Food Standards Bill - continued        House of Lords
SCHEDULE 5, MINOR AND CONSEQUENTIAL AMENDMENTS - continued
Food Safety Act 1990 (c. 16) - continued

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     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."
 
     17. - (1) Section 40 (codes of practice for food authorities) shall be amended as follows.
 
      (2) After subsection (1) there shall be inserted the following subsection-
 
 
    "(1A) The Food Standards Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code under this section."
 
      (3) In subsection (2)(b) for the words from "by" to "and" there shall be substituted the words "under this section and".
 
      (4) In subsection (3), for the words "subsection (2)(b)" and "the Ministers or the Minister" (or if the amendment in paragraph 8 has been made, the words "the Secretary of State") there shall be substituted respectively the words "subsection (1A)" and "the Food Standards Agency".
 
      (5) After subsection (3) there shall be inserted-
 
 
    "(3A) The Food Standards Agency shall consult the Secretary of State before making an application under subsection (3) above."
 
      (6) In subsection (4), the words after "shall" shall be renumbered as paragraph (a) and at the end there shall be added the words"; and
 
 
    (b) have regard to any relevant advice given by the Food Standards Agency".
      (7) After subsection (4) there shall be inserted the following subsection-
 
 
    "(4A) If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him."
 
     18. In section 41 (power to require returns and other information from food authorities)-
 
 
    (a) before the words "such reports" there shall be inserted the words "or to the Food Standards Agency"; and
 
    (b) after the words "him" and "he" there shall be inserted the words "or it".
     19. In section 42 (default powers), in subsection (1), after the words "another food authority" there shall be inserted the words "or the Food Standards Agency".
 
     20. In section 45(1) (power to impose charges for things done by Ministers under the 1990 Act), after the word "done" there shall be inserted the words "or to be done".
 
     21. In section 48 (regulations and orders), after subsection (4) there shall be inserted the following subsections-
 
 
    "(4A) Before making any regulations or order under this Act, the Secretary of State shall have regard to any relevant advice given by the Food Standards Agency.
 
      (4B) If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him."
 
     22. - (1) Section 57(1) (application of Act to Isles of Scilly subject to modifications) shall cease to have effect.
 
      (2) The repeal of section 57(1) does not affect Article 20(2) of the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 (amendments of the Isles of Scilly (Functions) Order 1979).
 
     23. After paragraph 6 of Schedule 1 (provisions which may be included in regulations under section 16) there shall be inserted the following paragraph-
 
 

"Production of food sources
  6A. Provision for prohibiting or regulating-
 
 
    (a) the possession, sale or offer, exposure or advertisement for sale of any specified substance, or any substance of any specified class, with a view to its use in connection with the production of any food source;
 
    (b) the use of any specified substance, or any substance of any specified class, in connection with the production of any food source;
 
    (c) the carrying out of any other activity in connection with, or in a manner likely to affect, the production of any food source."
     24. In paragraph 7(2) of Schedule 1 (provisions which may be included in regulations relating to food safety or consumer protection), after the word "falls" there shall be inserted the words "(or is likely to fall)".
 
     25. - (1) Paragraph 7 of Schedule 4 (saving from repeal of section 15 of the Food Act 1984 for certain existing byelaws) shall cease to have effect.
 
      (2) Accordingly, any byelaws which were made (or which have effect as if made) under that section 15 and which have continued in force by virtue of that paragraph are revoked.
 
 
Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))
     26. The Food Safety (Northern Ireland) Order 1991 shall be amended as follows.
 
     27. In the following provisions-
 
 
    Article 8(8)
 
    Article 11(10)
 
    Article 12(1)
 
    Article 15(1)(f) and (4)
 
    Article 16(1) and (2)
 
    Article 17(2)(a)
 
    Article 18(2)
 
    Article 39(1), (2), (3) and (4)
 
    Article 41(1), (2) and (3)
 
    Article 44(2)
 
    Article 47(1), (2) and (3)
 
    Article 51(2),
  for the words "the Department concerned" or "that Department" there shall be substituted the words "the Department".
 
     28. In the following provisions-
 
 
    Article 8(7) and (9)(b)
 
    Article 10(5) to (7)
 
    Article 11(5) to (10)
 
    Article 18(1)
 
    Article 22
 
    Article 33(1)(b)
 
    Article 37(1)
 
    Article 42(2)(b)
 
    Article 44(1) and (3)
 
    Article 45
 
    Article 49(2)
 
    Schedule 1,
  after the words "or, as the case may be," there shall be inserted the words "the Food Standards Agency or".
 
