Food Standards Bill - continued        House of Lords
Miscellaneous provisions - continued

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Animal feedingstuffs: Great Britain.     30. - (1) The Ministers may, for the purpose of regulating any animal feedingstuff or anything done to or in relation to, or with a view to the production of, any animal feedingstuff, make an order under this section.
 
      (2) An order under this section is one which applies, or makes provision corresponding to, any provisions of the 1990 Act (including any power to make subordinate legislation or to give directions), with or without modifications.
 
      (3) Such an order may be made by reference to the 1990 Act as it stands immediately before this Act is passed or as it stands following any amendment or repeal made by this Act.
 
      (4) Such an order under this section may make provision with a view to protecting animal health, protecting human health or for any other purpose which appears to the Ministers to be appropriate.
 
      (5) The provision which may be made in an order under this section by virtue of section 37(1)(a) includes provision amending or repealing any enactment or subordinate legislation.
 
      (6) Before making such an order, the Ministers shall-
 
 
    (a) consult such organisations as appear to them to be representative of interests likely to be substantially affected by the order; and
 
    (b) have regard to any advice given by the Agency.
      (7) Any consultation undertaken before the commencement of subsection (6) shall be as effective, for the purposes of that subsection, as if undertaken after that commencement; and any consultation undertaken by the Agency may be treated by the Ministers as being as effective for those purposes as if it had been undertaken by them.
 
      (8) In this section "the Ministers" means-
 
 
    (a) in the case of an order extending to England and Wales, the Secretary of State and the Minister of Agriculture, Fisheries and Food, acting jointly;
 
    (b) in the case of an order extending to Scotland, the Scottish Ministers.
Animal feedingstuffs: Northern Ireland.     31. - (1) The Department of Agriculture for Northern Ireland and the Department of Health and Social Services for Northern Ireland acting jointly shall have the same power to make provision by order for Northern Ireland by reference to the 1991 Order as the Ministers have by virtue of section 30 to make provision by order for England and Wales or Scotland by reference to the 1990 Act.
 
      (2) Subsections (6) and (7) of section 30 apply in relation to an order under this section as they apply to an order under that section.
 
Modification of certain provisions of this Act.     32. - (1) Her Majesty may by Order in Council make such provision as She considers appropriate for modifying-
 
 
    (a) the functions exercisable under this Act by any of the appropriate authorities (including functions exercisable jointly by two or more of them);
 
    (b) the powers under this Act of either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly; or
 
    (c) the constitution of the Agency.
      (2) Without prejudice to the generality of subsection (1), provision made under paragraph (a) or (b) of that subsection may-
 
 
    (a) confer on any one or more of the appropriate authorities functions (including powers to make subordinate legislation ) which relate to anything connected with the Agency or its activities;
 
    (b) confer powers on either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly.
      (3) Where provision is made under subsection (1)(a) or (b), the provision which may be made in the Order by virtue of section 37(1)(a) includes provision modifying functions of, or conferring functions on, the Agency or any other person in connection with any one or more of the appropriate authorities or with any body mentioned in subsection (1)(b).
 
      (4) For the purposes of subsection (1)(c) the reference to the constitution of the Agency is a reference to the subject-matter of sections 2 to 5 and 39(7) (together with Schedules 1, 2 and 4).
 
      (5) The provision which may be made by an Order under this section does not include provision modifying this section or section 33 (except that where provision is made under subsection (1)(c) the Order may make consequential amendments to subsection (4)).
 
      (6) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.
 
Consequences of Agency losing certain functions.     33. - (1) This section applies if-
 
 
    (a) the Scottish Parliament passes an Act providing for any functions of the Agency to be no longer exercisable in or as regards Scotland; or
 
    (b) the Northern Ireland Assembly passes an Act providing for any functions of the Agency to be no longer exercisable in or as regards Northern Ireland.
      (2) Her Majesty may by Order in Council make provision-
 
 
    (a) modifying this or any other Act as She considers necessary or expedient in consequence of the functions concerned being no longer exercisable by the Agency in or as regards Scotland or Northern Ireland;
 
    (b) for the transfer of any property, rights and interests of the Agency falling within subsection (3);
 
    (c) for any person to have such rights or interests in relation to any property, rights or interests falling within subsection (3) as She considers appropriate (whether in connection with a transfer or otherwise); or
 
    (d) for the transfer of any liabilities of the Agency falling within subsection (4).
      (3) Property, rights and interests fall within this subsection if they belong to the Agency and appear to Her Majesty-
 
 
    (a) to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or
 
    (b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned.
      (4) Liabilities of the Agency fall within this subsection if they appear to Her Majesty to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned.
 
      (5) An Order under this section may make provision for the delegation of powers to determine anything required to be determined for the purposes of provision made under subsection (2)(b), (c) or (d).
 
      (6) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.
 
Duty to take account of functions of the Food Safety Promotion Board.     34. - (1) The Agency must-
 
 
    (a) take account of the activities of the Food Safety Promotion Board in determining what action to take for the purpose of carrying out its functions; and
 
    (b) consult that Board from time to time with a view to ensuring so far as is practicable that the activities of the Agency do not unnecessarily duplicate the activities of the Board.
      (2) Nothing in this Act affects the functions of the Food Safety Promotion Board.
 
Devolution in Scotland and Northern Ireland.     35. - (1) For the purposes of-
 
 
    (a) section 23(2)(b) of the Scotland Act 1998 (power of Scottish Parliament to require persons outside Scotland to attend to give evidence or produce documents); and
 
    (b) section 70(6) of that Act (accounts prepared by cross-border bodies),
  the Agency shall be treated as a cross-border public authority (within the meaning of that Act).
 
      (2) It is not outside the legislative competence of the Scottish Parliament, by virtue of the reservation of matters relating to the constitution mentioned in paragraph 1 of Schedule 5 to that Act, to remove, alter or confer relevant functions of the Agency which are exercisable in or as regards Scotland.
 
      (3) Nothing in subsection (2) affects any legislative competence of the Scottish Parliament apart from this section.
 
      (4) Relevant functions of the Agency in relation to Northern Ireland shall be regarded as functions of a Minister of the Crown for the purposes of paragraph 1(a) of Schedule 2 to the Northern Ireland Act 1998 (excepted matters).
 
      (5) In this section "relevant functions of the Agency" means functions relating to, or to matters connected with-
 
 
    (a) food safety or other interests of consumers in relation to food; or
 
    (b) the safety of animal feedingstuffs or other interests of users of animal feedingstuffs.
 
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Prepared 29 October 1999