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Food Standards Act 1999

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This is the original version (as it was originally enacted).

33Consequences of Agency losing certain functions

This section has no associated Explanatory Notes

(1)This section applies if—

(a)the Scottish Parliament passes an Act providing for any functions of the Agency to be no longer exercisable in or as regards Scotland; or

(b)the Northern Ireland Assembly passes an Act providing for any functions of the Agency to be no longer exercisable in or as regards Northern Ireland.

(2)Her Majesty may by Order in Council make provision—

(a)modifying this or any other Act as She considers necessary or expedient in consequence of the functions concerned being no longer exercisable by the Agency in or as regards Scotland or Northern Ireland;

(b)for the transfer of any property, rights and interests of the Agency falling within subsection (3);

(c)for any person to have such rights or interests in relation to any property, rights or interests falling within subsection (3) as She considers appropriate (whether in connection with a transfer or otherwise); or

(d)for the transfer of any liabilities of the Agency falling within subsection (4).

(3)Property, rights and interests fall within this subsection if they belong to the Agency and appear to Her Majesty—

(a)to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or

(b)not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned.

(4)Liabilities of the Agency fall within this subsection if they appear to Her Majesty to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned.

(5)An Order under this section may make provision for the delegation of powers to determine anything required to be determined for the purposes of provision made under subsection (2)(b), (c) or (d).

(6)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.

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