Regulation 5
| Provision of the Act | Modifications |
|---|---|
| Section 3 (presumptions that food intended for human consumption) | In subsection (1), for “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 21(1) (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 22 (defence of publication in the course of business) | In subsection (1), for “any of the preceding provisions of this Part” substitute “any provision of the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 29 (procurement of samples) | In paragraph (b)(ii), after “under section 32 below” insert “including under section 32 as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 30(8) (evidence of certificates given by a food analyst or examiner) | For “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 32 (powers of entry) | In subsection (1), for paragraphs (a) to (c) substitute “(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of a specified EU requirement (as defined in regulation 2 of the Foods for Specific Groups (Scotland) Regulations 2016); (b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of such a requirement; and (c) when exercising a power of entry under this section, to exercise the associated powers in sub-sections (5) and (6) relating to records.”. |
| Section 33 (obstruction etc. of officers) | In subsection (1), for “this Act” (in each place where it occurs) substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 35(1) (punishment of offences) | After “section 33(1) above” insert “as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Scotland) Regulations 2016,”. |
| Section 36 (offences by bodies corporate) | In subsection (1), for “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 36A(2) (offences by Scottish partnerships) | For “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 44 (protection of officers acting in good faith) | For “this Act”— (a) where it first appears substitute “the Foods for Specific Groups (Scotland) Regulations 2016 (“the 2016 Regulations”)”; and (b) on each other occasion it appears substitute “the 2016 Regulations”. |
Section 21(2) was amended by S.I. 2004/3279.
Section 36A was inserted by the Food Standards Act 1999, schedule 5, paragraph 16.