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80c. 46
Scotland Act 1998

Sch. 5

Section C4.C4. Intellectual property

Intellectual property.

Exception

The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

Section C5.C5. Import and export control

The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.

Prohibition and regulation of the import and export of endangered species of animals and plants.

Exceptions

Prohibition and regulation of movement into and out of Scotland of—

(a) food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and
(b) animal feeding stuffs, fertilisers and pesticides for the purposes of protecting human, animal or plant health or the environment.

Section C6.C6. Sea fishing

Regulation of sea fishing outside the Scottish zone (except in relation to Scottish fishing boats).

Interpretation

“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.

Section C7.C7. Consumer protection

Regulation of—

(a) the sale and supply of goods and services to consumers,
(b) guarantees in relation to such goods and services,
(c) hire-purchase, including the subject-matter of Part III of the Hire-Purchase Act 1964,
(d) trade descriptions, except in relation to food,
(e) misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,
(f) price indications,
(g) trading stamps,
(h) auctions and mock auctions of goods and services, and
(i) hallmarking and gun barrel proofing.

Safety of, and liability for, services supplied to consumers.

The subject-matter of—

(a) the Hearing Aid Council Act 1968,
(b) the Unsolicited Goods and Services Acts 1971 and 1975,
(c) Parts I to III and XI of the Fair Trading Act 1973,
(d) the Consumer Credit Act 1974,
(e) the Estate Agents Act 1979,