The Food Safety(Northern Ireland) Order 1991

Article 51(3).

SCHEDULE 3 TRANSITIONAL PROVISIONS AND SAVINGS

Interpretation

1.  In this Schedule—

• “the appointed day” for the purposes of this Schedule means the day appointed under Article 1(2) for the coming into operation of that provision;

• “existing regulations” means—

  (a)

  any regulations made, or having effect as if made, under a provision repealed by this Order; and

  (b)

  any orders having effect as if made under such regulations,

  which are in operation immediately before the appointed day;

• “the 1989 Order” means the Food (Northern Ireland) Order 1989(1).

Regulations under the 1989 Order

2.  Any existing regulations made, or having effect as if made, under any provision of the 1989 Order specified in the first column of Table A shall have effect, after the appointed day, as if made under the provisions of this Order specified in relation to that provision in the second column of that Table, or such of those provisions as are applicable.

TABLE A

Provision of the 1989 Order	Provision of this Order
Article 6 (composition, etc., of food)	Articles 15(1)(a), (c) and (f) and (3) and 16(1)
Article 9 (describing food)	Article 15(1)(e)
Article 15 (food hygiene)	Article 15(1)(b), (c), (d) and (f), (2) and (3)
Articles 27 and 29 (milk)	Article 15(1)(b), (c), (d) and (f), (2) and (3)
Article 36(2) (public analysts)	Article 27(2)
Article 39(5) (form of certificate)	Article 48(2)
Article 73 (Community provisions)	Article 16(2)

Regulations with respect to milk(2)1983 NI 2

3.—(1) Any existing regulations made under Article 9 of the Milk (Northern Ireland) Order 1983(3) (milk) shall have effect, after the appointed day as if made under Articles 15(1), (2) and (3), 17(2), 18(1), 32(2) and 48(2).(4)

(2) Any existing regulations made under section 1 of the Importation of Milk Act 1983(5) shall have effect, after the appointed day, as if made under Article 15(1).

Disqualification orders

4.  The repeal by this Order of Article 16 of the 1989 Order (court’s power to disqualify person for carrying on a food business) shall not have effect as respects any order made, or having effect as if made, under that Article which is in operation immediately before the appointed day.

Food hygiene byelaws

5.—(1) The repeal by this Order of Article 17 of the 1989 Order (byelaws as to food) shall not have effect as respects any byelaws made, or having effect as if made, under that Article which are in operation immediately before the appointed day.

(2) In so far as any such byelaws conflict with any regulations made, or having effect as if made, under Part II of this Order, the regulations shall prevail.

Closure orders

6.  The repeal by this Order of Article 22 of the 1989 Order (closure orders) shall not have effect as respects any order made, or having effect as if made, under that Article which is in operation immediately before the appointed day.

Saving(6)

7.  The provisions of this Schedule have effect without prejudice to sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954(7).

(1)

1989 NI 6

(2)

1983 NI 2

(3)

1983 NI 2

(4)

1983 NI 2

(5)

1983 c. 37

(6)

1954 c. 33 (N.I.)

(7)

1954 c. 33 (N.I.)