Food Safety Act 1990

• (3C) Regulations made by the Scottish Ministers which include provision made by virtue of section 16(3A) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (4) Subject to subsection (4C) below, Before making—

• (a) any regulations under this Act, other than regulations under section 17(2) or 18(1)(c) above; or

• (b) any order under Part I of this Act,

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

• (4A) Before making any regulations or order under this Act, the Secretary of State shall have regard to any relevant advice given by the Food Standards Agency.

• (4B) If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.

• (4C) Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.

• (5) Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.

• (6) In the application of this section to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.

Form and authentication of documents.

49

• (1) The following shall be in writing, namely—

• (a) all documents authorised or required by or under this Act to be given, made or issued by a food authority; and

• (b) all notices and applications authorised or required by or under this Act to be given or made to, or to any officer of, such an authority.

• (2) the Secretary of State may by regulations prescribe the form of any 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.

• (3) Any document which a food authority are authorised or required by or under this Act to give, make or issue may be signed on behalf of the authority—

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

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

• (4) Any document purporting to bear the signature of an officer who is expressed—

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

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

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

• (5) In this section—

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

• “signature” includes a facsimile of a signature by whatever process reproduced.

Service of documents.

50

• (1) Any 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;

• (b) in the case of an authorised officer of an enforcement authority, by leaving it, or sending it in a prepaid letter addressed to him, at his office;

• (c) 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

• (d) 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.

• (2) Where a document is to be given to or served on the owner or the occupier of any premises and 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 the premises are unoccupied, the document may be given or served by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) and—

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

• (b) 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.

Amendments of other Acts

Contamination of food: emergency orders.

51

• (1) Part I of the Food and Environment Protection Act 1985 (contamination of food) shall have effect, and shall be deemed always to have had effect, subject to the amendments specified in subsection (2) below.

• (2) The amendments referred to in subsection (1) above are—

• (a) in subsection (1) of section 1 (power to make emergency orders), the substitution for paragraph (a) of the following paragraph—

(a) there exist or may exist circumstances which are likely to create a hazard to human health through human consumption of food;

;

• (b) in subsection (2) of that section, the omission of the definition of “escape”;

• (c) the substitution for subsection (5) of that section of the following subsection—

(5) An emergency order shall refer to the circumstances or suspected circumstances in consequence of which in the opinion of the designating authority making it food such as is mentioned in subsection (1)(b) above is, or may be, or may become, unsuitable for human consumption; and in this Act “designated circumstances” means the circumstances or suspected circumstances to which an emergency order refers in pursuance of this subsection.

;

• (d) in section 2(3) (powers when emergency order has been made), the substitution for the words “a designated incident” of the words “ designated circumstances ”;

• (e) in paragraph (a) of subsection (1) of section 4 (powers of officers), the substitution for the words “an escape of substances” of the words “ such circumstances as are mentioned in section 1(1) above ”; and

• (f) in paragraphs (b) and (c) of that subsection, the substitution for the words “the designated incident” of the words “ the designated circumstances ”.

Markets, sugar beet and cold storage.

52

In the Food Act 1984 (in this Act referred to as “the 1984 Act”)—

• (a) Part III (markets); and

• (b) Part V (sugar beet and cold storage),

shall have effect subject to the amendments specified in Schedule 2 to this Act.

Supplemental

General interpretation.

53

• (1) In this Act, unless the context otherwise requires—

• “the 1984 Act” means the Food Act 1984;

• “the 1956 Act” means the Food and Drugs (Scotland) Act 1956;

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

• “analysis” includes microbiological assay and any technique for establishing the composition of food, and “analyse” shall be construed accordingly;

• “animal” means any creature other than a bird or fish;

• “article” does not include a live animal or bird, or a live fish which is not used for human consumption while it is alive;

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

• “contravention”, in relation to any provision, includes any failure to comply with that provision;

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

• “equipment” includes any apparatus;

• “exportation” and “importation” have the same meanings as they have for the purposes of the Customs and Excise Management Act 1979, and “export” and “import” shall be construed accordingly;

• “fish” includes crustaceans and molluscs;

• “functions” includes powers and duties;

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

• “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;

• “milk” includes cream and skimmed or separated milk;

• “occupier”, in relation to any ship or aircraft of a description specified in an order made under section 1(3) above or any vehicle, stall or place, means the master, commander or other person in charge of the ship, aircraft, vehicle, stall or place;

• “officer” includes servant;

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

• “presentation”, in relation to food, includes the shape, appearance and packaging of the food, the way in which the food is arranged when it is exposed for sale and the setting in which the food is displayed with a view to sale, but does not include any form of labelling or advertising, and “present” shall be construed accordingly;

• “proprietor”, in relation to a food business, means the person by whom that business is carried on;

• “ship” includes any vessel, boat or craft, and a hovercraft within the meaning of the Hovercraft Act 1968, and “master” shall be construed accordingly;

• “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;

• “substance” includes any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;

• “treatment”, in relation to any food, includes subjecting it to heat or cold.

• (2) The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions defining or explaining an expression used only in the same section)—

authorised officer of a food authority	section 5(6)
Authorised officer of an enforcement authority	section 6(6)
business	section 1(3)
commercial operation	section 1(3) and (4)
contact material	section 1(3)
emergency control order	section 13(1)
emergency prohibition notice	section 12(1)
emergency prohibition order	section 12(2)
enforcement authority	section 6(1)
examination and examine	section 28(2)
food	section 1(1)
food authority	section 5
food business	section 1(3)
food information	section 15A
food information law	section 15A
food premises	section 1(3)
food safety requirements	section 8
food source	section 1(3)
improvement notice	section 10(1)
. . .	. . .
. . .
. . .	. . .
premises	section 1(3)
prohibition order	section 11(5)
public analyst	section 27(1)
Regulation ( EC ) No. 178/2002	section 1(2)
sale and related expressions	section 2
unfit for human consumption	section 8(4)

• (3) Any reference in this Act to regulations or orders made under it shall be construed as a reference to regulations or orders made under this Act by the Secretary of State.

