SCHEDULES
F1SCHEDULE 9 Transitional and Saving Provisions
Time running
1
Where a period of time specified in an enactment repealed by this Act is current at the Act’s commencement, the Act has effect was if the provision corresponding to that enactment had been in force when that period began to run.
Section 41(1) Food and Drugs Act1955 c. 16. (4 & 5 Eliz. 2)
2
Subject to section 43(1), the provisions of section 40(1) of this Act shall be in operation in any area in which, immediately before the commencement of this Act, corresponding provisions were in operation by virtue of section 41(1) of the Food and Drugs Act 1955.
Local Acts
3
1
In section 303 of the M1Publlic Health Act 1875 (power to repeal and alter local Acts by provisional orders), the reference to any local Act which relates to the same subject-matters as that Act shall be construed as including a reference to any local Act which relates to the same subject-matters as this Act.
2
Notwithstanding the repeal by this Act of the provisions of sections 131(2) and Part II of Schedule 9 to the Food and Drugs Act 1955, any application may be made and any power may be exercised in relation to those provisions as and to the extent that they were capable of being made and exercised immediately before the commencement of this Act.
3
Any power exercisable under section 48 of the M2Local Government (Miscellaneous Provisions) Act 1982 (consequential repeal or amendment of local statutory provisions) in relation to a provision of that Act repealed by this Act is exercisable in relation to the corresponding provision of this Act as and to the extent that it was capable of such exercise immediately before the commencement of this Act.
Public Health (Shell-Fish) Regulations S.R. & O. 1934/1342
4
An order having effect immediately before the commencement of this Act under the Public Health (Shell-Fish) Regulations 1934—
a
continues in force under those regulations of 1934; and
b
may be further continued by regulations made under section 13 as if it had been made under such regulations.
Orders under Defence (Sale of Food) Regulations S.R. & O. 1943/1553
5
1
Any order made under regulation 2 of the Defence (Sale of Food) Regulations 1943, being an order which was in force immediately before the commencement of this Act, shall—
a
in the case of an order made by the Minister of Food or by the Minister of Agriculture, Fisheries and Food for the purposes of paragraph (1)(a) of that regulation, continue in force and have effect as if contained in regulations made by the Ministers under section 7,
b
in the case of an order made by the Minister of Food or by the Minister of Agriculture, Fisheries and Food for the purposes of paragraph (1)(b) of that regulation, continue in force and have effect as if contained in regulations made by the Ministers under section 4,
and references in this Act to regulations made under those sections shall be construed accordingly.
2
such an order may be varied or revoked accordingly by regulations made under section 4 or section 7, as the case may be; and the order shall have effect, subject to any variation by regulations under this Act—
a
as if it provided that any breach was an offence under this act; and
b
as if it specified a food and drugs authority as the authority to enforce the provisions of the order within their area.
M4Sugar Act 1956
6
1
Notwithstanding the repeal by this Act of section 23(4) of the Sugar Act 1956—
a
that subsection (which provides that British Sugar, public limited company, shall furnish the Minister and the Secretary of State with such estimates, returns, accounts and other information as to the company’s business as they may respectively require) continues to have effect, and
b
the power under section 4 of, and Part II of Schedule 3 to, the M3European Communities Act 1972 in relation to the repeal of that subsection continues to be exercisable,
as if that subsection had not been repealed.
2
Nothing in this Act affects the saving (as regards advances made and guarantees given before 1st February 1973) in relation to section 22 of the Sugar Act 1956 in Part II of Schedule 3 to the European Communities Act 1972.
Sections 252 and 254 M5Local Government Act 1972
7
Section 252 (general power to adapt Acts and instruments) and section 254 (consequential and supplementary provision) of the Local Government Act 1972 have effect in relation to those provisions of this Act which reproduce enactments which were in force before 1st April 1974 as if those provisions had been in force before that date.
Schs. 9–11 repealed (E.W.S.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(4), Sch. 5