Regulation 16 Application of various sections of the Act

(1)

Subject to paragraph (3) of this regulation, the following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations–

(a)

sections 95(5) and (6) (which relates to prosecutions);

(b)

section 97(1) and (3) (which relates to evidence of analysis);

(c)

section 99 (which relates to the power of a court to require analysis by the Government Chemist);

(d)

section 100 (which relates to a contravention due to some person other than the person charged);

(e)

section 102(2) (which relates to the conditions under which a warranty may be pleaded as a defence); and

(f)

section 103 (which relates to offences in relation to warranties and certificates of analysis).

(2)

Section 116 of the Act (which relates to protection of local government officers acting in good faith) shall have effect for the purposes of these Regulations as if references therein to that Act were references to these Regulations.

(3)

Section 99 shall apply for the purposes of these Regulations as if the reference therein to section 95(6) of the Act included a reference to that sub-section as applied by paragraph (1) of this regulation.