- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Food and Environment Protection Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)An investigating officer may enter land, vehicle, vessel, aircraft, hovercraft or marine structure—
(a)if he has reasonable grounds to suspect that food—
(i)which is in or in it ; or
(ii)which is derived from anything on or in it,
is, or may be, or may become, unsuitable for human consumption in consequence of [F1such circumstances as are mentioned in section 1(1) above]; or
(b)if he has reasonable grounds to suspect that there is present on or in it any food—
(i)which has been in an designated area at any time before at after the making of the emergency order that designated the area ; and
(ii)which is, or may be, or may become, do affected by [F2designated circumstances] as to be unsuitable for human consumption; or
(c)if he has reasonable grounds to suspect that there is present on or in it anything from which food could be derived—
(i)which has been in a designated area at any such time ; and
(ii)which is, or may be, or may become, so affected by [F2designated circumstances] as to cause any food derived from it to be unsuitable for human consumption.
(2)An enforcement officer may enter any land, vehicle, vessel, aircraft, hovercraft or marine structure—
(a)if a direction under section 2 above has been given in relation to it or in relation to anything that he has reasonable grounds to suspect to be present on or in it ; or
(b)if he has reasonable grounds to suspect that there is anything on or in it any document, book or other record that may assist him in ascertaining the whereabouts of anything in relation to which such a direction has been given ; or
(c)if he has reasonable grounds to suspect that it is for any other reason necessary for him to enter it for the purposes of performing his functions under this Part of this Act.
(3)An investigating officer or an enforcement officer may seize things for the purpose of performing his functions under this Part of this Act.
(4)While an emergency order is in force, an investigating officer or an enforcement officer may enter—
(a)any land, vehicle, vessel, aircraft, hovercraft or marine structure in the designated area ; and
(b)anyland, vehicle, vessel, aircraft, hovercraft or marine structure not in that area but on or in which he has reasonable grounds to suspect that there is present—
(i)any food, or anything from which food could be derived, which has been in that area for at any time either before or after the making of the emergency order ; or
(ii)any document, book or other record that may assist him in ascertaining the whereabouts of any such food or thing.
(5)An investigating officer or an enforcement officer may exercise any powers conferred on him for the purposes of this Part of this Act—
(a)in relation to a British vessesl, British aircraft, British hovercraft or British marine structure, wherever it may be ;
(b)in relation to a foreign fishing boat, only if it is within British fishery limits ; and
(c)in relation to a foreign vessel other than a fishing boat, or to a foreign aircraft, foreign hovercraft or foreign marine structure, only if—
(i)it is in the United Kingdom or United Kingdom waters ; and
(ii)the officer has reasonable grounds to suspect that something to which an emergency prohibition contained in an emergency order by virtue of paragraph 2 or 3 Schedule 1 to this Act relates has been or is being landed from it in the United Kingdom.
(6)Schedule 2 to this Act shall have effect with respect to investigating officers and enforcement officers.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: