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The Official Feed and Food Controls (Scotland) Regulations 2005

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Power to issue codes of recommended practice

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7.—(1) For the guidance of feed authorities and food authorities, the Scottish Ministers may issue codes of recommended practice as regards–

(a)the exercise of functions conferred upon those authorities in their capacity as competent authorities by or under Regulation 882/2004; and

(b)the execution and enforcement of Part 3 of these Regulations,

and any such code shall be laid before the Scottish Parliament after being issued.

(2) The Agency may, after consulting the Scottish Ministers, give a feed authority or a food authority a direction requiring it to take any specified steps in order to comply with a code issued under this regulation.

(3) In exercise of the functions conferred on it as a competent authority by or under Regulation 882/2004, and in executing and enforcing Part 3 of these Regulations, every feed authority and food authority–

(a)shall have regard to any relevant provision of any such code; and

(b)shall comply with any direction which is given under this regulation and requires it to take any specified steps in order to comply with such a code.

(4) Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by an order of the Court of Session under section 45 of the Court of Session Act 1988(1).

(5) The Agency shall consult the Scottish Ministers before making an application under paragraph (4).

(6) Before issuing any code under this regulation, the Scottish Ministers shall have regard to any relevant advice given by the Agency.

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