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The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No. 2) Order 1993 Revocation (Scotland) Order 2000

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Scottish Statutory Instruments

2000 No. 132

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No. 2) Order 1993 Revocation (Scotland) Order 2000

Made

5th May 2000

Laid before the Scottish Parliament

9th May 2000

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred on them by section 1(1) and (2) of the Food and Environment Protection Act 1985(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No. 2) Order 1993 Revocation (Scotland) Order 2000 and shall come into force at 15.00 hours on 5th May 2000.

(2) This Order extends to Scotland and insofar as it extends beyond Scotland it does so only as a matter of Scots law.

Revocation

2.  The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No. 2) Order 1993(2) is hereby revoked.

J R WILDGOOSE

A member of staff of the Scottish Ministers

Pentland House,

Edinburgh

5th May 2000

Explanatory Note

(This note is not part of the Regulations)

This Order, which applies only to Scotland, revokes the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No. 2) Order (S.I. 1993/143) (“the principal Order”).

The principal Order prohibited–

(a)fishing for or taking fish within the area designated in the Schedule to the principal Order (article 4);

(b)movement of such fish out of that area (article 5); and

(c)the using in the preparation or processing for supply of food of, landing, supplying and other specified activities in relation to such fish from the designated area (article 6),

in order to prevent human consumption of food rendered unsuitable for that purpose by virtue of fish and shellfish having been affected by oil and other chemical pollutants.

The principal Order had been partially revoked (by S.I. 1993/1151, S.I. 1993/3058, S.I. 1994/2555 and S.I. 1995/292) and remained only in force in relation to restrictions on fishing for mussels (Mytilis edulis) and Norway lobsters (Nephrops norvegicus). The effect of this Order is to remove the remaining prohibitions in respect of mussels (Mytilis edulis) and Norway lobsters (Nephrops norvegicus) in relation to the area of sea designated in the principal Order.

(1)

1985 c. 48; section 1(1) and (2) was amended by the Food Safety Act 1990 (c. 16), section 51(2)(a); section 1(2) defines designating authority; section 1(2) was further amended by the Scotland Act (Modification of Functions) Order 1999 (S.I. 1999/1756) and by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1993/143, partially revoked by S.I. 1993/1151, S.I. 1993/3058, S.I. 1994/2555 and S.I. 1995/292.

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