Food Act 1984

he may by order empower an officer of his department to execute and enforce, or procure the execution and enforcement of, those provisions in relation to that kind of food.

Expenses under ss.113 and 114

115

• (1) Any expenses—

• (a) incurred by the appropriate Minister within the meaning of section 113 in discharging any functions of a council or joint board where he has by order under that section transferred those functions to himself, or

• (b) incurred by the Minister or his officer under section 114,

shall be paid in the first instance out of moneys provided by Parliament, but the amount of those expenses as certified by the appropriate Minister or the Minister, as the case may be, shall on demand be paid to him by the body in default, and shall be recoverable by him from them as a debt due to the Crown.

• (2) For the purpose of raising the money so required the council or the joint board, or the food and drugs authority, as the case may be, shall have the like power as they have of raising money for defraying expenses incurred directly by them as such a council, board or authority.

• (3) The payment of the expenses mentioned in subsection (1) shall to such extent as may be sanctioned by the Minister be a purpose for which a local authority, port health authority or joint board may borrow money in accordance with the statutory provisions relating to borrowing by such an authority or board.

Protection

Officer acting in good faith

116

• (1) An officer of a council is not personally liable in respect of any act done by him—

• (a) in the execution or purported execution of this Act, and

• (b) within the scope of his employment,

if he did that act in the honest belief that his duty under this Act required or entitled him to do it.

• (2) Nothing in subsection (1) shall be construed as relieving a council from any liability in respect of the acts of their officers.

• (3) Where—

• (a) an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Act, and

• (b) the circumstances are such that he is not legally entitled to require the council to indemnify him,

the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied—

• (i) that he honestly believed that the act complained of was within the scope of his employment; and

• (ii) that his duty under this Act required or entitled him to do it.

• (4) A public analyst appointed by a food and drugs authority shall for the purposes of this section be treated as being an officer of the authority whether or not he is employed whole-time.

Liability to rates no disqualification

117

A judge of any court or a justice of the peace shall not be disqualified from acting in cases arising under this Act by reason only of his being as one of several ratepayers, or as one of any other class of persons, liable in common with the others to contribute to, or be benefited by, any rate or fund out of which any expenses of a council are to be defrayed.

Subordinate legislation

Certain regulations and orders

118

• (1) Regulations made under Part I of this Act, Milk and Dairies Regulations and Milk (Special Designation) Regulations, may, without prejudice to the generality of the provisions under which they are made—

• (a) modify for the purposes of the regulations any provision of this Act relating to the taking, analysis and examination of samples,

• (b) apply, as respects matters to be dealt with by the regulations, any provision in any Act (including this Act) dealing with the like matters, with the necessary modifications and adaptations,

• (c) (subject to paragraph 3 of Schedule 4) provide for an appeal to a magistrates’ court against any refusal or other decision of an authority by whom the regulations are to be enforced and executed,

• (d) authorise the making of charges for the purposes of the regulations, or for any services performed under them, and provide for the recovery of charges so made,

• (e) provide that an offence under the regulations shall be triable either way,

• (f) include provisions under which a person guilty of an offence under the regulations which is so triable is liable on summary conviction to a fine not exceeding the statutory maximum or such less amount as may be specified in the regulations and on conviction on indictment to either or both of the following—

• (i) a fine not exceeding an amount specified in the regulations, or of an indefinite amount,

• (ii) imprisonment for a term not exceeding two years or such shorter term as may be specified in the regulations,

• (g) include provisions under which a person guilty of an offence under the regulations which is triable only summarily is liable on conviction to a fine not exceeding level 5 on the standard scale or such other level as may be specified in the regulations,

• (h) make such ancillary and incidental provisions as appear to the Ministers to be necessary or desirable,

and regulations made under Part I, subject to such generality, may require persons carrying on any activity to which the regulations apply to keep and produce records and provide returns.

• (2) Subsection (1), other than paragraphs (e) and (f), applies to an order made under section 5 as it applies to regulations made under Part I.

• (3) The power conferred by paragraph (b) of subsection (1), in the case of Milk (Special Designation) Regulations, includes power, in dealing with the procuring of samples for the purpose of the enforcement of conditions of licences authorising the use of a special designation, to exclude provisions of Part II of Schedule 7 which may appear not to be appropriate for that purpose.

• (4) Regulations made under section 13 or section 20, and any order made under section 17, may be made so as to apply throughout England and Wales or to apply only in such area or areas as may be specified in the regulations or order.

• (5) Without prejudice to any other relevant power, any regulations made with respect to slaughterhouses or knackers’ yards under section 13 may include provision for the regulations to come into force on different days fixed by, or by an order to be made under, those regulations in respect of different classes or descriptions of premises and different areas, and for different provisions to come into force on different days.

• (6) Before making—

• (a) any regulations to which subsection (1) applies, or

• (b) an order under section 5 or section 17,

the Ministers shall consult with such organisations as appear to them to be representative of interests substantially affected by the regulations or by the order.

• (7) Subsections (1), (2)

and (6) apply to Northern Ireland so far as they relate—

• (a) to those regulations and orders made under Part I which apply to Northern Ireland, or

• (b) to the enforcement and execution of those regulations and orders,

and in relation to Northern Ireland subsection (1) has effect subject to the following additional modifications—

• (i) in paragraph (a), the reference to this Act includes a reference to any corresponding Northern Ireland enactment,

• (ii) in paragraph (b), the reference to any Act includes a reference to any Northern Ireland enactment, and the reference to this Act includes a reference to any corresponding Northern Ireland enactment,

• (iii) in paragraph (c), construe the reference to a magistrates’ court as a reference to a court of summary jurisdiction,

and this section applies to Northern Ireland so far as it relates to an Order in Council made under section 133 and extending to Northern Ireland.

Community provisions

119

• (1) The Ministers, as respects any directly applicable EU provision relating to food for which, in their opinion, it is appropriate to provide under this Act—

• (a) may by regulations provide as they consider necessary or expedient for the purpose of securing that the EU provision is administered, executed and enforced under this Act; and

• (b) may apply such of the provisions of this Act as may be specified in the regulations in relation to the EU provision with such modifications, if any, as may be so specified.

• (2) For the purpose of complying with any EU obligation, or for conformity with any provision made for that purpose, the Ministers may by regulations provide as to—

• (a) the manner of sampling any food specified in the regulations, and the manner in which samples are to be dealt with, and

• (b) the method to be used in analysing, testing or examining samples of any food so specified,

and regulations made by the Ministers for that purpose, or for conformity with any provision so made, may modify or exclude any provision of this Act relating to the procuring or analysis of, or dealing with, samples or to evidence of the results of an analysis or test.

