The Food Safety (Ships and Aircraft) (England and Scotland) Order 2003

Title, commencement and extent

1.  This Order may be cited as the Food Safety (Ships and Aircraft) (England and Scotland) Order 2003; it comes into force on 18th August 2003 and extends to England and Scotland only.

Interpretation

2.—(1) In this Order—

“the Act” means the Food Safety Act 1990;

“exempt ship or aircraft” means any sovereign immune ship or aircraft or any ship of a State other than the United Kingdom which is exercising the right of innocent passage through that part of the United Kingdom territorial sea adjacent to England or Scotland;

“home-going ship” means a ship which is engaged exclusively in—

(a)

plying in internal waters, or

(b)

excursions which last not more than one day, start and end in Great Britain and do not involve calling at any place outside Great Britain;

“innocent passage” has the same meaning as it has for the purposes of Part II Section 3A of the United Nations Convention on the Law of the Sea;

“internal waters” has the same meaning as it has for the purposes of Article 8(1) of the United Nations Convention on the Law of the Sea;

“the principal Hygiene and Temperature Control provisions” means—

(a)

in relation to England, the Food Safety (General Food Hygiene) Regulations 1995(1), except regulation 4A of and Schedule 1A to those Regulations (licences for butchers' shops), and the Food Safety (Temperature Control) Regulations 1995(2), except regulations 4 to 9 and 12 and Part III of those Regulations; and

(b)

in relation to Scotland, the Food Safety (General Food Hygiene) Regulations 1995(3), except regulation 4A of and Schedule 1A to those Regulations (licences for butchers' shops), and the Food Safety (Temperature Control) Regulations 1995(4) except Part II and regulations 13 to 15 of those Regulations;

“sovereign immune ship or aircraft” means a ship or aircraft belonging to a State other than the United Kingdom and which is not in use for commercial purposes;

“territorial sea” has the same meaning as it has for the purposes of the Territorial Sea Act 1987(5).

Ships and aircraft as premises for specified purposes

3.  “Premises” shall include any ship or aircraft of a description specified in the Schedule to this Order for any purpose of the Act or regulations or orders made under it as is specified in that Schedule in relation to that ship or aircraft.

Signed by authority of the Secretary of State for Health

Melanie Johnson

Parliamentary Under-Secretary of State,

Department of Health

17th July 2003