SCHEDULES 1–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F3SCHEDULE 9 Transitional and Saving Provisions
Time running
1
Where a period of time specified in an enactment repealed by this Act is current at the Act’s commencement, the Act has effect was if the provision corresponding to that enactment had been in force when that period began to run.
Section 41(1) Food and Drugs Act1955 c. 16. (4 & 5 Eliz. 2)
2
Subject to section 43(1), the provisions of section 40(1) of this Act shall be in operation in any area in which, immediately before the commencement of this Act, corresponding provisions were in operation by virtue of section 41(1) of the Food and Drugs Act 1955.
Local Acts
3
(1)
In section 303 of the M1Publlic Health Act 1875 (power to repeal and alter local Acts by provisional orders), the reference to any local Act which relates to the same subject-matters as that Act shall be construed as including a reference to any local Act which relates to the same subject-matters as this Act.
(2)
Notwithstanding the repeal by this Act of the provisions of sections 131(2) and Part II of Schedule 9 to the Food and Drugs Act 1955, any application may be made and any power may be exercised in relation to those provisions as and to the extent that they were capable of being made and exercised immediately before the commencement of this Act.
(3)
Any power exercisable under section 48 of the M2Local Government (Miscellaneous Provisions) Act 1982 (consequential repeal or amendment of local statutory provisions) in relation to a provision of that Act repealed by this Act is exercisable in relation to the corresponding provision of this Act as and to the extent that it was capable of such exercise immediately before the commencement of this Act.
Public Health (Shell-Fish) Regulations S.R. & O. 1934/1342
4
An order having effect immediately before the commencement of this Act under the Public Health (Shell-Fish) Regulations 1934—
(a)
continues in force under those regulations of 1934; and
(b)
may be further continued by regulations made under section 13 as if it had been made under such regulations.
Orders under Defence (Sale of Food) Regulations S.R. & O. 1943/1553
5
(1)
Any order made under regulation 2 of the Defence (Sale of Food) Regulations 1943, being an order which was in force immediately before the commencement of this Act, shall—
(a)
in the case of an order made by the Minister of Food or by the Minister of Agriculture, Fisheries and Food for the purposes of paragraph (1)(a) of that regulation, continue in force and have effect as if contained in regulations made by the Ministers under section 7,
(b)
in the case of an order made by the Minister of Food or by the Minister of Agriculture, Fisheries and Food for the purposes of paragraph (1)(b) of that regulation, continue in force and have effect as if contained in regulations made by the Ministers under section 4,
and references in this Act to regulations made under those sections shall be construed accordingly.
(2)
such an order may be varied or revoked accordingly by regulations made under section 4 or section 7, as the case may be; and the order shall have effect, subject to any variation by regulations under this Act—
(a)
as if it provided that any breach was an offence under this act; and
(b)
as if it specified a food and drugs authority as the authority to enforce the provisions of the order within their area.
M3Sugar Act 1956
6
(1)
Notwithstanding the repeal by this Act of section 23(4) of the Sugar Act 1956—
(a)
that subsection (which provides that British Sugar, public limited company, shall furnish the Minister and the Secretary of State with such estimates, returns, accounts and other information as to the company’s business as they may respectively require) continues to have effect, and
(b)
the power under section 4 of, and Part II of Schedule 3 to, the M4European Communities Act 1972 in relation to the repeal of that subsection continues to be exercisable,
as if that subsection had not been repealed.
(2)
Nothing in this Act affects the saving (as regards advances made and guarantees given before 1st February 1973) in relation to section 22 of the Sugar Act 1956 in Part II of Schedule 3 to the European Communities Act 1972.
Sections 252 and 254 M5Local Government Act 1972
7
Section 252 (general power to adapt Acts and instruments) and section 254 (consequential and supplementary provision) of the Local Government Act 1972 have effect in relation to those provisions of this Act which reproduce enactments which were in force before 1st April 1974 as if those provisions had been in force before that date.
SCHEDULE 10 Consequential Amendments
M6City of London (Various Powers) Act 1959
1
In section 10(3) of the City of London (Various Powers) Act 1959, for “ M7Food and Drugs Act 1955” substitute “
Food Act 1984
”.
M8London County Council (General Powers) Act 1959
2
In section 13(3) of the London County Council (General Powers) Act 1959, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
M9Public Health Act 1961
3
In paragraph (b) of section 41(1) of the Public Health Act 1961, for “subsection (1) of section twenty-three of the M10Food and Drugs Act 1955” substitute “
section 28(1) of the Food Act 1984
”.
M11Weights and Measures Act 1963
4
In sections 29(3) and 58(1) of the Weights and Measures Act 1963, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
5
In paragraph 1(e) of Part I of Schedule 10 to that Act—
(a)
for “Food and Drugs Act 1955” substitute “
Food Act 1984
”;
(b)
for “section 134 of, and Schedule 10 to” substitute “
sections 7(3) and 135 of
”.
M12London Government Act 1963
6
“(1)
The council of a London borough shall, as respects that borough, be the authority responsible for enforcing section 35 of the Food Act 1984 (which prohibits the sale of milk from diseased cows), and the Common Council shall, as respects the City, be the authority for enforcing that section 35; and in that Act of 1984—
(a)
Part III (which relates to the provision and regulation of markets) extends to all the London boroughs; and
(b)
section 70 (which relates to cold storage) extends to the whole of Greater London.”.
M13Agriculture Act 1967
7
In paragraph (e) of section 4(1) and in section 4(2) of the Agriculture Act 1967, for “section 56(2) of the Food and Drugs Act 1955” substitute “
section 57(2) of the Food Act 1984
”.
