Regulation 16

SCHEDULE 3Modification of provisions of the Act

PART 1Modification of section 21 of the Act (defence of due diligence)

1.  Section 21 applies as if—

(a)in subsection (2), the reference to an offence under section 14 or 15 were to an offence under these Regulations, and

(b)in subsection (4)(b), the references to “sale or intended sale” were to include “promotion or presentation”.

PART 2Modification of section 32 of the Act (powers of entry)

2.  Section 32(1)(a) applies as if “or of regulations or orders made under it” were omitted.

3.  Section 32(6)(a) applies as if “or of regulations or orders made under it” were omitted.

PART 3Modification of section 34 of the Act (time limits for prosecutions)

4.  Section 34 applies as if for “section 35(2) below” there were substituted “regulation 11(2)”.

PART 4Modification of section 35 of the Act (punishment of offences)

5.  Section 35(1) applies as if the reference to section 33(1) were to that section as applied by these Regulations.

6.  Section 35(2) applies as if for “any other offence under this Act” there were substituted “an offence under section 33(2) as applied by these Regulations”.

PART 5Modification of section 37 of the Act (appeals to magistrates’ court)

7.  The heading to section 37 applies as if the reference to “or sheriff” were omitted.

8.  Section 37(1) applies as if there were substituted—

“(1) Any person who is aggrieved by the decision of an authorised officer of a food authority to serve an improvement notice under regulation 10 may appeal to a magistrates’ court.”

9.  Section 37(3) applies as if “or an appeal to such a court for which provision is made by regulations under Part II of this Act” were omitted.

10.  Section 37(5) applies as if—

(a)“or (4)” were omitted, and

(b)in paragraph (b), “in the case of an appeal under subsection (1)(a) above, that period or” were omitted.

11.  Section 37(6) applies as if—

(a)“or (4)” were omitted, and

(b)in paragraph (a), “or to the sheriff” were omitted.

PART 6Modification of section 39 of the Act (appeals against improvement notices)

12.  Section 39 applies as if—

(a)the references to an improvement notice were to an improvement notice served under regulation 10, and

(b)in subsection (3), “for want of prosecution” were omitted.

PART 7Modification of section 49 of the Act (form and authentication of documents)

13.  Section 49(4) applies as if “and of any regulations and orders made under it” were omitted.