• (4) For the purposes of this Act, any class or description may be framed by reference to any matters or circumstances whatever, including in particular, in the case of a description of food, the brand name under which it is commonly sold.

• (5) Where, apart from this subsection, any period of less than seven days which is specified in this Act would include any day which is—

• (a) a Saturday, a Sunday, Christmas Day or Good Friday; or

• (b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of Great Britain concerned,

that day shall be excluded from that period.

Application to Crown.

54

• (1) Subject to the provisions of this section, the provisions of this Act and of regulations and orders made under it shall bind the Crown.

• (2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of an enforcement authority, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Notwithstanding anything in subsection (2) above, the provisions of this Act and of regulations and orders made under it shall apply to persons in the public service of the Crown as they apply to other persons.

• (4) If the Secretary of State certifies that it appears to him requisite or expedient in the interests of national security that the powers of entry conferred by section 32 above should not be exercisable in relation to any Crown premises specified in the certificate, those powers shall not be exercisable in relation to those premises; and in this subsection “Crown premises” means premises held or used by or on behalf of the Crown.

• (5) Nothing in this section shall be taken as in any way affecting Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

Water supply: England and Wales.

55

Nothing in Part 2 of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether—

• (a) by a water undertaker;

• (b) by a water supply licensee (within the meaning of the Water Industry Act 1991); or

• (c) by means of a private supply (within the meaning of Part 3 of that Act).

Water supply: Scotland.

56

• (1) Nothing in Part II of this Act or any regulations or order made under that Part shall apply in relation to the supply of water to any premises, whether by Scottish Water or by means of a private supply (within the meaning of Part VIA of the Water (Scotland) Act 1980).

• (2) In the following provisions of that Act, namely—

• section 76A (duties of water authorities with respect to water quality); and

• section 76B (regulations for preserving water quality),

for the words “domestic purposes”, wherever they occur, there shall be substituted the words “ domestic or food production purposes ”.

• (3) In subsection (2) of section 76F of that Act (general functions of local authorities in relation to water quality), for the words “domestic purposes” there shall be substituted the words “ domestic or food production purposes ” and for the words “those purposes” there shall be substituted the words “ domestic purposes ”.

• (4) In subsection (1) of section 76G of that Act (remedial powers of local authorities in relation to private supplies), for the words “domestic purposes”, in the first place where they occur, there shall be substituted the words “ domestic or food production purposes ”.

• (5) In subsection (1) of section 76L of that Act (interpretation etc. of Part VIA), after the definition of “analyse” there shall be inserted the following definition—

“food production purposes” shall be construed in accordance with subsection (1A) below;

.

• (6) After that subsection there shall be inserted the following subsection—

(1A) In this Part references to food production purposes are references to the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used; and in this subsection “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises.

Scilly Isles and Channel Islands.

57

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications (if any) as may be specified in the Order.

Territorial waters and the continental shelf.

58

• (1) For the purposes of this Act the territorial waters of the United Kingdom adjacent to any part of Great Britain shall be treated as situated in that part.

• (2) An Order in Council under section 11 of the Petroleum Act 1998(application of civil law) may make provision for treating for the purposes of food safety legislation—

• (a) any installation which is in waters to which that section applies; and

• (b) any safety zone around any such installation,

as if they were situated in a specified part of the United Kingdom and for modifying such legislation in its application to such installations and safety zones.

• (3) Such an Order in Council may also confer on persons of a specified description the right to require, for the purpose of facilitating the exercise of specified powers under food safety legislation—

• (a) conveyance to and from any installation, including conveyance of any equipment required by them; and

• (b) the provision of reasonable accommodation and means of subsistence while they are on any installation.

• (4) In this section—

• “food safety legislation” means this Act and any regulations and orders made under it and any corresponding provisions in Northern Ireland;

• “installation” means an installation to which subsection (3) of the said section 11 applies;

• “safety zone” means an area which is a safety zone by virtue of Part III of the Petroleum Act 1987; and

• “specified” means specified in the Order in Council.

Amendments, transitional provisions, savings and repeals.

59

• (1) The enactments mentioned in Schedule 3 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

• (2) the Secretary of State may by order make such modifications of local Acts, and of subordinate legislation (within the meaning of the Interpretation Act 1978), as appear to them to be necessary or expedient in consequence of the provisions of this Act.

• (3) The transitional provisions and savings contained in Schedule 4 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the said Act of 1978 (which relate to the effect of repeals).

• (4) The enactments mentioned in Schedule 5 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

60

• (1) This Act may be cited as the Food Safety Act 1990.

• (2) The following provisions shall come into force on the day on which this Act is passed, namely—

• section 13;

• section 51; and

• paragraphs 12 to 15 of Schedule 2 and, so far as relating to those paragraphs, section 52.

• (3) Subject to subsection (2) above, this Act shall come into force on such day as the Ministers may by order appoint, and different days may be appointed for different provisions or for different purposes.

• (4) An order under subsection (3) above may make such transitional adaptations of any of the following, namely—

• (a) the provisions of this Act then in force or brought into force by the order; and

• (b) the provisions repealed by this Act whose repeal is not then in force or so brought into force,

as appear to the Ministers to be necessary or expedient in consequence of the partial operation of this Act.

• (5) This Act, except—

• this section;

• section 51,

• section 58(2) to (4); and

• paragraphs 7, 29 and 30 of Schedule 3 and, so far as relating to those paragraphs, section 59(1),

does not extend to Northern Ireland.

