Food Safety Act 1990

Changes to legislation:

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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Changes and effects yet to be applied to Section 5:

Changes and effects

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s. 5(3)(a) text amended by 2008 asp 5 Sch. 3
s. 5(6) transfer of functions by S.I. 2005/849 Sch.

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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Act modified by S.I. 2010/1214 art. 4 Sch.
Act modified by S.I. 2010/1216 art. 4 Sch.
Act modified by S.I. 2010/1217 art. 4 Sch.
Blanket amendment text amended by S.I. 2011/1043 art. 3 6

Commencement Orders yet to be applied to the Food Safety Act 1990:

Commencement Orders

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:

S.I. 2003/708 art. 2 commences (2001 c. 16)
S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
S.I. 2007/3136 art. 2 commences (2007 c. 28)
S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
S.S.I. 2009/319 art. 2 Sch. 1 commences (2008 asp 5)

5 Food authorities and authorised officers.E+W+S

(1)Subject to subsections (3) and (4) below, the food authorities in England F1. . . are—

(a)as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;

(b)as respects the City of London (including the Temples), the Common Council;

(c)as respects the Inner Temple or the Middle Temple, the appropriate Treasurer.

[F2(d)as respects the Isles of Scilly, the council of the Isles of Scilly.]

[F3(1A)Subject to subsection (3)(a) and (b) below, the food authorities in Wales are, as respects each county or county borough, the council of that county or county borough.]

(2)Subject to subsection (3)(a) below, the food authorities in Scotland are the [F4councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(3)Where any functions under this Act are assigned—

(a)by an order under section 2 or 7 of the M1Public Health (Control of Disease) Act 1984, to a port health authority or, by an order under section 172 of the M2Public Health (Scotland) Act 1897, to a port local authority;

(b)by an order under section 6 of the M3Public Health Act 1936, to a joint board for a united district; or

(c)by an order under paragraph 15(6) of Schedule 8 to the M4Local Government Act 1985, to a single authority for a metropolitan county,

any reference in this Act to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(4)[F5The Secretary of State]may by order provide, either generally or in relation to cases of a particular description, that any functions under this Act which are exercisable concurrently—

(a)as respects a non-metropolitan district, by the council of that district and the council of the non-metropolitan county;

(b)as respects the Inner Temple or the Middle Temple, by the appropriate Treasurer and the Common Council,

shall be exercisable solely by such one of those authorities as may be specified in the order.

(5)In this section—

“the appropriate Treasurer” means the Sub-Treasurer in relation to the Inner Temple and the Under Treasurer in relation to the Middle Temple;
“the Common Council” means the Common Council of the City of London;
“port local authority” includes a joint port local authority.

(6)In this Act “authorised officer”, in relation to a food authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under this Act; but if regulations made by [F5the Secretary of State] so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.

Annotations:

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Amendments (Textual)

F1Words in s. 5(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(3), 66(8), Sch. 9 para. 16(1), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17, para. 22(2), 23(2)); S.I. 1996/396, arts. 3, 4, Sch. 1, Sch. 2