The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002

Article 5(1)

SCHEDULE 1 CONSEQUENTIAL AMENDMENTS

Law of Property Act 1922 (c. 16)

1.  In the following provisions of Schedule 15 to the Law of Property Act 1922(1) for the word “Minister”, in each place where it appears, there shall be substituted “Secretary of State”—

(a) paragraph 6(2);

(b) paragraph 10(2);

(c) paragraph 12(2), (3), (5) and (6); and

(d) paragraph 16.

Settled Land Act 1925 (c. 18)

2.  In section 84(3) of the Settled Land Act 1925 for the word “Minister” there shall be substituted “Secretary of State”.

3.—(1) Section 88 of that Act shall be amended as follows.

(2) In subsection (1) for the word “Minister”, in both places where it appears, there shall be substituted “Secretary of State”.

(3) In subsection (3) for the word “Minister”, in both places where it appears, there shall be substituted “Secretary of State”.

(4) In subsection (4) for the word “Minister” there shall be substituted “Secretary of State”.

4.—(1) Section 115 of that Act shall be amended as follows.

(2) In subsection (1) for the word “Minister” there shall be substituted “Secretary of State”.

(3) In subsection (2) for the word “Minister” there shall be substituted “Secretary of State”.

(4) In subsection (3) for the word “Minister”, in both places where it appears, there shall be substituted “Secretary of State”.

5.—(1) Section 116(1) of that Act shall be amended as follows.

(2) For the word “Minister”, in the first place where it appears, there shall be substituted “Secretary of State”.

(3) For the words “Minister of Agriculture and Fisheries”(2) there shall be substituted “Secretary of State”.

Land Registration Act 1925 (c. 21)

6.  In section 144(1) of the Land Registration Act 1925 for the words “Minister of Agriculture and Fisheries”(3) there shall be substituted “Secretary of State”.

New Forest Act 1949 (c. 69)

7.  In section 1(c)(4) of the New Forest Act 1949 for the words “Minister of Agriculture and Fisheries” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

8.—(1) Section 16 of that Act shall be amended as follows.

(2) In subsection (4) for the words “said Ministers” there shall be substituted “Minister and the Secretary of State for Transport, Local Government and the Regions”.

(3) In subsection (7) for the words “said Ministers” there shall be substituted “Minister and the Secretary of State for Transport, Local Government and the Regions”.

(4) In subsection (9)(b), for the words “said Ministers” there shall be substituted “Minister and the Secretary of State for Transport, Local Government and the Regions”.

9.—(1) Section 17 of that Act shall be amended as follows.

(2) In subsection (3)(a) for the words “Minister of Transport” there shall be substituted “Secretary of State for Transport, Local Government and the Regions”.

(3) In subsection (5) for the words “Minister of Transport” there shall be substituted “Secretary of State for Transport, Local Government and the Regions”.

Public Records Act 1958 (c. 51)

10.  In Schedule 1 to the Public Records Act 1958, in Part 1 of the Table at the end of paragraph 3, for the words “Ministry of Agriculture, Fisheries and Food” there shall be substituted “Department for Environment, Food and Rural Affairs”.

New Forest Act 1964 (c. 83)

11.  In section 3(2) of the New Forest Act 1964 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

12.  In section 4(3) of that Act for the words “Minister of Transport” there shall be substituted “Secretary of State for Transport, Local Government and the Regions”.

Forestry Act 1967 (c. 10)

13.  In section 49(1) of the Forestry Act 1967(5), in the definition of “the Minister”—

(a) for the words “Schedules 1 and 3” there shall be substituted “Schedule 1”; and

(b) for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Parliamentary Commissioner Act 1967 (c. 13)

14.  In Schedule 2 to the Parliamentary Commissioner Act 1967(6), at the appropriate place, there shall be inserted “Department for Environment, Food and Rural Affairs”.

Medicines Act 1968 (c. 67)

15.—(1) Section 1(1) of the Medicines Act 1968 shall be amended as follows.

(2) In the definition of “the Agriculture Ministers”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

(3) In the definition of “the Ministers”—

(a) after the words “all the Ministers” there shall be inserted “for Northern Ireland”; and

(b) after the word “subsection” there shall be inserted “and the Secretary of State”.