Statutory instruments

120

• (1) Under this Act—

• (a) any power to make regulations or orders, and

• (b) the Secretary of State’s power to make a declaration under section 16(5) or section 17(5),

is exercisable by statutory instrument, subject to section 4(2) of the Agriculture Act 1967 in respect of an order made under section 57(2) of this Act.

• (2) A statutory instrument containing—

• (a) regulations made under Part I or Part II, or section 76(2), or section 119,

• (b) an order made under section 5,

• (c) an order made under section 43 ordering that section 40(1) shall cease to be in operation in any area, or an order under section 68, or

• (d) an Order in Council made under section 133,

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) No order shall be made under section 17 unless a draft of it has been laid before Parliament and has been approved by resolution of each House.

• (4) A draft of any statutory instrument containing an order made under section 43 bringing section 40(1) into operation in any area shall be laid before Parliament.

• (5) In relation to Northern Ireland—

• (a) subsection (1), and subsection (2) except paragraph (c), apply so far as they relate to regulations and orders made under Part I which apply to Northern Ireland, or to the enforcement and execution of those regulations and orders; and

• (b) this section applies so far as it relates to an Order in Council made under section 133 which extends to Northern Ireland.

Byelaws

121

• (1) The confirming authority in respect of byelaws made under this Act by a local authority in England is the Secretary of State.

• (1A) Subsection (1) does not apply to byelaws of a class prescribed by regulations under section 236A(1) of the Local Government Act 1972.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notices, forms and continuances

Notices

122–130

Power to prescribe documents

123

The appropriate Minister may by regulations prescribe the form of any notice, advertisement, certificate or other document to be used for any of the purposes of this Act and, if forms are so prescribed, those forms or forms to the like effect may be used in all cases to which those forms are applicable.

Authentication

124

• (1) Any notice, order, consent, demand or other document which a council are authorised or required by or under this Act to give, make or issue may be signed on behalf of the council—

• (a) by the proper officer of the council as respects documents relating to matters within his province; or

• (b) by any officer of the council authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document.

• (2) Any document purporting to bear the signature of an officer—

• (a) expressed to hold an office by virtue of which he is under this section empowered to sign such a document, or

• (b) expressed to be duly authorised by the council to sign such a document or the particular document,

shall for the purposes of this Act, and of any byelaws and orders made under it, be deemed, until the contrary is proved, to have been duly given, made or issued by authority of the council.

In this subsection " signature " includes a facsimile of a signature by whatever process reproduced.

Service

125

Any notice, order, consent, demand or other document which is required or authorised by or under this Act to be given to or served on any person may, in any case for which no other provision is made by this Act, be given or served either—

• (a) by delivering it to that person; or

• (b) in the case of the proper officer of a council, by leaving it or sending it in a prepaid letter addressed to him, at either his residence or his office, and, in the case of any other officer of a council, by leaving it or sending it in a prepaid letter addressed to him, at his office; or

• (c) in the case of any other person, by leaving it or sending it in a prepaid letter addressed to him, at his usual or last known residence; or

• (d) in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

• (e) in the case of a document to be given to or served on person as being the owner of any premises by virtue of the fact that he receives the rackrent of the premises as agent for another, or would so receive it if the premises were let at a rackrent, by leaving it, or send-it in a prepaid letter addressed to him, at his place of business; or

• (f) in the case of a document to be given to or served on the owner or the occupier of any premises, if it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or if the premises are unoccupied, by addressing it to the person concerned by the description of "owner" or "occupier" of the premises (naming them) to which it relates, and—

• (i) delivering it to some person on the premises; or

• (ii) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Continuances on death

126

Where a person dies—

• (a) who holds a licence, or

• (b) who is registered in respect of any premises,

under this Act or any regulations made under this Act, the licence or registration shall, unless previously revoked or cancelled, subsist for the benefit of his personal representative, 01 his widow or any other member of his family—

• (i) until the expiry of two months from his death, or

• (ii) until the expiry of such longer period as the licensing or registering authority may allow.

Expenses and receipts

Meat inspection expenses

127

In the cases mentioned below the Minister may by regulations approved by the Treasury provide for the making by him of contributions towards expenses incurred by a local authority in carrying out at slaughterhouses their functions with respect to the inspection of meat prepared for sale for human consumption.

Receipts under s.44

128

Any payments received by the Minister—

• (a) for milk sold by him under section 44, or

• (b) for treating under that section milk of others,

shall be paid into the Consolidated Fund.

County council expenses

129

• (1) Expenses incurred by a county council as a food and drugs authority shall, if the council are not the food and drugs authority for the whole county, be defrayed as expenses for special county purposes charged on those districts the councils of which are not food and drugs authorities.

• (2) Any expenses incurred by a county council in the enforcement and execution of—

• (a) regulations made under Part I,

• (b) Milk and Dairies Regulations, or

• (c) Milk (Special Designation) Regulations,

shall, if the Secretary of State by order so directs, be defrayed as expenses for special county purposes charged on such part of the county as may be provided by the order.

• (3) A county council may, as part of their expenses as a food and drugs authority, contribute towards any expenses incurred by the council of a district within the county, not being a food and drugs authority, in connection with—

• (a) the procuring and analysis or examination of samples, and

• (b) the institution of proceedings,

under this Act.

Sampling officer's expenses

130

• (1) Expenses incurred under this Act by a sampling officer in procuring samples and causing samples to be analysed shall be defrayed by the authority of which he is an officer.

• (2) The expenses incurred by an officer in complying with a notice given to him under section 81(2) shall be borne by the authority whose officer gave the notice, and any dispute as to the amount of any such expenses shall be referred to and deter, mined by the Secretary of State.

