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

Regulation 10

SCHEDULE 8 OTHER ENACTMENTS: CONSEQUENTIAL PROVISIONS

PART I Consequential modifications to the Sludge (Use in Agriculture) Regulations 1989

In regulation 8(4) in paragraph (iii), after the words “the Secretary of State for Scotland” there is added the words “and the Food Standards Agency”.

PART II Consequential modifications to the Environmental Protection (Applications, Appeals and Registers) Regulations 1991

1.  In regulation 4(1), after sub-paragraph (l) there is added the following–

“(m) the Food Standards Agency, in the case of all prescribed processes designated for central control which will be carried on in Scotland.”.

PART III Consequential modifications to the Welfare of Animals (Slaughter or Killing) Regulations 1995

1.  In regulation 2(1), the following definition is inserted in the appropriate alphabetical position–

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

2.—(1) In each of the provisions specified in sub-paragraph (2) below, for the words “the Minister”, wherever they occur in those provisions, there is substituted the words “the Agency, on behalf of the Scottish Ministers,”.

(2) The provisions referred to in sub-paragraph (1) above are paragraphs 5(1), (4), 8, 9(1), 10 and 11(1) of Schedule 1.

(3) In paragraphs 5(2) and 6(2) of Schedule 1, for the words “the Minister” there is substituted the words “The Agency, acting on behalf of the Scottish Ministers,”.

3.  In paragraph 4(1)(a) of Schedule 1, after the words “the Minister” there is inserted the words “or the Agency, on behalf of the Scottish Ministers,”.

4.—(1) In paragraph 5(1) of Schedule 1, for the word “he”, where this relates to “the Minister”, there is substituted the words “the Agency”.

(2) In paragraph 5(1)(a) of Schedule 1, for the word “his”, where this relates to “the Minister”, there is substituted the word “the Agency's”.

(3) In paragraph 9(1)(a) and (b) of Schedule 1, the words “he is” are deleted.

(4) In paragraph 10 of Schedule 1, for the words “as he may determine” there is substituted the words “as the Scottish Ministers may determine”.

(5) In paragraph 11(1) of Schedule 1, for the word “he”, where this relates to “the Minister”, there is substituted the words “he or the Agency”.

PART IV Consequential modiciations to the Bovines and Bovine Products (Trade) Regulations 1999

1.  In regulation 2(1), after the definition of “additional mark” there is inserted the following–

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

2.  In regulation 14(1), (2) and (3), for the words “the Minister”, wherever they occur, there is substituted “the Scottish Ministers, or the Agency on their behalf,”.

PART V Consequential modifications to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

1.  In regulation 2(1)–

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

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

(b) the definition of “the Minister” is deleted.

2.—(1) In regulations 4(1)(d)(i), (2) and (6) and paragraphs 1, 4 and 6 of Part II to Schedule 1, for the words “the Minister”, wherever they occur, there is substituted the words “the Agency”.

(2) For regulation 4(3) and (4) there is substituted–

“(3) Where the relevant authority in Scotland decides either not to grant or to withdraw recognition of a water for the purposes of Article 1 the person who exploits the relevant spring, or if different, the person who owns land on which the relevant spring is situated, may apply to the Agency for a review of that decision.

(4) Upon an application for review of a decision being made pursuant to paragraph (3) above the Agency shall make such inquiry into the matter as may seem to it appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority to grant or restore, as appropriate, recognition of the water in question for the purposes of Article 1, and in the case of such a direction the relevant authority shall thereupon comply with the said direction.”