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Scotch Whisky Act 1988

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3Interpretation, orders and consequential amendments

(1)In this Act—

  • “the court” means, in section 1, the Court of Session and, in section 2, the High Court in relation to England and Wales and the Court of Session in relation to Scotland;

  • “the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly;

  • “Scotch whisky” means such whisky (distilled and matured in Scotland) as conforms to a definition of Scotch whisky contained in an order made under this subsection by the Ministers;

  • “sell” includes offering for sale, exposing for sale and having in possession for the purpose of sale, and cognate expressions shall be construed accordingly; and

  • “whisky” means spirits—

    (a)

    which have been produced by the distillation of a mash of cereals which has been—

    (i)

    saccharified by the diastase of the malt contained therein, with or without other natural enzymes; and

    (ii)

    fermented by the action of yeast,

    to an alcoholic strength of less than 94.8 per cent by volume so that the distillate has an aroma and taste derived from the raw materials used; and

    (b)

    which have matured for at least three years in wooden casks of a capacity not exceeding 700 litres.

(2)The Ministers may by order amend the definition of whisky in subsection (1) above.

(3)Orders made under this section or section 2 of this Act may make different provision for different cases.

(4)Orders made by the Ministers under this section and section 2 of this Act shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)In paragraph 1(b) of Schedule 7 to the [1969 c. 32.] Finance Act 1969 for the words from the beginning to “in Scotland” there shall be substituted—

(b)the expression “Scotch whisky” shall have the same meaning as it has in section 3(1) of the Scotch Whisky Act 1988;.

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