Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Food (Scotland) Act 2015

Type Act of the Scottish Parliament

Publication 2015-01-13

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — FOOD STANDARDS SCOTLAND

Food Standards Scotland

Meanings of “food” and “animal feeding stuffs”

1

There is established a body corporate called Food Standards Scotland or, in Gaelic, Inbhe-Bidhe Alba.

Objectives

2

(1) The objectives of Food Standards Scotland are—

(a) to protect the public from risks to health which may arise in connection with the consumption of food,

(b) to improve the extent to which members of the public have diets which are conducive to good health,

(2) The risks referred to in subsection (1)(a) include risks caused by the way in which food is produced or supplied.

(3) Food Standards Scotland must so far as reasonably practicable perform its functions in a way—

(a) which is compatible with its objectives, and

(b) which it considers most appropriate for the purpose of meeting those objectives.

General functions

3

(1) The general functions of Food Standards Scotland are—

(a) to develop (and assist the Scottish Ministers and public bodies and office-holders to develop) policies in relation to food matters and animal feeding stuffs matters,

(b) to advise, inform and assist the Scottish Ministers and public bodies and office-holders and other persons in relation to food matters and animal feeding stuffs matters,

(c) to keep the public adequately informed about and advised in relation to matters which significantly affect their capacity to make informed decisions about food matters,

(d) to keep users of animal feeding stuffs adequately informed about and advised in relation to matters which significantly affect their capacity to make informed decisions about animal feeding stuffs matters, and

(e) to monitor the performance of, and promote best practice by, enforcement authorities in enforcing food legislation.

(2) Food Standards Scotland must so far as reasonably practicable comply with a request by the Scottish Ministers that—

(a) in pursuance of subsection (1)(a), it develops a policy, or assists the Scottish Ministers or a public body or office-holder to develop a policy, in relation to a particular matter,

(b) in pursuance of subsection (1)(b), it gives advice, information or assistance to the Scottish Ministers, a public body or office-holder or another person, in relation to a particular matter,

(d) in pursuance of subsection (1)(d), it informs or advises users of animal feeding stuffs in relation to a particular matter.

Governance and accountability

4

(1) Food Standards Scotland must so far as reasonably practicable operate in a way which—

(a) is proportionate, transparent and accountable,

(b) constitutes good decision-making practice,

(d) is consistent with any other principle of good governance which appears to it to constitute best practice.

(2) “Good decision-making practice” means—

(a) consulting people who may be affected by decisions before taking them,

(b) having good information on which to take decisions and taking decisions based on that information,

(d) making decisions and the reasons for them publicly available.

(3) The persons referred to in subsection (1)(c) are—

(a) the Scottish Ministers,

(b) public bodies and office-holders with functions in relation to food matters or animal feeding stuffs matters.

Statement on performance of functions

5

(1) Food Standards Scotland must prepare for approval by the Scottish Ministers a statement setting out how it intends to perform its functions.

(2) The statement must include information on how Food Standards Scotland intends—

(a) to meet its objectives, and

(b) to operate in accordance with section 4.

(3) The statement must be submitted to the Scottish Ministers by such time as they may direct.

(4) The Scottish Ministers may approve the statement with such modifications as they consider appropriate.

(5) Before approving the statement with modifications the Scottish Ministers must consult Food Standards Scotland.

(6) As soon as practicable after the statement is approved under subsection (4), Food Standards Scotland must—

(a) lay a copy of it before the Scottish Parliament, and

(b) publish it (in such manner as Food Standards Scotland considers appropriate).

(7) Food Standards Scotland—

(a) must review the statement from time to time, and

(b) may in consequence prepare and submit to the Scottish Ministers a revised statement.

(8) Subsections (2) and (4) to (7) apply to a revised statement as they apply to the original statement.

Membership

Number and appointment of members

6

(1) Food Standards Scotland is to consist of—

(a) a person appointed by the Scottish Ministers to chair Food Standards Scotland, and

(b) no fewer than 3 nor more than 7 other members appointed by the Scottish Ministers.

(2) A person may not be appointed as a member if the person is—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(d) an office-holder in the Scottish Administration,

(e) a councillor of any local authority,

(f) an employee of any local authority.

(3) The Scottish Ministers must make appointments of members of Food Standards Scotland in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(4) In subsection (3), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998.