Interpretation and operation

Interpretation: "food"

131

Interpretation: further provision

132

• (1) In this Act, unless the context otherwise requires, and without prejudice to section 47—

• “advertisement” includes any notice, circular, label, wrapper, invoice or other document, and any public announcement made orally or by any means of producting or transmitting light or sound, and “advertise” shall be construed accordingly;

• “analysis” includes micro-biological assay but no other form of biological assay, and “analyse” shall be construed accordingly;

• “animal” does not include bird or fish;

• “area”, in relation to a county council and to officers of such a council, means, as the case may require, either the county or that part of the county for which the council are the food and drugs authority, and, in relation to a local authority and to officers of such an authority, means their district;

• “article” does not include a live animal or bird;

• “authorised officer” has the meaning given by section 73(1);

• “business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;

• “catering premises” means premises where, in the course of a business, food is prepared and supplied for immediate consumption on the premises;

• “cheese” means the substance usually known as cheese, containing no fat other than fat derived from milk;

• “closure order” is an order within the meaning of section 21;

• “container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

• “council” includes a port health authority;

• “cream” means that part of milk rich in fat which has been separated by skimming or otherwise;

• “dairy”, “dairy farm”, “dairy farmer” and “dairyman” have the meanings given by section 32;

• “district”, in relation to a local authority, the City of London or the Inner or Middle Temple, and in relation to the officers of such an authority, means the area for which the authority acts;

• “drug” includes medicine for internal or external use;

• “emergency order” is an order within the meaning of section 22;

• “food and drugs authority” has the meaning given by section 71;

• “functions” includes powers and duties;

• “home-going ship” means a ship plying exclusively in inland waters, or engaged exclusively in coastal excursions; and for the purpose of this definition “inland waters” means any canal, river, lake, navigation or estuary, and “coastal excursion” means an excursion lasting not more than one day which starts and ends in Great Britain and does not involve calling at any place outside Great Britain;

• “human consumption” includes use in the preparation of food for human consumption;

• “ice-cream” includes any similar commodity;

• “importation” has the same meaning as it has for the purposes of the Customs and Excise Management Act 1979, and “import” shall be construed accordingly;

• “importer”, in relation to an imported article, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possesion of the article or in any way entitled to the custody or control of it;

• “knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals the flesh of which is not intended for human consumption;

• “local authority”, in sections 44 and 45 has the meaning given by those sections, and elsewhere in this Act has the meaning given by section 72;

• “milk” includes cream and separated milk, but does not include dried milk or condensed milk;

• “Milk and Dairies Regulations” has the meaning given by section 33;

• “Milk (Special Designation) Regulations” has the meaning given by section 38;

• “the Minister” means the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, except in paragraph (a) of section 5(1), section 37 so far as it relates to the Minister’s power to appoint veterinary inspectors, sections 68(5), 83, 101(4), 114 and paragraph (b) of section 115(1), where it means the Minister of Agriculture, Fisheries and Food;

• “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Health, and the Secretary of State for Wales, acting jointly;

• “officer” includes servant;

• “premises” means a building or part of a building, and any forecourt, yard or place of storage used in connection with a building or part of a building, and includes, in relation to dairies and dairy farms, and the trade of dairyman or dairy farmer, any land other than buildings;

• “preparation”, in relation to food, includes manufacture and any form of treatment and “preparation for sale” includes packaging; and “prepare for sale” shall be construed accordingly;

• “proper officer”, in relation to any purpose and to any council or to any area, means the officer appointed for that purpose by that council or for that area, as the case may be;

• “public analyst” has the meaning given by section 76;

• “purveyor”, in relation to milk, includes any person who sells milk, whether wholesale or by retail;

• “raw milk” means milk which has not been treated by heat;

• “sampling officer” has the meaning given by section 78;

• “sanitary convenience” means a closet, privy or urinal;

• “separated”, in relation to milk, includes skimmed;

• “ship” includes any boat or craft, and a hovercraft within the meaning of the Hovercraft Act 1986, and “master” shall be construed accordingly;

• “shop” has the same meaning as in the Shops Act 1950;

• “slaughterhouse” means a place for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals there;

• “standard scale” has the meaning given by section 75 of the Criminal Justice Act 1982;

• “statutory maximum” has the meaning given by section 74 of the Criminal Justice Act 1982;

• “substance” includes a liquid;

• “transit” includes all stages of transit from the dairy, place of manufacture or other source of origin, to the consumer;

• “vessel” includes a receptacle of any kind, whether open or closed.

• (2) All powers and duties conferred or imposed by this Act shall be deemed to be in addition to, and not in derogation of, any other powers and duties conferred or imposed by Act of Parliament, law or custom, and, subject to any repeal effected by, or other express provision of, this Act, all such other powers and duties may be exercised and shall be performed in the same manner as if this Act had not been passed.

Application to Crown

133

• (1) Her Majesty may by Order in Council provide for the application to the Crown of such of the provisions of this Act and of any regulations or order made under this Act as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified.

• (2) Without prejudice to the generality of subsection (1), an Order under this section may make special provision for the enforcement of any provisions applied by the Order, and, where any such provision imposes a liability on a person by reason that he is—

• (a) the occupier or owner of premises, or

• (b) the owner of a business, or

• (c) the principal on whose behalf any transaction is carried out,

the order may provide for the determination, in a case where the premises are occupied or owned, or the business is owned, by the Crown, or the transaction is carried out on behalf of the Crown, of the person who is to be treated as so liable.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional and saving provisions, amendments and repeals

134

Northern Ireland

135

• (1) This Act applies to Northern Ireland as provided by—

• (a) section 4(5);

• (b) section 5(5);

• (c) section 7(3);

• (d) section 13(10);

• (e) section 74(4);

• (f) section 93(4);

• (g) section 95(7);

• (h) section 97(5);

• (j) section 118(7);

• (k) section 120(5);

• (l) section 133(3); and

• (m) Schedules 9, 10 and 11, so far as they relate to provisions which apply to Northern Ireland.

• (2) In the application of this Act to Northern Ireland as provided by the provisions mentioned in subsection (1)—

• (a) any reference to—

• (i) “the Minister” shall be construed as a reference to the Minister of Agriculture, Fisheries and Food, and

• (ii) “the Ministers” shall be construed as a reference to the Secretary of State for the Home Department, the Secretary of State for Health and Social Care and the Minister of Agriculture, Fisheries and Food, acting jointly; and

• (b) any reference to a council shall be construed as, and any reference to a food and drugs authority shall be construed as including, a reference to a district council.

• (3) In the following provisions “Northern Ireland enactment” means any enactment for the time being in force in Northern Ireland—

• (a) section 4(4);

• (b) section 74(4);

• (c) section 95(7);

• (d) section 118(7); and

• (e) section 133(3).

Citation, extent and commencement

136

• (1) This Act may be cited as the Food Act 1984.

• (2) The following provisions of this Act apply to Scotland—

• (a) sections 68 and 69, and paragraph 6 of Schedule 9,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) This Act applies to Northern Ireland only so far as is provided by section 135.

