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2.—(1) In these Regulations —
“the Act” means the Food Safety Act 1990(1);
“the Agency” means the Food Standards Agency;
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Hygiene Regulations;
“the Community Regulations” means Regulation 852/2004, Regulation 853/2004, Regulation 854/2004, Regulation 2073/2005 and Regulation 2075/2005;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;
“enforcement authority” means the authority which, by virtue of regulation 5, is responsible for executing and enforcing the Hygiene Regulations;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Hygiene Regulations” means these Regulations and the Community Regulations;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft; and
“specified Community provision” means any provision of the Community Regulations that is specified in Column 1 of Schedule 2 and whose subject-matter is described in Column 2 of that Schedule.
(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
(3) Unless the context otherwise requires, any expression used both in these Regulations and in Regulation 178/2002 or the Community Regulations has the meaning that it bears in Regulation 178/2002 or the Community Regulations, as the case may be.
(4) Where any functions under the Act are assigned—
(a)by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(2), to a port health authority;
(b)by an order under section 6 of the Public Health Act 1936(3), to a joint board for a united district; or
(c)by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985(4), to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
(5) Where, apart from this paragraph, any period of less than seven days which is specified in these Regulations would include any day which is —
(a)a Saturday, a Sunday, Christmas Day or Good Friday; or
(b)a day which is a bank holiday under the Banking and Financial Dealings Act 1971(5),
that day shall be excluded from the period.
1936 c. 49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.
1985 c. 51; paragraph 15(6) was amended by paragraph 31(b) of Schedule 3 to the Food Safety Act 1990.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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