Scottish Statutory Instruments

2012 No. 263

Public Health

Animals

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) and the Export of Sheep (Prohibition) Revocation (Scotland) Order 2012

Made

26th September 2012

Laid before the Scottish Parliament

28th September 2012

Coming into force

1st October 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 11 of the Animal Health Act 1981(1), sections 1(1) and (2) and 24(3) of the Food and Environment Protection Act 1985(2) and all other powers enabling them to do so.

(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 were, in so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

1985 c.48. Section 1(1) was amended by section 51(2)(a) of the Food Safety Act 1990 (c.16). Section 1(2) defines “designating authority”, as amended by paragraph 10(2) of the Schedule to the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), paragraph 6(3) of Schedule 5 to the Food Standards Act 1999 (c.28) and paragraph 12(a) of the Schedule to the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040). By virtue of section 40(2) of the Food Standards Act 1999, amendments made by Schedule 5 to that Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46). The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).