Agriculture Act 1970

• (4) For the purposes of performing its duty under the provisions of this Part of this Act, a council must appoint—

• (a) an agricultural analyst, and if it thinks fit, one or more deputy analysts, and

• (b) such inspectors as may be necessary.

• (5) In so far as it applies to fertiliser, a person may be appointed as an inspector or as agricultural analyst or deputy agricultural analyst for the areas of two or more councils by those councils acting jointly.

• (6) In so far as it applies to fertiliser if the Scottish Ministers are of opinion that this Part of this Act has been insufficiently enforced in the area of any council the Scottish Ministers may appoint one or more inspectors to exercise in that area the powers exercisable by inspectors appointed by the council, and any expenses certified by the Scottish Ministers as having been incurred by the Scottish Ministers under this subsection in respect of that area must be repaid to the Scottish Ministers, on demand, by the council in question.

• (7) A person must not be appointed as agricultural analyst or deputy agricultural analyst unless that person has the prescribed qualifications.

• (8) Nothing in this section shall be taken as authorising Food Standards Scotland or any council to institute proceedings for an offence.

72A

• (1) Where Food Standards Scotland may delegate any function under this Part of this Act, it may delegate the function to any person.

• (2) Before delegating, Food Standards Scotland must consult the person to whom any delegation is to be made.

• (3) Where Food Standards Scotland delegates any function, it must specify the function and the area within which that function is to be performed.

• (4) Where Food Standards Scotland has delegated any function, Food Standards Scotland may vary, suspend or cancel that delegation, in whole or in part.

• (5) Food Standards Scotland must publish and maintain an up to date register containing the details and operative date of any delegation.

Limits of variation.

Inspector’s power to enter premises and take samples.

Modifications of Part IV in application to Northern Ireland.

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In Schedule 8, in Part II, in the first entry, for the words from “the application" to the end of the entry, there shall be substituted the words “ any regulations made under section 52(2) of the Agriculture Act 1970 ”, and in the second entry, for the words “not authorised by Part IV of this Act" there shall be substituted the words “not authorised by Part III of the Agriculture Act 1970"

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Farm capital grants.

Supplementary provisions as to farm capital grants.

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Miscellaneous amendments relating to amalgamations.

Provisions as to Wales (including Monmouth-shire).

Interpretation of Part IV.

Enforcement authorities and appointment of inspectors and analysts.

Marking of material prepared for sale.

Limits of variation.

Purchaser’s right to have sample taken and analysed.

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At the end of section 12 there shall be added the following proviso:-

In Schedule 8, in Part II, in the first entry, for the words from “the application" to the end of the entry, there shall be substituted the words “ any regulations made under section 52(2) of the Agriculture Act 1970 ”, and in the second entry, for the words “not authorised by Part IV of this Act" there shall be substituted the words “not authorised by Part III of the Agriculture Act 1970"

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