SCHEDULE 1

Composition of food

1

Provision for prohibiting or regulating—

• (a) the sale, possession for sale, or offer, exposure or advertisement for sale, of any specified substance, or of any substance of any specified class, with a view to its use in the preparation of food; or

• (b) the possession of any such substance for use in the preparation of food.

Fitness etc. of food

2

• (1) Provision for prohibiting—

• (a) the sale for human consumption; or

• (b) the use in the manufacture of products for sale for such consumption,

of food derived from a food source which is suffering or has suffered from, or which is liable to be suffering or to have suffered from, any disease specified in the regulations.

• (2) Provision for prohibiting or regulating, or for enabling enforcement authorities to prohibit or regulate—

• (a) the sale for human consumption; or

• (b) the offer, exposure or distribution for sale for such consumption,

of shellfish taken from beds or other layings for the time being designated by or under the regulations.

3

• (1) Provision for regulating generally the treatment and disposal of any food—

• (a) which is unfit for human consumption; or

• (b) which, though not unfit for human consumption, is not intended for, or is prohibited from being sold for, such consumption.

• (2) Provision for the following, namely—

• (a) for the registration by enforcement authorities of premises used or proposed to be used for the purpose of sterilising meat to which sub-paragraph (1) above applies, and for prohibiting the use for that purpose of any premises which are not registered in accordance with the regulations; or

• (b) for the issue by such authorities of licences in respect of the use of premises for the purpose of sterilising such meat, and for prohibiting the use for that purpose of any premises except in accordance with a licence issued under the regulations.

Processing and treatment of food

4

Provision for the following, namely—

• (a) for the giving by persons possessing such qualifications as may be prescribed by the regulations of written opinions with respect to the use of any process or treatment in the preparation of food, and for prohibiting the use for any such purpose of any process or treatment except in accordance with an opinion given under the regulations; or

• (b) for the issue by enforcement authorities of licences in respect of the use of any process or treatment in the preparation of food, and for prohibiting the use for any such purpose of any process or treatment except in accordance with a licence issued under the regulations.

Food hygiene

5

• (1) Provision for imposing requirements as to—

• (a) the construction, maintenance, cleanliness and use of food premises, including any parts of such premises in which equipment and utensils are cleaned, or in which refuse is disposed of or stored;

• (b) the provision, maintenance and cleanliness of sanitary and washing facilities in connection with such premises; and

• (c) the disposal of refuse from such premises.

• (2) Provision for imposing requirements as to—

• (a) the maintenance and cleanliness of equipment or utensils used for the purposes of a food business; and

• (b) the use, for the cleaning of equipment used for milking, of cleaning agents approved by or under the regulations.

• (3) Provision for requiring persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise, to undergo such food hygiene training as may be specified in the regulations.

6

• (1) Provision for imposing responsibility for compliance with any requirements imposed by virtue of paragraph 5(1) above in respect of any premises—

• (a) on the occupier of the premises; and

• (b) in the case of requirements of a structural character, on any owner of the premises who either—

• (i) lets them for use for a purpose to which the regulations apply; or

• (ii) permits them to be so used after notice from the authority charged with the enforcement of the regulations.

• (2) Provision for conferring in relation to particular premises, subject to such limitations and safeguards as may be specified, exemptions from the operation of specified provisions which—

• (a) are contained in the regulations; and

• (b) are made by virtue of paragraph 5(1) above,

while there is in force a certificate of the enforcement authority to the effect that compliance with those provisions cannot reasonably be required with respect to the premises or any activities carried on in them.

Production of food sources

6A

Provision for prohibiting or regulating—

• (a) the possession, sale or offer, exposure or advertisement for sale of any specified substance, or any substance of any specified class, with a view to its use in connection with the production of any food source;

• (b) the use of any specified substance, or any substance of any specified class, in connection with the production of any food source;

• (c) the carrying out of any other activity in connection with, or in a manner likely to affect, the production of any food source.

Inspection etc. of food sources

7

• (1) Provision for securing the inspection of food sources by authorised officers of enforcement authorities for the purpose of ascertaining whether they—

• (a) fail to comply with the requirements of the regulations; or

• (b) are such that any food derived from them is likely to fail to comply with those requirements.

• (2) Provision for enabling such an officer, if it appears to him on such an inspection that any food source falls (or is likely to fall) within sub-paragraph (1)(a) or (b) above, to give notice to the person in charge of the food source that, until a time specified in the notice or until the notice is withdrawn—

• (a) no commercial operations are to be carried out with respect to the food source; and

• (b) the food source either is not to be removed or is not to be removed except to some place so specified.

• (3) Provision for enabling such an officer, if on further investigation it appears to him, in the case of any such food source which is a live animal or bird, that there is present in the animal or bird any substance whose presence is prohibited by the regulations, to cause the animal or bird to be slaughtered.

8

• (1) Provision for the following in connection with a food hygiene information scheme, namely—

• (a) for a food authority—

• (i) to assess hygienic conditions and practices in food premises;

• (ii) to determine food hygiene ratings for food premises (by reference to criteria specified in or determined in accordance with the regulations);

• (iii) to give reasons for, and opportunities to comment on, food hygiene ratings;

• (iv) to issue certificates which show food hygiene ratings;

• (v) to inform Food Standards Scotland about food hygiene ratings;

• (b) for notifying the public of food hygiene ratings (for example, by requiring the display of certificates, or other information, in or on food premises, requiring persons involved in a food business to provide information about food hygiene ratings when asked to do so or requiring food authorities or Food Standards Scotland to publish food hygiene ratings);

• (c) for the review or appeal of food hygiene ratings;

• (d) for the promotion of the scheme.

