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

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Transfer of property, rights and liabilities to the Agency.     41. - (1) The Secretary of State may make one or more schemes for the transfer to the Agency of such property, rights and liabilities of a Minister of the Crown (in this section referred to as "the transferor") as appear to him appropriate having regard to the functions conferred on the Agency by provision made by or under this Act, the 1990 Act or the 1991 Order.
 
      (2) The power conferred by subsection (1) may also be exercised by the National Assembly for Wales, the Scottish Ministers or a Northern Ireland Department in relation to their property, rights and liabilities.
 
      (3) A transfer scheme-
 
 
    (a) may provide for the transfer of property, rights and liabilities that would not otherwise be capable of being transferred or assigned;
 
    (b) may define property, rights and liabilities by specifying or describing them or by referring to all of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor (or partly in one way and partly in the other);
 
    (c) may provide for the creation-
 
      (i) in favour of the transferor, or of the Agency, of interests in, or rights over, property to be transferred or, as the case may be, retained by the transferor; or
 
      (ii) of new rights and liabilities as between the Agency and the transferor;
 
    (d) may require the transferor or the Agency to take any steps necessary to secure that the transfer of any foreign property, rights or liabilities is effective under the relevant foreign law; and
 
    (e) may make such incidental, supplemental and consequential provision as the authority making it considers appropriate.
      (4) On the date appointed by a transfer scheme the property, rights and liabilities which are the subject of the scheme shall, by virtue of this subsection, become property, rights and liabilities of the Agency (and any other provisions of the scheme shall take effect).
 
      (5) The authority making a transfer scheme may, at any time before the date so appointed, modify the scheme.
 
Power to make transitional provision etc.     42. - (1) The Secretary of State may by regulations make such transitional and consequential provisions and such savings as he considers necessary or expedient in preparation for, or in connection with, or in consequence of-
 
 
    (a) the coming into force of any provision of this Act; or
 
    (b) the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
      (2) Such regulations may make modifications of any enactment (including an enactment contained in this Act).
 
      (3) The power to make regulations under this section is also exercisable-
 
 
    (a) by the Scottish Ministers, in relation to provision that would be within the legislative competence of the Scottish Parliament to make;
 
    (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).
Short title, commencement and extent.     43. - (1) This Act may be cited as the Food Standards Act 1999.
 
      (2) This Act (apart from this section and paragraph 6(2) and (5) of Schedule 5) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
 
      (3) The provisions of this Act shall be treated for the purposes of section 58 of the 1990 Act (territorial waters and the continental shelf) as if they were contained in that Act.
 
      (4) 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.
      (5) This Act extends to Scotland and Northern Ireland.
 
 
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Prepared 29 October 1999