House of Lords Amendments - Food Standards Bill

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Session 1998-99
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Amendments to the Food Standards Bill

Food Standards Bill -
Amendments to be debated in the House of Lords
Here you can browse the Amendments to the Food Standards Bill to be moved in Grand Committee in the House of Lords.

Clause 10

BY THE BARONESS HAYMAN

     Page 4, line 32, after ("activities") insert--

    ("(ba)  premises, businesses or operations involved in fish farming;")

     Page 4, line 43, at end insert ("and

    fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc).")

Clause 11

BY THE BARONESS HAYMAN

     Page 5, line 13, at end insert--

    ("(ba)  take samples from any food source found on any premises;")

Clause 14

BY THE BARONESS HAYMAN

     Page 8, line 2, leave out from ("1991") to ("a") in line 3 and insert ("(in this Act referred to as "the 1991 Order") or orders or regulations made under it is (by virtue of Article 26(1A), (1B), (2), (3) or (3A) of that Order)")

Clause 15

BY THE BARONESS HAYMAN

     Page 8, line 11, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")

     Page 8, line 23, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")

Clause 17

BY THE BARONESS HAYMAN

     Page 9, line 18, leave out from ("modifications") to ("as") in line 21 and insert ("--
(a) to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales or the Scottish Ministers, and

(b) to the power of a Northern Ireland Department to make orders under section 1(1) of the Food and Environment Protection Act 1985 or Article 12(1) of the 1991 Order,
as")

Clause 19

BY THE BARONESS HAYMAN

     Page 10, line 13, leave out subsections (7) and (8) and insert--

    ("(  )  In this section "enactment" means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.")

Clause 24

BY THE BARONESS HAYMAN

     Page 12, line 36, leave out paragraph (b) and insert--

    ("(b)  by the Scottish Ministers (in so far as it is exercisable by them within devolved competence or by virtue of an Order in Council made under section 63 of the Scotland Act 1998);")

Clause 26

BY THE BARONESS HAYMAN

     Page 14, line 31, leave out subsection (2) and insert--

    ("(2)  The functions of the Department of Agriculture for Northern Ireland under--
(a)  Part I of the Food and Environment Protection Act 1985; and

(b)  Part II of the 1991 Order (except Articles 8(7), 10(5) to (7), 11(5) to (10), 18(1), 22 and 25(2)(e) and Schedule 1),
shall cease to be exercisable by that Department.

    (3)  Subsections (1) and (2) do not affect enforcement functions under directions or subordinate legislation under the enactments mentioned in those subsections (or any power under those enactments to confer such functions in directions or subordinate legislation).")

Clause 29

BY THE BARONESS HAYMAN

     Page 16, line 35, at end insert--

    ("(4)  This section applies to the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland as it applies to the Minister of Agriculture, Fisheries and Food.")

Clause 30

BY THE BARONESS HAYMAN

     Page 17, line 3, at end insert--

    ("(4A)  The provision which may be made in an order under this section by virtue of section 37(1)(a) includes provision amending or repealing any enactment or subordinate legislation.")

Clause 31

BY THE BARONESS HAYMAN

     Page 17, leave out lines 20 to 22 and insert ("shall have the same power to make provision by order for Northern Ireland by reference to the 1991 Order as the Ministers have by virtue of section 30 to make provision by order for England and Wales or Scotland by reference to the 1990 Act.")

Clause 32

BY THE BARONESS HAYMAN

     Page 17, line 25, leave out subsections (1) to (3) and insert--

    ("(1)  Her Majesty may by Order in Council make such provision as She considers appropriate for modifying--
(a)  the functions exercisable under this Act by any of the appropriate authorities (including functions exercisable jointly by two or more of them);

(b)  the powers under this Act of either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly;

(c)  the constitution of the Agency.
    (2)  Without prejudice to the generality of subsection (1), provision made under paragraph (a) or (b) of that subsection may--
(a)  confer on any one or more of the appropriate authorities functions (including powers to make subordinate legislation) which relate to anything connected with the Agency or its activities;

(b)  confer powers on either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly.
    (3)  Where provision is made under subsection (1)(a) or (b), the provision which may be made in the Order by virtue of section 37(1)(a) includes provision modifying functions of, or conferring functions on, the Agency or any other person in connection with any one or more of the appropriate authorities or with any body mentioned in subsection (1)(b).

    (3A)  For the purposes of subsection (1)(c) the reference to the constitution of the Agency is a reference to the subject-matter of sections 2 to 5 and 39(7) (together with Schedules 1, 2 and 4).

