The Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005

Scottish Statutory Instruments

2005 No. 332

FOOD

The Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005

Made

8th June 2005

Laid before the Scottish Parliament

9th June 2005

Coming into force

1st July 2005

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(b), (d), (e) and (f), (2) and (3), 17(1) and (2), 19(1)(a), 26(1)(a), (2)(a), (b), (c), (e) and (f), (3), 48(1) and paragraphs 5 and 7 of Schedule 1 to the Food Safety Act 1990, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency(1) and in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

(1)

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) and 48(1) were amended by the 1999 Act, section 40(1) and Schedule 5, paragraph 8, section 17(1) and (2) was amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12, section 26(3) was amended by the 1999 Act, section 40(4) and Schedule 6. Section 48(4A) was inserted by section 40(1) and paragraph 21 of Schedule 5 to the 1999 Act. 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, section 48(4) is disapplied in respect of these regulations by virtue of section 48(4C), inserted by S.I. 2004/2990. The functions of the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not transferred those functions under sections 6(4), 16(1), 17, 26 and 48(1) 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).

(2)

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 under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.