     29. In Article 2(2) (interpretation)-
 
 
    (a) in the definition of "authorised officer"-
 
      (i) after paragraph (b) there shall be inserted the following paragraph-
 
    "(bb) in the case of functions conferred on the Food Standards Agency, a person who is generally or is specially authorised in writing by the Food Standards Agency for the purposes of this Order;"; and
 
      (ii) in paragraph (c), for the words "the Department concerned" in both places where they occur there shall be substituted the words "the Department, the Department of Agriculture or the Food Standards Agency";
 
    (b) in the definitions of "order" and "regulations" for the words "the Department concerned" there shall be substituted the words "the Department".
     30. - (1) Article 12 (emergency control orders) shall be amended as follows.
 
      (2) In paragraph (3), for the words "The Department concerned" there shall be substituted the words "The Department", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "that Department" there shall be substituted the words "the authority giving the consent".
 
      (3) In paragraph (5), for the words "The Department concerned" there shall be substituted the words "The Department", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "that Department" in each place where they occur there shall be substituted the words "the authority giving the directions".
 
      (4) In paragraph (7), for the words "The Department concerned" there shall be substituted the words "The Department", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "that Department" in both places where they occur there shall be substituted the words "that authority".
 
     31. Article 24 (orders for facilitating the exercise of functions) shall cease to have effect.
 
     32. In Article 25 (regulations and orders: supplementary provisions), in paragraph (2)(e), after the words "district council" there shall be inserted the words ", the Food Standards Agency".
 
     33. - (1) Article 26 (enforcement) shall be amended as follows.
 
      (2) In paragraph (1), for the words "paragraph (1A)" there shall be substituted the words "paragraphs (1A) and (1B)".
 
      (3) After paragraph (1A) there shall be inserted the following paragraph-
 
 
    "(1B) The Food Standards Agency shall enforce and execute such provisions of this Order as may be specified by order.".
 
      (4) In paragraph (2)-
 
 
    (a) for the words "Department concerned" there shall be substituted the word "Department"; and
 
    (b) for the words "that Department" in both places where they occur there shall be substituted the words "the Department, the Department of Agriculture or the Food Standards Agency".
      (5) After paragraph (3) there shall be inserted the following paragraph-
 
 
    "(3A) Regulations or orders under paragraph (3) may specify the Food Standards Agency as an authority to enforce and execute them and references in that paragraph to any authority concerned include references to the Food Standards Agency.".
 
      (6) In paragraph (4)-
 
 
    (a) for the words "Department concerned" there shall be substituted the word "Department" and
 
    (b) after the words "district council" there shall be inserted the words "or may direct the Food Standards Agency to do so".
      (7) After paragraph (4) there shall be inserted the following paragraph-
 
 
    "(4A) The Food Standards Agency may take over the conduct of any such proceedings but (unless the Agency has been directed to do so under paragraph (4)) only with the consent of the district council which instituted them.".
 
     34. In Article 27 (appointment of public and other analysts), paragraph (6)(a) shall cease to have effect.
 
     35. - (1) Article 31 (analysis, etc. of samples by authorised officer of the Department of Agriculture) shall be amended as follows.
 
      (2) After paragraph (1) there shall be inserted the following paragraph-
 
 
    "(1A) An authorised officer of the Food Standards Agency who has procured a sample under Article 29 may-
 
 
    (a) if he considers that the sample should be analysed by a public analyst or a food analyst, submit it to be so analysed;
 
    (b) if he considers that the sample should be examined by a food examiner, submit it to be so examined,
  and for the purposes of this paragraph references in Article 27(1) and (6) to functions conferred on district councils or to the functions of the Department of Agriculture include references to functions of the Food Standards Agency.".
 
      (3) In paragraph (2), after the words "paragraph (1)" (in the first place they occur) there shall be inserted the words "or (1A)".
 
      (4) In paragraph (3)-
 
 
    (a) in the definition of "the requisite qualifications", for the words "Department of Agriculture" there shall be substituted the word "Department"; and
 
    (b) in the definition of "sample", after the words "Department of Agriculture" there shall be inserted the words "or the Food Standards Agency".
 
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