Regulation 27 Application of various provisions of the Act

Scotland

(1)

The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations—

(a)

section 2 (extending meaning of “sale” etc); and

(b)

section 30(8) (analysis etc. of samples) M1.

(2)

In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference to the Act in subsection (1) is to be construed as including a reference to Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 F1, Regulation 10/2011 or Regulation 2018/213, as appropriate.

(3)

The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to Regulation 1935/2004, Regulation 1895/2005, Regulation 2023/2006, Regulation 450/2009 F2, Regulation 10/2011 or Regulation 2018/213, as appropriate, and to these Regulations—

(a)

section 3 (presumptions that food intended for human consumption) with the modifications that the references to “sold” and “sale” are to be deemed to include references to “placed on the market” and “placing on the market” respectively; and

(b)

section 44 (protection of officers acting in good faith).

Annotations

Textual amendments

F1: Words in reg. 27(2) substituted (28.3.2019) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 (S.S.I. 2019/32), regs. 1, 10(a)
F2: Words in reg. 27(3) substituted (28.3.2019) by The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019 (S.S.I. 2019/32), regs. 1, 10(b)

Marginal citations

M1: Section 30(8) sets out the evidential status of certificates of analysis and examination provided by food analysts and examiners.