Regulation 40 Civil remedy

United Kingdom

(1)

If the Court of Session is satisfied, on the application of a person mentioned in paragraph (4), that any person has contravened regulation 5, 6, F17(1) or (3), 8(6) or (7), 9(6), 10(4), 11 or 12, in Scotland, the Court may grant an interdict prohibiting such contravention.

(2)

If the High Court is satisfied, on the application of a person mentioned in paragraph (4), that any person has contravened regulation 6, 8(6) or (7), 9(6), 10(4), 11 or 12 in England, Northern Ireland or Wales, the Court may grant an injunction prohibiting such contravention.

(3)

If the High Court is satisfied, on the application of a person mentioned in paragraph (4), that any person has contravened regulation F27(1) or (3) in a case where regulation 7(4)(b) applies and the person arranging the movement of the whisky is in England, Northern Ireland or Wales, the Court may grant an injunction prohibiting such contravention.

(4)

The persons are—

(a)

any distiller or blender of Scotch Whisky;

(b)

the owner of a brand of Scotch Whisky;

(c)

The Scotch Whisky Association; or

(d)

any other person appearing to the court to be representative of a group of persons who are distillers or blenders of Scotch Whisky or owners of brands of Scotch Whisky.

Annotations

Textual amendments

F1: Words in reg. 40(1) substituted (31.10.2019) by The Spirit Drinks and Scotch Whisky (Amendment) Regulations 2019 (S.I. 2019/1289), regs. 1, 3(8)
F2: Words in reg. 40(3) substituted (31.10.2019) by The Spirit Drinks and Scotch Whisky (Amendment) Regulations 2019 (S.I. 2019/1289), regs. 1, 3(8)