The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000

Regulation 8

SCHEDULE 6 REGULATIONS RELATING TO NOVEL FOODS AND FOOD IRRADIATION: CONSEQUENTIAL PROVISIONS

PART I Consequential modifications to the Novel Foods and Novel Food Ingredients Regulations 1997

1.  In regulation 3(1)(a), for the words “the Secretary of State for Scotland” there is substituted the words “the Food Standards Agency”.

2.  Regulation 3(2) is deleted.

PART II Consequential modifications to the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997

1.  Regulation 2 is deleted.

2.  For regulation 3(1) there is substituted the following paragraph–

“(1) Any person who, pursuant to article 4.1 of Regulation (EC) No. 258/97 (“258/97”) of the European Parliament and of the Council, concerning novel foods and novel food ingredients, and regulation 3(1) of the Novel Foods and Novel Food Ingredients Regulations 1997 (requests relating to novel foods or novel food ingredients and deregulation of food assessment body), submits to the Food Standards Agency, a request relating to a novel food or a novel food ingredient, shall, at the time he submits that request, pay to the Food Standards Agency, in connection with the services provided by it, acting as the food assessment body for the purposes of 258/97, the appropriate fee prescribed in regulation 4 below.”.

3.  Regulation 3(2) is deleted.

PART III Consequential modifications to the Food (Control of Irradiation) Regulations 1990

1.  In regulation 2(1)–

(a) after the definition of “the Act” there is inserted the following–

““the Agency” means the Food Standards Agency;”; and

(b) in the definition of “licensing authority”, for sub-paragraph (b) there is substituted the following sub-paragraph–

“(b) in relation to premises in Scotland, the Agency,”.

2.  In Schedule 2–

(a) in paragraph 1, for the words “the appropriate Ministers” there is substituted the words “the Agency”;

(b) paragraph 1(2)(a) is deleted;

(c) in paragraphs 2(1) and (2)–

(i) for the words “the appropriate Ministers”, wherever they occur in those provisions, there is substituted the words “the Agency”; and

(ii) for the words “they are”, wherever they occur in those provisions there is substituted the words “it is”; and

(d) in paragraph 2(3)–

(i) for the words “the appropriate Ministers cease” there is substituted the words “the Agency ceases”; and

(ii) for the word “they” there is substituted the word “it”.