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The Food Safety (Northern Ireland) Order 1991
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Enforcement of this OrderN.I.
26.—[F1(1) Subject to[F2 paragraphs (1A) and (1B)], the provisions of this Order shall be enforced and executed by each district council within its district.
(1A) The Department of Agriculture shall enforce and execute such provisions of this Order as may be specified by order.]
[F2(1B) The Food Standards Agency shall enforce and execute such provisions of this Order as may be specified by order.]
(2) [F1The][F2 Department] may direct, in relation to cases of a particular description or a particular case, that any duty imposed on district councils by paragraph (1) shall be discharged by[F1[F2 the Department, the Department of Agriculture or the Food Standards Agency] or any person who is generally or specially authorised in writing by[F2 the Department, the Department of Agriculture or the Food Standards Agency]] and not by those councils.
(3) Regulations or orders shall specify which authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Order, to any other authority so concerned, for the purposes of their respective duties under them.
[F2(3A) Regulations or orders under paragraph (3) may specify the Food Standards Agency as an authority to enforce and execute them and references in that paragraph to any authority concerned include references to the Food Standards Agency.]
(4) The[F2 Department] may take over the conduct of anyF1. . . proceedings which have been instituted by a district council[F2 or may direct the Food Standards Agency to do so][F1 under any provisions of this Order or any regulations or orders made under it].
[F2(4A) The Food Standards Agency may take over the conduct of any such proceedings but (unless the Agency has been directed to do so under paragraph (4)) only with the consent of the district council which instituted them.]
Para. (5) rep. by 1996 NI 12
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