Office of Public Sector Information
Section 5(4).
1 (1) This paragraph applies to any advisory committee established under section 5(1).
(2) Such a committee shall consist of—
(a) a chairman appointed by the appropriate authority from among the members of the Agency;
(b) such other persons as may be appointed by the appropriate authority, after consulting the Agency.
(3) No more than one member appointed under sub-paragraph (2)(b) may be a member of the Agency.
(4) The basic terms of reference of a committee to which this paragraph applies are to carry out the purpose mentioned in section 5(1); but the Agency may, with the approval of the appropriate authority, supplement the terms of reference of any such committee.
(5) In this paragraph “appropriate authority”, in relation to any committee, means the appropriate authority for the part of the United Kingdom for which the committee is established.
2 (1) This paragraph applies to a committee established under section 5(2).
(2) Such a committee shall consist of a chairman and such other persons as may be appointed by the Secretary of State, after consulting the Agency.
(3) No more than two persons appointed under sub-paragraph (1) may be members of the Agency.
(4) The basic terms of reference of such a committee shall be to carry out the purpose mentioned in section 5(2); but the Agency may, with the approval of the Secretary of State, supplement the terms of reference of any such committee.
3 (1) The members of a committee established under section 5(3) shall consist of such persons as may be appointed by the Agency, after consulting the appropriate authorities.
(2) The members so appointed may include members of the Agency.
(3) The terms of reference of such a committee shall be such as the Agency may determine.
4 The Agency may, after consulting the appropriate authorities, abolish a committee established under section 5(3).
5 The Agency may pay to the members of an advisory committee established under section 5 such remuneration or allowances in respect of expenses (or both) as the Agency may determine.
6 Any expenditure incurred by an advisory committee established under section 5 shall be defrayed by the Agency.
7 (1) The Secretary of State or the Minister of Agriculture, Fisheries and Food may direct that any advisory committee specified in the direction shall, from such date as may be so specified, be treated as if it had been established by the Agency under section 5 and its members appointed in accordance with paragraph 3(1).
(2) A direction under this paragraph may be given only if the committee in question is maintained for the purpose of giving advice or information to any one or more public authorities on matters connected with the Agency’s functions.
(3) A direction under this paragraph may not be given in relation to a committee which—
(a) is established on or after the day on which this paragraph comes into force; or
(b) is established, or is required to be established, by any enactment.
(4) Before giving a direction under this paragraph the person giving it shall consult—
(a) the Agency; and
(b) any public authority which the committee is maintained to give advice as mentioned in sub-paragraph (2).
8 (1) Without prejudice to the generality of section 21, the Agency may join with one or more other public authorities in making arrangements for establishing a joint committee to advise the Agency and the other authority or authorities on such matters connected with their functions as they may determine.
(2) The membership, terms of reference and any remuneration or allowances for members shall be in accordance with those arrangements.
(3) The expenditure of a joint advisory committee shall be defrayed by the Agency and the other authority or authorities in accordance with those arrangements.
(4) The Agency shall consult the appropriate authorities before making any arrangements under this paragraph.
Section 18.
1 This Part has effect for conferring functions under the 1990 Act on the Agency (and references to sections are to sections of the 1990 Act).
2 The Agency—
(a) may be directed to discharge duties of food authorities under section 6(3);
(b) may be specified as an enforcement authority for regulations or orders in pursuance of section 6(4); and
(c) may take over the conduct of proceedings mentioned in section 6(5) either with the consent of the person who instituted them or when directed to do so by the Secretary of State.
3 The Agency may grant consent under subsection (3), and give directions under subsection (5), of section 13.
4 (1) The Agency may, after consulting the Secretary of State—
(a) give directions to food authorities under section 40(2)(b) as to steps to be taken in order to comply with codes of practice under section 40; and
(b) enforce any such directions.
(2) The Agency may undertake consultation with representative organisations regarding proposals for codes of practice under section 40.
5 The Agency may exercise the power to require returns or other information from food authorities under section 41.
6 The Agency may be empowered by an order under section 42 to discharge any duty of a food authority.
7 The Agency may undertake consultation with representative organisations required by section 48 regarding proposals for regulations or orders under the 1990 Act.
