2 Powers of Ministers when emergency order has been made.U.K.
(1)[F1A designating authority][F2or the Food Standards Agency] may consent, either unconditionally or subject to any condition that [F3the authority giving the consent] considers appropriate, to the doing in a particular case of anything prohibited by an emergency order.
(2)It shall be a defence for a person charged with an offence under section 1(6) above to show—
(a)that consent had been given under subsection (1) above to the contravention of the emergency prohibition ; and
(b)that any condition subject to which that consent had been given was complied with.
(3)[F1A designating authority][F4or the Food Standards Agency]—
(a)may give any person such directions as appear to [F5the authority giving the directions] to be necessary or expedient for the purpose of preventing human consumption of food which [F5the authority giving the directions] believes, on reasonable grounds, is, or may be, or may become, unsuitable for human consumption in consequence of [F6designated circumstances]; and
(b)may do anything which appears to [F1 the designating authority][F7or the Agency (as the case may be)]to be necessary or expedient for that purpose ;
and such directions may be given and such action may be taken after the emergency order has ceased to be in force.
(4)Any person who—
(a)fails to comply with a direction under this section ; or
(b)causes or permits any other person to do so,
shall be guilty of an offence.
(5)If [F1a designating authority][F8or the Food Standards Agency]does anything by virtue of this section in consequence of a failure on the part of any person to comply with such a direction, [F9the authority taking that action] may recover from that person any expenses reasonably incurred by [F10that authority] under this section.
(6)If [F1a designating authority][or the Food Standards Agency]does anything by virtue of this section in consequence of any person causing or permitting another person to fail to comply with such a direction, [F9the authority taking that action] may recover from the person who caused or permitted the failure to comply any expenses reasonably incurred by [F10that authority] under this section.
[F11(7)In the application of this section to Scotland, the references to the Food Standards Agency are to be ignored.]
Textual Amendments
F1Words in s. 2 substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(5) (with art. 8); S.I. 1998/3178
F2Words in s. 2(1) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(a)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F3Words in s. 2(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(a)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F4Words in s. 2(3) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F5Words in s. 2(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F6Words substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(d), 54
F7Words in s. 2 inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(iii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F8Words in s. 2(5)(6) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(c)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F9Words in s. 2(5)(6) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(c)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F10Words in s. 2(5)(6) substituted (1.4.2000) by 1999 c. 28, ss. 40(1)(2), Sch. 5 para. 6(4)(c)(iii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F11S. 2(7) inserted (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), Sch. para. 2(3) (with s. 62); S.S.I. 2015/99, art. 2
Modifications etc. (not altering text)
C1S. 2 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 16(2) (with s. 38); S.I. 2000/1066, art. 2