(1)For the guidance of food authorities, [F1the Secretary of State]may issue codes of recommended practice as regards the execution and enforcement of this Act and of regulations and orders made under it; and any such code shall be laid before Parliament [F2or in the case of a code which applies only to Scotland, before the Scottish Parliament] after being issued.
[F3(1A)The Food Standards Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code under this section.]
(2)In the exercise of the functions conferred on them by or under this Act, every food authority—
(a)shall have regard to any relevant provision of any such code; and
(b)shall comply with any direction which is given [F4under this section and] requires them to take any specified steps in order to comply with such a code.
(3)Any direction under [F5subsection (1A)] above shall, on the application of [F6the Food Standards Agency], be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the M1Court of Session Act 1988.
F7[(3A)The Food Standards Agency shall consult the Secretary of State before making an application under subsection (3) above.]
(4)Before issuing any code under this section, [F1the Secretary of State] shall
(a)[F8subject to subsection (4B) below,]consult with such organisations as appear to F9. . . him to be representative of interests likely to be substantially affected by the code [F10; and.
(b)have regard to any relevant advice given by the Food Standards Agency]
[F11(4A)If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.]
[F12(4B)Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.]
(5)Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
Textual Amendments
F1Words in s. 40(1)-(4) 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
F2Words in s. 40(1) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 99; S.I. 1998/3178, arts. 1(2), 3
F3S. 40(1A) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 17(1)(2) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F4Words in s. 40(2)(b) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 17(1)(3) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F5Words in s. 40(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 17(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F6Words in s. 40(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 17(1)(4) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F7S. 40(3A) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 17(1)(5) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F8Words in s. 40(4)(a) inserted (7.12.2004) by Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990), regs. 1(1), 4(a)
F9Words in s. 40(4) repealed (1.4.2000) by 1999 c. 28, s. 40(4), Sch. 6 (with s. 38); S.I. 2000/1066, art. 2
F10Words in s. 40(4) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 17 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F11S. 40(4A) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 17(1)(5) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F12S. 40(4B) inserted (7.12.2004) by Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990), regs. 1(1), 4(b)
Modifications etc. (not altering text)
C1S. 40 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I paras. 1, 4 (with s. 38); S.I. 2000/1066, art. 2
C2S. 40 applied (with modifications) (1.4.1995) by S.I. 1995/614, reg. 11
C3S. 40 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
Every food authority shall send to [F13the Secretary of State][F14or to the Food Standards Agency]such reports and returns, and give him [F15or it] such information, with respect to the exercise of the functions conferred on them by or under this Act as he [F15or it] may require.
Textual Amendments
F13Words in s. 41 substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 7, 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F14Words in s. 41 inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 18 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F15Words in s. 41 inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 18 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
Modifications etc. (not altering text)
C4S. 41 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I paras. 1, 5 (with s. 38); S.I. 2000/1066, art. 2
C5S. 41 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)
(1)Where [F16the Secretary of State] is satisfied that—
(a)a food authority (in this section referred to as “the authority in default”) have failed to discharge any duty imposed by or under this Act; and
(b)the authority’s failure affects the general interests of consumers of food,
he may by order empower another food authority [F17or the Food Standards Agency] (in this section referred to as “the substitute authority”), or [F18a person (whether or not an officer of his) who is authorised by him in writing to do so], to discharge that duty in place of the authority in default [F19but if regulations made by the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.].
(2)For the purpose of determining whether the power conferred by subsection (1) above is exercisable, the Minister may cause a local inquiry to be held; and where he does so, the relevant provisions of the Local Government Act shall apply as if the inquiry were a local inquiry held under that Act.
(3)Nothing in subsection (1) above affects any other power exercisable by the Minister with respect to defaults of local authorities.
(4)The substitute authority or [F16the Secretary of State] may recover from the authority in default any expenses reasonably incurred by them or him under subsection (1) above; and for the purpose of paying any such amount the authority in default may—
(a)raise money as if the expenses had been incurred directly by them as a local authority; and
(b)if and to the extent that they are authorised to do so by the Minister, borrow money in accordance with the statutory provisions relating to borrowing by a local authority.
(5)In this section “the relevant provisions of the Local Government Act” means subsections (2) to (5) of section 250 of the M2 Local Government Act 1972 in relation to England and Wales and subsections (3) to (8) of section 210 of the M3 Local Government (Scotland) Act 1973 in relation to Scotland.
Textual Amendments
F16Words in s. 42(1)-(4) 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
F17Words in s. 42(1) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 19 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
F18Words in s. 42(1) substituted (3.1.1995) by 1994 c. 40, ss. 76, 82(2)(f), Sch. 16 para. 17(a)
F19Words in s. 42(1) inserted (3.1.1995) by 1994 c. 40, ss. 76, 82(2)(f), Sch. 16 para. 17(b)
Modifications etc. (not altering text)
C6S. 42 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I paras. 1, 6 (with s. 38); S.I. 2000/1066, art. 2
C7S. 42 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