16.—(1) Section 5 of that Act shall be amended as follows.

(2) In subsection (2) after the word “Ministers”, where it appears for the second time, there shall be inserted “specified in paragraphs (a) and (b) of section 1(1) of this Act”.

(3) In subsection (3) after the word “Ministers” there shall be inserted “specified in paragraphs (a) and (b) of section 1(1) of this Act”.

New Forest Act 1970 (c. 21)

17.—(1) Section 2 of the New Forest Act 1970 shall be amended as follows.

(2) In subsection (1) for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

(3) In subsection (3) for the words “Minister of Transport” there shall be substituted “Secretary of State for Transport, Local Government and the Regions”.

Poisons Act 1972 (c. 66)

18.  In paragraph 3 of Schedule 1 to the Poisons Act 1972 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

Land Drainage Act 1976 (c. 70)

19.  In paragraph 1(2) of Schedule 5 to the Land Drainage Act 1976 for the word “Minister” there shall be substituted “Secretary of State”.

Agricultural Statistics Act 1979 (c. 13)

20.  In section 6(1) of the Agricultural Statistics Act 1979, in the definition of “the appropriate Minister”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Diseases of Fish Act 1983 (c. 30)

21.  In section 7(8) of the Diseases of Fish Act 1983, in the definition of “the Minister”, in paragraph (a), for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

National Heritage Act 1983 (c. 47)

22.—(1) Section 24 of the National Heritage Act 1983 shall be amended as follows.

(2) In subsection (6) for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

(3) In subsections (7) and (8) for the words “that Minister’s consent” there shall, in each case, be substituted “the consent of the Secretary of State”.

23.  In section 25(1) of that Act for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

24.—(1) Section 29 of that Act shall be amended as follows.

(2) In subsection (1) for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

(3) In subsection (2) for the word “Minister” there shall be substituted “Secretary of State”.

25.—(1) Part IV of Schedule 1 to that Act shall be amended as follows.

(2) In paragraph 33, in sub-paragraph (2), for the words from “Minister of” to the end of the sub-paragraph there shall be substituted “Secretary of State”.

(3) In the following provisions for the word “Minister”, in each place where it appears, there shall be substituted “Secretary of State”—

(a) paragraph 33(3), (4) and (6);

(b) paragraph 34(1) and (6);

(c) paragraph 37;

(d) paragraph 39(4), (5) and (6); and

(e) paragraph 40(1), (3), (4) and (6).

Mineral Workings Act 1985 (c. 12)

26.  In section 9 of the Mineral Workings Act 1985, in the definition of “the Minister”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Agricultural Holdings Act 1986 (c. 5)

27.  In section 96(1) of the Agricultural Holdings Act 1986, in the definition of “the Minister”, in paragraph (a), for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Agriculture Act 1986 (c. 49)

28.  In section 17(2) of the Agriculture Act 1986, in the definition of “the Minister”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

29.  In section 18(11) of that Act, in the definition of “the Minister”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

30.  In paragraph 18(1) of Schedule 1 to that Act, in the definition of “the Minister”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Income and Corporation Taxes Act 1988 (c. 1)

31.  In section 486(12) of the Income and Corporation Taxes Act 1988, in the definition of “the Minister”, for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Farm Land and Rural Development Act 1988 (c. 16)

32.  In section 1(5) of the Farm Land and Rural Development Act 1988, in the definition of “the appropriate Minister”, in paragraph (a), for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Scotch Whisky Act 1988 (c. 22)

33.  The definition of “the Ministers” in section 3(1) of the Scotch Whisky Act 1988(7) shall, so far as it applies in relation to England and Wales, have effect as if for the reference to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly there were substituted a reference to the Secretary of State.

Deer Act 1991 (c. 54)

34.  In section 7(7)(a) of the Deer Act 1991 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Protection of Badgers Act 1992 (c. 51)

35.  In section 10(5)(a) of the Protection of Badgers Act 1992 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Merchant Shipping Act 1995 (c. 21)

36.  In section 15(6)(a) of the Merchant Shipping Act 1995 for the word “General,” there shall be substituted “General or”.

Employment Rights Act 1996 (c. 18)

37.  In section 35(3)(b) of the Employment Rights Act 1996 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Food Standards Act 1999 (c. 28)

38.  In section 29(4) of the Food Standards Act 1999 for the words “the Minister of Agriculture, Fisheries and Food” there shall be substituted “each Secretary of State having responsibility for any matters connected with the regulation of veterinary products”.

Regulation of Investigatory Powers Act 2000 (c. 23)

39.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 there shall be inserted at the appropriate place “The Department for Environment, Food and Rural Affairs”.

Fur Farming (Prohibition) Act 2000 (c. 33)

40.  In section 5(1) of the Fur Farming (Prohibition) Act 2000 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

41.  In section 6(a) of that Act for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

42.  In section 7(2) of that Act for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Countryside and Rights of Way Act 2000 (c. 37)

43.—(1) Section 29 of the Countryside and Rights of Way Act 2000 shall be amended as follows.

(2) In subsection (2)(a) for the words “appropriate Minister” there shall be substituted “Secretary of State”.

(3) In subsection (3) for the words “appropriate Minister”, in both places where they appear, there shall be substituted “Secretary of State”.

44.—(1) Section 30 of that Act shall be amended as follows.

(2) In subsection (3)(a) for the words “appropriate Minister” there shall be substituted “Secretary of State”.

(3) In subsection (4) for the words “appropriate Minister”, in both places where they appear, there shall be substituted “Secretary of State”.

Protection of Animals (Amendment) Act 2000 (c. 40)

45.  In section 1(3)(e) of the Protection of Animals (Amendment) Act 2000 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State”.

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 (S.I. 2000/181)

46.  In article 4(3) of the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 (S.I. 2000/1081)

47.  In article 9(1)(a) of the Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 for the words “Minister of Agriculture, Fisheries and Food” there shall be substituted “Secretary of State for Environment, Food and Rural Affairs”.

Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 (S.I. 2000/2417)

48.  In Part 1 of the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000—

(a) for the words in the first column “Ministry of Agriculture, Fisheries and Food” there shall be substituted “Department for Environment, Food and Rural Affairs”; and

(b) for the words in the second column “MAFF Investigation Branch” there shall be substituted “DEFRA Investigation Branch”.

Article 5(2)

SCHEDULE 2 REPEALS AND REVOCATIONS

Chapter	Short title	Extent of repeal or revocation
52 & 53 Vict. c.30.	The Board of Agriculture Act 1889.	Section 5(1) and (2). Sections 6 to 8.
3 Edw. 7 c.31.	The Board of Agriculture and Fisheries Act 1903.	Section 2(2).
9 Edw. 7 c.15.	The Board of Agriculture and Fisheries Act 1909.	Section 1(1).
9 & 10 Geo. 5 c.91.	The Ministry of Agriculture and Fisheries Act 1919.	In section 1, in subsection (1), the words from the beginning to “pleasure”, and subsection (2).
12 & 13 Geo. 5 c.16.	The Law of Property Act 1922.	Section 188(31).
15 & 16 Geo. 5 c.18.	The Settled Land Act 1925.	Section 117(1)(xvi).
9 & 10 Eliz. 2 c.6.	The Ministers of the Crown (Parliamentary Secretaries) Act 1960.	In Schedule 1, the entries relating to the Board of Agriculture Act 1889 and the Board of Agriculture and Fisheries Act 1909.
1967 c. 10.	The Forestry Act 1967.	Section 15(8). Section 19(4). In section 49(1), in the definition of “the Minister”, the words “sections 15(8) and 19(4), and”. In Schedule 3, paragraph 4.
1967 c. 13.	The Parliamentary Commissioner Act 1967.	In Schedule 2, the entry relating to the Ministry of Agriculture, Fisheries and Food.
1968 c. 67.	The Medicines Act 1968.	In section 1(1), in the definition of “the Ministers”, the word “all” where it appears for the first time. In section 5(2), the words “and the Minister of Agriculture, Fisheries and Food” and the word “jointly”.
1974 c. 37.	The Health and Safety at Work etc. Act 1974.	In section 15(1), the words from “, the Minister” to “jointly”. In section 43(6), the words from “, the Minister” to “jointly”. In section 49(4), the words from “, the Minister” to “jointly”. In section 52(3), the words from “, the Minister” to “jointly”. In section 80(4), the words from “, the Minister” to “jointly”.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Schedule 2, the words “Minister of Agriculture, Fisheries and Food.”.
1975 c. 27.	The Ministerial and other Salaries Act 1975.	In Part 1 of Schedule 1, the entry relating to the Minister of Agriculture, Fisheries and Food.
1981 c. 22.	The Animal Health Act 1981.	In section 86(2), the words from “the Ministry” to “1919, and”.
1981 c. 69.	The Wildlife and Countryside Act 1981.	Section 52(5).
1986 c. 49.	The Agriculture Act 1986.	In section 18(2)(a), the words “the Secretary of State,”.
1988 c. 22.	The Scotch Whisky Act 1988.	In section 3(1), in the definition of “the Ministers”, the words from “except” to “not act”.
1990 c. 8.	The Town and Country Planning Act 1990.	Section 15(3). Section 18(3). Section 43(6). Section 44(3).
1990 c. 16.	The Food Safety Act 1990.	In section 6, in subsection (3), the words “, the Minister of Agriculture, Fisheries and Food” and, in subsection (4)(a), the words “, the Minister of Agriculture, Fisheries and Food,”.
1991 c. 56.	The Water Industry Act 1991.	In section 3(1), paragraph (b). In section 5(2), the words “and the Minister of Agriculture, Fisheries and Food” and “each”. In section 207(2), the words “, the Minister of Agriculture, Fisheries and Food”.
1995 c. 21.	The Merchant Shipping Act 1995.	In section 15, in subsection (6)(a), the words “or the Minister” and, in subsection (7), paragraph (a) and the word “and” at the end of that paragraph.
1999 c. 28.	The Food Standards Act 1999.	In section 29, in subsection (1), the words “The Minister of Agriculture, Fisheries and Food, and” and, in subsection (3), the words “The Minister or”. In section 30(8)(a), the words “and the Minister of Agriculture, Fisheries and Food, acting jointly”.
S.I. 1999/1820.	The Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999.	In Schedule 2, paragraph 90.
2000 c. 23.	The Regulation of Investigatory Powers Act 2000.	In Part 1 of Schedule 1, the entry relating to the Ministry of Agriculture, Fisheries and Food.
2000 c. 37.	The Countryside and Rights of Way Act 2000.	In section 29, in subsection (4), the words from “but” to the end of the subsection and, in subsection (5), the definition of “the appropriate Minister”. In section 30, in subsection (5), the words from “but” to the end of the subsection, and subsection (6).

(1)

Schedule 15 was amended by section 2 of, and Schedule 2 to, the Law of Property (Amendment) Act 1924 (c. 5).

(2)

The reference in section 116(1) to the Minister of Agriculture and Fisheries has effect as a reference to the Minister of Agriculture, Fisheries and Food by virtue of the 1955 Order, art. 3.

(3)

The reference in section 144(1) to the Minister of Agriculture and Fisheries has effect as a reference to the Minister of Agriculture, Fisheries and Food by virtue of the 1955 Order, art. 3.

(4)

The reference in section 1(c) to the Minister of Agriculture and Fisheries has effect as a reference to the Minister of Agriculture, Fisheries and Food by virtue of the 1955 Order, art. 3.

(5)

The definition of “the Minister” was substituted by the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999, art. 3 and Sch. 12, para. 4(38). Functions were also transferred by the Assembly Order, art. 2 and Sch. 1.

(6)

Schedule 2 was substituted by section 1(2) of, and Schedule 1 to, the Parliamentary and Health Service Commissioners Act 1987 (c. 39).

(7)

Functions have been transferred by section 53 of the Scotland Act 1998 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), art. 2 and para. 11 of the Schedule. The definition of “the Ministers” was amended by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999, art. 4 and Sch. 2, para. 90.