Food Standards Bill - continued        House of Lords

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SCHEDULE 5
 
  MINOR AND CONSEQUENTIAL AMENDMENTS
 
Agricultural Returns Act (Northern Ireland) 1939 (c. 35)(N.I.)
     1. In section 1(4) of the Agricultural Returns Act (Northern Ireland) 1939 (restriction on disclosure of returns), after paragraph (e) there shall be added the following paragraph-
 
 
    "(f) to the Food Standards Agency for purposes connected with the carrying out of any of its functions."
 
Agriculture Act 1947 (c. 48)
     2. In the proviso to section 80 of the Agriculture Act 1947 (exceptions to restriction on disclosure of information) after paragraph (d) there shall be inserted the following paragraph-
 
 
    "(e) to the Food Standards Agency for purposes connected with the carrying out of any of its functions,".
 
Parliamentary Commissioner Act 1967
     3. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) the following entry shall be inserted in the appropriate place-
 
 
    "Food Standards Agency."
 
Trade Descriptions Act 1968 (c. 29)
     4. - (1) Section 38 of the Trade Descriptions Act 1968 (orders) shall be amended as follows.
 
      (2) In subsection (2), the words from "agricultural" to "stuffs" (in the second place it appears) shall be omitted.
 
      (3) After subsection (2) there shall be inserted the following subsections-
 
 
    "(2A) Any order under the preceding provisions of this Act which relates to any agricultural, horticultural or fishery produce, whether processed or not, food, feeding stuffs or the ingredients of food or feeding stuffs shall be made by the Board of Trade acting jointly with the following Ministers, that is to say, if the order extends to England and Wales, the Secretary of State concerned with health and if it extends to Scotland or Northern Ireland, the Secretary of State concerned.
 
      (2B) Before making an order to which subsection (2) or (2A) of this section applies the Board of Trade shall consult the Food Standards Agency."
 
 
Agricultural Statistics Act 1979 (c. 13)
     5. In section 3(2) of the Agricultural Statistics Act 1979 (exceptions to restriction on disclosure of information) after paragraph (f) there shall be inserted the following paragraph-
 
 
    "(g) to the Food Standards Agency for purposes connected with the carrying out of any of its functions,".
 
Food and Environment Protection Act 1985 (c. 48)
     6. - (1) The Food and Environment Protection Act 1985 shall be amended as follows.
 
      (2) In section 1(2) (emergency orders: definition of "designating authority") after "Food" there shall be inserted the words "and the Secretary of State or either of them".
 
  This sub-paragraph shall come into force on the passing of this Act.
 
      (3) In section 1(2) as so amended, for the words from "the Minister" to "them" there shall be substituted the words "the Secretary of State".
 
      (4) In section 2 (powers of designating authority when emergency order is made)-
 
 
    (a) in subsection (1)-
 
      (i) after the words "A designating authority" there shall be inserted the words "or the Food Standards Agency"; and
 
      (ii) for the words "the designating authority" there shall be substituted the words "the authority giving the consent";
 
    (b) in subsection (3)-
 
      (i) after the words "A designating authority" there shall be inserted the words "or the Food Standards Agency";
 
      (ii) in paragraph (a), for the words "the designating authority" (in both places) there shall be substituted the words "the authority giving the directions"; and
 
      (iii) in paragraph (b), after the words "the designating authority" there shall be inserted the words "or the Agency (as the case may be)"; and
 
    (c) in subsections (5) and (6)-
 
      (i) after the words "a designating authority" there shall be inserted the words "or the Food Standards Agency";
 
      (ii) for the words "the designating authority" (in the first place it appears) there shall be substituted the words "the authority taking that action"; and
 
      (iii) for the words "the designating authority" (in the second place it appears) there shall be substituted the words "that authority".
      (5) In section 25 (application of Act to Northern Ireland), in subsection (2) for paragraph (a) there shall be substituted the following paragraphs-
 
 
    "(a) in Part I for any reference to the Secretary of State there is substituted a reference to the Department of Health and Social Services for Northern Ireland;
 
    (aa) subject to paragraphs (ab) and (b) below, in Part III for any reference to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland;
 
    (ab) subject to paragraph (b) below, in section 16 for any reference to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland and the Department of Health and Social Services for Northern Ireland acting jointly;".
 
