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The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Revocation) Order 2012

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Welsh Statutory Instruments

2012 No. 2978 (W.304)

PUBLIC HEALTH, WALES

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Revocation) Order 2012

Made

28 November 2012

Coming into force in accordance with article 1

The Welsh Ministers, in exercise of the powers conferred on them by section 11 of the Animal Health Act 1981(1) and sections 1(1), (2) and (10) and 24(1) and (3) of the Food and Environment Protection Act 1985(2), no longer being of the opinion that there exists or may exist circumstances which are likely to create a hazard to human health through human consumption of food as specified in the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991(3), make the following Order:

Title, commencement and application

1.  The title of this Order is the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Revocation) Order 2012. It applies in relation to Wales and comes into force on the day after the day on which it is made.

Revocation

2.  The Orders specified in the Schedule are revoked.

Lesley Griffiths

Minister for Health and Social Services, one of the Welsh Ministers

28 November 2012

Article 2

SCHEDULEORDERS REVOKED

OrdersReferences
Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991S.I. 1991/5
Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Partial Revocation) Order 1991S.I. 1991/2780
Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Partial Revocation) Order 1994S.I. 1994/63
Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Partial Revocation) Order 1995S.I. 1995/46
Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Partial Revocation) Order 1998S.I. 1998/72
Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) (Partial Revocation) Order 2011S.I. 2011/2759
Export of Sheep (Prohibition) Order 1991S.I. 1991/58

Explanatory Note

(This note is not part of the Order)

1.  This Order revokes, in relation to Wales, the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991 (S.I. 1991/5), the Export of Sheep (Prohibition) Order 1991 (S.I. 1991/58) and related orders. The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991 contains emergency prohibitions restricting various activities in order to prevent human consumption of food which is derived from sheep in certain designated areas, and which has been, or may have been rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine. The Export of Sheep (Prohibition) Order 1991 contains related restrictions on exporting to the EU, sheep which have been moved from areas subject to these emergency prohibitions. The effect of this Order is to remove the emergency prohibitions from the remaining areas which are subject to restriction and lift the restrictions on exporting to the EU, sheep which have been moved from these areas.

2.  A regulatory impact assessment has not been produced for this Order as it has no impact on the costs of business.

(1)

1981 c. 22. The power to make orders under section 11 was originally conferred on “the Minister” as defined in section 86(1) of the 1981 Act. The functions of the Minister, so far as exercisable in relation to Wales,were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). By virtue of section 162 of and paragraph 30 of Schedule 11, to the Government of Wales Act 2006 (c. 32) those powers now vest in the Welsh Ministers.

(2)

1985 c. 48. Section 1(1) and (2) was amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c. 16). Section 1(2) defines “designating authority”. Functions conferred under the 1985 Act on “the Secretary of State” are exercisable by the Welsh Ministers and Secretary of State for Wales concurrently in relation to Wales. The functions were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). By virtue of section 162 of, and paragraph 30 of Schedule 11, to the Government of Wales Act 2006 (c. 32) those powers now vest in the Welsh Ministers.

(3)

S.I. 1991/5, amended by the other Orders to be revoked, listed in the Schedule to this Order.

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