Scottish Statutory Instruments
AGRICULTURE
Made
19th April 2005
Laid before the Scottish Parliament
19th April 2005
Coming into force
11th May 2005
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) (in relation to regulations 3, 4 and 5) and by sections 6(4), 16(1), (2) and (3), 19(1)(a), 26(1), (2)(a) and (3), 48(1) and 49(2) of and paragraphs 3(1), 5(1), (2)(a) and 6(1) of Schedule 1 to the Food Safety Act 1990(2), and having had regard in accordance with section 48(4A) of the Food Safety Act 1990 to relevant advice given by the Food Standards Agency, hereby make the following Regulations:
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3). Sections 16(1) and (2), 19(1), 48(1) and 49(2)were amended by section 40(1) and paragraph 8 of Schedule 5 to the 1999 Act, section 26(3) was amended by section 40(4) and Schedule 6 to the 1999 Act and section 48(4A) was inserted by section 40(1) and paragraph 21 of Schedule 5 to the 1999 Act. Section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990. Amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not so transferred, those functions under sections 6(4), 16, 19, 26, 48 and 49 and Schedule 1 of the 1990 Act were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).