• (4) This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

SCHEDULES 1–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

PART I — DAIRYMEN

1

If it appears to an authority by whom dairymen are registered in pursuance of Milk and Dairies Regulations, other than the Minister, that the public health is, or is nicely to be, endangered by any act or default of a person who has applied to be, or, is so registered by the authority, being an act or default committed whether within or without the authority's district in relation to the quality, storage or distribution of milk, they may serve on him a notice—

• (a) stating the place and time, not being less than 21 days after the date of the service of the notice, at which they propose to take the matter into consideration ; and

• (b) informing him that he may attend before them, with any witnesses whom he desires to call, at the place and time mentioned, to show cause why they should not for reasons specified in the notice, refuse to register him or cancel his registration, as the case may be, either generally or in respect of any specified premises.

2

A person entitled under paragraph 1 to appear before any authority—

• (a) may appear in person or by counsel or a solicitor or any other representative; or

• (b) may be accompanied by any person he may wish to assist him in the proceedings.

3

If a person on whom a notice is served under paragraph 1 fails to show cause to the authority's satisfaction, they may refuse to register him or may cancel his registration, as the case may be, and—

• (a) shall forthwith give notice to him of their decision in the matter; and

• (b) shall, if so required by him within 14 days from the date of their decision, give to him within 48 hours after receiving the requirement, a statement of the grounds of the decision.

4

A person aggrieved by the decision of an authority under this Part to refuse to register him, or to cancel his registration, may appeal to a magistrates' court.

5

The court before whom a person registered as a dairyman otherwise than by the Minister is convicted of an offence under any of the provisions relating to milk in this Act, or under Milk and Dairies Regulations, may, in addition to any other punishment, cancel his registration as such.

6

An authority other than the Minister may require a person who applies to them for registration as a dairyman to give to them, before his application is considered, information as to whether he is, or has been, registered as a dairyman, whether by them or the Minister or some other authority, and if an applicant who is so required gives to the authority any information which is false in any material respect, he is guilty of an offence.

7

Where under this Part a person's application for registration is refused, or his registration is cancelled, he shall not be liable for any breach of contract for the purchase of further supplies of milk from any person, if the refusal or cancellation was due to the quality of the milk supplied by that person.

PART II — DAIRY FARMS AND DAIRY FARMERS

8

Milk and Dairies Regulations shall provide—

• (a) for the refusal by the Minister of registration of a dairy farm or of a person carrying on, or proposing to carry on, the trade of a dairy farmer, if in his opinion, having regard to the conditions existing at the premises to be registered, the regulations cannot be complied with and the registration should be refused ; and

• (b) for the cancellation of any such registration by the Minister if in his opinion the regulations are not being complied with and the registration should be cancelled.

9

Any regulations made by virtue of paragraph 8 shall—

• (a) require notice to be given to the person affected of any intention to refuse or cancel the registration, stating the grounds on which it is alleged that the regulations cannot be or are not being complied with, as the case may be, and his rights of making objections and representations in accordance with the regulations ;

• (b) enable that person, within the time prescribed by the regulations (which shall not be less, in the case of a refusal, than 28 days or, in the case of a cancellation, than 21 days, from the date of service of that notice) to object, in respect of all or any of the grounds stated in that notice, that the regulations can be or are being complied with, as the case may be ;

• (c) provide for the reference of any such objection to a tribunal constituted in accordance with the regulations ;

• (d) provide for the procedure of that tribunal, and in particular for entitling the person objecting to appear before the tribunal with any witnesses he desires to call, and to require the tribunal to inspect the premises to which the objections relate;

• (e) require that tribunal to determine whether the objections are made out and, if not, on which of the grounds in respect of which they are made they are not made out, and provide that, in the event of a difference of opinion among the members of the tribunal, the determination of the majority of them shall be the determination of the tribunal;

• (f) require that the determinations of the tribunal shall be reported to the Minister and communicated by him to the person objecting, and to provide that the determinations of the tribunal as stated in the report shall, for the purpose of the proposal to refuse or cancel registration, be conclusive evidence of the facts found by it;

• (g) enable that person within the time so prescribed to make representations to the Minister that the registration should not be refused or cancelled on the grounds stated in the notice mentioned in sub-paragraph (a);

• (h) provide that no registration shall be cancelled—

• (i) in any case, until the expiry of the prescribed time for making objections or representations under the regulations ;

• (ii) in a case where an objection is made within that time, until the report of the tribunal on it has been received and considered by the Minister ;

• (iii) in a case where representations are made to the Minister within that time, until the representations have been considered by him.

10

There shall be paid out of moneys provided by Parliament to the chairman of any such tribunal as is referred to in paragraph 9 such remuneration (by way of salary or fees) and such allowances as the Minister may, with- the Treasury's approval, determine.

SCHEDULE 3

SCHEDULE 4

PART I — GENERAL

1

• (1) Milk (Special Designation) Regulations shall enable—

• (a) the licensing authority, or

• (b) on appeal to him under this Schedule, the Minister,

to revoke or suspend a licence authorising the use of a special designation, on the ground of any breach of a condition of the licence proved to the licensing authority's satisfaction, or, as the case may be, to the Minister's.

• (2) This paragraph has, in relation to licences for specified areas, effect subject to Part II.

2

Those regulations shall provide as to any decision to refuse or suspend or revoke such a licence—

• (a) where the licensing authority is a local authority, for conferring on the applicant or the holder of the licence, as the case may be (in this Schedule called " the person affected ") a right to be heard by the appropriate committee of the authority before a decision is made, and a right of appeal to the Minister against a decision adverse to the person affected ;

• (b) for requiring the Minister on any such appeal to him, and when acting as licensing authority, before making his decision to afford to the person affected an opportunity of making representations;

• (c) for securing that any such hearing by a committee shall be in public, that the person affected shall be entitled to be heard by himself or by counsel or a solicitor or other representative as he may elect, and that he or his representative shall be entitled to call witnesses and to cross-examine witnesses called by another ; and

• (d) for securing that such notice of a decision or proposed decision shall be given to the person affected as may be requisite for enabling him effectively to exercise rights conferred on him by this paragraph.

3

Paragraph (c) of section 118(1) does not apply to any such decision as is mentioned in paragraph 2 above.

