s 109 Enforcement in Scotland.
(1) Subject to the provisions of section 108(6C) of this Act as applied by subsection (2) of this section, It shall be the duty of the Secretary of State to enforce in Scotland, or to secure the enforcement in Scotland of, the provisions of this Act and of any regulations and orders made under it. (2) Subsections (2), (6) to (6D), (9) and (10) of section 108 of this Act shall have effect in relation to Scotland as if— (a) any reference to the appropriate Minister ... were a reference to the Secretary of State; (b) any reference to England and Wales were a reference to Scotland; and (c) references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) Subsection (12) of section 108 of this Act shall have effect in relation to Scotland as if for paragraphs (a) and (b) there were substituted the words “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ” (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Nothing in this section shall be construed as authorising an enforcement authority to institute proceedings for any offence.