The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015
Citation, commencement and interpretation
1.
(1)
This Order may be cited as the Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015.
(2)
This Order comes into force on 1st April 2015.
(3)
In this Order—
“the Act” means the Food (Scotland) Act 2015;
“the 2015 Act” means the Food (Scotland) Act 2015;
“the Agency” means “the Food Standards Agency”;
“Agency document” means any document issued or made by or on behalf of the Food Standards Agency, including—
(a)
schemes;
(b)
codes of practice;
(c)
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;
(d)
appointments (other than any appointment to an advisory committee);
(e)
approvals, authorisations, licences, provisional licences and registrations;
(f)
designations;
(g)
notices;
(h)
certificates; and
(i)
warrants;
Amendment of secondary legislation
2.
The Regulations specified in the Schedule are amended by substituting “Food Standards Scotland” for “Foods Standards Agency”.
3.
Paragraph (ca) of Schedule 1 to the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2002 is amended by substituting “Food Standards Scotland” for “the Food Standards Agency”.
Transitional provisions
4.
On the coming into force of this Order any proceedings raised by, or against, the Food Standards Agency which relate to Scotland and which have not been finally determined are to be treated as having been raised by, or against, Food Standards Scotland.
5.
Any Agency document insofar as relating to Scotland issued or made, prior to the coming into force of this Order, so far as may be necessary or expedient for any function of Food Standards Scotland is deemed to be issued or made by Food Standards Scotland.
St Andrew’s House,
Edinburgh
SCHEDULEAmendment of Regulations
1.
regulation 1(3) (interpretation).
F12.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.
regulation 2(1) (interpretation).
5.
regulation 2(2) (interpretation).
6.
regulation 2(1) (interpretation).
F37.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.
regulation 2(1) (interpretation) at the definition of “the Agency”; and
regulation 32(6) (safeguard).
9.
regulation 6(a) (exchange of information).
10.
regulation 3 (submission of applications for authorisation to market products).
11.
regulation 3 (submission of applications for authorisation to market products).
12.
regulation 29(1)(vi) (advice etc. provided by other responders and other bodies).
13.
regulation 2(1) (interpretation) at the definition of “the Agency”.
14.
regulation 2(1) (interpretation) at the definition of “the Agency”.
15.
regulation 3(2) (restriction on sale); and
regulation 4(1) and (2) (declaration).
16.
regulation 9(1) (powers of the Food Standards Agency undertaking audits on behalf of the Scottish Ministers) and the heading to that paragraph becomes “Powers of Food Standards Scotland undertaking audits on behalf of Scottish Ministers”.
17.
regulation 3(a) (competent authorities).
18.
regulation 2(1) (interpretation) at the definition of “the Agency”.
F419.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20.
regulation 5(4) (enforcement).
21.
regulation 46(1) (disclosure of information).
22.
regulation 2(1) (interpretation) at the definition of “the Agency”.
23.
regulation 3(1) (interpretation) at the definition of “the Agency”.
24.
Schedule 1 (specified provisions) in the second column (subject matter) for the entry relating to Article 3(2) in column 1 (provision of the Commission Regulation).
25.
regulation 2(1) (interpretation) at the definition of “the Agency”.
26.
regulation 2(1) (interpretation) at the definitions of “cutting plant” and “slaughterhouse”;
regulation 3 (appointment of competent authority);
regulation 12(2) (appointment of inspectors);
regulation 14(3) (powers of inspectors);
regulation 16(2)(a)(ii);
regulation 20(3) (enforcement); and
Schedule 7 (specified risk material, mechanically separated meat and slaughtering techniques), paragraphs 1, (appointment of the Food Standards Agency as the competent authority) and the heading to that paragraph becomes “Appointment of Food Standards Scotland as the competent authority”; 9(3)(b)(iii) (sheep and goats in a slaughterhouse), 13(1) and (2) (authorisation of cutting plants by the Food Standards Agency) and the heading to that paragraph becomes “Authorisation of cutting plants by Food Standards Scotland” and 16(2)(a)(ii) (staining and disposal of specified risk material).
27.
regulation 5(2) and (3) (competent authorities for the purposes of Regulation 767/2009).
28.
Schedule 1 at “Non Ministerial Departments”.
29.
regulation 2(1) (interpretation) at the definition of “the Agency”.
30.
regulation 2(1) (interpretation) at the definition of “the Agency”.
31.
regulation 25(1); (2) and (3)(b) (safeguard measures); and
regulation 27(2)(b)(ii) (enforcement).
32.
regulation 6(1)(a) and (b) (competent authorities for the purposes of Regulation 1935/2004 and Regulation 2023/2006).
regulation 8 (competent authorities for the purposes of regulation 450/2009);
regulation 15 (a) and(b) (competent authorities for the purposes of regulation 10/2011); and
regulation 20 (2) (execution and enforcement).
33.
regulation 3(1) (the competent authority); and
regulation 18(2) (enforcement).
F534.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35.
regulation 13 (competent authorities).
36.
regulation 22(4) (enforcement authority).
regulation 28(4) (power to share information for enforcement purposes).
37.
regulation 2(1) (interpretation) at paragraph (b) of the definition of “human consumption purposes”.
This Order makes provision in consequence of the Food (Scotland) Act 2015 (“the 2015 Act”). The Order comes into force on 1st April 2015.
Article 3 of, and the Schedule to, the Order make provision modifying secondary legislation. The modifications provided for are in consequence of provision in the 2015 Act which establishes Food Standards Scotland and provides that the relevant functions of the Food Standards Agency within the meaning of section 35 of the Food Standards Act 1999 c.28 cease to be exercisable in Scotland.
Articles 4 and 5 provide for transitional provisions.