PART II — LICENCES HELD BY RETAILERS FOR SPECIFIED AREAS

4

• (1) Any provision for the revocation of a licence authorising the use of a special designation on the ground of breach of a condition of the licence made by Milk (Special Designation) Regulations shall be such as to secure that a licence held by a retailer for a specified area shall not be revoked, and a grant of a licence by way of renewal of a licence so held shall not be refused, on the ground of breach of a condition of the licence so held, unless—

• (a) the breach in question is of a condition to which section 45 applies,

• (b) the holder of the licence has been convicted of an offence under that section because of the breach in question, or has been convicted, within 12 months before the time of the breach in question or after the time of it of an offence under section 39, section 40 or section 41, or of an offence under Milk and Dairies Regulations for which a penalty is imposed by those regulations; and

• (c) the decision of the licensing authority to revoke, or to refuse renewal, as the case may be, is made within 12 months from the date of the breach in question.

• (2) Any provision for the suspension of a licence authorising the use of a special designation on the ground of breach of a condition of the licence made by Milk (Special Designation) Regulations shall be such as to secure that—

• (a) a licence held by a retailer for a specified area shall not be suspended, by virtue of any one decision of the authority having power to suspend it, for a period of more than 3 months, but

• (b) a period of suspension of such a licence awarded by any such decision may be extended by a subsequent such decision made in accordance with the provisions of this Schedule.

• (3) For the purposes of any decision for the suspension of a licence held by a retailer for a specified area, the term of that licence and of any licence granted by way of its renewal shall be treated as if they had been a single term, and accordingly—

• (a) a period of suspension of such a licence of 3 months or less may be awarded notwithstanding that that period is longer than the unexpired residue of the term of the licence; and

• (b) where such a longer period of suspension of such a licence is awarded, a licence may be granted by way of its renewal but that licence shall be in suspense until the expiry of that period, and such a decision for extension of that period as is mentioned in paragraph (b) of sub-paragraph (2) of this paragraph may be made so as to extend the suspension of that licence.

5

Paragraph 1 in so far as it relates to proof of a breach of condition of a licence, has effect subject as follows—

• (a) the provision to be made as there mentioned extends to a breach because of which the holder of the licence has been convicted of an offence under section 45 without requiring any proof of the breach other than conviction; and

• (b) in relation to a case referred to a tribunal by virtue of the subsequent provisions of this Schedule, not being a case in which the holder of the licence has been convicted as mentioned above, paragraph 1 has effect with the substitution of a reference to proof by the finding of the tribunal for the reference to proof to the satisfaction of the licensing authority or the Minister.

6

• (1) Milk (Special Designation) Regulations shall, where the issue is as to the revocation or suspension of a licence held by a retailer for a specified area, or as to the refusal to grant such a licence by way of renewal of such a licence, provide—

• (a) for requiring the Minister on such an appeal as is mentioned in sub-paragraph (a) of paragraph 2, and when acting as licensing authority, to refer the matter to a tribunal constituted in accordance with the regulations if the person affected so requests;

• (b) for requiring that the duty of such a tribunal on any such reference shall be—

• (i) to report findings on any question of fact appearing to them to be relevant, and

• (ii) in particular, where the issue is as to revocation or suspension on the ground of a breach of condition not being one because of which the holder of the licence has been convicted of an offence under section 45, to find and report whether the breach was in fact committed (which finding shall be conclusive for the purposes of this Schedule):

• (c) for requiring the Minister to consider the report of the tribunal before making his decision;

• (d) for the procedure of such a tribunal, including provision for conferring on the person affected a right to be heard by the tribunal, and including provision for treating the finding of a majority of the members of such a tribunal as the finding of the tribunal in the event of a difference of opinion among the members;

• (e) for securing that any such hearing as mentioned above by a tribunal shall be in public, that the person affected shall be entitled to be heard by himself or by counsel or a solicitor or other representative as he may elect, and that he or his representative shall be entitled to call witnesses and to cross-examine witnesses called by another; and

• (f) for securing that such notice of a decision or proposed decision shall be given to the person affected as may be requisite for enabling him effectively to exercise rights conferred on him by virtue of the foregoing provisions of this paragraph.

• (2) There shall be paid out of moneys provided by Parliament to the chairman of any such tribunal such remuneration (by way of salary or fees) and such allowances as the authority appointing him may, with the Treasury's approval, determine.

SCHEDULE 5

Conditions to which section 45 applies are conditions relating to any of the following matters—

SCHEDULE 6

Provisions to be enforced and executed by the Minister

1

• (1) Any order under section 5.

• (2) Section 39, so far as it applies to anything done in relation to raw milk by the producer of the milk.

• (3) Section 45(1), so far as it relates to—

• (a) licences authorising the use of a special designation in relation to milk by a local authority within the meaning of section 45; and

• (b) licences authorising the use of a special designation in relation to raw milk by the producer of the milk.

• (4) Milk and Dairies Regulations in respect of—

• (a) dairy farms,

• (b) the registration of persons carrying on or proposing to carry on the trade of a dairy farmer, or

• (c) the registration of occupiers of premises used temporarily as dairy farms,

but excluding regulations made for the purposes of paragraph (f) or paragraph (g) of section 33(1).

• (5) Milk (Special Designation) Regulations in respect of the use of a special designation of raw milk by the producer of the milk.

Provisions to be enforced and executed by food and drugs authorities

2

• (1) Sections 1, 2 and 6.

• (2) Section 36, and regulations having effect as if made under section 33 of the Food and Drugs Act 1955.

• (3) Section 39(1) and (2) (except as regards any use of a special designation in relation to raw milk, and as regards the making of any reference to raw milk by such a description as is mentioned in that subsection (2), by the producer of the milk);

• (4) Sections 40, 41 and 48.

SCHEDULE 7

PART I — MANNER IN WHICH SAMPLES TAKEN OR PURCHASED FOR ANALYSIS ARE TO BE DEALT WITH

1

The sampling officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall—

• (a) with respect to one part of the sample comply with paragraphs 2 to 8, and

• (b) deal with the remaining parts in accordance with paragraph 9.

2

• (1) If the sample was purchased by the sampling officer, he shall give the part of the sample to the vendor.

• (2) hi relation to a sample purchased from an automatic machine, this paragraph applies as if for the reference to the vendor there were substituted a reference—

• (a) if the name and address (being an address in England and Wales) of a person stated to be the proprietor of the machine appears on the machine, to that person;

• (b) in any other case, to the occupier of the premises on which the machine stands or to which it is affixed.

3

If the sample is of goods consigned from outside England and Wales and was taken by the sampling officer before delivery to the consignee, the officer shall give the part of the sample to the consignee.

