Food Safety Act 1990

5 Food authorities and authorised officers

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

(2) Subject to subsection (3)(a) below, the food authorities in Scotland are the islands or district councils.

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

(a) by an order under section 2 or 7 of the [1984 c. 22.] Public Health (Control of Disease) Act 1984, to a port health authority or, by an order under section 172 of the [1897 c. 38.] Public Health (Scotland) Act 1897, to a port local authority;

(b) by an order under section 6 of the [1936 c. 49.] Public 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 [1985 c. 51.] Local 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) The Ministers 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 the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.