Food Safety Act 1990

48 Regulations and orders. E+W+S

(1) Any power of [F1 the Secretary of State] to make regulations or an order under this Act includes power—

(a) to apply, with modifications and adaptations, any other enactment (including one contained in this Act) which deals with matters similar to those being dealt with by the regulations or order;

(b) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business); and

(c) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as [F1 the Secretary of State] considers necessary or expedient.

(2) Any power of [the Secretary of State] to make regulations or orders under this Act shall be exercisable by statutory instrument.

(3) Any statutory instrument containing—

(a) regulations under this Act; or

(b) an order under this Act other than an order under section 60(3) below,

shall [F2 , unless the instrument contains regulations which include provision made by virtue of section 16(3A),] be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3 (3A) A statutory instrument containing regulations which include provision made by virtue of section 16(3A) may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3B) A statutory instrument containing regulations which include provision made by virtue of section 16(3A) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(3C) Regulations made by the Scottish Ministers which include provision made by virtue of section 16(3A) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).]

(4) [F4 Subject to subsection (4C) below,] Before making—

(a) any regulations under this Act, other than regulations under section 17(2) or 18(1)(c) above; or

(b) any order under Part I of this Act,

[F1 the Secretary of State] shall consult with such organisations as appear to them to be representative of interests likely to be substantially affected by the regulations or order.

[F5 (4A) Before making any regulations or order under this Act, the Secretary of State shall have regard to any relevant advice given by the Food Standards Agency.

(4B) If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.]

[F6 (4C) Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.]

(5) Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.

[F7 (6) In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.]

Textual Amendments

F1 Words in s. 48(1)(2)(4) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F2 Words in s. 48(3) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 174(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 S. 48(3A)-(3C) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 174(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4 Words in s. 48(4) inserted (7.12.2004) by Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990), regs. 1(1), 5(a)

F5 S. 48(4A) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 21 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F6 S. 48(4C) inserted (7.12.2004) by Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990), regs. 1(1), 5(b)

F7 S. 48(6) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 3(11) (with s. 62); S.S.I. 2015/99, art. 2

Modifications etc. (not altering text)

C1 S. 48 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I para. 1, 7 (with s. 38); S.I. 2000/1066, art. 2

C2 S. 48 transfer of functions (23.3.2005) by Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 1, Sch. (with art. 6)