The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2 Partial Revocation) and (Nos.4 and 5 Revocation) Order 1991

Statutory Instruments

1991 No. 1800 (S.151)

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2 Partial Revocation) and (Nos.4 and 5 Revocation) Order 1991

Made

1st August 1991

Laid before Parliament

2nd August 1991

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred on him by section 1(1) and 24(3) of the Food and Environment Protection Act 1985(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2 Partial Revocation) and (Nos.4 and 5 Revocation) Order 1991 and shall come into force at 18.00 hours on 1st August 1991.

Partial Revocation

2.  The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991(2) except in so far as it applies to the area described in the Schedule to this Order is hereby revoked.

Revocation

3.  The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1991(3) and the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1991(4) are hereby revoked.

E.C. Davison

Assistant Secretary, Scottish Office

Pentland House,

Edinburgh

1st August 1991

Article 2

SCHEDULE AREA TO WHICH PROHIBITIONS STILL APPLY

That area of the sea lying to the north of a straight line between a point on the mean high water springs at 57° 21.47'N latitude and 5° 48.05'W longitude extending in a north westerly direction to a point on the mean high water springs at 57° 21.67'N latitude and 5° 48'W longitude and within the line of the mean high water springs along the western, northern and eastern shores of Loch Toscaig to the point of beginning at 57° 21.47'N latitude and 5° 48.05'W longitude; which area forms part of the designated area described in the Schedule to the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991.

Explanatory Note

(This note is not part of the Order)

This Order partly revokes the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991 and revokes the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 4) Order 1991 and the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1991. These Orders imposed a prohibition on the fishing for or taking of (article 4), the movement of (article 5), and the landing of or use in the production of food (article 6) of bivalve molluscs within the following areas of the sea–

(a) the area of sea lying between the Island of Skye and the Scottish mainland forming the southern part of the Inner Sound and adjacent sea lochs of Loch Alsh, Loch Carron and Loch Kishorn;

(b) the area of sea to the west of the Island of Skye lying to the east of a line between Waternish point and Dunvegan Head including Loch Dunvegan and Loch Bay;

(c) the area of sea lying between the Island of Skye and the Scottish mainland forming the northern part of the Inner Sound and adjacent sea lochs of Loch Torridon, Upper Loch Torridon, Loch Shieldaig, and Loch Diabaig; and

(d) the area of sea to the south of the Island of Skye lying between the Strathaird Penninsula and the Sleat Penninsula Island of Skye including Loch Slapin and Loch Eishort.

The Order removes completely the prohibition on fishing for or taking, landing, or the use in food production of bivalve molluscs from these areas with the exception of the area in Loch Toscaig described in the Schedule to this Order to which the prohibitions continue to apply in consequence of the partial revocation of the No.2 Order.

(1)

1985 c. 48; section 1 was amended by section 51 of the Food Safety Act 1990 (c. 16), and section 24(1) was amended by paragraph 29 of Schedule 3 to that Act; section 1(2) defines “designating authority” and section 24(1) defines “the Ministers”.

(2)

S.I. 1991/1295.

(3)

S.I. 1991/1533.

(4)

S.I. 1991/1608.