Title, extent and commencement1.
These Regulations may be cited as the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000, shall extend to England and Wales and shall come into force on 1st April 2000.
Interpretation2.
(1)
In these Regulations—
“the 1999 Act” means the Food Standards Act 1999;
“instrument” means any instrument (other than any statutory instrument) relating to a transferred function, issued or made by or on behalf of a Minister of the Crown or the National Assembly for Wales, jointly by any one or more Ministers of the Crown or jointly by any one or more of those Ministers jointly with that Assembly, including—
(a)
appointments (other than any appointment to an advisory committee);
(b)
approvals, authorisations, licences, provisional licences and registrations;
(c)
certificates;
(d)
codes of practice;
(e)
designations;
(f)
notices;
(g)
operation manuals, and other documents containing guidance, relating to the protection of public health from risks which may arise in connection with the consumption of food (including risks caused by the way in which it is produced or supplied) or otherwise relating to the protection of the interests of consumers in relation to food;
(h)
schemes and byelaws; and
(i)
warrants;
“the Minister” means the Minister of Agriculture, Fisheries and Food and “the Ministry” shall be construed accordingly; and
“transferred function” means any function—
(a)
of the Minister referred to in—
- (i)
subsection (1) of section 26 of the 1999 Act (statutory functions of the Minister ceasing to be exercisable by him);
- (ii)
- (iii)
the entries in Schedule 6 of the 1999 Act relating to the repeals of provisions of the Food Safety Act 1990 (other than sections 25 and 26(3)),
which relates to functions falling to the Agency under or by virtue of the 1999 Act; or
(b)
exercisable by the Agency, instead of a Minister of the Crown or the National Assembly for Wales, after the coming into force of these Regulations by virtue of regulations 3 to 12(1) below (consequential provisions),
but does not include any exercise of the powers referred to in regulation 13(1)(c) or (d) below.
(2)
Unless the context otherwise requires, any reference in these Regulations to a numbered Schedule, or a numbered Part of a Schedule, shall be construed as a reference to the Schedule or Part of the Schedule bearing that number in these Regulations.
Regulations relating to dairy products, egg products and egg hygiene: consequential provisions3.
(1)
(2)
(3)
(4)
(5)
Regulations relating to feedingstuffs: consequential provisions4.
(1)
(2)
(3)
(4)
Regulations relating to general food hygiene, temperature control and fish and shellfish hygiene: consequential provisions5.
(1)
(2)
(3)
Regulations relating to meat hygiene, etc.: consequential provisions6.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Regulations relating to imports and exports: consequential provisions7.
(1)
(2)
Regulations relating to food irradiation and novel foods: consequential provisions8.
(1)
(2)
(3)
Emergency Control Orders: consequential provisions9.
(1)
(2)
(3)
Other enactments: consequential provisions10.
(1)
(2)
(3)
(4)
(5)
Monitoring of enforcement action, etc.: consequential provisions11.
Instruments, orders and judgements: consequential provisions12.
(1)
Subject to the following paragraphs of this regulation, any provision relating to a transferred function—
(a)
in an instrument made before the coming into force of these Regulations; or
(b)
in a court order or judgment made or given before the coming into force of these Regulations,
shall have effect, so far as may be necessary or expedient in preparation for, in connection with, or in consequence of the transfer of that function to the Agency, as if any references in that provision (including any references which are to be construed as such references) to, or to the officers of, the Minister, the Ministry, the Secretary of State for Health or the National Assembly for Wales, were references to the Agency, or to its officers, as the context may require.
(2)
Paragraph (1) above shall not apply—
(a)
to any authorisation, licence or provisional licence issued for the purposes of the Welfare of Animals (Slaughter or Killing) Regulations 1995 in force at the coming into force of these Regulations; or
(b)
to any relevant designation after the expiry of the period of six months beginning at the coming into force of these Regulations.
(3)
Paragraph (1) above shall apply to provisions of codes of practice issued under section 40 of the Food Safety Act 1990 before the coming into force of these Regulations but shall not apply so as to treat the authority by which the code was issued as altered.
(4)
For the purposes of paragraph (2)(b) above, a “relevant designation” is a designation of an official veterinary surgeon, in force at the coming into force of these Regulations, under or for any purpose relating to—
(a)
the Fresh Meat (Hygiene and Inspection) Regulations 1995;
(b)
the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or
(c)
the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
Transitional provisions and savings13.
(1)
The transfer to the Agency of any transferred function shall not affect—
(a)
the validity of anything done, or having effect as if done, by or on behalf of the Minister before the coming into force of the provision by or under which the function is transferred;
(b)
the power of the Minister to act on behalf of the Agency in carrying out its functions;
(c)
the power of the Minister to act as competent authority for the purposes of—
(i)
(ii)
(d)
the power of the Minister to join with the Secretary of State in making Regulations under the Food Safety Act 1990 in relation to—
(i)
residues of veterinary products (as defined in section 29(2) of the 1999 Act) in food or food sources; and
(ii)
charges for inspection in relation to such residues.
(2)
Anything (including legal proceedings or anything in connection with legal proceedings) which at the coming into force of these Regulations is in the process of being done by or in relation to the Minister, so far as it relates to a transferred function, may be continued by or in relation to the Agency.
(3)
Anything (including legal proceedings or anything in connection with legal proceedings) done or having effect as if done before the coming into force of these regulations by or in relation to the Minister, so far as it relates to a transferred function, shall have effect as if done by or in relation to the Agency.
(4)
In so far as any existing Regulations or Orders made or having effect as if made by the Minister under the Food Safety Act 1990, including any Regulations or Orders made or having effect as if made under that Act by the Minister jointly with the Secretary of State for Health, any other named Secretary of State or the National Assembly for Wales, are in force at the coming into force of these Regulations, the powers of the Minister to revoke, amend or re-make the Regulations or Orders shall be exercisable, in the same manner and subject to the same conditions, by the Secretary of State.
(5)
Where any property, right or liability of a Minister of the Crown is transferred to the Agency by virtue of a scheme made under section 41 of the 1999 Act—
(a)
if the authority making the scheme certifies that the property, right or liability has been transferred to the Agency by virtue of subsection (4) of that section, on a day appointed by the scheme for the transfer of the property, right or liability, the certificate shall be conclusive evidence for all purposes of any fact stated in it with respect to the effect of that subsection in relation to the transfer; and
(b)
paragraphs (3) and (4) above shall not apply on and after that day to the property, right or liability transferred.
Transitional provisions and savings relating to powers to make Regulations under Part IV of the Agriculture Act 197014.
(1)
(2)
The Secretary of State for Health may, jointly with, or instead of, the Minister, exercise the power conferred on him by paragraph (1) above.
(3)
Any consultation undertaken wholly or partly before the coming into force of these Regulations relating to Regulations made under or partly under the power conferred on the Secretary of State for Health by paragraph (1) above shall be as effective for the purposes of the exercise of that power as if undertaken after these Regulations come into force.
(4)
For the purposes of the exercise of the power conferred on the Secretary of State for Health by paragraph (1) above the Agency shall consult with such persons or organisations as appear to it to represent the interests concerned; and the consultation shall be as effective for the purposes of section 84 of the Agriculture Act 1970 as if undertaken under that section.
Signed by authority of the Secretary of State for Health