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Agriculture Act 1970
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74 Limits of variation.U.K.
(1)No action shall lie on any warranty arising under the foregoing provisions of this Part of this Act for any mis-statement as to the nature, substance or quality of any material if the mis-statement does not exceed any limits of variation prescribed in relation thereto for the purposes of this section; but if the mis-statement exceeds any such limits the purchaser’s rights under the warranty shall not be affected by the limits.
(2)Particulars with respect to any material which are contained in a statutory statement or in any document, or which are marked on, or denoted by a mark on, the material, shall not for the purposes of this Part of this Act be treated as false by reason of any mis-statement therein as to the nature, substance or quality of the material if the mis-statement does not exceed the said limits of variation.
[F1(3)Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.]
Subordinate Legislation Made
P1S. 74: for previous exercises of this power see Index to Government Orders
P2S. 74(1): s. 74A (with ss. 66(1), 68(1)(1A)(3), 69(1)(3)(6)(7), 70(1), 73(3), 74(1) and 84) power exercised by S.I. 1991/1475
P3S. 74(1): s. 84 (with ss. 66(1), 68(1)(2)(3), 69(1)(3)(6)(7), 70(1), 74(1), 74A (1)(2)(4)) power exercised by S.I.1991/2197
P4S. 74(1): S. 74A (with ss. 66(1), 68(1)(1A) and (3), 69(1), (3), (6) and (7), 70(1), 74(1), 74A and 84) power exercised by S.I.1991/2840
Textual Amendments
F1S. 74(3) added (E.) (23.11.2010) by The Animal Feed (England) Regulations 2010 (S.I. 2010/2503), regs. 1, 14(8); and s. 74(3) added (W.) (23.11.2010) by The Animal Feed (Wales) Regulations 2010 (S.I. 2010/2652), regs. 1, 14(8); and s. 74(3) added (N.I.) (23.11.2010) by The Animal Feed Regulations (Northern Ireland) 2010 (S.R. 2010/355), regs. 1, 14(8); and s. 74(3) inserted (S.) (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 14(8)
Modifications etc. (not altering text)
C1S. 74(1) transfer of functions (15.2.2006) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304), art. 1(1), Sch. (with art. 5)
C2S. 74(2) modified (E.) (29.10.2000) S.I. 2000/2481, reg. 7(1)
s. 74(2) modified (W.) (1.3.2001) by S.I. 2001/343, reg. 7(1)
C3S. 74(2) amendment to earlier affecting provision SI 2001/343 reg. 7(1) (W.) (1.5.2003) by The Feeding Stuffs (Amendment) (Wales) Regulations 2003 (S.I. 2003/989), regs. 1(1), 4
C4S. 74(2) amendment to earlier affecting provision SI 2001/343 reg. 7(1) (W.) (1.8.2003) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1850), regs. 1(2), 4
C5S. 74(2) amendment to earlier affecting provision SI 2001/343 reg. 7(1) (W.) (3.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulatons 2003 (S.I. 2003/3119), regs. 1(2), 3(2)
C6S. 74(2) amendment to earlier affecting provision SI 2000/2481 reg. 7(1) (E.) (8.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No.2) Regulations 2003 (S.I. 2003/2912), regs. 1, 3(2)
C7S. 74(2) amendment to earlier affecting provision SI 2000/2481 reg. 7(1) (E.) (1.6.2004) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004 (S.I. 2004/1301), regs. 1, 3(3)
C8S. 74(2) amendment to earlier affecting provision SI 2001/343 reg. 7(1) (W.) (9.7.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1749), regs. 1, 3(2)
C9S. 74(2) amendment to earlier affecting provision SI 2001/343 reg. 7(1) (W.) (24.11.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2004 (S.I. 2004/3091), regs. 1, 3(3)
C10S. 74(2) modified (S.) (1.1.2006) by The Feeding Stuffs (Scotland) Regulations 2005 (S.S.I. 2005/605), regs. 1(1), 10(1)
C11S. 74(2) modified (N.I.) (1.1.2006) by The Feeding Stuffs Regulations (Northern Ireland) 2005 (S.R. 2005/545), regs. 1, 10(1)
C12S. 74(2) modified (E.) (1.1.2006) by The Feeding Stuffs (England) Regulations 2005 (S.I. 2005/3281), regs. 1, 10
C13S. 74(2) modified (W.) (25.1.2006) by The Feeding Stuffs (Wales) Regulations 2006 (S.I. 2006/116), regs. 1, 10
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