Food Standards Act 1999

Food Standards Act 1999

1999 CHAPTER 28

Commentary on Sections

Schedule 1: Constitution etc. of the Agency

161. This Schedule sets out detailed provisions on the constitution, staffing and operation of the Agency. The term ‘the Agency’ means the Food Standards Agency appointed in accordance with section 2.

162. Paragraph 2 provides that members of the Agency can be re-appointed to the Agency, including to posts they already hold or have held in the past, including those of chairman and deputy chairman.

163. Paragraph 4 describes the circumstances in which the appropriate authorities may dismiss a member of the Agency. They have to satisfy themselves that the person is failing to perform his duties, has been declared bankrupt, is unable to meet his debts or is otherwise unfit to carry out his functions.

164. Paragraph 6 covers the circumstances in which the appropriate authorities may pay compensation to a member of the Agency who ceases to hold office. It is up to the appropriate authorities to make such a decision and thereafter the Agency is under a duty to pay whatever sum of money is decided.

165. Paragraph 7 disqualifies members of the Agency from standing as Members of Parliament or the Northern Ireland Assembly. Disqualification from membership of the European Parliament also flows automatically from this provision. Whether members should be disqualified from the Scottish Parliament and the National Assembly for Wales is a question for those bodies.

166. Paragraph 8 gives the Agency a power to appoint other staff, subject to the requirement that the Minister for the Civil Service approve their numbers and terms and conditions. The staff will be civil servants.

167. Paragraph 9 provides for the establishment of a register of members’ interests and the publication of the entries recorded in it.

168. Paragraph 11 is an evidential provision: it provides that any document which appears to be signed or sealed by or on behalf of the Agency is treated as having been properly signed or executed unless shown not to be.

169. Paragraph 12 sets out to whom the Agency may delegate. Subparagraph (2) preserves the rule whereby the staff of a Minister (or in this case a non-Ministerial department) may act on his/its behalf.