The Fish Labelling (Scotland) Amendment Regulations 2015
1
Citation and commencement
2
Amendments to the Fish Labelling (Scotland) Regulations 2013
2015 No. 48

Food

The Fish Labelling (Scotland) Amendment Regulations 2015
Made
3rd February 2015
Laid before the Scottish Parliament
5th February 2015
Coming into force
15th March 2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990 , paragraph 1A of Schedule 2 to the European Communities Act 1972 and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 , and it appears to the Scottish Ministers that it is expedient for references to the EU Regulations mentioned in regulation 2(2) to be references to those EU Regulations as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990 , the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency.
There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .
1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to, the 1999 Act. Section 17(2) was amended by paragraphs 7, 8 and 12 of Schedule 5 to, the 1999 Act and S.I. 2011/1043. Section 26(3) was amended by, and partially repealed by, Schedule 6 to, the 1999 Act. Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to, the 1999 Act. By virtue of section 40(2) of the 1999 Act, amendments made by Schedule 5 to the 1999 Act which extend to Scotland are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) (“the 1998 Act”). The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not transferred, those 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).
1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). The functions conferred on the Minister of the Crown under section 2(2), in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. 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 S.I. 2005/849.
Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the 1998 Act (which was amended by section 27(4) of the 2006 Act), section 27(1) of the 2006 Act and Part 1 of the Schedule to, the 2008 Act. The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not transferred, those functions were transferred to the Scottish Ministers by S.I. 2005/849.
Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the 1999 Act.
OJ L 31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny (OJ L 188, 18.7.2009, p.14).