Food Standards Act 1999

32 Modification of certain provisions of this Act. U.K.

(1) Her Majesty may by Order in Council make such provision as She considers appropriate for modifying—

(a) the functions exercisable under this Act by any of the appropriate authorities (including functions exercisable jointly by two or more of them);

(b) the powers under this Act of either House of Parliament, the Scottish Parliament[F1 , the National Assembly for Wales] or the Northern Ireland Assembly; or

(c) the constitution of the Agency.

(2) Without prejudice to the generality of subsection (1), provision made under paragraph (a) or (b) of that subsection may—

(a) confer on any one or more of the appropriate authorities functions (including powers to make subordinate legislation) which relate to anything connected with the Agency or its activities;

(b) confer powers on either House of Parliament, the Scottish Parliament[F2 , the National Assembly for Wales] or the Northern Ireland Assembly.

(3) Where provision is made under subsection (1)(a) or (b), the provision which may be made in the Order by virtue of section 37(1)(a) includes provision modifying functions of, or conferring functions on, the Agency or any other person in connection with any one or more of the appropriate authorities or with any body mentioned in subsection (1)(b).

(4) For the purposes of subsection (1)(c) the reference to the constitution of the Agency is a reference to the subject-matter of sections 2 to 5 and 39(7) (together with Schedules 1, 2 and 4).

(5) The provision which may be made by an Order under this section does not include provision modifying this section or section 33 (except that where provision is made under subsection (1)(c) the Order may make consequential amendments to subsection (4)).

(6) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.

Textual Amendments

F1 Words in s. 32(1)(b) inserted (25.5.2007) by Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 67

F2 Words in s. 32(2)(b) inserted (25.5.2007) by Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 1(2), Sch. 1 para. 67