8 This Part has effect for conferring functions under the 1991 Order on the Agency (and references to Articles are to Articles of the 1991 Order).
9 The Agency may grant consent under paragraph (3), and give directions under paragraph (5), of Article 12.
10 The Agency—
(a) may be directed to discharge duties of district councils under Article 26(2);
(b) may be specified as an authority to enforce and execute regulations or orders in pursuance of Article 26(3); and
(c) may take over the conduct of proceedings mentioned in Article 26(4) either when directed to do so by the Department of Health and Social Services for Northern Ireland or with the consent of the district council which instituted them.
11 (1) The Agency may, after consulting the Department of Health and Social Services for Northern Ireland—
(a) give directions to district councils under Article 39(2)(b) as to steps to be taken in order to comply with codes of practice under Article 39; and
(b) enforce any such directions.
(2) The Agency may undertake consultation with representative organisations regarding proposals for codes of practice under Article 39.
12 The Agency may exercise the power to require returns or other information from district councils under Article 40.
13 The Agency may be empowered by an order under Article 41 to discharge any duty of a district council.
14 The Agency may undertake consultation with representative organisations required by Article 47 regarding proposals for regulations or orders under the 1991 Order.
15 (1) The Medicines Act 1968 shall be amended as follows.
(2) In section 4 (establishment of committees), after subsection (5) there shall be inserted the following subsection—
“(5A) Where a committee is established under this section for purposes including the consideration of veterinary products as defined in section 29(2) of the Food Standards Act 1999, one member of the committee shall be appointed by the Ministers establishing the committee on the nomination of the Food Standards Agency.”
(3) In section 129 (orders and regulations), after subsection (6) there shall be inserted the following subsection—
“(6A) The organisations to be consulted under subsection (6) of this section include, where any provisions of the regulations or order apply to veterinary products as defined in section 29(2) of the Food Standards Act 1999, the Food Standards Agency.”
16 (1) The Agency shall have the following functions under the Food and Environment Protection Act 1985.
(2) The Agency may exercise the following powers under section 2 (powers when emergency order has been made)—
(a) the power to give consents under subsection (1);
(b) the power to give directions or do anything else under subsection (3);
(c) the power to recover expenses under subsection (5) or (6).
(3) In section 7 (exemptions from need for licence under Part II), after subsection (3) there shall be inserted the following subsection—
“(3A) A licensing authority—
(a) shall consult the Food Standards Agency as to any order the authority contemplates making under this section; and
(b) shall from time to time consult that Agency as to the general approach to be taken by the authority in relation to the granting of approvals and the imposition of conditions under subsections (2) and (3) (including the identification of circumstances in which it may be desirable for the Agency to be consulted in relation to particular cases).”
(4) In section 8 (licences under Part II), after subsection (11) there shall be inserted the following subsections—
“(11A) The matters to which a licensing authority is to have regard in exercising powers under this section include any advice or information given to that authority by the Food Standards Agency (whether of a general nature or in relation to the exercise of a power in a particular case).
(11B) A licensing authority shall from time to time consult the Food Standards Agency as to the general manner in which the authority proposes to exercise its powers under this section in cases involving any matter which may affect food safety or other interests of consumers in relation to food (including the identification of circumstances in which it may be desirable for the Agency to be consulted in relation to particular cases).”
(5) In section 16 (control of pesticides), after subsection (9) there shall be inserted the following subsection—
“(9A) The Ministers—
(a) shall consult the Food Standards Agency as to regulations which they contemplate making; and
(b) shall from time to time consult that Agency as to the general approach to be taken by them in relation to the giving, revocation or suspension of approvals and the imposition of conditions on approvals (including the identification of circumstances in which it may be desirable for the Agency to be consulted in relation to particular cases).”
(6) In Schedule 5 (the Advisory Committee), after paragraph 1 there shall be inserted the following paragraph—
“1A. The committee shall include one member appointed by the Ministers on the nomination of the Food Standards Agency.”
