Application of Provisions of the Act18

1

The following provisions of the Act shall apply for the purposes of the Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and unless the context otherwise requires a reference in them to the Act shall be construed as a reference to these Regulations:

  • section 3 (presumptions that food intended for human consumption);

  • section 20 (offences due to fault of another person);

  • section 21 (defence of due diligence);

  • section 30(8) (which relates to documentary evidence);

  • section 32 (powers of entry);

  • section 33 (obstruction etc of officers);

  • section 34 (time limit for prosecutions);

  • section 36 (offences by body corporate).

2

Section 6(3) of the Act (discharge of duties of food authorities by Ministers) shall apply as respects functions conferred on food authorities by these Regulations as it does as respects a duty imposed on a food authority by section 6(2) of the Act.

3

Section 37(1)(c) of the Act (appeals to magistrates' court or sheriff) shall apply in relation to a decision to refuse, vary or grant subject to limitations an approval applied for under regulation 9 as it does to a decision to refuse, cancel, suspend or vary a licence required by Regulations under Part II of the Act.