The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2017

Statutory Instruments

2017 No. 1032

Food

The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2017

Made

26th October 2017

Laid before Parliament

30th October 2017

Coming into force

27th November 2017

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 13(1), (3) and (4)(a) and (g) of the Social Security Act 1988(1) (“the 1988 Act”) and section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992(2).

In accordance with section 13(2) of the 1988 Act, the Secretary of State has consulted with the Scottish Ministers and the Welsh Ministers(3).

(1)

1988 c.7 (“the 1988 Act”). Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43). The power conferred by section 13(1) to prescribe descriptions of food is exercisable by the Secretary of State only in relation to the operation of a scheme in England. It is exercisable by the Welsh Ministers in relation to the operation of a scheme in Wales by virtue of section 13(6) of the 1988 Act; and by the Scottish Ministers in relation to the operation of a scheme in Scotland by virtue of article 2 of, and the Schedule to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No.3) Order 2006 (S.I. 2006/3258). See section 13(11) for the definitions of “prescribed” and “regulations”.

(2)

1992 c.4. Section 175(3) to (5) was applied by section 15A(1) of the 1988 Act which itself was inserted by paragraph 8(10) of Schedule 6 to the Social Security Act 1990 (c.27) and amended by paragraph 96 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c.6).

(3)

Functions conferred or imposed on the National Assembly for Wales immediately before the appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c.32) (“GOWA”) by an enactment contained in an Act were transferred to the Welsh Ministers by paragraph 30(2) of Schedule 11 to GOWA.