• (2) Provision for a food hygiene rating to be based on an assessment of hygienic conditions and practices carried out before the regulations come into force.

SCHEDULE 2

Amendments of Part III

1

Part III of the 1984 Act (markets) shall be amended in accordance with paragraphs 2 to 11 below.

2

• (1) In subsection (1) of section 50 (establishment or acquisition of markets), for the words “The council of a district” there shall be substituted the words “ A local authority ” and for the words “their district”, in each place where they occur, there shall be substituted the words “ their area ”.

• (2) In subsection (2) of that section, for the words “the district” there shall be substituted the words “ the authority’s area ”.

• (3) For subsection (3) of that section there shall be substituted the following subsection—

(3) For the purposes of subsection (2), a local authority shall not be regarded as enjoying any rights, powers or privileges within another local authority’s area by reason only of the fact that they maintain within their own area a market which has been established under paragraph (a) of subsection (1) or under the corresponding provision of any earlier enactment

.

3

In section 51(2) (power to sell to local authority), the word “market” shall cease to have effect.

4

• (1) In subsection (1) of section 53 (charges by market authority), the words “and in respect of the weighing and measuring of articles and vehicles” shall cease to have effect.

• (2) For subsection (2) of that section there shall be substituted the following subsection—

(2) A market authority who provide— (a) a weighing machine for weighing cattle, sheep or swine; or (b) a cold air store or refrigerator for the storage and preservation of meat and other articles of food, may demand in respect of the weighing of such animals or, as the case may be, the use of the store or refrigerator such charges as they may from time to time determine.

• (3) In subsection (3)(b) of that section, the words “in respect of the weighing of vehicles, or, as the case may be,” shall cease to have effect.

5

For subsection (2) of section 54 (time for payment of charges) there shall be substituted the following subsection—

(2) Charges payable in respect of the weighing of cattle, sheep or swine shall be paid in advance to an authorised market officer by the person bringing the animals to be weighed.

6

In section 56(1) (prohibited sales in market hours), for the word “district” there shall be substituted the word “ area ”.

7

In section 57 (weighing machines and scales), subsection (1) shall cease to have effect.

8

After that section there shall be inserted the following section—

(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.

9

Section 58 (weighing of articles) shall cease to have effect.

10

In section 60 (market byelaws), after paragraph (c) there shall be inserted the following paragraph—

(d) after consulting the fire authority for the area in which the market is situated, for preventing the spread of fires in the market.

11

In section 61 (interpretation of Part III), the words from “and this Part” to the end shall cease to have effect and for the definition of “market authority” there shall be substituted the following definitions—

“fire authority” means an authority exercising the functions of a fire authority under the Fire Services Act 1947; “food” has the same meaning as in the Food Safety Act 1990; “local authority” means a district council, a London borough council or a parish or community council; “market authority” means a local authority who maintain a market which has been established or acquired under section 50(1) or under the corresponding provisions of any earlier enactment.

Amendments of Part V

12

Part V of the 1984 Act (sugar beet and cold storage) shall be amended in accordance with paragraphs 13 to 16 below.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In subsection (3) of section 69 (crop price), for the words “ “home-grown beet” means sugar beet grown in Great Britain; and” there shall be substituted the words “ and section 69A ”.

15

After that section there shall be inserted the following section—

(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.

16

Section 70 (provision of cold storage) shall cease to have effect.

SCHEDULE 3

The Public Health Act 1936 (c. 49)

1

An order made by the Secretary of State under section 6 of the Public Health Act 1936 may constitute a united district for the purposes of any functions under this Act which are functions of a food authority in England and Wales.

The London Government Act 1963 (c. 33)

2

Section 54(1) of the London Government Act 1963 (food, drugs, markets and animals) shall cease to have effect.

The Agriculture Act 1967 (c. 22)

3

In section 7(3) of the Agriculture Act 1967 (labelling of meat in relation to systems of classifying meat), the words from “and, without prejudice” to the end shall cease to have effect.

4

• (1) In subsection (2) of section 25 of that Act (interpretation of Part I), for the definition of “slaughterhouse” there shall be substituted the following definition—

“slaughterhouse” has, in England and Wales, the meaning given by section 34 of the Slaughterhouses Act 1974 and, in Scotland, the meaning given by section 22 of the Slaughter of Animals (Scotland) Act 1980;

.

• (2) In subsection (3) of that section, for the words from “Part II” to “1955” there shall be substituted the words “ section 15 of the Slaughterhouses Act 1974 or section 1 of the Slaughter of Animals (Scotland) Act 1980 ”.

The Farm and Garden Chemicals Act 1967 (c. 50)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Trade Descriptions Act 1968 (c. 29)

6

In section 2(5)(a) of the Trade Descriptions Act 1968 (certain descriptions to be deemed not to be trade descriptions), for the words “the Food Act 1984, the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ the Food Safety Act 1990 ”.

7

In section 22 of that Act (admissibility of evidence in proceedings for offences under Act), in subsection (2), the paragraph beginning with the words “In this subsection” shall cease to have effect, and after that subsection there shall be inserted the following subsection—

(2A) In subsection (2) of this section— - “the food and drugs laws” means the Food Safety Act 1990, the Medicines Act 1968 and the Food (Northern Ireland) Order 1989 and any instrument made thereunder; - “the relevant provisions” means— 1. in relation to the said Act of 1990, section 31 and regulations made thereunder; 2. in relation to the said Act of 1968, so much of Schedule 3 to that Act as is applicable to the circumstances in which the sample was procured; and 3. in relation to the said Order, Articles 40 and 44,

The Medicines Act 1968 (c. 67)

8

In section 108 of the Medicines Act 1968 (enforcement in England and Wales)—

• (a) for the words “food and drugs authority”, in each place where they occur, there shall be substituted the words “ drugs authority ”; and

• (b) after subsection (11) there shall be inserted the following subsection—

(12) In this section “drugs authority” means— (a) as respects each London borough, metropolitan district or non-metropolitan county, the council of that borough, district or county; and (b) as respects the City of London (including the Temples), the Common Council of that City.

