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| | 36. - (1) Article 39 (codes of practice) shall be amended as follows.
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(2) After paragraph (1) there shall be inserted the following paragraph-
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"(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.".
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(3) In paragraph (2)(b) for the words from "by" to "and" there shall be substituted the words "under this Article and".
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(4) In paragraph (3), for the words "paragraph (2)(b)" and "the Department concerned" ("the Department" if the amendment in paragraph 27 has been made) there shall be substituted respectively the words "paragraph (1A)" and "the Food Standards Agency".
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(5) After paragraph (3) there shall be inserted the following paragraph-
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"(3A) The Food Standards Agency shall consult the Department before making an application under paragraph (3)."
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(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
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(b) have regard to any relevant advice given by the Food Standards Agency". |
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(7) After paragraph (4) there shall be inserted the following paragraph-
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"(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.".
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| | 37. 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".
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| | 38. In Article 41 (default powers), in paragraph (1), after the word "empower" there shall be inserted the words "the Food Standards Agency or".
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| | 39. In Article 44 (power to impose charges for things done by district councils or Department of Agriculture under the Order), in paragraph (1)-
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(a) after the word "done" there shall be inserted the words "or to be done"; and |
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(b) after the words "those councils" there shall be inserted the words "or the Food Standards Agency". |
| | 40. In Article 47 (regulations and orders), after paragraph (3) there shall be inserted the following paragraphs-
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"(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.
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(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.".
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| | 41. - (1) Schedule 1 (provisions which may be included in regulations relating to food safety or consumer protection) shall be amended as follows.
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(2) In paragraph 2(2), after the words "district councils" there shall be inserted the words "or the Food Standards Agency".
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(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".
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(4) After paragraph 6 there shall be inserted the following paragraph-
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"Production of food sources |
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6A. Provision for prohibiting or regulating-
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(a) the possession, sale or offer, exposure or advertisement for sale of any specified substance, or any substance of any specified class, with a view to its use in connection with the production of any food source; |
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(b) the use of any specified substance, or any substance of any specified class, in connection with the production of any food source; |
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(c) the carrying out of any other activity in connection with, or in a manner likely to affect, the production of any food source.". |
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(5) In paragraph 7(2), after the word "falls" there shall be inserted the words "(or is likely to fall)".
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| | 42. - (1) Paragraph 5 of Schedule 3 (saving from repeal of Article 17 of the Food (Northern Ireland) Order 1989 for certain existing byelaws) shall cease to have effect.
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(2) Accordingly any byelaws which were made (or which have effect as if made) under that Article and which have continued in force by virtue of that paragraph are revoked.
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Radioactive Substances Act 1993 (c. 12) |
| | 43. - (1) The Radioactive Substances Act 1993 shall be amended as follows.
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(2) In section 16 (grant of authorisations)-
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(a) in subsection (4A)(a), for the words "relevant Minister" there shall be substituted the words "Food Standards Agency"; |
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(b) in subsection (4A)(b), for the words "relevant Minister" and "that Minister" there shall be substituted respectively the words "Food Standards Agency" and "that Agency"; and |
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(c) subsection (11) shall be omitted. |
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(3) In section 17 (revocation and variation of authorisations)-
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(a) in subsection (2A)(a), for the words "relevant Minister" there shall be substituted the words "Food Standards Agency"; |
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(b) in subsection (2A)(b), for the words "relevant Minister" and "that Minister" there shall be substituted respectively the words "Food Standards Agency" and "that Agency"; and |
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(c) subsection (5) shall be omitted. |
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(4) Sections 23(4A) and 24(4A) (certain functions exercisable jointly with the Minister of Agriculture, Fisheries and Food) shall be omitted.
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(5) In section 25 (power of Secretary of State to restrict knowledge of applications etc)-
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(a) in subsection (3A), for the words "the relevant Minister" and "that Minister" there shall be substituted the words "the Food Standards Agency"; and |
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(b) subsection (5) shall be omitted. |
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(6) Sections 26(5A) and 27(7A) (certain functions exercisable jointly with the Minister of Agriculture, Fisheries and Food) shall be omitted.
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Environment Act 1995 (c. 25) |
| | 44. - (1) Section 42 of the Environment Act 1995 (approval of charging schemes) shall be amended as follows.
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(2) In subsection (3)(b)-
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(a) in sub-paragraph (i) for the words "Minister" and "his" there shall be substituted respectively the words "Food Standards Agency" and "its"; and |
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(b) sub-paragraph (ii) shall be omitted. |
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(3) In subsection (4)-
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(a) for the words "Minister's or the Secretary of State's" there shall be substituted the words "Food Standards Agency's"; |
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(b) in paragraph (b), for the words from "the Minister" to "be" there shall be substituted the words "or the Food Standards Agency". |
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(4) In subsection (7), the words from "and, if" to the end shall cease to have effect.
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(5) In subsection (9)-
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(a) for paragraphs (a) and (b) there shall be substituted the words "such of the costs and expenses incurred by the Food Standards Agency as fall within subsection (3) above"; and |
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(b) for the words from "to the Secretary" to the end there shall be substituted the words "to the Food Standards Agency". |
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(6) In subsection (10), for the words from "paragraph (a) or" to the end there shall be substituted the words "that subsection shall be determined by the Secretary of State."
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Government of Wales Act 1998 (c. 38) |
| | 45. In Schedule 5 to the Government of Wales Act 1998 there shall be inserted-
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" Food Standards Agency.
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Food Standards Agency advisory committee for Wales.".
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