The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000

Interpretation

2.—(1) In these Regulations—

“the 1999 Act” means the Food Standards Act 1999;

“instrument” means any instrument (other than any statutory instrument) relating to a transferred function, issued or made by or on behalf of a Minister of the Crown or the National Assembly for Wales, jointly by any one or more Ministers of the Crown or jointly by any one or more of those Ministers jointly with that Assembly, including—

(a)

appointments (other than any appointment to an advisory committee);

(b)

approvals, authorisations, licences, provisional licences and registrations;

(c)

certificates;

(d)

codes of practice;

(e)

designations;

(f)

notices;

(g)

operation manuals, and other documents containing guidance, relating to the protection of public health from risks which may arise in connection with the consumption of food (including risks caused by the way in which it is produced or supplied) or otherwise relating to the protection of the interests of consumers in relation to food;

(h)

schemes and byelaws; and

(i)

warrants;

“the Minister” means the Minister of Agriculture, Fisheries and Food and “the Ministry” shall be construed accordingly; and

“transferred function” means any function—

(a)

of the Minister referred to in—

(i)

subsection (1) of section 26 of the 1999 Act (statutory functions of the Minister ceasing to be exercisable by him);

(ii)

paragraph 6 of Schedule 5 to the 1999 Act, paragraphs 7 to 25 of that Schedule and paragraph 43 of that Schedule (amendments respectively to the Food and Environment Protection Act 1985(1), the Food Safety Act 1990)(2) and the Radioactive Substances Act 1993(3)); and

(iii)

the entries in Schedule 6 of the 1999 Act relating to the repeals of provisions of the Food Safety Act 1990 (other than sections 25 and 26(3)),

which relates to functions falling to the Agency under or by virtue of the 1999 Act; or

(b)

exercisable by the Agency, instead of a Minister of the Crown or the National Assembly for Wales, after the coming into force of these Regulations by virtue of regulations 3 to 12(1) below (consequential provisions),

but does not include any exercise of the powers referred to in regulation 13(1)(c) or (d) below.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered Schedule, or a numbered Part of a Schedule, shall be construed as a reference to the Schedule or Part of the Schedule bearing that number in these Regulations.

(1)

1985 c. 43. Part I of the Act was amended by section 51 of the Food Safety Act 1990 (1990 c. 16); other relevant amendments to the Act were made by paragraph 29 of Schedule 3 to that Act and S.I. 1999/1756 and 1820.

(2)

1990 c. 16. Section 4 of the Act defines “the Minister” and “the Ministers”; the functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672; and any function under the Act of the Minister of Agriculture, Fisheries and Food exercisable jointly with the Secretaries of State respectively concerned with health in England and food and health in Wales was transferred by S.I. 1999/3141 (subject to one exception as explained in that S.I.) to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly. Section 6(4) of the Act was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40) and section 6(6) was added by paragraph 16 of Schedule 16 to that Act.

(3)

1993 c. 12.