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| Consequences of Agency losing certain functions. |
33. - (1) This section applies if-
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(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 |
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(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. |
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(2) Her Majesty may by Order in Council make provision-
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(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; |
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(b) for the transfer of any property, rights and interests of the Agency falling within subsection (3); |
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(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 |
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(d) for the transfer of any liabilities of the Agency falling within subsection (4). |
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(3) Property, rights and interests fall within this subsection if they belong to the Agency and appear to Her Majesty-
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(a) to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or |
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(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. |
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(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.
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(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).
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(6) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.
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| Duty to take account of functions of the Food Safety Promotion Board. |
34. - (1) The Agency must-
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(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 |
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(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. |
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(2) Nothing in this Act affects the functions of the Food Safety Promotion Board.
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| Devolution in Scotland. |
35. For the purposes of-
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(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 |
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(b) section 70(6) of that Act (accounts prepared by cross-border bodies), |
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the Agency shall be treated as a cross-border public authority (within the meaning of that Act).
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Final provisions |
| Interpretation. |
36. - (1) In this Act-
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"Agency" means the Food Standards Agency; |
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"animal" includes any bird or fish; |
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"animal feedingstuff" means feedingstuff for any description of animals, including any nutritional supplement or other similar substance which is not administered through oral feeding; |
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"appropriate authorities" means the Secretary of State, the National Assembly for Wales, the Scottish Ministers and the Department of Health and Social Services for Northern Ireland; |
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"Food Safety Promotion Board" means the body of that name established by the agreement establishing implementation bodies done at Dublin on 8th March 1999 between the Government of the United Kingdom and the Government of Ireland; and |
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"the 1990 Act" means the Food Safety Act 1990. |
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(2) Any reference in this Act to "the appropriate authority", in relation to Wales, Scotland or Northern Ireland, is a reference to the National Assembly for Wales, the Scottish Ministers or the Department of Health and Social Services for Northern Ireland (as the case may be).
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(3) Expressions used in this Act and in the 1990 Act have the same meaning in this Act as in that Act.
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(4) The purposes which may be specified in an order under section 1(3) of the 1990 Act (meaning of the term "premises" to include, for specified purposes, ships or aircraft of a description specified by order) include purposes relating to provisions of this Act.
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| Subordinate legislation. |
37. - (1) Subordinate legislation under section 25, 27, 30, 31, 32 and 33-
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(a) may contain such supplementary, incidental, consequential, transitional or saving provision as the person making it considers necessary or expedient; |
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(b) may make different provision for different purposes. |
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(2) The provision which may be made by virtue of subsection (1) in an order under section 25, 30 or 31 includes provision amending or repealing any enactment or subordinate legislation.
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(3) Any power under this Act to make an order or regulations is exercisable-
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(a) in the case of an order or regulations made by the First Minister and deputy First Minister or a Northern Ireland Department, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and |
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(b) in any other case, by statutory instrument. |
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(4) No order under section 25, 30 or 31 shall be made unless a draft of it has been laid before and approved by resolution of-
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(a) each House of Parliament, if it is made by the Secretary of State or the Minister of Agriculture, Fisheries and Food; |
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(b) the Scottish Parliament, if it is made by the Scottish Ministers; |
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(c) the Northern Ireland Assembly, if it is made by the First Minister and deputy First Minister or by a Northern Ireland Department. |
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(5) A statutory instrument made under section 27 or 41 is subject to annulment in pursuance of a resolution of-
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(a) either House of Parliament, if it is made by the Secretary of State; |
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(b) the Scottish Parliament, if it is made by the Scottish Ministers; |
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and a statutory rule made under that section is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
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(6) No recommendation shall be made to Her Majesty to make an Order in Council under section 32 or 33 unless a draft of the Order has been laid before and approved by resolution of each House of Parliament, the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly.
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