House of Lords Amendments - Food Standards Bill

Food Standards Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 29
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
82	Page 16, line 19, leave out ("from time to time") and insert ("regularly")
83	Page 16, line 32, leave out subsection (3) and insert-- ("(3) Section 118 of the Medicines Act 1968 (restrictions on disclosure of information) shall not apply in relation to the disclosure of information to the Agency for the purpose of a consultation under this section. (4) Where information of a description mentioned in section 118 of that Act is disclosed to the Agency for the purpose of such consultation, the Agency-- (a) shall take account of any considerations of confidentiality attaching to the information; but (b) shall disclose the information (or any of it) for the purpose of any of its functions if it appears to the Agency to be in the public interest to do so.")
	BY THE BARONESS HAYMAN
84	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
85	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
86	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
87	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 33
	BY THE LORD MACKAY OF ARDBRECKNISH THE BARONESS BYFORD
	The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.
	Clause 35
	BY THE BARONESS HAYMAN
88	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.")
	After Clause 35
	BY THE BARONESS BYFORD THE LORD LUKE
89	Insert the following new Clause--
	(".--(1) The Secretary of State shall, five years after the Agency commences its operation, conduct a review to consider whether its remit should be extended to include pesticides and veterinary medicines. (2) In carrying out the review under subsection (1), the Secretary of State shall consult such bodies and people he considers appropriate.")	Review of Agency's remit.
	Clause 36
	BY THE BARONESS HAYMAN
90	Page 19, leave out line 13
	BY THE BARONESS BYFORD THE LORD LUKE
91	Page 19, line 17, after ("State") insert ("for Health")
	BY THE BARONESS HAYMAN
92	Page 19, line 24, at end insert ("; and the 1991 Order" means the Food Safety (Northern Ireland) Order 1991")
93	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).")
94	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
95	Page 19, line 40, leave out subsection (2)
	Clause 39
	BY THE BARONESS HAYMAN
96	Page 20, line 45, leave out ("enactment") and insert ("Act")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
97	Page 21, line 9, at end insert-- ("( ) Any funding made available to enforcement authorities for enforcing relevant legislation (as defined in section 15) shall be designated as being used by enforcement authorities for that purpose only.")
	BY THE BARONESS HAYMAN
98	Page 21, line 44, leave out ("the Northern Ireland Act 1998") and insert ("any Act")
	Clause 40
	BY THE BARONESS HAYMAN
99	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
100	Page 22, line 15, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")
	Clause 42
	BY THE BARONESS HAYMAN
101	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
102	Page 23, line 14, after ("section") insert ("and paragraph 4(2) of Schedule 5)")
103	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 1
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
103A*	Page 25, line 33, at end insert--
	("Declaration of interests, etc
	13. Proposed members of the Agency shall complete a declaration detailing their business interests, whether they have been made bankrupt, been a party to voluntary arrangements, whether there are any judgements against them, whether they have been convicted of any offence involving fraud or dishonesty or an offence under legislation (whether or not of the United Kingdom) relating to companies (including insider dealing), building societies, banking or other financial services, or if they have been disqualified as a director or of any other material information, and this declaration should be publicly available for inspection one month before appointment.")
	Schedule 2
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE LORD REA
104	Page 25, line 43, at end insert-- ("( ) Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including experience in matters related to food safety and standards including nutrition and labelling or other interests of consumers in relation to food).")
	BY THE BARONESS BYFORD THE LORD LUKE
105	Page 26, line 9, leave out ("5(2)") and insert ("5(1)")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE LORD REA
106	Page 26, line 11, at end insert-- ("( ) Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including public interest representation).")
107	Page 26, line 11, at end insert-- ("( ) Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including experience in matters related to food safety and standards including nutrition and labelling or other interests of consumers in relation to food).")
	BY THE BARONESS BYFORD THE LORD LUKE
108	Page 26, line 15, leave out ("5(2)") and insert ("5(1)")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE LORD REA
109	Page 26, line 21, at end insert-- ("( ) Before appointing a person as chairman or member of the advisory committee, the authority making the appointment shall have regard to the desirability of securing that a variety of skills and experience is available among the members of the committee (including public interest representation).")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
110	Page 27, line 10, at end insert-- ("( ) One of the authorities shall be designated as the lead authority.")



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