The Scotch Whisky Order 1990

Explanatory Note

(This note is not part of the Order)

This Order, which applies in Great Britain and comes into force on 1st June 1990,—

(a) defines Scotch whisky (article 3); and

(b) specifies its minimum alcoholic strength (article 4).

By virtue of section 2(1) of the Scotch Whisky Act 1988 it is unlawful to sell as Scotch whisky any spirits not conforming to the definition laid down, or to sell Scotch whisky at an alcoholic strength less than that specified, in this Order.

Section 2(2) of that Act provides that the High Court in relation to England and Wales and the Court of Session in relation to Scotland may, if satisfied on the application of any person producing Scotch whisky, or a body representative of a group of such persons, that a contravention of section 2(1) has occurred, grant an injunction restraining (or in Scotland an interdict prohibiting) that contravention.