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Version Superseded: 01/09/2009
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There are currently no known outstanding effects for the Licensing (Scotland) Act 1976 (repealed), Section 127.
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(1)For the purposes of any trial in connection with an alleged contravention of any provision of this Act, the following provisions of this section shall apply.
[F1(2)Any liquid found in a container (sealed or open) shall, subject to the provisions of this section, be presumed to conform to the description of the liquid on the container.
(3)An open container which is found to contain—
(a)no liquid; or
(b)insufficient liquid to permit analysis,
but which when sold or supplied to a person was sealed shall, subject to the provisions of this section, be presumed to have contained at the time of the sale or supply liquid which conformed to the description of the liquid on the container.
(4)Subject to subsection (5) below, in any trial of a person for an offence under this Act, he may rebut the presumption mentioned in subsection (2) or (3) above by showing that, at the time of the sale or supply, the liquid in the container did not conform to the description of the liquid on the container.
(5)A person shall not be entitled to lead evidence for the purpose of rebutting a presumption as mentioned in subsection (4) above unless, not less than 7 days before the date of the trial, he has given notice to the prosecutor of his intention to do so.]
Textual Amendments
F1S. 127(2)–(5) substituted for s. 127(2)–(6) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 55(1)
Modifications etc. (not altering text)
C1S. 127 extended by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 76
S. 127 applied (1.4.1996) by 1995 c. 39, ss. 22, 53(2)
Textual Amendments applied to the whole legislation
F2Act repealed (1.6.2006 for specified purposes, 1.5.2007 for specified purposes, 1.2.2008 for specified purposes, 1.9.2009 in so far as not already in force) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I 2007/129, art. 3, sch.; S.S.I 2007/472, arts. 2, 3, sch. 1, sch. 2
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