The Scotch Whisky Regulations 2009

General interpretationU.K.

This section has no associated Explanatory Memorandum

4.—(1) In these Regulations—

“authorised officer” means any person appointed by an enforcement authority under regulation 17;

“blending” has the meaning given in the first sub-paragraph of paragraph (7) of Annex I to Regulation (EC) No 110/2008 as it applies in relation to a combination of whiskies and “blend” and “blended” shall be construed accordingly;

“enforcement authority” means an authority exercising a function conferred on it by regulation 16;

“excise warehouse” means a place of security approved under section 92(1) of the Customs and Excise Management Act 1979(1) or section 15(1) of the Alcoholic Liquor Duties Act 1979(2);

“food authority”—

(a)

in relation to England, means—

(i)

a county council;

(ii)

a metropolitan district council;

(iii)

a non-metropolitan district council for an area for which there is no county council;

(iv)

a London borough council;

(v)

the Common Council of the City of London (in their capacity as a local authority); and

(vi)

the Council of the Isles of Scilly;

(b)

in relation to Northern Ireland, means a district council;

(c)

in relation to Scotland, means a council constituted under section 2 or 3 of the Local Government etc. (Scotland) Act 1994(3); and

(d)

in relation to Wales, means a county council or a county borough council;

“manufacture” includes—

(a)

keeping for the purpose of maturation; and

(b)

keeping, or using, for the purpose of blending, except for domestic blending for domestic consumption;

“officer” —

(a)

in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; and

(b)

in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;

“packaging” has the meaning given in paragraph (17) of Annex I to Regulation (EC) No 110/2008;

“penalty” means the amount specified in a penalty notice;

“penalty notice” means a notice offering the opportunity, by payment, in accordance with these Regulations, of a specified amount, to discharge any liability to be convicted of the penalty offence to which the notice relates;

“penalty offence” means an offence for which a penalty notice may be given under regulation 32;

“permitted place”, in relation to a place where a whisky has been matured in Scotland, means any place in Scotland to which a whisky (or whisky distillate) that had previously been matured in an excise warehouse in Scotland is moved for a purpose mentioned in sub-paragraph (a), (b), (c), (d) or (f) of regulation 16(2) of the Excise Warehousing (Etc.) Regulations 1988(4);

“port health authority” means—

(a)

in relation to the London port health district (within the meaning given by section 7(1) of the Public Health (Control of Disease) Act 1984(5)), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of that Act, the port health authority for that district;

“premises” includes any place, vehicle or trailer, shipping container (whether used for transporting cargo or for storage), stall or moveable structure, ship or aircraft;

“presentation” has the meaning given in paragraph (15) of Annex I to Regulation (EC) No 110/2008;

“protected locality” means a locality mentioned in regulation 10(5);

“protected region” means a region mentioned in regulation 10(6);

“Regulation (EC) No 110/2008” means Regulation (EC) No 110/2008(6) of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89;

“relevant court” means—

(a)

in relation to England, Northern Ireland and Wales, a magistrates’ court; and

(b)

in relation to Scotland, a sheriff court;

“sell” includes offer or expose for sale or have in possession for sale;

“whisky” has the meaning given in point 2 of Annex II to Regulation (EC) No 110/2008;

“whisky-based drink” means a drink, other than whisky, that contains whisky; and

“whisky distillate” means a whisky distillate as described in point 2(a)(i) and (ii) of Annex II to Regulation (EC) No 110/2008.

(2) Other expressions used in these Regulations and Regulation (EC) No 110/2008 have their meanings in Regulation (EC) No 110/2008.

(3) In these Regulations “container” (except as used in the expression “shipping container”) has the same meaning as in paragraph (16) of Annex I to Regulation (EC) No 110/2008, and includes any cap or other device by which the receptacle has been closed, any tag attached to the receptacle, and any sheathing covering its neck, and—

(a)any reference to a container of Scotch Whisky must be construed as a reference to a container into which Scotch Whisky has been put for the purpose of subsequent sale; and

(b)any reference to the front of a container includes a reference to any label attached to the front of a container.

(4) In these Regulations any reference to the labelling of Scotch Whisky must be construed as a reference to the labelling of a container of Scotch Whisky for the purposes of subsequent sale (whether by attaching a label to the container, direct printing onto the container, moulding on the container or any other method by which information is included on a container).

(5) In these Regulations any reference to the packaging of Scotch Whisky must be construed as a reference to the packaging of a container of Scotch Whisky for the purposes of subsequent sale.

(1)

1979 c. 2, to which there are amendments not relevant to these Regulations.

(6)

OJ L 39, 13.2.2008, p 16, as last amended by Regulation (EC) No 1334/2008 of the European Parliament and of the Council (OJ No L 354, 31.12.2008, p 34).