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The Scotch Whisky Regulations 2009

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This is the original version (as it was originally made).

Civil remedy

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40.—(1) If the Court of Session is satisfied, on the application of a person mentioned in paragraph (4), that any person has contravened regulation 5, 6, 7(1), (2) or (3), 8(6) or (7), 9(6), 10(4), 11 or 12, in Scotland, the Court may grant an interdict prohibiting such contravention.

(2) If the High Court is satisfied, on the application of a person mentioned in paragraph (4), that any person has contravened regulation 6, 8(6) or (7), 9(6), 10(4), 11 or 12 in England, Northern Ireland or Wales, the Court may grant an injunction prohibiting such contravention.

(3) If the High Court is satisfied, on the application of a person mentioned in paragraph (4), that any person has contravened regulation 7(1), (2) or (3) in a case where regulation 7(4)(b) applies and the person arranging the movement of the whisky is in England, Northern Ireland or Wales, the Court may grant an injunction prohibiting such contravention.

(4) The persons are—

(a)any distiller or blender of Scotch Whisky;

(b)the owner of a brand of Scotch Whisky;

(c)The Scotch Whisky Association; or

(d)any other person appearing to the court to be representative of a group of persons who are distillers or blenders of Scotch Whisky or owners of brands of Scotch Whisky.

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