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The Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2024

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Scottish Statutory Instruments

2024 No. 128

Public Health

Food

The Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2024

Made

23rd April 2024

Coming into force

30th September 2024

The Scottish Ministers make the following Order in exercise of the powers conferred by paragraph 6A(4) of schedule 3 and paragraph 5A(4) of schedule 4 of the Licensing (Scotland) Act 2005 (“the 2005 Act”)(1) and all other powers enabling them to do so.

There has been a consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(2).

In accordance with section 146(5) of the 2005 Act(3), a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Alcohol (Minimum Price per Unit) (Scotland) Amendment Order 2024 and comes into force on 30 September 2024.

Minimum price per unit

2.—(1) The Alcohol (Minimum Price per Unit) (Scotland) Order 2018(4) is amended in accordance with this article.

(2) In article 2, for “50 pence” substitute “65 pence”.

CHRISTINA McKELVIE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd April 2024

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under paragraph 6A(4) of schedule 3 and paragraph 5A(4) of schedule 4 of the Licensing (Scotland) Act 2005 (“the 2005 Act”). It comes into force on 30 September 2024.

Article 2 of the Order amends the Alcohol (Minimum Price per Unit) (Scotland) Order 2018 to specify a new minimum price per unit for alcohol. This applies for the purpose of calculating the minimum price of alcohol relevant to the licensing conditions in paragraph 6A of schedule 3 and paragraph 5A of schedule 4 of the 2005 Act which provide that alcohol may not be sold at a price below the minimum. The new minimum price per unit for alcohol is 65 pence.

A full Business and Regulatory Impact Assessment has been prepared by the Scottish Government and is available on the Scottish Government website. Copies may be obtained from the Scottish Government Directorate for Population Health, St Andrew’s House, Edinburgh EH1 3DG.

(1)

2005 asp 16. Paragraph 6A of schedule 3 and paragraph 5A of schedule 4 were inserted by section 1 of the Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4) (“the 2012 Act”).

(2)

EUR 178/2002 as amended by S.I. 2019/641.

(3)

Section 146(5)(a) was relevantly amended by section 1(4) of the 2012 Act.

(4)

S.S.I. 2018/135 as amended by S.S.I. 2020/81.

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