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Food Standards Act 1999

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This is the original version (as it was originally enacted).

37Subordinate legislation

This section has no associated Explanatory Notes

(1)Subordinate legislation under section 25, 27, 30, 31, 32 and 33—

(a)may contain such supplementary, incidental, consequential, transitional or saving provision as the person making it considers necessary or expedient;

(b)may make different provision for different purposes.

(2)Any power under this Act to make an order or regulations is exercisable—

(a)in the case of an order or regulations made by the First Minister and deputy First Minister or a Northern Ireland Department, by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979; and

(b)in any other case, by statutory instrument.

(3)No order under section 25, 30 or 31 shall be made unless a draft of it has been laid before and approved by resolution of—

(a)each House of Parliament, if it is made by the Secretary of State or the Minister of Agriculture, Fisheries and Food;

(b)the Scottish Parliament, if it is made by the Scottish Ministers;

(c)the Northern Ireland Assembly, if it is made by the First Minister and deputy First Minister or by a Northern Ireland Department.

(4)A statutory instrument made under section 27 or 42 is subject to annulment in pursuance of a resolution of—

(a)either House of Parliament, if it is made by the Secretary of State;

(b)the Scottish Parliament, if it is made by the Scottish Ministers;

and a statutory rule made under that section is subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.

(5)No recommendation shall be made to Her Majesty to make an Order in Council under section 32 or 33 unless a draft of the Order has been laid before and approved by resolution of each House of Parliament, the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly.

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