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

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PART VConsequential 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.

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