    (3B)  The provision which may be made by an Order under this section does not include provision modifying this section or section 33 (except that where provision is made under subsection (1)(c) the Order may make consequential amendments to subsection (3A)).")

Clause 35

BY THE BARONESS HAYMAN

     Page 19, line 9, at end insert--

    ("(2)  It is not outside the legislative competence of the Scottish Parliament, by virtue of the reservation of matters relating to the constitution mentioned in paragraph 1 of Schedule 5 to that Act, to remove, alter or confer relevant functions of the Agency which are exercisable in or as regards Scotland.

    (3)  Nothing in subsection (2) affects any legislative competence of the Scottish Parliament apart from this section.

    (4)  Relevant functions of the Agency in relation to Northern Ireland shall be regarded as functions of a Minister of the Crown for the purposes of paragraph 1(a) of Schedule 2 to the Northern Ireland Act 1998 (excepted matters).

    (5)  In this section "relevant functions of the Agency" means functions relating to, or to matters connected with--
(a)  food safety or other interests of consumers in relation to food; or

(b)  the safety of animal feedingstuffs or other interests of users of animal feedingstuffs.")

Clause 36

BY THE BARONESS HAYMAN

     Page 19, line 13, leave out line 13

     Page 19, line 24, at end insert ("; and
the 1991 Order" means the Food Safety (Northern Ireland) Order 1991.")

     Page 19, line 29, leave out subsection (3) and insert--

    ("(3)  Expressions used--
(a)  as regards England and Wales and Scotland, in this Act and in the 1990 Act, or

(b)  as regards Northern Ireland, in this Act and the 1991 Order,
have, unless the context otherwise requires, the same meaning in this Act as in that Act or that Order (except that in this Act "animal" includes any bird or fish.)")

     Page 19, line 33, after ("order)") insert (", or under the corresponding provision of Article 2(2) of the 1991 Order,")

Clause 37

BY THE BARONESS HAYMAN

     Page 19, line 40, leave out subsection (2)

Clause 39

BY THE BARONESS HAYMAN

     Page 20, line 45, leave out ("enactment") and insert ("Act")

     Page 21, line 44, leave out ("the Northern Ireland Act 1998") and insert ("any Act")

Clause 40

BY THE BARONESS HAYMAN

     Page 22, line 4, at end insert--

    ("(2A)  The National Assembly for Wales (Transfer of Functions) Order 1999 shall have effect, in relation to any Act mentioned in Schedule 1 to the Order, as if any provision of this Act amending that Act was in force immediately before the Order came into force.")

Clause 41

BY THE BARONESS HAYMAN

     Page 22, line 15, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order").

Clause 42

BY THE BARONESS HAYMAN

     Page 23, line 11, leave out paragraph (b) and insert--

    ("(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).")

Clause 43

BY THE BARONESS HAYMAN

     Page 23, line 14, after ("section") insert ("and paragraph 4(2) of Schedule 5")

     Page 23, line 19, at end insert--

    ("(3A) 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.")

Schedule 3

BY THE BARONESS HAYMAN

     Page 28, line 10, at end insert--

("Part IA

Functions under the 1991 Order

    7A.  This Part has effect for conferring functions under the 1991 Order on the Agency (and references to Articles are to Articles of the 1991 Order).

Article 12 (emergency control orders)

    7B.  The Agency may grant consent under paragraph (3), and give directions under paragraph (5), of Article 12.

Article 26 (enforcement)

    7C.  The Agency--

(a)  may be directed to discharge duties of district councils under Article 26(2);

(b)  may be specified as an authority to enforce and execute regulations or orders in pursuance of Article 26(3); and

(c)  may take over the conduct of proceedings mentioned in Article 26(4) either when directed to do so by the Department of Health and Social Services for Northern Ireland or with the consent of the district council which instituted them.

Article 39 (codes of practice)

    7D.--(1)  The Agency may, after consulting the Department of Health and Social Services for Northern Ireland--

(a)  give directions to district councils under Article 39(2)(b) as to steps to be taken in order to comply with codes of practice under Article 39; and

(b)  enforce any such directions.

    (2)  The Agency may undertake consultation with representative organisations regarding proposals for codes of practice under Article 39.

Article 40 (information from district councils)

    7E.  The Agency may exercise the power to require returns or other information from district councils under Article 40.

Article 41 (default powers)

    7F.  The Agency may be empowered by an order under Article 41 to discharge any duty of a district council.

Article 47 (regulations and orders)

    7G.  The Agency may undertake consultation with representative organisations required by Article 47 regarding proposals for regulations or orders under the 1991 Order.")

