Part 1: Corrosive products and substances Sale and delivery of corrosive products Section 5: Presumptions in proceedings in Scotland for offence under section 1, 3 or 4
This section provides for certain evidential presumptions in Scotland relating to the nature of substances that are, or were, in containers in relation to offences under Sections 1, 3 or 4 involving a corrosive product.
	Subsections (2) and (3) makes provision for the circumstances in which the evidential presumption applies.
	Subsection (2) provides that where a substance is found in a container which has on it a description of its contents, then it is presumed the substance found is as described. This applies whether the container is open or sealed.
	Subsection (3) provides that where an open container is found and it is empty or there is an insufficient amount of a substance to allow analysis, any description as to the contents found on the container is presumed to identify the contents accurately. The operation of this evidential presumption requires the container to have been sealed at the time it was either sold or delivered.
	Subsections (4) and (5) provide that any party to proceedings can rebut the presumption but they must do so by giving notice of their intention to lead evidence for this purpose at least 7 days prior to trial.