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Food Standards Act 1999

Commentary on Sections

Section 21: Supplementary powers

76.This section gives the Agency power to take action which will help it to discharge its functions (subject to other provisions in the Act which constrain the manner in which the Agency may act). This section, although very general, does not give the Agency any power to act outside the area of its functions.

77.Subsection (2) makes clear that the Agency’s powers include the ability to provide education or training. Specific reference is also made to the provision of financial support, the acquisition or disposal of property and the institution of criminal proceedings (in England, Wales and Northern Ireland - prosecutions in Scotland are the sole responsibility of the Procurator Fiscal). Other relevant action might include entering into contracts.

78.Subsection (3) allows the Agency to charge for any facilities or services it provides at the request of any person. Such charges would be made in accordance with the usual Government guidance on fees and charges.

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