4

• (1) This paragraph applies in relation to any sample of milk taken by the sampling officer, except to—

• (a) one in relation to which paragraph 3 applies ; or

• (b) any sample of cream.

• (2) If the sample was taken from a container—

• (a) having a capacity greater than six pints, and

• (b) appearing to the officer to show the name and address (being an address in England and Wales) of any person as consignor of the milk,

the officer shall give the part of the sample to that person.

• (3) If the sample was taken from a container—

• (a) having a capacity of six pints or less, and

• (b) appearing to the officer to show the name and address (being an address in England and Wales) of any person as the person who put the milk into the container,

the officer shall give the part of the sample to that person.

• (4) If—

• (a) neither sub-paragraphs (2) or (3) apply, and

• (b) the sample was taken at a dairy,

the officer shall give the part of the sample to the occupier of the dairy.

• (5) If none of sub-paragraphs (2) to (4) apply, the officer shall give the part of the sample—

• (a) to the occupier of the dairy from which the milk was consigned; or

• (b) if the milk was consigned from more than one dairy, to the occupier of the dairy from which it was last consigned.

5

If—

• (a) none of the foregoing paragraphs of this Schedule apply, and

• (b) the sample was taken by the sampling officer at the request of a purchaser, or taken with the consent of a purchaser by retail,

the officer shall give the part of the sample to the vendor.

6

If—

• (a) none of the foregoing paragraphs of this Schedule apply, and

• (b) the sample was taken in transit,

the sampling officer shall give the part of the sample to the consignor.

7

If none of the foregoing paragraphs of this Schedule apply, the sampling officer shall give the part of the sample to the person appearing to be the owner of the food or substance of which the sample was taken.

8

In every case to which paragraphs 2 to 7 apply the sampling officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken for the purpose of analysis by a public analyst.

9

Of the remaining parts of the sample, the sampling officer shall, unless he decides not to have an analysis made, submit one for analysis in accordance with section 79, and retain the other for future comparison.

10

Any part of a sample which under this Schedule is to be given to any person may be given either by delivering it to him or to his agent or by sending it to him by registered post or the recorded delivery service; but where after reasonable inquiry the sampling officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given, he may, in lieu of giving the part to that person, retain it.

PART II — SPECIAL PROVISIONS AS TO SAMPLING OF MILK

11

Where a sample of milk is procured from a purveyor of milk, he shall, if required to do so by the person by whom or on whose behalf the sample was procured, state the name and address of the seller or consignor from whom he received the milk.

12

• (1) Within 60 hours after the sample was procured from the purveyor, he may serve on the authority by whose officer it was procured, or, if it was not procured by an officer of any authority, on the food and drugs authority within whose area it was procured, a notice—

• (a) stating the name and address of the seller or consignor from whom he received the milk and the time and place of delivery to himself of milk from a corresponding milking; and

• (b) requesting the authority to take immediate steps to procure, as soon as practicable, a sample of milk from a corresponding milking in the course of transit or delivery to himself from the seller or consignor.

• (2) If such a sample has been so procured since the sample in question was procured, or had been so procured within 24 hours prior to that sample being procured, it is not necessary for the authority to procure another sample in accordance with the notice.

• (3) The purveyor has no right to require that such a sample shall be procured if the milk from which the sample procured from him was taken was a mixture of milk produced on more than one dairy farm.

13

If a purveyor has served on the authority such a notice as is mentioned above, and the authority have, in a case not falling within paragraph 12(2) or (3), omitted to procure a sample of milk from the seller or consignor in accordance with the foregoing provisions, no proceedings under this Act shall be taken against the purveyor in respect of the sample procured from him.

14

Any sample so procured in the course of transit or delivery shall be submitted for analysis to the analyst to whom the sample procured from the purveyor is or was submitted.

15

If proceedings are taken against the purveyor, a copy of the certificate of the result of the analysis of every sample so procured in the course of transit or delivery shall be given to him, and every such certificate and copy shall, subject to section 97, be admissible as evidence on any question whether the milk sold by the purveyor was sold in the same state as it was when he purchased it.

16

The authority by whose officer, or within whose area, the first mentioned sample was procured may, instead of, or in addition to, taking proceedings against the purveyor, take proceedings against the seller or consignor.

17

• (1) If a sample of milk of cows in any dairy is procured in course of transit or delivery from that dairy, the dairyman may, within 60 hours after the sample was procured, serve on the authority by whose officer the sample was procured a notice requesting them to take immediate steps to procure as soon as practicable a sample of milk from a corresponding milking of the cows and, thereupon, paragraphs 12 to 15 .shall, so far as applicable, apply with any necessary modifications.

• (2) The person procuring the sample shall be empowered to take any such steps at the dairy as may be necessary to satisfy him that the sample is a fair sample of the milk of the cows when properly and fully milked.

SCHEDULE 8

SCHEDULE 9

Time running

1

Where a period of time specified in an enactment repealed by this Act is current at the Act’s commencement, the Act has effect was if the provision corresponding to that enactment had been in force when that period began to run.

Section 41(1) Food and Drugs Act 1955

2

Subject to section 43(1), the provisions of section 40(1) of this Act shall be in operation in any area in which, immediately before the commencement of this Act, corresponding provisions were in operation by virtue of section 41(1) of the Food and Drugs Act 1955.

Local Acts

3

• (1) In section 303 of the Publlic Health Act 1875 (power to repeal and alter local Acts by provisional orders), the reference to any local Act which relates to the same subject-matters as that Act shall be construed as including a reference to any local Act which relates to the same subject-matters as this Act.

• (2) Notwithstanding the repeal by this Act of the provisions of sections 131(2) and Part II of Schedule 9 to the Food and Drugs Act 1955, any application may be made and any power may be exercised in relation to those provisions as and to the extent that they were capable of being made and exercised immediately before the commencement of this Act.

• (3) Any power exercisable under section 48 of the Local Government (Miscellaneous Provisions) Act 1982 (consequential repeal or amendment of local statutory provisions) in relation to a provision of that Act repealed by this Act is exercisable in relation to the corresponding provision of this Act as and to the extent that it was capable of such exercise immediately before the commencement of this Act.

Public Health (Shell-Fish) Regulations 1934

4

An order having effect immediately before the commencement of this Act under the Public Health (Shell-Fish) Regulations 1934—

• (a) continues in force under those regulations of 1934; and

• (b) may be further continued by regulations made under section 13 as if it had been made under such regulations.