     Page 28, line 38, leave out ("The Ministers--") and insert ("A licensing authority--")

     Page 28, line 39, leave out ("they contemplate") and insert ("the authority contemplates")

     Page 28, line 42, leave out ("them") and insert ("the authority")

     Page 30, line 23, at end insert--

("Genetically Modified Organisms (Northern Ireland) Order 1991 (S.I. 1991/1714 (N.I. 19))

    11A.  In Article 5(7) and Article 8(7) of the Genetically Modified Organisms (Northern Ireland) Order 1991 (grant of exemptions) after the word "Department" there shall be inserted the words ", or by the Department and the Food Standards Agency acting jointly,".

    11B.--(1)  For Article 22 of that Order (exercise of certain functions relating to genetically modified organisms jointly by the Department of the Environment and the Department of Agriculture) there shall be substituted the following Article--

        "Mode of exercise of certain functions

    22.--(1)  Any power of the Department to make regulations under this Order (other than the power conferred by Article 10) is exercisable, where the regulations to be made relate to any matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly.

    (2)  Any function of the Department under this Order (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly (but subject to paragraph (3)).

    (3)  Any function of the Department under Articles 5(8) and 7 is exercisable, where the function is to be exercised in relation to a matter with which the Food Standards Agency is concerned--

(a)  if it is a matter with which the Department of Agriculture is also concerned, by the Department, the Department of Agriculture and the Food Standards Agency acting jointly;

(b)  otherwise, by the Department and the Food Standards Agency acting jointly.

    (4)  Accordingly, references in this Order to the Department shall, where paragraph (1), (2) or (3) applies, be treated as references to the authorities in question acting jointly.

    (5)  The Food Standards Agency shall be consulted before--

(a)  any regulations are made under this Order, other than under Article 10, or

(b)  any consent is granted or varied.

    (6)  The reference in Article 10 to expenditure of the Department in discharging functions under this Order in relation to consents shall be taken to include a reference to the corresponding expenditure of the Department of Agriculture in discharging those functions jointly with the Department.

    (7)  The validity of anything purporting to be done in pursuance of the exercise of a function of the Department under this Order shall not be affected by any question whether that thing fell, by virtue of this Article, to be done jointly with the Department of Agriculture or the Food Standards Agency (or both)."
    (2)  In consequence of sub-paragraph (1), in the definition of "the Department" in Article 2(2) of that Order, after the word "means" there shall be inserted the words "(subject to Article 22)".")

