Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1068 |
1985 No. 1068 (S. 87)
FOOD
The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 19852ndJuly 1985
25thJuly 1985
1stSeptember 1985
In exercise of the powers conferred on me by sections 4, 7, 13 and 16(2) as read with sections 56(8)(e) and (8A) and 60(3) of the Food and Drugs (Scotland) Act 1956 (a) and section 2(2) of the European Communities Act 1972 (b) and of all other powers enabling me on that behalf and as a Minister designated for the purposes of the said section 2(2) of the last-mentioned Act in relation to (c) the common agricultural policy of the European Economic Community, in relation to (d) the presentation and packaging of food intended for sale for human consumption and in relation to (e) the labelling of milk intended for sale for human consumption and after consultation in accordance with section 56(6) of the said Act of 1956 with such organisations as appear to me to be representative of interests substantially affected by these regulations, I hereby make the following regulations:—
1. These regulations may be cited as the Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985 and shall come into operation on 1st September 1985.
2. In each of the instruments specified in columns 1 and 2 of Schedule 1 to these regulations, there shall be substituted for the regulation specified in column 3 of that Schedule, the following regulation:—
"If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence and shall be liable—
(a) on summary conviction to a fine not exceeding £2,000;
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding one year or both.".
3. In regulation 2(1) of each of the instruments specified in columns 1 and 2 of Schedule 2 to these regulations the words "statutory maximum" and the definition following thereon shall be deleted.
(a) 1956 c.30; section 4(1) was amended by paragraph 3(1) of Schedule 4 to the European Communities Act 1972 (c.68); section 16(2) was amended by paragraph 3(3) of Schedule 4 to the European Communities Act 1972; section 56(8) was amended by and section 56(8A) inserted by paragraph 8 of Schedule 15 to the Criminal Justice Act 1982 (c.48) and S.I. 1984/526.
(b) 1972 c.68; section 2 is subject to Schedule 2 of that Act and is to be read in relation to offences triable summarily only with section 289(F) and 289(G) of the Criminal Procedure (Scotland) Act 1975 (c.21) (as inserted by section 54 of the Criminal Justice Act 1982) and S.I. 1984/526 and, in relation to offences triable either way, with...
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