- Latest available (Revised)
- Original (As enacted)
Food Safety Act 1990, Section 5 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to subsections (3) and (4) below, the food authorities in England F1. . . are—
(a)as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
(b)as respects the City of London (including the Temples), the Common Council;
(c)as respects the Inner Temple or the Middle Temple, the appropriate Treasurer.
[F2(d)as respects the Isles of Scilly, the council of the Isles of Scilly.]
[F3(1A)Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.]
(2)Subject to subsection (3)(a) below, the food authorities in Scotland are the [F4councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(3)Where any functions under this Act are assigned—
(a)by an order under section 2 or 7 of the M1Public Health (Control of Disease) Act 1984, to a port health authority [F5or, by an order under section 172 of the M2Public Health (Scotland) Act 1897, to a port local authority];
(b)by an order under section 6 of the M3Public Health Act 1936, to a joint board for a united district; or
(c)by an order under paragraph 15(6) of Schedule 8 to the M4Local Government Act 1985, to a single authority for a metropolitan county,
any reference in this Act to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
(4)[F6The Secretary of State]may by order provide, either generally or in relation to cases of a particular description, that any functions under this Act which are exercisable concurrently—
(a)as respects a non-metropolitan district, by the council of that district and the council of the non-metropolitan county;
(b)as respects the Inner Temple or the Middle Temple, by the appropriate Treasurer and the Common Council,
shall be exercisable solely by such one of those authorities as may be specified in the order.
(5)In this section—
“the appropriate Treasurer” means the Sub-Treasurer in relation to the Inner Temple and the Under Treasurer in relation to the Middle Temple;
“the Common Council” means the Common Council of the City of London;
“port local authority” includes a joint port local authority.
(6)In this Act “authorised officer”, in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under this Act; but if regulations made by [F6the Secretary of State] so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.
Textual Amendments
F1Words in s. 5(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(3), 66(8), Sch. 9 para. 16(1), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17, para. 22(2), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2
F2S. 5(1)(d) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 9 (with ss. 38, 40(2); S.I. 2000/1066, art. 2
F3S. 5(1A) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 16(1) (with ss. 54(5)(7), 55(5), Sch. 17, para. 22(2), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F4Words in s. 5(2) substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 163(2); S.I. 1996/323, art. 4(1)(c)
F5Words in s. 5(3)(a) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1
F6Words in s. 5(4)(6) 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
Modifications etc. (not altering text)
C1S. 5(6) applied (9.5.1995) by S.I. 1995/1086, reg. 20(2)
C2S. 5(6) applied (15.6.1995) by S.I. 1995/1372, reg. 20(2)
C3S. 5(6) 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)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: