Statutory Instruments
AGRICULTURE, ENGLAND
Made
23rd May 2002
Laid before Parliament
24th May 2002
Coming into force
1st July 2002
The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 68(1) and (1A), 69(1), 74A, 75(1), 76(1), 77(4), 78(6), 79(1) and 84 of the Agriculture Act 1970(1) (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000(2) and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002(3), after consultation as required by section 84(1) of that Act and by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4), and being a Minister designated(5) for the purposes of section 2(2) of the European Communities Act 1972(6) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by that last mentioned section (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), makes the following Regulations:
1970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”; the definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672, but the reserve power in paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (1998 c. 38) has been exercised in the case of these Regulations. Functions of “the Ministers” so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 68(1A) was inserted by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980) and section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.
S.I. 2000/656.
S.I. 2002/794.
OJ No. L31, 1.2.2002, p. 1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.
S.I. 1972/1811.
1972 c. 68. The enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (1993 c. 51).