9

In section 109 of that Act (enforcement in Scotland)—

• (a) paragraph (c) of subsection (2) shall cease to have effect; and

• (b) after that subsection there shall be inserted the following subsection—

(2A) Subsection (12) of section 108 of this Act shall have effect in relation to Scotland as if for paragraphs (a) and (b) there were substituted the words “ an islands or district council ”.

10

After section 115 of that Act there shall be inserted the following section—

(115A) A drugs authority or the council of a non-metropolitan district may provide facilities for microbiological examinations of drugs.

11

In section 132(1) of that Act (interpretation), the definition of “food and drugs authority” shall cease to have effect and after the definition of “doctor” there shall be inserted the following definition—

“drugs authority” has the meaning assigned to it by section 108(12) of this Act;

.

12

In paragraph 1(2) of Schedule 3 to that Act (sampling) for the words from “in relation to England and Wales” to “Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ except in relation to Northern Ireland, has the meaning assigned to it by section 27 of the Food Safety Act 1990 ”.

The Transport Act 1968 (c. 73)

13

In Schedule 16 to the Transport Act 1968 (supplementary and consequential provisions), in paragraph 7(2), paragraphs (d) and (e) shall cease to have effect.

The Tribunals and Inquiries Act 1971 (c. 62)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Agriculture (Miscellaneous Provisions) Act 1972 (c. 62)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Poisons Act 1972 (c. 66)

16

In section 8(4)(a) of the Poisons Act 1972 (evidence of analysis in proceedings under Act) for the words “section 76 of the Food Act 1984, or section 27 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 27 of the Food Safety Act 1990 ”.

The Local Government Act 1972 (c. 70)

17

In section 259(3) of the Local Government Act 1972 (compensation for loss of office)—

• (a) in paragraph (b), for the words “food and drugs authority, within the meaning of the Food Act 1984” there shall be substituted the words “ food authority within the meaning of the Food Safety Act 1990 ”;

• (b) in paragraph (c), for sub-paragraphs (i) and (ii) there shall be substituted the words “ which are incorporated or reproduced in the Slaughterhouses Act 1974 or the Food Safety Act 1990 ”; and

• (c) the words “section 129(1) of the Food and Drugs Act 1955” shall cease to have effect.

The Slaughterhouses Act 1974 (c. 3)

18

In the following provisions of the Slaughterhouses Act 1974, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) section 4(2)(a) (requirements to be complied with in relation to knacker’s yard licences);

• (c) section 12(2) (regulations with respect to slaughterhouses and knackers’ yards to prevail over byelaws); and

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the words “section 13 of the Food Act 1984” there shall be substituted the words “ section 16 of the Food Safety Act 1990 ”.

The Licensing (Scotland) Act 1976 (c. 66)

19

In section 23(4) of the Licensing (Scotland) Act 1976 (application for new licence), for the words “section 13 of the Food and Drugs (Scotland) Act 1956” there shall be substituted “ section 16 of the Food Safety Act 1990 ”.

The Weights and Measures &c. Act 1976 (c. 77)

20

• (1) In subsection (1) of section 12 of the Weights and Measures &c. Act 1976 (shortages of food and other goods), for paragraphs (a) and (b) there shall be substituted the following paragraph—

(a) section 16 of the Food Safety Act 1990 (“the 1990 Act”);

.

• (2) In subsection (9) of that section—

• (a) for paragraph (a) there shall be substituted the following paragraph—

(a) where it was imposed under the 1990 Act— (i) the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly in so far as it was imposed in relation to England and Wales; and (ii) the Secretary of State in so far as it was imposed in relation to Scotland;

; and

• (b) in paragraph (c), the words “the 1956 Act or” shall cease to have effect.

21

In Schedule 6 to that Act (temporary requirements imposed by emergency orders), for paragraphs 2 and 3 there shall be substituted the following paragraph—

(2) (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety Act 1990. (2) The following provisions of that Act— (a) Part I (preliminary); (b) Part III (administration and enforcement); and (c) sections 40 to 50 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 16 of that Act.

The Hydrocarbon Oil Duties Act 1979 (c. 5)

22

In Schedule 5 to the Hydrocarbon Oil Duties Act 1979 (sampling) in paragraph 5(d) for the words “section 76 of the Food Act 1984, section 27 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 27 of the Food Safety Act 1990 ”.

The Slaughter of Animals (Scotland) Act 1980 (c. 13)

23

In section 19(2) of the Slaughter of Animals (Scotland) Act 1980 (enforcement) for the words “section 13 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 16 of the Food Safety Act 1990 ” and for the words “section 36 of the said Act of 1956” there shall be substituted the words “ section 32 of the said Act of 1990 ”.

24

In section 22 of that Act (interpretation)—

• (a) for the definition of “knacker’s yard” there shall be substituted the following definition—

“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; and “knacker” means a person whose business it is to carry out such slaughtering, flaying or cutting up

; and

• (b) for the definition of “slaughterhouse” there shall be substituted the following definition—

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

.

The Civic Government (Scotland) Act 1982 (c. 45)

25

In section 39 of the Civic Government (Scotland) Act 1982 (street traders’ licences)—

• (a) in subsection (3)(b), for the words “section 7 of the Milk and Dairies (Scotland) Act 1914” there shall be substituted the words “ regulations made under section 19 of the Food Safety Act 1990 ”; and

• (b) in subsection (4)—

• (i) for the words “regulations made under sections 13 and 56 of the Food and Drugs (Scotland) Act 1956”, there shall be substituted the words “ section 1(3) of the Food Safety Act 1990 ”;

• (ii) for the words “islands or district council” there shall be substituted the words “ food authority (for the purposes of section 5 of the Food Safety Act 1990) ”; and

• (iii) for the words “sections 13 and 56 of the Food and Drugs (Scotland) Act 1956”, there shall be substituted the words “ section 16 of the Food Safety Act 1990 ”.

