Food and Environment Protection Act 1985

25 Northern Ireland

(1) It is hereby declared that this Act extends to Northern Ireland.

(2) In the application of Parts I and III of this Act as respects transferred matters in Northern Ireland—

(a) subject to paragraph (b) below, for any reference to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland;

(b) for any reference to the Ministers or either of them in section 16(2)(g) and (l), 17, 18(3) and 19(1) above there is substituted a reference to any Northern Ireland Department;

(c) for any reference to Parliament, each or either House of Parliament or both Houses of Parliament, there is substituted a reference to the Northern Ireland Assembly;

(d) for any reference to the Treasury there is substituted a reference to the Department of Finance and Personnel for Northern Ireland;

(e) in section 16(10), for the reference to the Health and Safety Commission there is substituted a reference to the Health and Safety Agency for Northern Ireland; and

(f) section 17(4)(a) is omitted.

(3) In the application of Part II of this Act to Northern Ireland—

(a) in relation to Northern Ireland or United Kingdom waters adjacent to Northern Ireland—

(i) for any reference to the Ministers or either or one or other of them, other than the reference in section 12(1) above, there is substituted a reference to the Department of the Environment for Northern Ireland;

(ii) for section 7(4) there is substituted the following subsection—

“(4) A rule made by the Department of the Environment for Northern Ireland under this section shall be subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.”; and

(b) for any reference to the consent of the Treasury there is substituted a reference to the consent of the Department of Finance and Personnel if the licensing authority referred to in the provision in question is the Department of the Environment for Northern Ireland.

(4) In section 20 above and Schedule 5 to this Act

(a) any reference to the Crown includes a reference to the Crown in right of Her Majesty's Government in Northern Ireland; and

(b) "government department" includes a Northern Ireland department.

(5) An order or regulations made under this Act by a Northern Ireland department shall be a statutory rule for the purposes of the [S.I. 1979/1513 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979 and references to a statutory instrument shall be construed accordingly.

(6) In this section "transferred matters" has the meaning assigned to it by section 43(2) of the [1973 c. 36.] Northern Ireland Constitution Act 1973.