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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Food Standards Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
(1)The Agency may, subject to the following provisions of this section, publish in such manner as it thinks fit—
(a)any advice given under section 6, 7 or 9 (including advice given in pursuance of a request under section 6(2));
(b)any information obtained through observations under section 10 or monitoring under section 12; and
(c)any other information in its possession (whatever its source).
(2)The exercise of that power is subject to the requirements of the M1Data Protection Act 1998.
(3)That power may not be exercised if the publication by the Agency of the advice or information in question—
(a)is prohibited by an enactment;
(b)is incompatible with any Community obligation; or
(c)would constitute or be punishable as a contempt of court.
(4)Before deciding to exercise that power, the Agency must consider whether the public interest in the publication of the advice or information in question is outweighed by any considerations of confidentiality attaching to it.
(5)Where the advice or information relates to the performance of enforcement authorities, or particular enforcement authorities, in enforcing relevant legislation, subsection (4) applies only so far as the advice or information relates to a person other than—
(a)an enforcement authority, or
(b)a member, officer or employee of an enforcement authority acting in his capacity as such.
(6)Expressions used in subsection (5) and defined in section 15 have the same meaning as in that section.
(7)Except as mentioned above, the power under subsection (1) is exercisable free from any prohibition on publication that would apply apart from this section.
(8)In this section “enactment” means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.
(9)The Agency may also disclose to another public authority any advice or information mentioned in subsection (1); and the other provisions of this section apply in relation to disclosure under this subsection as they apply in relation to publication under that subsection.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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