The Public Health (Control of Disease) Act 1984 (c. 22)

26

In section 3(2) of the Public Health (Control of Disease) Act 1984 (jurisdiction and powers of port health authority), for paragraph (a) there shall be substituted the following paragraph—

(a) of a food authority under the Food Safety Act 1990;

.

27

In section 7(3) of that Act (London port health authority), for paragraph (d) there shall be substituted the following paragraph—

(d) of a food authority under any provision of the Food Safety Act 1990.

28

• (1) In subsection (1) of section 20 of that Act (stopping of work to prevent spread of disease), in paragraph (b) for the words “subsection (1) of section 28 of the Food Act 1984” there shall be substituted “ subsection (1A) below ”.

• (2) After that subsection there shall be inserted the following subsection—

(1A) The diseases to which this subsection applies are— (a) enteric fever (including typhoid and paratyphoid fevers); (b) dysentery; (c) diphtheria; (d) scarlet fever; (e) acute inflammation of the throat; (f) gastro-enteritis; and (g) undulant fever.

The Food and Environment Protection Act 1985 (c. 48)

29

In section 24(1) of the Food and Environment Protection Act 1985 (interpretation)—

• (a) in the definition of “designated incident”, for the words “designated incident” there shall be substituted the words “ designated circumstances ”;

• (b) the definition of “escape” shall cease to have effect; and

• (c) for the definition of “food” there shall be substituted—

“food” has the same meaning as in the Food Safety Act 1990.

30

In section 25 of that Act (Northern Ireland) after subsection (4) there shall be inserted the following subsection—

(4A) Section 24(1) above shall have effect in relation to Northern Ireland as if for the definition of “food” there were substituted the following definition— “ “food” has the meaning assigned to it by Article 2(2) of the Food (Northern Ireland) Order 1989, except that it includes water which is bottled or is an ingredient of food;”

The Local Government Act 1985 (c. 51)

31

In paragraph 15 of Schedule 8 to the Local Government Act 1985 (trading standards and related functions)—

• (a) sub-paragraph (2) shall cease to have effect; and

• (b) at the end of sub-paragraph (6) there shall be added the words “ or section 5(1) of the Food Safety Act 1990 ”.

The Weights and Measures Act 1985 (c. 72)

32

In section 38 of the Weights and Measures Act 1985 (special powers of inspectors), subsection (4) (exclusion for milk) shall cease to have effect.

33

In section 93 of that Act (powers under other Acts with respect to marking of food) for the words “ Food Act 1984” there shall be substituted the words “ Food Safety Act 1990 ”.

34

In section 94(1) of that Act (interpretation), in the definition of “drugs” and “food” for the words “Food Act 1984, or, in Scotland, the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ Food Safety Act 1990 ”.

The Agriculture Act 1986 (c. 49)

35

In section 1(6) of the Agriculture Act 1986 (provision of agricultural goods and services), in the definition of “food”, for the words “Food Act 1984” there shall be substituted “ Food Safety Act 1990 ”.

The National Health Service (Amendment) Act 1986 (c. 66)

36

• (1) In subsection (2) of section 1 of the National Health Service (Amendment) Act 1986 (application of food legislation to health authorities and health service premises)—

• (a) for the words “appropriate authority” there shall be substituted the word “ Ministers ”; and

• (b) for the word “authority” there shall be substituted the word “ Ministers ”.

• (2) For subsection (7) of that section there shall be substituted—

(7) In this section— - “the Ministers” has the same meaning as in the Food Safety Act 1990; - “the food legislation” means the Food Safety Act 1990 and any regulations or orders made (or having effect as if made) under it; - “health authority”— (a) as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and (b) as respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984.

The Consumer Protection Act 1987 (c. 43)

37

In section 19(1) of the Consumer Protection Act 1987 (interpretation of Part II), in the definition of “food” for the words “Food Act 1984” there shall be substituted “ Food Safety Act 1990 ”.

The Road Traffic Offenders Act 1988 (c. 53)

38

In section 16(7) of the Road Traffic Offenders Act 1988 (meaning of “authorised analyst” in relation to proceedings under Act), for the words “section 76 of the Food Act 1984, or section 27 of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “ section 27 of the Food Safety Act 1990 ”.

SCHEDULE 4

Ships and aircraft

1

In relation to any time before the commencement of the first order under section 1(3) of this Act—

• (a) any ship which is a home-going ship within the meaning of section 132 of the 1984 Act or section 58 of the 1956 Act (interpretation) shall be regarded as premises for the purposes of this Act; and

• (b) the powers of entry conferred by section 32 of this Act shall include the right to enter any ship or aircraft for the purpose of ascertaining whether there is in the ship or aircraft any food imported as part of the cargo in contravention of the provisions of regulations made under Part II of this Act;

and in this Act as it applies by virtue of this paragraph “occupier”, in relation to any ship or aircraft, means the master, commander or other person in charge of the ship or aircraft.

Regulations under the 1984 Act

2

• (1) In so far as any existing regulations made, or having effect as if made, under any provision of the 1984 Act specified in the first column of Table A below have effect in relation to England and Wales, they shall have effect, after the commencement of the relevant repeal, as if made under the provisions of this Act specified in relation to that provision in the second column of that Table, or such of those provisions as are applicable.

