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5. The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations–
(a)section 2 (extended meaning of “sale” etc.);
(b)section 3 (presumption that food is intended for human consumption);
(c)section 20 (offences due to the fault of another person);
(d)section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
(e)section 22 (defence of publication in the course of a business);
(f)section 30(8) (which relates to documentary evidence);
(g)section 34 (time limit for prosecutions);
(h)section 36 (offences by bodies corporate);
(i)section 36A (offences by Scottish partnerships); and
(j)section 44 (protection of officers acting in good faith).
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Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
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