SCHEDULES

SCHEDULE 5 Minor and consequential amendments

Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))

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(1)

Article 39 (codes of practice) shall be amended as follows.

(2)

After paragraph (1) there shall be inserted the following paragraph—

“(1A)

The Food Standards Agency may, after consulting the Department, give a district council a direction requiring the council to take any specified steps in order to comply with a code under this Article.”.

(3)

In paragraph (2)(b) for the words from “by” to “and” there shall be substituted the words “ under this Article and ”.

(4)

In paragraph (3), for the words “paragraph (2)(b)” and “the Department concerned” (“the Department” if the amendment in paragraph 27 has been made) there shall be substituted respectively the words “ paragraph (1A) ” and “ the Food Standards Agency ”.

(5)

After paragraph (3) there shall be inserted the following paragraph—

“(3A)

The Food Standards Agency shall consult the Department before making an application under paragraph (3).”

(6)

In paragraph (4), the words after “shall” shall be renumbered as sub-paragraph (a) and at the end there shall be added the words“; and

(b)

have regard to any relevant advice given by the Food Standards Agency”.

(7)

After paragraph (4) there shall be inserted the following paragraph—

“(4A)

If it appears to the Department that the Food Standards Agency has undertaken any consultation with an organisation that the Department is required to consult under paragraph (4), the Department may treat that consultation as being as effective for the purposes of that paragraph as if undertaken by the Department.”.