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

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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.") 
111A     Page 27, line 37, leave out ("food") and insert ("enforcement") 
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--
 
         Mode of exercise of certain functions 
 
        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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