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Scottish Statutory Instruments

2001 No. 463

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Amnesic, Paralytic and Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Partial Revocation Order 2001

Made

14th December 2001

Laid before the Scottish Parliament

17th December 2001

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by section 1(1) and (2) and section 24(3) 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 and commencement

1.  This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic, Paralytic and Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Partial Revocation Order 2001 and shall come into force at 1700 hours on 14th December 2001.

Interpretation

2.  In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) (Amnesic, Paralytic and Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Order 2001(2).

Partial Revocation of the principal Order

3.  The principal Order is revoked insofar as it applies to Queen scallops of the class chlamys opercularis.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th December 2001

Explanatory Note

(This note is not part of the Order)

This Order is the first partial revocation of the Food Protection (Emergency Prohibitions) (Amnesic, Paralytic and Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Order 2001 (“the principal Order”) which prohibited–

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

(b)movement of such scallops out of that area (article 5 of the principal Order); and

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

The effect of this Order is to remove the prohibitions in respect of Queen scallops of the class chlamys opercularis from the area of sea designated in the Schedule to the principal Order.

(1)

1985 c. 48; section 1(1) and (2) was amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c. 16); section 1(2) defines “designating authority”; section 1(2) was further amended by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), Schedule, paragraph 10(2) and (3), the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 6 and the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.