Default powers
41.—(1) Where the Department is satisfied that—
(a)a district council (in this Article referred to as “the council in default”) have failed to discharge any functions conferred by or under this Order; and
(b)the council’s failure affects the general interests of consumers of food,
the Department may, by order, empower an officer of the Department to exercise, or procure the exercise of, that function in place of the council in default.
(2) For the purpose of determining whether the power conferred by paragraph (1) is exercisable, the Department may cause a local inquiry to be held.
(3) The Department may recover from the council in default any expenses reasonably incurred by it under paragraph (1); and for the purpose of paying any such amount the council in default may—
(a)raise money as if the expenses had been incurred directly by it as a district council; and
(b)if and to the extent that they are authorised to do so by the Department, borrow money in accordance with the statutory provisions relating to borrowing by a district council.