Search Legislation

Food Standards Act 1999

Section 25: Power to modify enactments about disclosure of information

91.This section enables the Secretary of State to make orders for the purpose of relaxing or overriding any prohibitions on disclosure of information contained in other legislation that would otherwise prevent the Agency from obtaining or publishing information in carrying out its functions under the Act. While section 19 requires the Agency to observe statutory bars on disclosure in exercising its power to publish, this section provides a means for dealing with those that would unnecessarily limit the Agency’s ability to carry out its functions effectively. Some specific bars to disclosure are already dealt with directly in this Act (for example, by over-riding the limitation on disclosure of information about veterinary medicines in the Medicines Act 1968). This section provides the power to respond to any further barriers to disclosure identified in the light of experience.

92.Subsection (1) provides the basic order-making power.

93.A parallel enabling power exercisable by Scottish Ministers is provided in subsection (2). Subsection (3) prevents Scottish Ministers from exercising their parallel powers in relation to legislation that lies outside their devolved competence. Subsection (4) makes similar provision for Northern Ireland.

94.Subsection (5) specifies the circumstances in which the enabling powers may be used to modify legislation i.e. where the legislation prevents the disclosure of information relevant to the Agency’s functions, or prevent the Agency from publishing some information which would otherwise be published in accordance with section 19.

95.Subsection (7) applies this section (with appropriate modifications) to allow the removal or modification of common law rules.

Back to top


Print Options


Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources