Food Standards Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 36
 
   
BY THE BARONESS HAYMAN
 
90      Page 19, leave out line 13  
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
91      Page 19, line 17, after ("State") insert ("for Health")  
   
BY THE BARONESS HAYMAN
 
92      Page 19, line 24, at end insert ("; and
    the 1991 Order" means the Food Safety (Northern Ireland) Order 1991")
 
93      Page 19, line 29, leave out subsection (3) and insert--
 
    ("(3)  Expressions used--
    (a)  as regards England and Wales and Scotland, in this Act and in the 1990 Act, or
    (b)  as regards Northern Ireland, in this Act and the 1991 Order,

have, unless the context otherwise requires, the same meaning in this Act as in that Act or that Order (except that in this Act "animal" includes any bird or fish).")

 
94      Page 19, line 33, after ("order)") insert (", or under the corresponding provision of Article 2(2) of the 1991 Order,")  
   
Clause 37
 
   
BY THE BARONESS HAYMAN
 
95      Page 19, line 40, leave out subsection (2)  
   
Clause 39
 
   
BY THE BARONESS HAYMAN
 
96      Page 20, line 45, leave out ("enactment") and insert ("Act")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
97      Page 21, line 9, at end insert--
 
    ("(  )  Any funding made available to enforcement authorities for enforcing relevant legislation (as defined in section 15) shall be designated as being used by enforcement authorities for that purpose only.")
 
   
BY THE BARONESS HAYMAN
 
98      Page 21, line 44, leave out ("the Northern Ireland Act 1998") and insert ("any Act")  
   
Clause 40
 
   
BY THE BARONESS HAYMAN
 
99      Page 22, line 4, at end insert--
 
    ("(2A)  The National Assembly for Wales (Transfer of Functions) Order 1999 shall have effect, in relation to any Act mentioned in Schedule 1 to the Order, as if any provision of this Act amending that Act was in force immediately before the Order came into force.")
 
   
Clause 41
 
   
BY THE BARONESS HAYMAN
 
100      Page 22, line 15, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")  
   
Clause 42
 
   
BY THE BARONESS HAYMAN
 
101      Page 23, line 11, leave out paragraph (b) and insert--
    ("(b)  by the First Minister and deputy First Minister acting jointly, in relation to provision dealing with transferred matters (within the meaning of section 4(1) of the Northern Ireland Act 1998).")
 
   
Clause 43
 
   
BY THE BARONESS HAYMAN
 
102      Page 23, line 14, after ("section") insert ("and paragraph 4(2) of Schedule 5)")  
103      Page 23, line 19, at end insert--
 
    ("(3A) Until the day appointed under section 3(1) of the Northern Ireland Act 1998, this Act has effect with the substitution--
    (a)  for references to the First Minister and deputy First Minister acting jointly, of references to a Northern Ireland Department;
    (b)  for references to an Act of the Northern Ireland Assembly, of references to a Measure of the Northern Ireland Assembly; and
    (c)  for references to transferred matters within the meaning of section 4(1) of the Northern Ireland Act 1998, of references to transferred matters within the meaning of section 43(2) of the Northern Ireland Constitution Act 1973;
    (d)  for references to paragraph 1(a) of Schedule 2 to the Northern Ireland Act 1998, of references to paragraph 1(a) of Schedule 2 to the Northern Ireland Constitution Act 1973.")
 
   
Schedule 2
 
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
104      Page 25, line 43, at end insert--
 
    ("(  )  Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including experience in matters related to food safety and standards including nutrition and labelling or other interests of consumers in relation to food).")
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
105      Page 26, line 9, leave out ("5(2)") and insert ("5(1)")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
106      Page 26, line 11, at end insert--
 
    ("(  )  Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including public interest representation).")
 
107      Page 26, line 11, at end insert--
 
    ("(  )  Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including experience in matters related to food safety and standards including nutrition and labelling or other interests of consumers in relation to food).")
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
108      Page 26, line 15, leave out ("5(2)") and insert ("5(1)")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
109      Page 26, line 21, at end insert--
 
    ("(  )  Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including public interest representation).")
 
110      Page 27, line 10, at end insert--
 
    ("(  ) One of the authorities shall be designated as the lead authority.")
 
   
Schedule 3
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
111*      Page 27, line 34, at end insert--  
  ("Sections 37, 38, 39 (appeals)  
      . The decisions of the agency when acting as an enforcement authority shall be subject to the appeals procedure.")  
112*      Page 28, line 6, at end insert--
 
    ("(  )  When making an order under section 42, the Secretary of State must specify the period for which the Agency is empowered to exercise the default powers.")
 
113*      Page 28, line 6, at end insert--
 
    ("(  )  The Agency shall recover in full from the food authority the actual costs it has incurred when acting in default.")
 
