Food Standards Bill

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

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Devolution in Scotland.	35. 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).
	Final provisions
Interpretation.	36. - (1) In this Act-
	"Agency" means the Food Standards Agency;
	"animal" includes any bird or fish;
	"animal feedingstuff" means feedingstuff for any description of animals, including any nutritional supplement or other similar substance which is not administered through oral feeding;
	"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;
	"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
	"the 1990 Act" means the Food Safety Act 1990.
	(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).
	(3) Expressions used in this Act and in the 1990 Act have the same meaning in this Act as in that Act.
	(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.
Subordinate legislation.	37. - (1) Subordinate legislation under section 25, 27, 30, 31, 32 and 33-
	(a) may contain such supplementary, incidental, consequential, transitional or saving provision as the person making it considers necessary or expedient;
	(b) may make different provision for different purposes.
	(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.
	(3) Any power under this Act to make an order or regulations is exercisable-
	(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
	(b) in any other case, by statutory instrument.
	(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-
	(a) each House of Parliament, if it is made by the Secretary of State or the Minister of Agriculture, Fisheries and Food;
	(b) the Scottish Parliament, if it is made by the Scottish Ministers;
	(c) the Northern Ireland Assembly, if it is made by the First Minister and deputy First Minister or by a Northern Ireland Department.
	(5) A statutory instrument made under section 27 or 42 is subject to annulment in pursuance of a resolution of-
	(a) either House of Parliament, if it is made by the Secretary of State;
	(b) the Scottish Parliament, if it is made by the Scottish Ministers;
	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.
	(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.
Application of Act to Crown.	38. - (1) This Act binds the Crown (but does not affect Her Majesty in her private capacity).
	(2) Subsection (1)-
	(a) does not require subordinate legislation made under this Act to bind the Crown; and
	(b) is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (references to Her Majesty in her private capacity) were contained in this Act.
	(3) If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by sections 11 and 14 should not be exercisable in relation to any premises specified in the certificate, being premises held or used by or on behalf of the Crown, those powers shall not be exercisable in relation to those premises.
Financial provisions.	39. - (1) There shall be paid out of money provided by Parliament-
	(a) any expenditure incurred by a Minister of the Crown by virtue of this Act;
	(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
	(2) Any expenditure incurred by the Agency shall be paid out of money provided by Parliament unless it is met from money paid or appropriated under subsection (3) (or from money which the Agency is authorised by virtue of any relevant provision to apply for the purpose).
	(3) Sums may be-
	(a) paid by the National Assembly for Wales;
	(b) paid out of the Scottish Consolidated Fund; or
	(c) appropriated by Act of the Northern Ireland Assembly,
	for the purpose of meeting any of the expenditure of the Agency.
	(4) Any sums received by the Agency, other than-
	(a) money provided by Parliament or paid or appropriated under subsection (3);
	(b) receipts which are, by virtue of provision made by or under any enactment, payable-
	(i) to the National Assembly for Wales;
	(ii) into the Scottish Consolidated Fund; or
	(iii) into the Consolidated Fund of Northern Ireland,
	or which would be so payable but for any relevant provision relating to those receipts; and
	(c) other receipts specified, or of a description specified, in a determination under subsection (5),
	shall be paid into the Consolidated Fund.
	(5) The Treasury, the National Assembly for Wales, the Scottish Ministers and the Department of Finance and Personnel for Northern Ireland acting jointly may determine that any sums received by the Agency which are specified, or of a description specified, in the determination shall (instead of being payable into the Consolidated Fund by virtue of subsection (4)) be payable to the National Assembly for Wales, into the Scottish Consolidated Fund or into the Consolidated Fund of Northern Ireland, subject to any relevant provision relating to such sums.
	(6) A determination under subsection (5) may be revoked or amended by a further determination.
	(7) Schedule 4 (accounts and audit) has effect.
	(8) In this section-
	"enactment" means an enactment contained in an Act, an Act of the Scottish Parliament or in Northern Ireland legislation;
	"relevant provision" means-
	(a) provision made by or under any Act as to the disposal of or accounting for sums payable to the National Assembly for Wales;
	(b) provision made by or under the Scotland Act 1998 or any Act of the Scottish Parliament as to the disposal of or accounting for sums payable into the Scottish Consolidated Fund; and
	(c) provision made by or under the Northern Ireland Act 1998 or any Northern Ireland legislation as to the disposal of or accounting for sums payable into the Consolidated Fund of Northern Ireland.
Minor and consequential amendments and repeals.	40. - (1) Schedule 5 (minor and consequential amendments) has effect.
	(2) Any amendment made by Schedule 5 which extends to Scotland is to be taken as a pre-commencement enactment for the purposes of the Scotland Act 1998.
	(3) The enactments mentioned in Schedule 6 are repealed to the extent specified.
	(4) Her Majesty may by Order in Council direct that any amendment or repeal by this Act of any provision in the 1990 Act shall extend to any of the Channel Islands with such modifications (if any) as may be specified in the Order.

Prepared 26 July 1999