(5) Membership is (subject to sections 7 and 18) for such period and on such terms and conditions as the Scottish Ministers may determine.

(6) A member may resign by informing the Scottish Ministers in writing to that effect.

(7) A person may be re-appointed on, or after, ceasing to be a member.

(8) The Scottish Ministers may assign to one of the members appointed under subsection (1)(b)—

(a) the function of deputising for the person appointed under subsection (1)(a),

(b) the function of chairing Food Standards Scotland during any period when there is no person appointed under subsection (1)(a).

(9) A member to whom such a function is assigned—

(a) is assigned the function for such period as the Scottish Ministers may specify in the assignment,

(b) may resign the assignment by informing the Scottish Ministers in writing to that effect,

(c) is assigned and ceases to be assigned the function in accordance with such terms and conditions as the Scottish Ministers may determine.

Early ending of membership

7

(1) A person's membership of Food Standards Scotland ends if the person becomes—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(d) an office-holder in the Scottish Administration,

(e) a councillor of any local authority,

(f) an employee of any local authority.

(2) The Scottish Ministers may end a person's membership of Food Standards Scotland if—

(a) the person becomes an undischarged bankrupt, or

(b) the Scottish Ministers are satisfied that the person—

(i) has, without the permission of Food Standards Scotland, been absent from its meetings for a period longer than 6 consecutive months,

(ii) is unable to perform the functions of a member, or

(iii) is unsuitable to continue as a member.

Remuneration and expenses of members

8

(1) A member of Food Standards Scotland is entitled to—

(a) such remuneration as the Scottish Ministers may determine,

(b) such sums as the Scottish Ministers may determine to reimburse or compensate the member in relation to expenses properly incurred in the exercise of the member's functions.

(2) It is for Food Standards Scotland to pay any remuneration and other sums to which its members are entitled by virtue of subsection (1).

Staff

Chief executive

9

(1) Food Standards Scotland is to have, as a member of staff, a chief executive.

(2) The first chief executive is to be appointed by the Scottish Ministers on such terms and conditions as they determine.

(3) Before appointing the first chief executive, the Scottish Ministers must consult Food Standards Scotland.

(4) Food Standards Scotland may, with the approval of the Scottish Ministers, appoint subsequent chief executives on such terms and conditions as it, with the approval of the Scottish Ministers, determines.

Other staff

10

(1) Food Standards Scotland may appoint staff other than the chief executive.

(2) Members of staff are to be appointed on such terms and conditions as Food Standards Scotland, with the approval of the Scottish Ministers, determines.

(3) The number of staff is not to exceed any maximum that the Scottish Ministers may determine.

Operational matters

Proceedings

11

It is for Food Standards Scotland to regulate its procedure (including any quorum).

Committees

12

(1) Food Standards Scotland may establish committees.

(2) A committee established by Food Standards Scotland may include as a member a person who is not a member of Food Standards Scotland.

(3) Such a person is entitled to—

(a) such remuneration as Food Standards Scotland may determine,

(b) such sums as Food Standards Scotland may determine to reimburse or compensate the person in relation to expenses properly incurred in the exercise of the person's functions.

(4) It is for Food Standards Scotland to pay any remuneration and other sums to which such a person is entitled by virtue of subsection (3).

(5) It is for Food Standards Scotland to regulate the procedure (including any quorum) of any committee established by it.

Validity of things done

13

The validity of anything done by Food Standards Scotland or its committees is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member,

Authority to exercise functions

14

(1) Food Standards Scotland may authorise the exercise of any of its functions by—

(a) one (or some) of its members,

(b) a committee established by it, or

(2) Subsection (1)(c) does not apply in relation to––

(a) the function of giving authorisations under section 21(1),

(b) the function of giving authorisations under section 28(1).

(3) Authorisation for the purposes of this section may be general or limited to the exercise of the function in specific circumstances.

(4) This section does not affect the responsibility of Food Standards Scotland for the exercise of its functions.

Annual and other reports

15

(1) As soon as practicable after the end of each financial year, Food Standards Scotland must prepare and publish an annual report on the exercise of its functions during that financial year.

(2) An annual report must contain Food Standards Scotland's assessment of its performance of its functions in relation to—

(a) the statement of performance of functions under section 5 applying during the financial year to which the annual report relates, or

(b) if more than one statement of performance of functions applied during the financial year, each such statement for the period during the financial year when the statement applied.

