The Eggs and Chicks (Scotland) (No. 2) Regulations 2008

Application of various provisions of the Act

20.—(1) The following provisions of the Act (“the specified provisions”) shall apply for the purposes of these Regulations with the modifications specified in paragraph (2)–

(a) section 3 (presumptions that food intended for human consumption);

(b) section 20 (offences due to fault of another person);

(c) section 21 (defence of due diligence) as it applies to an offence under section 14 (selling food not of the nature or substance or quality demanded) or 15 (falsely describing or presenting food) of the Act;

(d) section 29 (procurement of samples);

(e) section 30(8) (documentary evidence in proceedings under the Act);

(f) section 32 (powers of entry);

(g) section 36 (offences by bodies corporate);

(h) section 36A(1) (offences by Scottish partnerships);

(i) section 44 (protection of officers acting in good faith);

(j) section 46(1) (expenses of authorised officers); and

(k) section 50(2) (service of documents).

(2) The specified modifications are–

(a) any reference in the specified provisions to the Act, or to a Part of the Act, or to specific sections of the Act, shall be construed as a reference to these Regulations, and in section 32(1)(a) the reference to “the provisions of this Act”, is to be construed as a reference to the provisions mentioned in Schedules 1 and 2;

(b) any reference in the specified provisions to an authorised officer, or an officer of an enforcement authority or a food authority, is to be construed as a reference to an authorised officer as defined in regulation 2(1);

(c) in relation to section 20, the reference to the section is to be construed as including a reference to that section as applied to these Regulations;

(d) in relation to section 29–

(i) in (b)(ii), the reference to section 32 is to be construed as including a reference to section 32 as applied to these Regulations; and

(ii) in paragraph (d) omit “or of regulations or orders made under it”;

(e) in relation to section 30(8)(a) omit “under subsection (6) above”;

(f) in relation to section 32–

(i) in subsection (1)(a), omit “, or of regulations or orders made under it”;

(ii) in subsection (4), the reference to the section is to be construed as including a reference to that section as applied to these Regulations;

(iii) in subsection (5), the reference to the section is to be construed as including a reference to that section as applied to these Regulations and the reference to “a food business” is to be construed as including a hatchery;

(iv) in subsection (6)(a), omit “or of regulations or orders made under it”; and

(v) in subsection (7), the reference to the section is to be construed as including a reference to that section as applied to these Regulations; and

(g) in relation to section 44, any reference to a food authority is to be construed as a reference to an enforcement authority.

(1)

Section 36A was inserted by paragraphs 7 and 16 of Schedule 5 to the Food Standards Act 1999 (c. 28).

(2)

Section 50 was amended by paragraph 18 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40).