17 In section 108(7) and section 111(7) of the Environmental Protection Act 1990 (grant of exemptions) after the words “Secretary of State” there shall be inserted the words “, or by the Secretary of State and the Food Standards Agency acting jointly,”.
18 For section 126 of that Act (exercise of certain functions relating to genetically modified organisms jointly by Secretary of State and Minister of Agriculture, Fisheries and Food) there shall be substituted the following section—
(1) Any power of the Secretary of State to make regulations under this Part (other than the power conferred by section 113 above) is exercisable, where the regulations to be made relate to any matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly.
(2) Any function of the Secretary of State under this Part (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly (but subject to subsection (3) below).
(3) Any function of the Secretary of State under sections 108(8) and 110 above is exercisable, where the function is to be exercised in relation to a matter with which the Agency is concerned—
(a) if it is a matter with which the Minister is also concerned, by the Secretary of State, the Minister and the Agency acting jointly;
(b) otherwise, by the Secretary of State and the Agency acting jointly.
(4) Accordingly, references in this Part to the Secretary of State shall, where subsection (1), (2) or (3) above applies, be treated as references to the authorities in question acting jointly.
(5) The Agency shall be consulted before—
(a) any regulations are made under this Part, other than under section 113 above, or
(b) any consent is granted or varied.
(6) The reference in section 113 above to expenditure of the Secretary of State in discharging functions under this Part in relation to consents shall be taken to include a reference to the corresponding expenditure of the Minister in discharging those functions jointly with the Secretary of State.
(7) The validity of anything purporting to be done in pursuance of the exercise of a function of the Secretary of State under this Part shall not be affected by any question whether that thing fell, by virtue of this section, to be done jointly with the Minister or the Agency (or both).
(8) In this section—
“the Agency” means the Food Standards Agency; and
“the Minister” means the Minister of Agriculture, Fisheries and Food.”
19 In Article 5(7) and Article 8(7) of the Genetically Modified Organisms (Northern Ireland) Order 1991 (grant of exemptions) after the word “Department” there shall be inserted the words “, or by the Department and the Food Standards Agency acting jointly,”.
20 (1) For Article 22 of that Order (exercise of certain functions relating to genetically modified organisms jointly by the Department of the Environment and the Department of Agriculture) there shall be substituted the following Article—
22 (1) Any power of the Department to make regulations under this Order (other than the power conferred by Article 10) is exercisable, where the regulations to be made relate to any matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly.
(2) Any function of the Department under this Order (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly (but subject to paragraph (3)).
(3) Any function of the Department under Articles 5(8) and 7 is exercisable, where the function is to be exercised in relation to a matter with which the Food Standards Agency is concerned—
(a) if it is a matter with which the Department of Agriculture is also concerned, by the Department, the Department of Agriculture and the Food Standards Agency acting jointly;
(b) otherwise, by the Department and the Food Standards Agency acting jointly.
(4) Accordingly, references in this Order to the Department shall, where paragraph (1), (2) or (3) applies, be treated as references to the authorities in question acting jointly.
(5) The Food Standards Agency shall be consulted before—
(a) any regulations are made under this Order, other than under Article 10, or
(b) any consent is granted or varied.
(6) The reference in Article 10 to expenditure of the Department in discharging functions under this Order in relation to consents shall be taken to include a reference to the corresponding expenditure of the Department of Agriculture in discharging those functions jointly with the Department.
(7) The validity of anything purporting to be done in pursuance of the exercise of a function of the Department under this Order shall not be affected by any question whether that thing fell, by virtue of this Article, to be done jointly with the Department of Agriculture or the Food Standards Agency (or both).”
(2) In consequence of sub-paragraph (1), in the definition of “the Department” in Article 2(2) of that Order, after the word “means” there shall be inserted the words “(subject to Article 22)”.
21 The Agency shall have the right to be consulted in the circumstances mentioned in subsection (4A) of section 16 or subsection (2A) of section 17 of the Radioactive Substances Act 1993 (proposals for granting or varying authorisations) about the matters mentioned in paragraphs (a) and (b) of that subsection.
Food Standards Act 1999