Power to issue codes of recommended practice
24.—(1) For the guidance of food authorities, the Scottish Ministers may issue codes of recommended practice as regards the execution and enforcement of the Hygiene 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 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 by or under the Hygiene Regulations, every 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.