41.—(1) Where[F1 the Department] is satisfied that—
(a)a district council (in this Article referred to as “the council in default”) have failed to discharge any functions conferred by or under this Order; and
(b)the council's failure affects the general interests of consumers of food,
[F1the Department] may, by order, empower[F1 the Food Standards Agency or] an officer of[F1 the Department] to exercise, or procure the exercise of, that function in place of the council in default.
(2) For the purpose of determining whether the power conferred by paragraph (1) is exercisable,[F1 the Department] may cause a local inquiry to be held.
(3) [F1The Department] may recover from the council in default any expenses reasonably incurred by it under paragraph (1); and for the purpose of paying any such amount the council in default may—
(a)raise money as if the expenses had been incurred directly by it as a district council; and
(b)if and to the extent that they are authorised to do so by[F1 the Department], borrow money in accordance with the statutory provisions relating to borrowing by a district council.