Regulation 10 Application of various sections of the Act

(1)

Subject to paragraph (2) 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 maybe, taken or brought for an offence under these Regulations—

(a)

section 41(2), (3) and (5) (which relates to prosecutions);

(b)

section 42(1), (2) and (3) (which relates to evidence of analysis);

(c)

section 44 (which relates to a requirement for analysis by the Government Chemist);

(d)

section 45 (which relates to a contravention due to default by some other person);

(e)

section 46(2) (which relates to the conditions under which a warranty may be pleaded as a defence); and

(f)

section 47 (which relates to offences in relation to warranties and certificates of analysis).

(2)

Section 44 shall apply for the purposes of these Regulations as if the reference therein to section 41(5) of the Act included a reference to that sub-section as applied by paragraph (1) of this regulation.