Search Legislation

Food Safety Act 1990

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Food Safety Act 1990, Section 6 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

6 Enforcement of Act.E+W+S

(1)In this Act “the enforcement authority”, in relation to any provisions of this Act or any regulations or orders made under it, means the authority by whom they are to be enforced and executed.

(2)Every food authority shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority.

(3) The [F1Secretary of State] may direct, in relation to cases of a particular description or a particular case, that any duty imposed on food authorities by subsection (2) above shall be discharged by [F2the Secretary of State F3. . . ][F4or the Food Standards Agency] and not by those authorities.

(4)Regulations or orders under this Act shall specify which of the following authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, namely—

(a)F5. . . , F6[F7. . . the Secretary of State], [F8the Food Standards Agency,] food authorities and such other authorities as are mentioned in section 5(3) above; and

(b)in the case of regulations, the Commissioners of Customs and Excise;

and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Act, to any other authority so concerned, for the purposes of their respective duties under them.

[F9(4A)In the application of subsections (3) and (4) to Scotland, the references to the Food Standards Agency are to be read as references to Food Standards Scotland.]

(5)An enforcement authority in England and Wales may institute proceedings under any provisions of this Act or any regulations or orders made under it F10. . ..

[F11(5A)The Secretary of State may take over the conduct of any such proceedings which have been instituted by some other person.

(5B)The Secretary of State may direct the Food Standards Agency to take over the conduct of any such proceedings which have been instituted by some person other than the Agency.

(5C)The Food Standards Agency may take over the conduct of any such proceedings which have been instituted by some other person, but (unless the Agency has been directed to do so under subsection (5B) above) only with the consent of the person who instituted them.]

[F12(6)In this Act “authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under this Act and regulations and orders made under it; but if regulations made by [F13the Secretary of State]so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations.]

Textual Amendments

F1Words in s. 6(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 10(1)(2)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F2Words in s. 6(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 10(1)(2)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F4Words in s. 6(3) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 10(1)(2)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F5Words in s. 6(4) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(4), Sch. 5 para. 10(1)(3)(a), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F7Words in s. 6(4)(a) substituted (3.1.1995) by 1994 c. 40, ss. 31, 82(2)(d), Sch. 9 para. 6

F8Words in s. 6(4) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(4), Sch. 5 para. 10(1)(3)(b), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F10Words in s. 6(5) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(4), Sch. 5 para. 10(1)(4), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F11Ss. 5(5A)(5B)(5C) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(4), Sch. 5 para. 10(1)(4), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F12S. 6(6) inserted (3.1.1995) by 1994 c. 40, ss. 76, 82(2)(d), Sch. 16 para. 16

F13Words in s. 6(6) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 8 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C1S. 6 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. I paras. 1, 2; S.I. 2000/1066, art. 2

C2S. 6 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C3S. 6 functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

C4S. 6(3) applied (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(2) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

S. 6(3) applied (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(2) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

C5S. 6(3) applied (29.4.1998) by S.I. 1998/994, reg. 55(2)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources