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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Food Safety Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)For the guidance of food authorities, [F1the Secretary of State]may issue codes of recommended practice as regards the execution and enforcement of this Act and of regulations and orders made under it; and any such code shall be laid before Parliament [F2or in the case of a code which applies only to Scotland, before the Scottish Parliament] after being issued.
[F3(1A)The Food Standards Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code under this section.]
(2)In the exercise of the functions conferred on them by or under this Act, 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 [F4under this section and] requires them to take any specified steps in order to comply with such a code.
(3)Any direction under [F5subsection (1A)] above shall, on the application of [F6the Food Standards Agency], be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the M1Court of Session Act 1988.
[F7(3A)The Food Standards Agency shall consult the Secretary of State before making an application under subsection (3) above.]
(4)Before issuing any code under this section, [F1the Secretary of State] shall
(b)have regard to any relevant advice given by the Food Standards Agency]
[F10(4A)If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.]
(5)Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
Modifications etc. (not altering text)
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