UK Offence Report

The Spirit Drinks (Scotland) Regulations 1990

UK Statutory Instrument 1990 No. 1196 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 June 1990
In force from
5 July 1990
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972, Food and Drugs (Scotland) Act 1956

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply to Scotland only, make provision for the administration, execution and enforcement of directly applicable Community provisions relating to the definition, description and presentation of spirit drinks set out in Council Regulation (EEC) No. 1576/89 (OJ No. L160, 12.6.1989, p.1) (the “Council Regulation”) and come into force on 5th July 1990. The Regulations– a designate authorities for the purposes of enforcement (regulation 3); b provide a power to authorised officers to require the production of books and documents and to take copies of books and documents (regulation 4); c prescribe offences and penalties (regulation 5(1)); d apply various provisions of the Food and Drugs (Scotland) Act 1956 for the purposes of enforcement (regulation 6); e repeal section 3(4) of the Food and Drugs (Scotland) Act 1956 which permitted a defence in proceedings in respect of diluted whisky, brandy, rum or gin (regulation 7). Under the transitional provisions of Article 1 of Commission Regulation (EEC) No. 3773/89 (OJ No. L365, 15.12.89, p.48) the marketing of spirit drinks not conforming with the provisions of the Council Regulation is permitted for specified periods in the circumstances described in that Article (regulation 5(2)).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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