(1)This section applies to food or other goods in relation to which requirements are imposed under or by virtue of—
[F1(a)section 4 or 7 of the [F2Food Act 1984 (the “1984 Act”)] ; or
(b)section 4 or 7 of the Food and Drugs (Scotland) Act 1956 (the “1956 Act”); or]
[F1(a)section 16 of the Food Safety Act 1990 (“the 1990 Act”);]
[F3(c)Article 6 or 9 of the Food (Northern Ireland) Order 1989 (the “1989 Order”); or]
[F4(d)section 21 of the 1963 Act; or]
[F4(d)section 21, 22 or 23 of the 1985 Act;]
[F5(e)Article 19 of the 1981 Order.]
(2)Where it appears to the appropriate Minister that—
(a)any food or other goods to which this section applies are or are likely to be, for a limited period of time, in short supply or unavailable in any area; and
(b)the alleviation of that situation is or is likely to be seriously hindered by a relevant requirement,
he may by order exclude or modify the relevant requirement in its operation in relation to the food or goods in question for a period specified in the order.
(3)The said period shall not exceed one year, but may be extended on one or more occasions by a subsequent order under this section for a further period not exceeding one year.
(4)An order under this section may attach conditions to the exclusion or modification of the relevant requirement, and may, while it is excluded or modified—
(a)impose, as respects the food or goods, any requirement which could be imposed under the section under or by virtue of which the relevant requirement is imposed, or
(b)exclude, as respects the food or goods, any exception or exemption from a requirement imposed by or under the said section.
(5)An order under this section—
(a)may impose on persons offending against the order penalties not exceeding the maximum penalties specified in the Acts [F6or Orders]mentioned in subsection (1) above, or in instruments made under those Acts [F6or those orders], in relation to the relevant requirement,
(b)may be limited to an area which is only part of the territory to which the relevant requirement extends,
(c)may, where so limited, make special provision for goods which are dealt with partly within the area and partly outside,
(d)may make different provision in relation to different cases or classes of cases, and may exclude specified cases or classes of cases,
(e)may contain such incidental or supplemental provisions as appear to the appropriate Minister to be expedient for the purposes of the order.
(6)Without prejudice to the generality of subsection (5) above an order under this section may contain transitional provisions by reference to the beginning or end of the period for which the relevant requirement is excluded or modified.
(7)An order under this section may make provision for any of the purposes mentioned in subsections (4), (5) and (6) above by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of the Act [F7or Order]under or by virtue of which the relevant requirement is imposed and, except as provided by an order under this section, Schedule 6 to this Act shall have effect where a requirement is imposed under subsection (4) above.
(8)In this section “requirement” includes any condition or prohibition.
(9)In this section, “appropriate Minister” in relation to any relevant requirement, means—
[F8(a)where it was imposed under [F9the 1984 Act], the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;]
[F8(a)Where it was imposed under the 1990 Act—
(i)the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly in so far as it was imposed in relation to England and Wales; and
(ii)the Secretary of State in so far as it was imposed in relation to Scotland;]
(b)where it was imposed under the [F101989 Order], the Department of Health and Social Services for Northern Ireland;
(c)where it was imposed under [F11the 1956 Act or][F12the 1963 Act][F12the 1985 Act], the Secretary of State;
(d)where it was imposed under the [F131981 Order], the Department of Commerce for Northern Ireland.
Textual Amendments
F1S. 12(1)(a) beginning “section 16” substituted (E.W.S.) for Section 12(1)(a)(b) beginning “section 4” by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 20(1)
F2Words substituted by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 10 para. 29(a)
F3S. 12(1)(c) substituted by S.I. 1989/846 (N.I. 6), art. 76(1), Sch. 3 para. 12(a)
F4Section 12(1)(d) beginning “sections 21, 22”substituted (E.W.S.) for section 12(1)(d) beginning “section 21 of” by Weights and Measures Act 1985 (c. 72, SIF 131), s. 97, Sch. 12 para. 7(2)
F5Section 12(1)(e) substituted by S.I. 1981/231 (N.I. 10), art. 54(1), Sch. 10 para. 3(a)
F6Words substituted by virtue of S.I. 1989/846 (N.I. 6), art. 76(1), Sch. 3 para. 12(b)
F7words inserted by S.I. 1981/231 (N.I. 10), art. 54(1), Sch. 10 para. 3(c)
F8S. 12(9)(a) beginning “Where it was imposed under the 1990 Act” substituted (E.W.S.) for s. 12(9)(a) beginning “where it was imposed under the 1984,” by Food Safety Act 1990 (c. 16, SIF 53: 1, 2), s. 59(1), Sch. 3 para. 20(2)(a)
F9Words substituted by Food Act 1984 (c.30, SIF 53:1), s. 134, Sch. 10 para. 29(b)
F10Words substituted by S.I. 1989/846 (N.I. 6), art. 76(1), Sch. 3 para. 12(c)
F11Words repealed (E.W.S.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), (4), Sch. 3 para. 20(2)(b), Sch. 5
F12Words “the 1985 Act” substituted (E.W.S.) for words “the 1963 Act” by Weights and Measures Act 1985 (c. 72, SIF 131), s. 97, Sch. 12 para. 7(3)
F13Words substituted by S.I. 1981/231 (N.I. 10), art. 54(1), Sch. 10 para. 3(d)
Modifications etc. (not altering text)
C1By S.I. 1982/846 (N.I. 11), art. 5(1) it is provided that the reference to the Department of Commerce shall be construed as a reference to the Department of Economic Development