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 Third Marshalled List of Amendments to the Food Standards Bill to be moved in Grand Committee in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

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.")

© Parliamentary copyright 1999
Prepared 14 October 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	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.")