• (2) In this paragraph and paragraphs 3 and 4 below “existing regulations” means—

• (a) any regulations made, or having effect as if made, under a provision repealed by this Act; and

• (b) any orders having effect as if made under such regulations,

which are in force immediately before the coming into force of that repeal; and references to the commencement of the relevant repeal shall be construed accordingly.

Provision of the 1984 Act	Provision of this Act
section 4 (composition etc. of food)	sections 16(1)(a), (c) and (f) and (3) and 17(1)
section 7 (describing food)	section 16(1)(e)
section 13 (food hygiene)	section 16(1)(b), (c), (d) and (f), (2) and (3)
section 33 (milk and dairies)	section 16(1)(b), (c), (d) and (f), (2) and (3)
section 34 (registration), so far as relating to dairies or dairy farms	section 19
section 38 (milk: special designations)	section 18(2)
section 73(2) (qualification of officers)	section 5(6)
section 76(2) (public analysts)	section 27(2)
section 79(5) (form of certificate)	section 49(2)
section 119 ( EU provisions)	section 17(2)

Regulations under the 1956 Act

3

Any existing regulations made, or having effect as if made, under any provision of the 1956 Act specified in the first column of Table B below shall have effect, after the commencement of the relevant repeal, as if made under the provisions of this Act specified in relation to that provision in the second column of that Table, or such of those provisions as are applicable.

Other regulations

4

In so far as any existing regulations made under section 1 of the Importation of Milk Act 1983 have effect in relation to Great Britain, they shall have effect, after the commencement of the relevant repeal, as if made under section 18(1)(c) of this Act.

Orders with respect to milk in Scotland

5

the Milk and Dairies (Scotland) Act 1914 (orders with respect to milk) shall have effect, after the commencement of the relevant repeal, as if it were regulations made under section 16(1)(b), (d) and (f) and (2) of this Act.

• (2) Any existing order made under section 3 of the Milk and Dairies (Amendment) Act 1922 (sale of milk under special designations) shall have effect, after the commencement of the relevant repeal, as if it were regulations made under section 18(2) of this Act.

• (3) In this paragraph “existing order” means any order made under a provision repealed by this Act which is in force immediately before the coming into force of that repeal; and references to the commencement of the relevant repeal shall be construed accordingly.

Disqualification orders

6

The repeal by this Act of section 14 of the 1984 Act (court’s power to disqualify caterers) shall not have effect as respects any order made, or having effect as if made, under that section which is in force immediately before the commencement of that repeal.

Food hygiene byelaws

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure orders

8

The repeal by this Act of section 21 of the 1984 Act or section 1 of the Control of Food Premises (Scotland) Act 1977 (closure orders) shall not have effect as respects any order made, or having effect as if made, under that section which is in force immediately before the commencement of that repeal.

SCHEDULE 5

Editorial notes

[^c10202401]: Act restricted (E.W.S.) by Weights and Measures Act 1985 (c. 72, SIF 131), s. 93 (as amended by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(1), Sch. 3 para. 33) Act amended (1.4.2000) by 1999 c. 28, s. 14(9) (with ss. 15, 38); S.I. 2000/1066, art. 2 Act applied (with modifications) (1.4.2000) by 1999 c. 28, s. 36(4) (with s. 38); S.I. 2000/1066, art. 2 Act: amended (temp from 11.11.1999 to 2.12.1999) by 1999 c. 28, s. 43(4) (with s. 38); S.I. 1999/3208, art. 2 Act: (except s. 54(4) and subject to entry in Sch. 1) transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 Act: transfer of functions (27.12.1999 subject to art. 3 of the S.I.) by S.I. 1999/3141, art. 2(6)

[^c10202411]: Act except specified provisions does not extend to Northern Ireland see s. 60(5)

[^c10202471]: S. 1 applied (with modifications)(1.1.1995) by S.I. 1994/3144, reg. 9(14)

[^c10202491]: Words in s. 1(2)(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c10202561]: S. 2 applied (9.4.1992) by S.I. 1992/496, reg. 7(1)(a) S. 2 applied: (13.9.1992) by S.I. 1992/1971, reg. 9(a); (14.9.1992) by S.I. 1992/1978, reg. 7(a) S. 2 applied: (14.7.1993) by S.I. 1993/1520, reg. 2(2)(a); (29.7.1993) by S.I. 1993/1658, reg. 7(a) S. 2 applied (W.) (1.4.2001) by S.I. 2001/1360, reg. 7(1)(a) S. 2 applied: (E.) (23.3.2002) by S.I. 2002/773, reg. 5(4) (which S.I. was revoked (13.9.2002) by S.I. 2002/2351, reg. 7); (E.) (23.3.2002) by S.I. 2002/774, reg. 5(4) (which S.I. was revoked (13.9.2002) by S.I. 2002/2350, reg. 7); (S.) (25.3.2002) by S.S.I. 2002/148, regs. 1(1), 5(4) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002) by S.S.I. 2002/149, regs. 1(1), 5(4) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/425, reg. 7); (W.) (26.3.2002) by S.I. 2002/820, reg. 5(4) (which S.I. was revoked (9.9.2002) by S.I. 2002/2295, reg. 7); (W.) (26.3.2002) by S.I. 2002/821, reg. 5(4) (which S.I. was revoked (9.9.2002) by S.I. 2002/2296, reg. 7); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(4); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(4); (E.) (20.6.2002) by S.I. 2002/1614, reg. 5(4); (S.) (24.6.2002) by S.S.I. 2002/300, reg. 5(4); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(4); (W.) (12.7.2002) by S.I. 2002/1798, reg. 5(4); (W.) (2.8.2002) by S.I. 2002/1886, reg. 7(4)