114*      Page 28, line 6, at end insert--  
  ("Section 45 (regulations as to charges)  
       .  No regulations to which this section applies shall be made (whether alone or with other regulations) by or in connection with the Agency unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.")  
   
BY THE BARONESS HAYMAN
 
115      Page 28, line 10, at end insert--  
  ("Part IA  
  Functions under the 1991 Order  
      7A.  This Part has effect for conferring functions under the 1991 Order on the Agency (and references to Articles are to Articles of the 1991 Order).  
  Article 12 (emergency control orders)  
      7B.  The Agency may grant consent under paragraph (3), and give directions under paragraph (5), of Article 12.  
  Article 26 (enforcement)  
      7C.  The Agency--
    (a)  may be directed to discharge duties of district councils under Article 26(2);
    (b)  may be specified as an authority to enforce and execute regulations or orders in pursuance of Article 26(3); and
    (c)  may take over the conduct of proceedings mentioned in Article 26(4) either when directed to do so by the Department of Health and Social Services for Northern Ireland or with the consent of the district council which instituted them.
 
  Article 39 (codes of practice)  
      7D.--(1)  The Agency may, after consulting the Department of Health and Social Services for Northern Ireland--
    (a)  give directions to district councils under Article 39(2)(b) as to steps to be taken in order to comply with codes of practice under Article 39; and
    (b)  enforce any such directions.

    (2)  The Agency may undertake consultation with representative organisations regarding proposals for codes of practice under Article 39.

 
  Article 40 (information from district councils)  
      7E.  The Agency may exercise the power to require returns or other information from district councils under Article 40.  
  Article 41 (default powers)  
      7F.  The Agency may be empowered by an order under Article 41 to discharge any duty of a district council.  
  Article 47 (regulations and orders)  
      7G.  The Agency may undertake consultation with representative organisations required by Article 47 regarding proposals for regulations or orders under the 1991 Order.")  
116      Page 28, line 38, leave out ("The Ministers") and insert ("A licensing authority")  
117      Page 28, line 39, leave out ("they contemplate") and insert ("the authority contemplates")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
118      Page 28, line 41, leave out ("from time to time") and insert ("regularly")  
   
BY THE BARONESS HAYMAN
 
119      Page 28, line 42, leave out ("them") and insert ("the authority")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
120      Page 29, line 7, leave out ("from time to time") and insert ("regularly")  
121      Page 29, line 18, leave out ("from time to time") and insert ("regularly")  
   
BY THE BARONESS HAYMAN
 
122      Page 30, line 23, at end insert--  
  ("Genetically Modified Organisms (Northern Ireland) Order 1991 (S.I. 1991/1714 (N.I. 19))  
      11A.  In Article 5(7) and Article 8(7) of the Genetically Modified Organisms (Northern Ireland) Order 1991 (grant of exemptions) after the word "Department" there shall be inserted the words ", or by the Department and the Food Standards Agency acting jointly,".
 
    11B.--(1)  For Article 22 of that Order (exercise of certain functions relating to genetically modified organisms jointly by the Department of the Environment and the Department of Agriculture) there shall be substituted the following Article--
 
 
        22.--(1)  Any power of the Department to make regulations under this Order (other than the power conferred by Article 10) is exercisable, where the regulations to be made relate to any matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly.
        (2)  Any function of the Department under this Order (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly (but subject to paragraph (3)).
        (3)  Any function of the Department under Articles 5(8) and 7 is exercisable, where the function is to be exercised in relation to a matter with which the Food Standards Agency is concerned--
      (a)  if it is a matter with which the Department of Agriculture is also concerned, by the Department, the Department of Agriculture and the Food Standards Agency acting jointly;
      (b)  otherwise, by the Department and the Food Standards Agency acting jointly.
        (4)  Accordingly, references in this Order to the Department shall, where paragraph (1), (2) or (3) applies, be treated as references to the authorities in question acting jointly.
        (5)  The Food Standards Agency shall be consulted before--
      (a)  any regulations are made under this Order, other than under Article 10, or
      (b)  any consent is granted or varied.
        (6)  The reference in Article 10 to expenditure of the Department in discharging functions under this Order in relation to consents shall be taken to include a reference to the corresponding expenditure of the Department of Agriculture in discharging those functions jointly with the Department.
        (7)  The validity of anything purporting to be done in pursuance of the exercise of a function of the Department under this Order shall not be affected by any question whether that thing fell, by virtue of this Article, to be done jointly with the Department of Agriculture or the Food Standards Agency (or both)."

    (2)  In consequence of sub-paragraph (1), in the definition of "the Department" in Article 2(2) of that Order, after the word "means" there shall be inserted the words "(subject to Article 22)".")

 
 
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Parliamentary copyright 1999
Prepared 11 October 1999