Orders under Defence (Sale of Food) Regulations 1943

5

• (1) Any order made under regulation 2 of the Defence (Sale of Food) Regulations 1943, being an order which was in force immediately before the commencement of this Act, shall—

• (a) in the case of an order made by the Minister of Food or by the Minister of Agriculture, Fisheries and Food for the purposes of paragraph (1)(a) of that regulation, continue in force and have effect as if contained in regulations made by the Ministers under section 7,

• (b) in the case of an order made by the Minister of Food or by the Minister of Agriculture, Fisheries and Food for the purposes of paragraph (1)(b) of that regulation, continue in force and have effect as if contained in regulations made by the Ministers under section 4,

and references in this Act to regulations made under those sections shall be construed accordingly.

• (2) such an order may be varied or revoked accordingly by regulations made under section 4 or section 7, as the case may be; and the order shall have effect, subject to any variation by regulations under this Act—

• (a) as if it provided that any breach was an offence under this act; and

• (b) as if it specified a food and drugs authority as the authority to enforce the provisions of the order within their area.

Sugar Act 1956

6

• (1) Notwithstanding the repeal by this Act of section 23(4) of the Sugar Act 1956—

• (a) that subsection (which provides that British Sugar, public limited company, shall furnish the Minister and the Secretary of State with such estimates, returns, accounts and other information as to the company’s business as they may respectively require) continues to have effect, and

• (b) the power under section 4 of, and Part II of Schedule 3 to, the European Communities Act 1972 in relation to the repeal of that subsection continues to be exercisable,

as if that subsection had not been repealed.

• (2) Nothing in this Act affects the saving (as regards advances made and guarantees given before 1st February 1973) in relation to section 22 of the Sugar Act 1956 in Part II of Schedule 3 to the European Communities Act 1972.

Sections 252 and 254 Local Government Act 1972

7

Section 252 (general power to adapt Acts and instruments) and section 254 (consequential and supplementary provision) of the Local Government Act 1972 have effect in relation to those provisions of this Act which reproduce enactments which were in force before 1st April 1974 as if those provisions had been in force before that date.

SCHEDULE 10

City of London (Various Powers) Act 1959

1

In section 10(3) of the City of London (Various Powers) Act 1959, for “ Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

London County Council (General Powers) Act 1959

2

In section 13(3) of the London County Council (General Powers) Act 1959, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

Public Health Act 1961

3

In paragraph (b) of section 41(1) of the Public Health Act 1961, for “subsection (1) of section twenty-three of the Food and Drugs Act 1955” substitute “ section 28(1) of the Food Act 1984 ”.

Weights and Measures Act 1963

4

In sections 29(3) and 58(1) of the Weights and Measures Act 1963, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

5

In paragraph 1(e) of Part I of Schedule 10 to that Act—

• (a) for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”;

• (b) for “section 134 of, and Schedule 10 to” substitute “ sections 7(3) and 135 of ”.

London Government Act 1963

6

For subsection (1) of section 54 of the London Government Act 1963, substitute—

(1) The council of a London borough shall, as respects that borough, be the authority responsible for enforcing section 35 of the Food Act 1984 (which prohibits the sale of milk from diseased cows), and the Common Council shall, as respects the City, be the authority for enforcing that section 35; and in that Act of 1984— (a) Part III (which relates to the provision and regulation of markets) extends to all the London boroughs; and (b) section 70 (which relates to cold storage) extends to the whole of Greater London.

.

Agriculture Act 1967

7

In paragraph (e) of section 4(1) and in section 4(2) of the Agriculture Act 1967, for “section 56(2) of the Food and Drugs Act 1955” substitute “ section 57(2) of the Food Act 1984 ”.

8

In section 7(3) of that Act, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

9

In section 25(2) of that Act, for “section 135(1) of the Food and Drugs Act 1955” substitute “ section 132(1) of the Food Act 1984 ”.

Farm and Garden Chemicals Act 1967

10

In subsections (3) and (7)(c) of section 4 of the Farm and Garden Chemicals Act 1967, for “section 89 of the Food and Drugs Act 1955” substitute “ section 76 of the Food Act 1984 ”.

Trade Descriptions Act 1968

11

In section 2(5) of the Trade Descriptions Act 1968, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

12

In section 22(2) of that Act—

• (a) for “ Food and Drugs Act 1955” substitute “ Food Act 1984 ”;

• (b) in paragraph (a) of that subsection, for “said Act of 1955, sections 93 and 97” substitute “ said Act of 1984, sections 80 and 84 ”;

• (c) for “section 123 or 123A of the said Act of 1955” substitute “ section 118 or 119 of the said Act of 1984 ”.

Health Services and Public Health Act 1968

13

In section 62 of the Health Services and Public Health Act 1968—

• (a) in subsection (1)—

• (i) omit “and in the Food and Drugs Act 1955 references to ships”, and

• (ii) for “in each of those Acts” substitute “ in that Act ”;

• (b) in subsection (2) for “for the references therein to the Public Health Act 1936 and the Food and Drugs Act 1955, there were substituted references respectively to” substitute “ the reference to the Public Health Act 1936 included references to both ”.

Medicines Act 1968

14

In section 132(1) of the Medicines Act 1968, in the definition of “food and drugs authority”, for “Food and Drugs Act 1955 by section 198 of the Local Government Act 1972” substitute “ Food Act 1984 by section 71 of that Act ”.

15

In paragraph 1(2) of Schedule 3 to that Act, for “section 89(1) of the Food and Drugs Act 1955” substitute “ section 76(1) of the Food Act 1984 ”.

Transport Act 1968

16

In paragraph 7(2)(d) of Schedule 16 to the Transport Act 1968, for “section 11(2) of the Food and Drugs Act 1955” substitute “ section 11(4) of the Food Act 1984 ”.

Agriculture Act 1970

17

In subsections (4) and (5) of section 25 of the Agriculture Act 1970, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

Tribunals and Inquiries Act 1971

18

In paragraph 15 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1971, for “Food and Drugs Act 1955 (c.16)” substitute “ Food Act 1984 ”.

Road Traffic Act 1972

19

In section 10(7) of the Road Traffic Act 1972, for “section 89 of the Food and Drugs Act 1955” substitute “ section 76 of the Food Act 1984 ”.

Greater London Council (General Powers) Act 1972

20

In paragraph (a) of section 17(5) of the Greater London Council (General Powers) Act 1972, for “Food and Drugs Act, 1955” substitute “ Food Act 1984, other than Part IV ”.