[^c10202571]: S. 2 applied (with modifications) (5.11.1991) by S.I. 1991/2486, reg. 7(1) S. 2 applied (with modifications): (1.7.1992) by S.I. 1992/1357, reg. 9; (31.12.1992) by S.I. 1992/3236, reg. 11(1) S. 2 applied (with modifications): (1.4.1994) by S.I. 1994/743, reg. 8(1)(a); (2.9.1994) by S.I. 1994/2127, reg. 5 S. 2 applied (with modifications): (1.1.1995) by S.I. 1994/3082, reg. 21; (1.4.1995) by S.I. 1995/539, reg. 22 and S.I. 1995/540, reg. 24; (9.5.1995) by S.I. 1995/1086, reg. 20(1)(a); (15.6.1995) by S.I. 1995/1372, reg. 20(1)(a); (10.7.1995) by S.I. 1995/1544, reg. 10; (15.9.1995) by S.I. 1995/1763, reg. 7(a); (15.9.1995) by S.I. 1995/2200, reg. 18; (20.9.1995) by S.I. 1995/2148, reg. 17 (1.1.1996) by S.I. 1995/3116, reg. 8; (1.1.1996) by S.I. 1995/3123, reg. 9(a); (1.1.1996) by S.I. 1995/3124, reg. 11(a); (1.1.1996) by S.I. 1995/3187, reg. 9; (1.1.1996) by S.I. 1995/3202, reg. 11; (1.1.1996) by S.I. 1995/3205, reg. 14; (1.1.1996) by S.I. 1995/3240, reg. 10(a) (which S.I. was revoked (1.7.1996) by S.I. 1996/1499, reg. 49, Sch. 9) S. 2 applied (with modifications): (29.3.1996) by S.I. 1996/961, art. 4(a); (1.7.1996) by S.I. 1996/1499, reg. 48; (1.7.1996) by S.I. 1996/1502, reg. 6; (5.7.1996) by S.I. 1996/1743, reg. 5 (which S.I. was revoked (1.9.1996) by S.I. 1996/2097, reg. 8); (1.9.1996) by S.I. 1996/2097, reg. 6 S. 2 applied (with modifications): (16.6.1997) by S.I. 1997/1335, reg. 6; (30.6.1997) by S.I. 1995/1544, reg. 10(1) (as substituted (30.6.1997) by S.I. 1997/1414, reg. 3); (11.8.1997) by S.I. 1997/1729, reg. 34(1)(a); (17.11.1997) by S.I. 1997/2537, reg. 9; (31.3.1999) by: S.I. 1997/2042, reg. 9 and S.I. 1997/2182, reg. 9; (16.12.1997) by S.I. 1997/2959, reg. 11; (1.1.1998) by S.I. 1997/2965, reg. 30 S. 2 applied (with modifications): (19.2.1998) by S.I. 1998/141, reg. 10(a); (1.4.1998) by S.I. 1998/616, reg. 6(1)(a); (31.10.1998) by S.I. 1998/2424, reg. 8 S. 2 applied (with modifications): (S.) (1.10.1999) by S.S.I. 1999/34, reg. 8(1); (S.) (17.12.1999) by S.S.I. 1999/186, art. 9; (19.3.1999) by S.I. 1996/1499, reg. 48 (as substituted by S.I. 1999/747, reg. 11); (30.6.1999) by S.I. 1999/1540, reg. 19(1)(a); (1.10.1999) by S.I. 1999/2457, reg. 8(1) S. 2 applied (with modifications): (E.) (10.4.2000) by S.I. 2000/768, reg. 10(1); (S.) (10.4.2000) by S.S.I. 2000/83, reg. 10(1); (E.) (1.11.2001) by S.I. 2000/845, reg. 7(a); (W.) (25.7.2000) by S.I. 2000/1925, art. 10(1); (W.) (1.11.2001) by S.I. 2000/1866, reg. 7(a); (S.) (1.11.2001) by S.S.I. 2000/130, reg. 7(a); (E.) (15.1.2001) by S.I. 2000/3323, reg. 10(a) S. 2 applied (with modifications): (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10; (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(1); (W.) (1.5.2001) by S.I. 2001/1440, reg. 10(a) S. 2 applied (with modifications): (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(a); (E.W.) (8.3.2002) by S.I. 2002/333, reg. 6(a); (E.) (4.4.2002) by S.I. 2002/931, reg. 5(1)(a); (S.) (4.4.2002) by S.S.I. 2002/179, reg. 6(1)(a); (W.) (16.4.2002) by S.I. 2002/1090, reg. 5(1)(a); (E.) (5.8.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/1817, regs. 1(2)(3), 9(a); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(a); (W.) (31.12.2002 for certain purposes and otherwise 1.4.2004) by S.I. 2002/2939, regs. 1(2)(3), 9(a); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(a); (W.) (9.1.2003) by S.I. 2002/3157, reg. 5(1)(a); (E.) (13.1.2003) by S.I. 2002/3169, reg. 5(1)(a)

[^c10202601]: Words in s. 2(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

[^c10202611]: S. 3 extended (with modifications) (8.1.1992) by S.I. 1991/2843, reg. 22(1)(a)

[^c10202621]: S. 3 applied: (9.4.1992) by S.I. 1992/496, reg. 7(1)(b); (13.9.1992) by S.I. 1992/1971, reg. 9(b); (14.9.1992) by S.I. 1992/1978, reg. 7(b); (1.10.1992) by S.I. 1992/2037, reg. 23(a) (which S.I. was revoked (1.4.1995) by S.I. 1995/539, reg. 25, Sch. 22 (with regs. 3(2), 25, Sch. 22)) S. 3 applied: (14.7.1993) by S.I. 1993/1520, reg. 2(2)(b); (29.7.1993) by S.I. 1993/1658, reg. 7(b)