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23A. The
Food Safety (Northern Ireland) Order 1991 shall be
amended as follows.
23B. In the following
provisions--
Article 39(1), (2), (3) and (4)
Article 41(1), (2) and (3)
Article 47(1), (2) and (3)
for the words
"the Department concerned" or
"that Department" there shall
be substituted the words "the
Department".
23C. In the
following provisions--
after the words
"or, as the case may be," there
shall be inserted the words "the
Food Standards Agency or".
23D. 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".
23E.--(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".
23F. Article 24 (orders
for facilitating the exercise of functions) shall cease
to have effect.
23G. 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".
23H.--(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.".
23I. In Article 27
(appointment of public and other analysts), paragraph (6)(a)
shall cease to have effect.
23J.--(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 (IA)".
(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".")
23K.--(1) Article
39 (codes of practice) shall be amended as follows.
(2) After paragraph (1)
there shall be inserted the following paragraph--
(1A) The Food
Standards Agency may, after consulting the
Department, give a district council a direction
requiring the council to take any specified steps
in order to comply with a code under this Article.".
(3) In paragraph (2)(b)
for the words from "by" to "and"
there shall be substituted the words "under this
Article and".
(4) In paragraph (3),
for the words "paragraph (2)(b)" and "the
Department concerned" ("the Department" if
the amendment in paragraph 23B has been made) there shall
be substituted respectively the words "paragraph (1A)"
and "the Food Standards Agency".
(5) After paragraph (3)
there shall be inserted the following paragraph--
(3A) The
Food Standards Agency shall consult the
Department before making an application
under paragraph (3)."
(6) In paragraph (4),
the words after "shall" shall be renumbered as
sub-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 paragraph
(4) there shall be inserted the following paragraph--
(4A) If it
appears to the Department that the Food Standards
Agency has undertaken any consultation with an
organisation that the Department is required to
consult under paragraph (4), the Department may
treat that consultation as being as effective for
the purposes of that paragraph as if undertaken
by the Department.".
23L. In Article 40
(power to require returns), after the word "Department"
in each place where it occurs there shall be inserted the
words "or the Food Standards Agency".
23M. In Article 41 (default
powers), in paragraph (1), after the word "empower"
there shall be inserted the words "the Food
Standards Agency or".
23N. In Article 44 (power
to impose charges for things done by district councils or
Department of Agriculture under the Order), in paragraph
(1)--
(a) after the word "done"
there shall be inserted the words "or to be
done"; and
(b) after the words "those
councils" there shall be inserted the words
"or the Food Standards Agency".
23O. In Article 47
(regulations and orders), after paragraph (3) there shall
be inserted the following paragraphs--
(3A) Before
making any regulations or order under this Order,
the Department shall have regard to any relevant
advice given by the Food Standards Agency.
(3B) If it
appears to the Department that the Food Standards
Agency has undertaken any consultation with an
organisation that the Department is required to
consult under paragraph (3), the Department may
treat that consultation as being as effective for
the purposes of that paragraph as if undertaken
by the Department.".
23P.--(1) Schedule
1 (provisions which may be included in regulations
relating to food safety or consumer protection) shall be
amended as follows.
(2) In paragraph 2(2),
after the words "district councils" there shall
be inserted the words "or the Food Standards Agency".
(3) In paragraph 3(2),
after the words "Department of Agriculture" and
"Department" (in each place) there shall be
inserted the words "or the Food Standards Agency".
(4) After paragraph 6
there shall be inserted the following paragraph--
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