Food and Environment Protection Act 1985

2 Powers of Ministers when emergency order has been made. U.K.

(1) [F1 A designating authority] may consent, either unconditionally or subject to any condition that [F1 the designating authority] considers appropriate, to the doing in a particular case of anything prohibited by an emergency order.

(2) It shall be a defence for a person charged with an offence under section 1(6) above to show—

(a) that consent had been given under subsection (1) above to the contravention of the emergency prohibition ; and

(b) that any condition subject to which that consent had been given was complied with.

(3) [F1 A designating authority]—

(a) may give any person such directions as appear to [F1 the designating authority] to be necessary or expedient for the purpose of preventing human consumption of food which [F1 the designating authority] believes, on reasonable grounds, is, or may be, or may become, unsuitable for human consumption in consequence of [F2 designated circumstances]; and

(b) may do anything which appears to [F1 the designating authority] to be necessary or expedient for that purpose ;

and such directions may be given and such action may be taken after the emergency order has ceased to be in force.

(4) Any person who—

(a) fails to comply with a direction under this section ; or

(b) causes or permits any other person to do so,

shall be guilty of an offence.

(5) If [F1 a designating authority]does anything by virtue of this section in consequence of a failure on the part of any person to comply with such a direction, [F1 thedesignating authority] may recover from that person any expenses reasonably incurred by [F1 the designating authority] under this section.

(6) If [ a designating authority] does anything by virtue of this section in consequence of any person causing or permitting another person to fail to comply with such a direction, [F1 the designating authority] may recover from the person who caused or permitted the failure to comply any expenses reasonably incurred by [F1 the designating authority] under this section.

Textual Amendments

F1 Words in s. 2(1)(3)(5)(6) substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(5) (with art. 8); S.I. 1998/3178

F2 Words substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(d), 54