The Food Safety Act 1990 (Consequential Modifications) (Local Enactments) (No. 2) Order 1992

Statutory Instruments

1992 No. 2766

FOOD

The Food Safety Act 1990 (Consequential Modifications) (Local Enactments) (No. 2) Order 1992

Made

5th November 1992

Laid before Parliament

11th November 1992

Coming into force

2nd December 1992

The Minister of Agriculture, Fisheries and Food, and the Secretaries of State respectively concerned with health in England and food and health in Wales, acting jointly in exercise of the powers conferred by section 59(2) of the Food Safety Act 1990(1) and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation and commencement

1.  This Order may be cited as the Food Safety Act 1990 (Consequential Modifications) (Local Enactments) (No. 2) Order 1992 and shall come into force on 2nd December 1992.

Modification to the Hereford City Council Act 1985

2.  In the Hereford City Council Act 1985(2) section 9 (registration of eating houses) shall cease to have effect and accordingly is repealed.

Modification to the Middlesex County Council Act 1950

3.  In the Middlesex County Council Act 1950(3)—

(a) in section 3 the definition of “food” shall be omitted; and

(b) section 11 (registration of food businesses) shall cease to have effect and accordingly is repealed.

Revocation of provisions contained in the Local Law (North West London Boroughs) Order 1965

4.  The Local Law (North West London Boroughs) Order 1965(4) shall be amended as follows:

(a) In Head III of Part I of Schedule 1 (which contains amendments to the Middlesex County Council Act 1950 consequent upon the creation of the North West London Boroughs and the abolition of the county of Middlesex)—

(i) sub-paragraph (1)

of paragraph 1 (which amends the definition of “food” in that Act), and

(ii) paragraph 2 (which contains transitional provisions relating to the application of section 11 of that Act) shall be omitted; and

(b) in Schedule 2 in the entry relating to the Middlesex County Council Act 1950 the words “section 11” shall be omitted.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 5th day of November 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Signed by authority of the Secretary of State for Health.

Cumberledge

Parliamentary Under-Secretary of State,

Department of Health

5th November 1992

David Hunt

Secretary of State for Wales

5th November 1992

Explanatory Note

(This note is not part of the Order)

Section 19 of the Food Safety Act 1990 (“the 1990 Act”) authorises the creation of a system of registration of premises used or proposed to be used for the purposes of a food business. The Food Premises (Registration) Regulations 1991 (S.I. 1991/2825) have been made to provide such a system.

In consequence of the coming into force of section 19 of the 1990 Act, section 11 of the Middlesex County Council Act 1950 (“the 1950 Act”) and section 9 of the Hereford City Council Act 1985 are no longer necessary. This Order modifies those Acts by omitting those provisions (articles 2 and 3) and makes consequential amendments to the 1950 Act (article 3) and to the Local Law (North West London Boroughs) Order 1965, which modified the 1950 Act in its application to the London Boroughs of Barnet, Brent, Enfield, Haringey, Harrow, Hillingdon and Hounslow (article 4).

(1)

1990 c. 16. Section 4(1) contains a definition of “the Ministers” which is relevant to the powers being exercised in the making of this Order.

(2)

1985 c.xlii.

(3)

1950 c.lii relevant amendments were made.

(4)

S.I. 1965/533.