Food Standards Bill - continued        House of Lords
Monitoring of enforcement action - continued

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Offences relating to sections 13 and 14.     16. - (1) A person who-
    (a) intentionally obstructs a person exercising powers under section 14(4)(a), (b) or (c);
    (b) fails without reasonable excuse to comply with any requirement imposed under section 13(1) or section 14(4)(d); or
    (c) in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular;
  is guilty of an offence.
      (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Other functions of the Agency
Delegation of powers to make emergency orders.     17. - (1) Arrangements may be made between the Secretary of State and the Agency authorising the Agency to exercise on behalf of the Secretary of State the power to make orders under-
    (a) section 1(1) of the Food and Environment Protection Act 1985 (emergency orders); and
    (b) section 13(1) of the 1990 Act (emergency control orders).
      (2) The authority given by any such arrangements is subject to any limitations and conditions provided for in the arrangements.
      (3) Where by virtue of any such arrangements the Agency is authorised to exercise a power, anything done or omitted to be done by the Agency in the exercise or purported exercise of the power shall be treated as done or omitted by the Secretary of State.
      (4) Nothing in any such arrangements prevents the Secretary of State exercising any power.
      (5) This section applies with the necessary modifications to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales, the Scottish Ministers or a Northern Ireland Department as it applies to a power exercisable by the Secretary of State.
Functions under other Acts.     18. - (1) Schedule 3 (which contains provisions conferring functions under certain enactments on the Agency) has effect.
      (2) Any amendment made by Schedule 3 which extends to Scotland is to be taken as a pre-commencement enactment for the purposes of the Scotland Act 1998.
Publication etc. by the Agency of advice and information.     19. - (1) The Agency may, subject to the following provisions of this section, publish in such manner as it thinks fit-
    (a) any advice given under section 6, 7 or 9 (including advice given in pursuance of a request under section 6(2));
    (b) any information obtained through observations under section 10 or monitoring under section 12; and
    (c) any other information in its possession (whatever its source).
      (2) That power may not be exercised if the publication by the Agency of the advice or information in question-
    (a) is prohibited by an enactment;
    (b) is incompatible with any Community obligation; or
    (c) would constitute or be punishable as a contempt of court.
      (3) Before deciding to exercise that power, the Agency must consider whether the public interest in the publication of the advice or information in question is outweighed by any considerations of confidentiality attaching to it.
      (4) Where the advice or information relates to the performance of enforcement authorities, or particular enforcement authorities, in enforcing relevant legislation, subsection (3) applies only so far as the advice or information relates to a person other than-
    (a) an enforcement authority, or
    (b) a member, officer or employee of an enforcement authority acting in his capacity as such.
      (5) Expressions used in subsection (4) and defined in section 15 have the same meaning as in that section.
      (6) Except as mentioned in subsections (2) and (3), the power under subsection (1) is exercisable free from any prohibition on publication that would apply apart from this section.
      (7) In this section "enactment" means an enactment contained in-
    (a) an Act;
    (b) an Act of the Scottish Parliament;
    (c) Northern Ireland legislation; or
    (d) subordinate legislation,
  whenever passed or made.
      (8) For the purposes of subsection (7) the definition of "subordinate legislation" in section 21(1) of the Interpretation Act 1978 has effect as if the reference to "any Act" included any Northern Ireland legislation and any Act of the Scottish Parliament.
      (9) The Agency may also disclose to another public authority any advice or information mentioned in subsection (1); and the other provisions of this section apply in relation to disclosure under this subsection as they apply in relation to publication under that subsection.
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Prepared 26 July 1999