© Parliamentary copyright 1999
Prepared 1 October 1999

	Clause 10
	BY THE BARONESS HAYMAN
	Page 4, line 32, after ("activities") insert-- ("(ba) premises, businesses or operations involved in fish farming;")
	Page 4, line 43, at end insert ("and fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc).")
	Clause 11
	BY THE BARONESS HAYMAN
	Page 5, line 13, at end insert-- ("(ba) take samples from any food source found on any premises;")
	Clause 14
	BY THE BARONESS HAYMAN
	Page 8, line 2, leave out from ("1991") to ("a") in line 3 and insert ("(in this Act referred to as "the 1991 Order") or orders or regulations made under it is (by virtue of Article 26(1A), (1B), (2), (3) or (3A) of that Order)")
	Clause 15
	BY THE BARONESS HAYMAN
	Page 8, line 11, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")
	Page 8, line 23, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")
	Clause 17
	BY THE BARONESS HAYMAN
	Page 9, line 18, leave out from ("modifications") to ("as") in line 21 and insert ("-- (a) to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales or the Scottish Ministers, and (b) to the power of a Northern Ireland Department to make orders under section 1(1) of the Food and Environment Protection Act 1985 or Article 12(1) of the 1991 Order, as")
	Clause 19
	BY THE BARONESS HAYMAN
	Page 10, line 13, leave out subsections (7) and (8) and insert-- ("( ) In this section "enactment" means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.")
	Clause 24
	BY THE BARONESS HAYMAN
	Page 12, line 36, leave out paragraph (b) and insert-- ("(b) by the Scottish Ministers (in so far as it is exercisable by them within devolved competence or by virtue of an Order in Council made under section 63 of the Scotland Act 1998);")
	Clause 26
	BY THE BARONESS HAYMAN
	Page 14, line 31, leave out subsection (2) and insert-- ("(2) The functions of the Department of Agriculture for Northern Ireland under-- (a) Part I of the Food and Environment Protection Act 1985; and (b) Part II of the 1991 Order (except Articles 8(7), 10(5) to (7), 11(5) to (10), 18(1), 22 and 25(2)(e) and Schedule 1), shall cease to be exercisable by that Department. (3) Subsections (1) and (2) do not affect enforcement functions under directions or subordinate legislation under the enactments mentioned in those subsections (or any power under those enactments to confer such functions in directions or subordinate legislation).")
	Clause 29
	BY THE BARONESS HAYMAN
	Page 16, line 35, at end insert-- ("(4) This section applies to the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland as it applies to the Minister of Agriculture, Fisheries and Food.")
	Clause 30
	BY THE BARONESS HAYMAN
	Page 17, line 3, at end insert-- ("(4A) The provision which may be made in an order under this section by virtue of section 37(1)(a) includes provision amending or repealing any enactment or subordinate legislation.")
	Clause 31
	BY THE BARONESS HAYMAN
	Page 17, leave out lines 20 to 22 and insert ("shall have the same power to make provision by order for Northern Ireland by reference to the 1991 Order as the Ministers have by virtue of section 30 to make provision by order for England and Wales or Scotland by reference to the 1990 Act.")
	Clause 32
	BY THE BARONESS HAYMAN
	Page 17, line 25, leave out subsections (1) to (3) and insert-- ("(1) Her Majesty may by Order in Council make such provision as She considers appropriate for modifying-- (a) the functions exercisable under this Act by any of the appropriate authorities (including functions exercisable jointly by two or more of them); (b) the powers under this Act of either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly; (c) the constitution of the Agency. (2) Without prejudice to the generality of subsection (1), provision made under paragraph (a) or (b) of that subsection may-- (a) confer on any one or more of the appropriate authorities functions (including powers to make subordinate legislation) which relate to anything connected with the Agency or its activities; (b) confer powers on either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly. (3) Where provision is made under subsection (1)(a) or (b), the provision which may be made in the Order by virtue of section 37(1)(a) includes provision modifying functions of, or conferring functions on, the Agency or any other person in connection with any one or more of the appropriate authorities or with any body mentioned in subsection (1)(b). (3A) For the purposes of subsection (1)(c) the reference to the constitution of the Agency is a reference to the subject-matter of sections 2 to 5 and 39(7) (together with Schedules 1, 2 and 4). (3B) The provision which may be made by an Order under this section does not include provision modifying this section or section 33 (except that where provision is made under subsection (1)(c) the Order may make consequential amendments to subsection (3A)).")
	Clause 35
	BY THE BARONESS HAYMAN
	Page 19, line 9, at end insert-- ("(2) It is not outside the legislative competence of the Scottish Parliament, by virtue of the reservation of matters relating to the constitution mentioned in paragraph 1 of Schedule 5 to that Act, to remove, alter or confer relevant functions of the Agency which are exercisable in or as regards Scotland. (3) Nothing in subsection (2) affects any legislative competence of the Scottish Parliament apart from this section. (4) Relevant functions of the Agency in relation to Northern Ireland shall be regarded as functions of a Minister of the Crown for the purposes of paragraph 1(a) of Schedule 2 to the Northern Ireland Act 1998 (excepted matters). (5) In this section "relevant functions of the Agency" means functions relating to, or to matters connected with-- (a) food safety or other interests of consumers in relation to food; or (b) the safety of animal feedingstuffs or other interests of users of animal feedingstuffs.")
	Clause 36
	BY THE BARONESS HAYMAN
	Page 19, line 13, leave out line 13
	Page 19, line 24, at end insert ("; and the 1991 Order" means the Food Safety (Northern Ireland) Order 1991.")
