2018 No. 135
The Alcohol (Minimum Price per Unit) (Scotland) Order 2018
Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by paragraphs 6A(4) and (6) of schedule 3 and paragraphs 5A(4) and (6) of schedule 4 of the Licensing (Scotland) Act 2005 (“the 2005 Act”) M1 and all other powers enabling them to do so M2.
There has been a consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M3.
In accordance with section 146(5)(a) of the 2005 Act M4, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (“the 2010 Act”). The Order is subject to the affirmative procedure by virtue of section 33(3) of the 2010 Act.
OJ L 31, 1.2.2002, p.1, last amended by Regulation (EU) No 652/2014 (OJ L 189, 27.6.2014, p.1).
Section 146(5)(a) has been modified by paragraph 5 of schedule 3 of the 2010 Act and was amended by section 1(4) of the 2012 Act.
Citation, commencement and interpretation1
1
This Order may be cited as the Alcohol (Minimum Price per Unit) (Scotland) Order 2018 and comes into force on 1st May 2018.
2
In this Order—
F2“sales to trade” means the selling of alcohol to a person for the purposes of the person’s trade;
“schedule 3” means schedule 3 (premises licences: mandatory conditions) of the Licensing (Scotland) Act 2005; and
“schedule 4” means schedule 4 (occasional licences: mandatory conditions) of the Licensing (Scotland) Act 2005.
Minimum price per unit2
For the purposes of paragraph 6A(3) of schedule 3 and paragraph 5A(3) of schedule 4, the minimum price per unit is 50 pence.
F1Sales to trade2A
The minimum price per unit specified in article 2 does not apply for the purpose of sales to trade.
Labelling provisions3
For the purposes of paragraph 6A(5)(b) of schedule 3 and paragraph 5A(5)(b) of schedule 4, the relevant labelling provisions are the Food Information (Scotland) Regulations 2014 M5.
2005 asp 16. Paragraph 6A of schedule 3 and paragraph 5A of schedule 4 were inserted by section 1 of the Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4) (“the 2012 Act”).