Food Standards Act 1999

17Delegation of powers to make emergency orders

This section has no associated Explanatory Notes

(1)Arrangements may be made between the Secretary of State and the Agency authorising the Agency to exercise on behalf of the Secretary of State the power to make orders under—

(a)section 1(1) of the [1985 c. 48.] Food and Environment Protection Act 1985 (emergency orders); and

(b)section 13(1) of the 1990 Act (emergency control orders).

(2)The authority given by any such arrangements is subject to any limitations and conditions provided for in the arrangements.

(3)Where by virtue of any such arrangements the Agency is authorised to exercise a power, anything done or omitted to be done by the Agency in the exercise or purported exercise of the power shall be treated as done or omitted by the Secretary of State.

(4)Nothing in any such arrangements prevents the Secretary of State exercising any power.

(5)This section applies with the necessary modifications—

(a)to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales or the Scottish Ministers, and

(b)to the power of a Northern Ireland Department to make orders under section 1(1) of the [1985 c. 48.] Food and Environment Protection Act 1985 or Article 12(1) of the 1991 Order,

as it applies to a power exercisable by the Secretary of State.