1999 No. 3141
The Transfer of Functions (Agriculture and Food) Order 1999
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 24th day of November 1999
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 19751, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, commencement and interpretation1
1
This Order may be cited as the Transfer of Functions (Agriculture and Food) Order 1999.
2
This Order shall come into force on 27th December 1999.
3
In this Order–
“the transferor” means, in relation to anything transferred by this Order, the Minister or Ministers from whom it is transferred,
“the transferee” means, in relation to anything transferred by this Order, the Minister or Ministers to whom it is transferred,
and any reference to a function of a Minister shall, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, be construed as a reference to his share in that function.
Transfer of certain functions involving territorial Secretaries of State2
1
Any function of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales under an enactment mentioned in the Schedule is hereby transferred to the Minister of Agriculture, Fisheries and Food.
2
Any function of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales under the Industrial Organisation and Development Act 19472 which is exercisable by him by virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 or the proviso to section 1(2) of the Act of 1947 is hereby transferred to the Minister of Agriculture, Fisheries and Food.
3
Any function of the Secretary of State or the Secretary of State for Wales which is exercisable by him under section 34(2) or 61 of the Agriculture Act 19673 by virtue of the Transfer of Functions (Wales) Order 1969 or the Transfer of Functions (Wales) (No. 1) Order 1978 is hereby transferred to the Minister of Agriculture, Fisheries and Food.
4
Any function of the Secretary of State for Scotland under paragraph 1(2) of Schedule 9 to the Deregulation and Contracting Out Act 19944 is hereby transferred to the Minister of Agriculture, Fisheries and Food.
5
For the purposes of paragraphs (1) to (4)–
a
the references to any function of the Secretary of State do not include any function of a named Secretary of State (however described), and
b
the references to the Secretary of State for Scotland and the Secretary of State for Wales include references to the Secretary of State concerned with agriculture in Scotland and the Secretary of State concerned with agriculture in Wales respectively.
6
Any function under the Food Safety Act 19905 which is exercisable by the Minister of Agriculture, Fisheries and Food jointly with the Secretaries of State respectively concerned with health in England and food and health in Wales is hereby transferred to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly.
7
This article is subject to article 3.
Exception from article 2 for EC functions3
Article 2 shall not apply in relation to any function of a Minister which is exercisable by him by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 1998 or section 57(1) of the Scotland Act 1998.
Transfer of property, rights and liabilities4
All property, rights and liabilities to which the transferor is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the transferee.
Supplementary and consequential5
1
Any reference in this Order to a function of a Minister under an enactment includes a reference to the functions of that Minister under any scheme, regulations, Order in Council, order, bye-laws or similar instrument having effect under or in relation to that enactment.
2
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.
3
Anything (including any legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to anything transferred by this Order, be continued by or in relation to the transferee.
4
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the transferee in so far as that is required for continuing its effect after the coming into force of this Order.
5
Subject to paragraph (6), any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to the transferee or his department or officers, as the context may require.
6
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order of, or in connection with, a share of any function which is exercisable jointly with the transferee (with or without others) or is otherwise shared with the transferee (with or without others), as if any references (including references which are to be construed as such references) to the transferor and the transferee or to their departments or officers were references to the transferee or to his department or officers, as the context may require.
7
In this article “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
SCHEDULEENACTMENTS CONFERRING FUNCTIONS TRANSFERRED BY ARTICLE 2(1)
Corn Returns Act 18826.
Section 5(2) of the Corn Sales Act 19217.
Sections 1, 2 and 10 of the Destructive Imported Animals Act 19328.
Sections 1(4) and 32 of the Hill Farming Act 19469.
Sections 13 and 16 of, and Schedule 1 to, the Agricultural Wages Act 194810.
Protection of Animals (Anaesthetics) Act 195411.
Agriculture Act 195712.
Part I of the Agricultural Marketing Act 195813.
Horticulture Act 196014.
Plant Varieties and Seeds Act 196415.
Agriculture and Horticulture Act 196416.
Cereals Marketing Act 196517.
Part I, and sections 58, 60 and 65, of the Agriculture Act 196718 (except for paragraph 9(2)19 of Part II of Schedule 1 so far as it relates to any function originally exercisable by the Minister of Labour).
Slaughter of Poultry Act 196720.
Sections 2, 3 and 5 of the Agriculture (Miscellaneous Provisions) Act 196821.
Part IV (except for section 78(10)), and section 108, of the Agriculture Act 197022.
Sections 17(2) and 19 of the Agriculture (Miscellaneous Provisions) Act 197223.
Section 6 of the European Communities Act 197224.
Sections 29 to 31 of the Rent (Agriculture) Act 197625.
Bees Act 198026.
Animal Health Act 1981 (except for section 57(1))27.
Agricultural Marketing Act 198328 (except for sections 6(3)(a) and 7 and paragraphs 10 and 11 of Schedule 1).
Pig Industry Levy Act 198329.
Sections 68, 69 and 69A of the Food Act 198430.
Section 3 of the Horticultural Produce Act 198631.
Sections 1(4), 6 and 9 of the Agriculture Act 198632.
Farm Land and Rural Development Act 198833.
Parts I and III of the Agriculture Act 199334.
Plant Varieties Act 199735.
(This note is not part of the Order)