(3) Subject to subsections (1) and (2), it is for Food Standards Scotland to determine the content of an annual report.

(4) It is for Food Standards Scotland to determine—

(a) the form of an annual report, and

(b) the manner of publication.

(5) As soon as practicable after publishing an annual report, Food Standards Scotland must—

(a) send a copy of the report to the Scottish Ministers,

(b) lay a copy of the report before the Scottish Parliament.

(6) Food Standards Scotland may lay a copy of any other report prepared by it before the Scottish Parliament.

General powers

16

(1) Food Standards Scotland may do anything which it considers necessary or expedient for the purposes of or in connection with its functions.

(2) Food Standards Scotland may not however—

(a) determine the location of its office without the approval of the Scottish Ministers,

(b) make charges for facilities or services provided by it at the request of any person which exceed the reasonable cost of providing the facilities or services concerned.

Legislation relating to public bodies

Application of legislation relating to public bodies

17

(1) In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), after the entry relating to the Crofting Commission insert— “ Food Standards Scotland ”.

(2) In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), after paragraph 22 insert—

(22A) Food Standards Scotland.

(3) In the Freedom of Information (Scotland) Act 2002, in schedule 1 (Scottish public authorities), after paragraph 7A insert—

(7B) Food Standards Scotland.

(4) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (specified authorities), after the entry relating to the Crofting Commission insert— “ Food Standards Scotland ”.

(5) In the Public Services Reform (Scotland) Act 2010—

(a) in schedule 8 (information on exercise of public functions: listed public bodies), after the entry relating to the Drinking Water Quality Regulator for Scotland insert— “ Food Standards Scotland ”,

(b) in schedule 19 (persons subject to the user focus duty), after the entry relating to the Drinking Water Quality Regulator for Scotland insert— “ Food Standards Scotland ”,

(c) in schedule 20 (persons subject to the duty of co-operation), after the entry relating to the Accounts Commission for Scotland insert— “ Food Standards Scotland ”.

(6) In the Public Records (Scotland) Act 2011, in the schedule (authorities to which Part 1 applies), after the entry relating to the Drinking Water Quality Regulator for Scotland insert— “ Food Standards Scotland ”.

(7) In the Regulatory Reform (Scotland) Act 2014, in schedule 1 (regulators for the purposes of Part 1), before the entry relating to Healthcare Improvement Scotland insert— “ Food Standards Scotland ”.

(8) In the Procurement Reform (Scotland) Act 2014, in Part 1 of the schedule (contracting authorities: Scottish Administration and Scottish Parliament), after paragraph 13A insert—

(13B) Food Standards Scotland

Step-in powers

Serious failure

18

(1) This section applies where the Scottish Ministers consider that there has been a serious failure by Food Standards Scotland to exercise any of its functions.

(2) The Scottish Ministers may give Food Standards Scotland such directions as they consider appropriate to remedy the failure.

(3) But before doing so, the Scottish Ministers must consult Food Standards Scotland.

(4) A direction under this section—

(a) must be in writing,

(b) must include a statement summarising the reasons for giving it.

(5) The Scottish Ministers must publish any direction under this section (in such manner as they consider appropriate).

(6) If Food Standards Scotland fails to comply with a direction under this section, the Scottish Ministers may give effect to it (and for that purpose, may exercise any function of Food Standards Scotland in place of it).

(7) If Food Standards Scotland fails to comply with a direction under this section, the Scottish Ministers—

(a) may end the membership of all its members, and

(b) may, until new members are appointed, exercise any function of Food Standards Scotland in place of it (or appoint any other person to do so).

Acquisition of information

Duty to acquire, compile and keep under review relevant information

19

(1) For the purpose of enabling it to perform its other functions effectively and to operate in accordance with section 4, Food Standards Scotland is to acquire, compile and keep under review information about food matters and animal feeding stuffs matters.

(2) The function in subsection (1) includes in particular—

(a) monitoring developments in science, technology and other fields of knowledge relating to food matters and animal feeding stuffs matters,

(b) carrying out, commissioning or co-ordinating research on food matters and animal feeding stuffs matters.

Observations with a view to obtaining information

20

(1) For the purpose of exercising its function under section 19, Food Standards Scotland may carry out observations (or arrange for observations to be carried out on its behalf by any other person) with a view to obtaining information about—

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