Food Safety Act 1990 (c. 16)
     7. The Food Safety Act 1990 shall be amended as follows.
 
     8. In the following provisions-
 
 
    section 1(2) and (3)
 
    section 2(1)
 
    section 5(4) and (6)
 
    section 6(6)
 
    section 13(1)
 
    section 16(1), (2) and (4)
 
    section 17(1) and (2)
 
    section 18(1)
 
    section 19(1) and (2)
 
    section 27(2) and (5)
 
    section 30(9)
 
    section 31(1)
 
    section 40(1) to (4)
 
    section 41
 
    section 42(1) to (4)
 
    section 45(1) and (2)
 
    section 47
 
    section 48(1), (2) and (4)
 
    section 49(2)
 
    section 53(3)
 
    section 57(1)
 
    section 59(2)
  for the words "the Minister", "the Ministers" or "the Ministers or the Minister" there shall be substituted the words "the Secretary of State".
 
     9. In section 5(1), after paragraph (c) there shall be inserted-
 
 
    "(d) as respects the Isles of Scilly, the council of the Isles of Scilly."
     10. - (1) Section 6 (enforcement) shall be amended as follows.
 
      (2) In subsection (3)-
 
 
    (a) for the word "Ministers" (in the first place it appears) there shall be substituted the words "Secretary of State"; and
 
    (b) for the words "the Ministers or the Minister" there shall be substituted the words "the Secretary of State, the Minister of Agriculture, Fisheries and Food" and after those words there shall be inserted the words "or the Food Standards Agency".
      (3) In subsection (4)-
 
 
    (a) the words "the Ministers" shall be omitted; and
 
    (b) after the word "State," there shall be inserted the words "the Food Standards Agency,".
      (4) In subsection (5) the words from "and, in" to the end shall be omitted and after that subsection there shall be inserted the following subsections-
 
 
    "(5A) The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.
 
      (5B) The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.
 
      (5C) The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them."
 
     11. - (1) Section 13 (emergency control orders) shall be amended as follows.
 
      (2) In subsection (3), for the words "The Minister" there shall be substituted the words "The Secretary of State", after those words there shall be inserted the words "or the Food Standards Agency" and for the word "he" there shall be substituted the words "the authority giving the consent".
 
      (3) In subsection (5), for the words "The Minister" there shall be substituted the words "The Secretary of State", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "him" (in both places) and "he" there shall be substituted the words "the authority giving the directions".
 
      (4) In subsection (7), for the words "the Minister" (in the first place) there shall be substituted the words "the Secretary of State", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "the Minister" (in the second place) and "him" there shall be substituted the words "that authority".
 
     12. In section 17 (enforcement of Community provisions)-
 
 
    (a) in subsection (1), for the word "them" there shall be substituted the word "him"; and
 
    (b) in subsection (2), for the words "their" and "they consider" there shall be substituted respectively the words "his" and "he considers".
     13. In section 18(2) (special provisions for particular foods) for the words "The Ministers" (in the first place), "the Ministers consider" and "the Minister's" there shall be substituted respectively the words "The Secretary of State", "the Secretary of State considers" and "the Secretary of State's".
 
     14. In section 19(2) (registration and licensing of food premises), for the word "them" there shall be substituted the word "him".
 
     15. Section 25 (orders for facilitating the exercise of functions) shall cease to have effect.
 
     16. After section 36 (offences by bodies corporate) there shall be inserted the following section-
 
 
"Offences by Scottish partnerships.     36A. Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly."
 
 
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