	Page 19, line 29, leave out subsection (3) and insert-- ("(3) Expressions used-- (a) as regards England and Wales and Scotland, in this Act and in the 1990 Act, or (b) as regards Northern Ireland, in this Act and the 1991 Order, have, unless the context otherwise requires, the same meaning in this Act as in that Act or that Order (except that in this Act "animal" includes any bird or fish.)")
	Page 19, line 33, after ("order)") insert (", or under the corresponding provision of Article 2(2) of the 1991 Order,")
	Clause 37
	BY THE BARONESS HAYMAN
	Page 19, line 40, leave out subsection (2)
	Clause 39
	BY THE BARONESS HAYMAN
	Page 20, line 45, leave out ("enactment") and insert ("Act")
	Page 21, line 44, leave out ("the Northern Ireland Act 1998") and insert ("any Act")
	Clause 40
	BY THE BARONESS HAYMAN
	Page 22, line 4, at end insert-- ("(2A) The National Assembly for Wales (Transfer of Functions) Order 1999 shall have effect, in relation to any Act mentioned in Schedule 1 to the Order, as if any provision of this Act amending that Act was in force immediately before the Order came into force.")
	Clause 41
	BY THE BARONESS HAYMAN
	Page 22, line 15, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order").
	Clause 42
	BY THE BARONESS HAYMAN
	Page 23, line 11, leave out paragraph (b) and insert-- ("(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).")
	Clause 43
	BY THE BARONESS HAYMAN
	Page 23, line 14, after ("section") insert ("and paragraph 4(2) of Schedule 5")
	Page 23, line 19, at end insert-- ("(3A) 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.")
	Schedule 3
	BY THE BARONESS HAYMAN
	Page 28, line 10, at end insert--
	("Part IA
	Functions under the 1991 Order
	7A. This Part has effect for conferring functions under the 1991 Order on the Agency (and references to Articles are to Articles of the 1991 Order).
	Article 12 (emergency control orders)
	7B. The Agency may grant consent under paragraph (3), and give directions under paragraph (5), of Article 12.
	Article 26 (enforcement)
	7C. The Agency-- (a) may be directed to discharge duties of district councils under Article 26(2); (b) may be specified as an authority to enforce and execute regulations or orders in pursuance of Article 26(3); and (c) may take over the conduct of proceedings mentioned in Article 26(4) either when directed to do so by the Department of Health and Social Services for Northern Ireland or with the consent of the district council which instituted them.
	Article 39 (codes of practice)
	7D.--(1) The Agency may, after consulting the Department of Health and Social Services for Northern Ireland-- (a) give directions to district councils under Article 39(2)(b) as to steps to be taken in order to comply with codes of practice under Article 39; and (b) enforce any such directions. (2) The Agency may undertake consultation with representative organisations regarding proposals for codes of practice under Article 39.
	Article 40 (information from district councils)
	7E. The Agency may exercise the power to require returns or other information from district councils under Article 40.
	Article 41 (default powers)
	7F. The Agency may be empowered by an order under Article 41 to discharge any duty of a district council.
	Article 47 (regulations and orders)
	7G. The Agency may undertake consultation with representative organisations required by Article 47 regarding proposals for regulations or orders under the 1991 Order.")
	Page 28, line 38, leave out ("The Ministers--") and insert ("A licensing authority--")
	Page 28, line 39, leave out ("they contemplate") and insert ("the authority contemplates")
	Page 28, line 42, leave out ("them") and insert ("the authority")
	Page 30, line 23, at end insert--
	("Genetically Modified Organisms (Northern Ireland) Order 1991 (S.I. 1991/1714 (N.I. 19))
	11A. In Article 5(7) and Article 8(7) of the Genetically Modified Organisms (Northern Ireland) Order 1991 (grant of exemptions) after the word "Department" there shall be inserted the words ", or by the Department and the Food Standards Agency acting jointly,". 11B.--(1) For Article 22 of that Order (exercise of certain functions relating to genetically modified organisms jointly by the Department of the Environment and the Department of Agriculture) there shall be substituted the following Article--
	"Mode of exercise of certain functions
	22.--(1) Any power of the Department to make regulations under this Order (other than the power conferred by Article 10) is exercisable, where the regulations to be made relate to any matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly. (2) Any function of the Department under this Order (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly (but subject to paragraph (3)). (3) Any function of the Department under Articles 5(8) and 7 is exercisable, where the function is to be exercised in relation to a matter with which the Food Standards Agency is concerned-- (a) if it is a matter with which the Department of Agriculture is also concerned, by the Department, the Department of Agriculture and the Food Standards Agency acting jointly; (b) otherwise, by the Department and the Food Standards Agency acting jointly. (4) Accordingly, references in this Order to the Department shall, where paragraph (1), (2) or (3) applies, be treated as references to the authorities in question acting jointly. (5) The Food Standards Agency shall be consulted before-- (a) any regulations are made under this Order, other than under Article 10, or (b) any consent is granted or varied. (6) The reference in Article 10 to expenditure of the Department in discharging functions under this Order in relation to consents shall be taken to include a reference to the corresponding expenditure of the Department of Agriculture in discharging those functions jointly with the Department. (7) The validity of anything purporting to be done in pursuance of the exercise of a function of the Department under this Order shall not be affected by any question whether that thing fell, by virtue of this Article, to be done jointly with the Department of Agriculture or the Food Standards Agency (or both)." (2) In consequence of sub-paragraph (1), in the definition of "the Department" in Article 2(2) of that Order, after the word "means" there shall be inserted the words "(subject to Article 22)".")