Poisons Act 1972

21

In paragraph (a) of section 8(4) of the Poisons Act 1972, for “section 89 of the Food and Drugs Act 1955” substitute “ section 76 of the Food Act 1984 ”.

Local Government Act 1972

22

In section 112(4) of the Local Government Act 1972, for “section 89 of the Food and Drugs Act 1955” substitute “ section 76 of the Food Act 1984 ”.

23

In section 259(3) of that Act—

• (a) in paragraph (b) for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”;

• (b) for paragraph (c) substitute—

(c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936— (i) which are incorporated in the Slaughterhouses Act 1974; or (ii) which are repealed by the Food Act 1984 to the extent that those provisions were incorporated in the Food and Drugs Act 1955, and which are reproduced in that Act of 1984;

.

Greater London Council (General Powers) Act 1973

24

In section 2 of the Greater London Council (General Powers) Act 1973, for “ ”the Act of 1955’ means the Food and Drugs Act 1955” substitute “ ”the Act of 1984’ means the Food Act 1984 ”.

25

In subsections (1) and (9) of section 30 of that Act, for “Act of 1955” substitute “ Act of 1984 ”.

26

In section 32(3) of that Act, for “subsection (5) of section 100 of the Act of 1955” substitute “ section 87(5) of the Act of 1984 ”.

National Health Service Reorganisation Act 1973

27

In paragraph (a) (ii) of section 18(3) of the National Health Service Reorganisation Act 1973, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

Slaughterhouses Act 1974

28

In the Slaughterhouses Act 1974—

• (a) in paragraph (a) of section 2(2),

• (b) in paragraph (a) of section 4(2),

• (c) in section 12(2),

• (d) in sectin 16(3),

for “ Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

Weights and Measures etc. Act 1976

29

In section 12 of the Weights and Measures Act 1976—

• (a) in subsection (1)(a), for “Food and Drugs Act 1955 (the ”1955 Act’)” substitute “ Food Act 1984 (the ”1984 Act’) ”;

• (b) in subsection (9)(a), for “the 1955 Act” substitute “ the 1984 Act ”.

30

In paragraph 2 of Schedule 6 to that Act—

• (a) in sub-paragraph (1), for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”;

• (b) in sub-paragraph (2)—

• (i) for “Part V” substitute “ Part VI ”;

• (ii) for “sections 126, 127, 128 and 131” substitute “ sections 109, 111, 112, 113(1)–(4), sections 114 to 117, sections 122 to 125, sections 127 to 130, section 132(2) and Schedule 9 paragraph 3(1) and (2) ”.

City of London (Various Powers) Act 1977

31

In section 22(2) of the City of London (Various Powers) Act 1977—

• (a) for “section 100 of the Food and Drugs Act 1955” substitute “ section 87 of the Food Act 1984 ”; and

• (b) for “section 101(2)” substitute “ section 88(2) ”.

Consumer Safety Act 1978

32

In the Consumer Safety Act 1978—

• (a) in paragraph (b) of the definition of “goods” in section 9(4), and

• (b) in paragraph (g) (i) of section 11,

for “section 135(1) of the Food and Drugs Act 1955” substitute “ section 131(1) of the Food Act 1984 ”.

Hydrocarbon Oil Duties Act 1979

33

In paragraph 5(d) of Schedule 5 to the Hydrocarbon Oil Duties Act 1979, for “section 89 of the Food and Drugs Act 1955” substitute “ section 76 of the Food Act 1984 ”.

Local Government (Miscellaneous Provisions) Act 1982

34

In paragraph 11(b) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, for “section 55 of the Food and Drugs Act 1955” substitute “ section 56 of the Food Act 1984 ”.

Public Health (Control of Disease) Act 1984

35

In paragraph (a) of section 3(2) of the Public Health (Control of Disease) Act 1984, for “Food and Drugs Act 1955” substitute “ Food Act 1984 ”.

36

In paragraph (d) of section 7(3) of that Act, for “Food and Drugs Act 1955” substitute “ Food Act 1984, other than Part IV ”.

37

In paragraph (b) of section 20(1) of that Act, for “section 23 of the Food and Drugs Act 1955” substitute “ section 28 of the Food Act 1984 ”.

SCHEDULE 11

Offences as to preparation and sale of injurious foods.

Court’s power to disqualify caterer.

57A

• (1) A market authority may provide a cold air store or refrigerator for the storage and preservation of meat and other articles of food.

• (2) Any proposal by a market authority to provide under this section a cold air store or refrigerator within the area of another local authority requires the consent of that other authority, which shall not be unreasonably withheld.

• (3) Any question whether or not such a consent is unreasonably withheld shall be referred to and determined by the Ministers.

• (4) Subsections (1) to (5) of section 250 of the Local Government Act 1972 (which relate to local inquiries) shall apply for the purposes of this section as if any reference in those subsections to that Act included a reference to this section.

.

Information.

69A

• (1) For the purpose of facilitating—

• (a) the making of a determination under section 69(1); or

• (b) the preparation or conduct of discussions concerning Community arrangements for or relating to the regulation of the market for sugar,

the appropriate Minister may serve on any processor of home-grown beet a notice requiring him to furnish in writing, within such period as is specified in the notice, such information as is so specified.

• (2) Subject to subsection (3), information obtained under subsection (1) shall not be disclosed without the previous consent in writing of the person by whom the information was furnished; and a person who discloses any information so obtained in contravention of this subsection shall be liable—

• (a) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;

• (b) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.

• (3) Nothing in subsection (2) shall restrict the disclosure of information to any of the Ministers or the disclosure—

• (a) of information obtained under subsection (1)(a)—

• (i) to a person designated to make a determination under section 69(1); or

• (ii) to a body which substantially represents the growers of home-grown beet; or

• (b) of information obtained under subsection (1)(b), to the EU institution concerned.

• (4) In this section “ the appropriate Minister ” means—

• (a) in relation to England, the Minister of Agriculture, Fisheries and Food; and

• (b) in relation to Scotland or Wales, the Secretary of State

Section 41(1) Food and Drugs Act1955 c. 16. (4 & 5 Eliz. 2)

Public Health (Shell-Fish) Regulations S.R. & O. 1934/1342

Orders under Defence (Sale of Food) Regulations S.R. & O. 1943/1553

Orders

2

The Table does not generally acknowledge transfers of ministerial functions.

Editorial notes