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The Scotch Whisky Act 1988 (Commencement and Transitional Provisions) Order 1990

S.I. 1990/997 · Made 30 April 1990

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SCOTCH WHISKY

Made 30th April 1990

The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, in exercise of the powers conferred by sections 3(1) and 5(2) and (3) of the Scotch Whisky Act 1988f1 and of all other powers enabling them in that behalf hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 22; section 3(1) contains a definition of “the Ministers”.

Contents

  1. 1Title and interpretation
  2. 2Commencement of provisions
  3. 3Transitional provisions
  4. Signature
  5. Explanatory note

1Title and interpretation

(1)

This Order may be cited as the Scotch Whisky Act 1988 (Commencement and Transitional Provisions) Order 1990.

(2)

In this Order—

  • “the Act” means the Scotch Whisky Act 1988; and

  • “exempt Scotch whisky” means Scotch whisky bottled and labelled for retail sale before 15th December 1990.

2Commencement of provisions

The Act, except section 4, shall come into force on 30th April 1990.

3Transitional provisions

Notwithstanding the provisions of section 2(1)(b) of the Act, it shall be lawful—

(a)

to sell by wholesale or retail exempt Scotch whisky until 14th December 1991; and

(b)

to sell by retail such exempt Scotch whisky as is held in stock by a retailer on 14th December 1991 until such stock is exhausted,

at an alcoholic strength less than any such strength specified in an order made by the Ministers under that section (being also transitional measures relating to the sale of spirit drinks contained in Article 1 of Commission Regulation (EEC) No 3773/89 laying down transitional measures relating to spirituous beveragesf1).

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

27th April 1990.

Sanderson of Bowden

Minister of State, Scottish Office

30th April 1990

Explanatory note

(This note is not part of the Order)

This Order brings into force the provisions of sections 1, 2, 3 and 5 of the Scotch Whisky Act 1988 (“the Act”); section 4 (which relates to the making of corresponding provision for Northern Ireland) came into force on Royal Assent (28th June 1988) (article 2).

There are transitional provisions under which the sale of Scotch whisky at a strength less than that specified in an order made by the Minister of Agriculture, Fisheries and Food and the Secretary of State under section 2(1) of the Act remains lawful for limited periods in certain circumstances (article 3).