The Spirit Drinks Regulations 1990

Application of various provisions of the Act

6.—(1) Without prejudice to the provisions of the Act which specifically apply in respect of regulations made thereunder and subject to paragraph (2) of this regulation, the following provisions of the Act shall apply for the purposes of enforcement and execution of the specified Community provisions 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 may be, taken or brought for an offence under these Regulations–

(a) section 95(5) and (6) (which relates to prosecutions);

(b) section 97(1) and (3) (which relates to evidence of analysis);

(c) section 99 (which relates to analysis by the Government Chemist);

(d) section 100 (which relates to a contravention due to another’s fault);

(e) section 102(2) (which relates to a warranty pleaded as a defence); and

(f) section 103 (which relates to offences as to warranties and certificates of analysis).

(2) Section 99 of the Act shall apply for the purposes of these Regulations as if the reference therein to section 95(6) of the Act included a reference to that subsection as applied by paragraph (1) of this regulation.