8
In section 7(3) of that Act, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
9
In section 25(2) of that Act, for “section 135(1) of the Food and Drugs Act 1955” substitute “
section 132(1) of the Food Act 1984
”.
M14Farm and Garden Chemicals Act 1967
10
In subsections (3) and (7)(c) of section 4 of the Farm and Garden Chemicals Act 1967, for “section 89 of the Food and Drugs Act 1955” substitute “
section 76 of the Food Act 1984
”.
M15Trade Descriptions Act 1968
11
In section 2(5) of the Trade Descriptions Act 1968, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
12
In section 22(2) of that Act—
(a)
for “ M16Food and Drugs Act 1955” substitute “
Food Act 1984
”;
(b)
in paragraph (a) of that subsection, for “said Act of 1955, sections 93 and 97” substitute “
said Act of 1984, sections 80 and 84
”;
(c)
for “section 123 or 123A of the said Act of 1955” substitute “
section 118 or 119 of the said Act of 1984
”.
M17Health Services and Public Health Act 1968
13
In section 62 of the Health Services and Public Health Act 1968—
(a)
in subsection (1)—
(i)
omit “and in the Food and Drugs Act 1955 references to ships”, and
(ii)
for “in each of those Acts” substitute “
in that Act
”;
(b)
in subsection (2) for “for the references therein to the M18Public Health Act 1936 and the Food and Drugs Act 1955, there were substituted references respectively to” substitute “
the reference to the Public Health Act 1936 included references to both
”.
M19Medicines Act 1968
14
In section 132(1) of the Medicines Act 1968, in the definition of “food and drugs authority”, for “Food and Drugs Act 1955 by section 198 of the M20Local Government Act 1972” substitute “
Food Act 1984 by section 71 of that Act
”.
15
In paragraph 1(2) of Schedule 3 to that Act, for “section 89(1) of the Food and Drugs Act 1955” substitute “
section 76(1) of the Food Act 1984
”.
M21Transport Act 1968
16
In paragraph 7(2)(d) of Schedule 16 to the Transport Act 1968, for “section 11(2) of the Food and Drugs Act 1955” substitute “
section 11(4) of the Food Act 1984
”.
M22Agriculture Act 1970
17
In subsections (4) and (5) of section 25 of the Agriculture Act 1970, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
M23Tribunals and Inquiries Act 1971
18
In paragraph 15 of Part I of Schedule 1 to the Tribunals and Inquiries Act 1971, for “Food and Drugs Act 1955 (c.16)” substitute “
Food Act 1984
”.
M24Road Traffic Act 1972
19
In section 10(7) of the Road Traffic Act 1972, for “section 89 of the M25Food and Drugs Act 1955” substitute “
section 76 of the Food Act 1984
”.
M26Greater London Council (General Powers) Act 1972
20
In paragraph (a) of section 17(5) of the Greater London Council (General Powers) Act 1972, for “Food and Drugs Act, 1955” substitute “
Food Act 1984, other than Part IV
”.
M27Poisons Act 1972
21
In paragraph (a) of section 8(4) of the Poisons Act 1972, for “section 89 of the Food and Drugs Act 1955” substitute “
section 76 of the Food Act 1984
”.
M28Local Government Act 1972
22
In section 112(4) of the Local Government Act 1972, for “section 89 of the Food and Drugs Act 1955” substitute “
section 76 of the Food Act 1984
”.
23
In section 259(3) of that Act—
(a)
in paragraph (b) for “Food and Drugs Act 1955” substitute “
Food Act 1984
”;
(b)
“(c)
any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936—
(i)
which are incorporated in the Slaughterhouses Act 1974; or
(ii)
which are repealed by the Food Act 1984 to the extent that those provisions were incorporated in the Food and Drugs Act 1955, and which are reproduced in that Act of 1984;”.
Greater London Council (General Powers) Act M29 1973
24
In section 2 of the Greater London Council (General Powers) Act 1973, for “
”the Act of 1955’ means the Food and Drugs Act 1955” substitute “
”the Act of 1984’ means the Food Act 1984
”.
25
In subsections (1) and (9) of section 30 of that Act, for “Act of 1955” substitute “
Act of 1984
”.
26
In section 32(3) of that Act, for “subsection (5) of section 100 of the Act of 1955” substitute “
section 87(5) of the Act of 1984
”.
National Health Service Reorganisation Act M30 1973
27
In paragraph (a)
(ii) of section 18(3) of the National Health Service Reorganisation Act 1973, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
Slaughterhouses Act M31 1974
28
In the Slaughterhouses Act 1974—
(a)
in paragraph (a) of section 2(2),
(b)
in paragraph (a) of section 4(2),
(c)
in section 12(2),
(d)
in sectin 16(3),
for “ M32Food and Drugs Act 1955” substitute “
Food Act 1984
”.
M33Weights and Measures etc. Act 1976
29
In section 12 of the Weights and Measures Act 1976—
(a)
in subsection (1)(a), for “Food and Drugs Act 1955 (the ”1955 Act’)” substitute “
Food Act 1984 (the ”1984 Act’)
”;
(b)
in subsection (9)(a), for “the 1955 Act” substitute “
the 1984 Act
”.
30
In paragraph 2 of Schedule 6 to that Act—
(a)
in sub-paragraph (1), for “Food and Drugs Act 1955” substitute “
Food Act 1984
”;
(b)
in sub-paragraph (2)—
(i)
for “Part V” substitute “
Part VI
”;
(ii)
for “sections 126, 127, 128 and 131” substitute “
sections 109, 111, 112, 113(1)–(4), sections 114 to 117, sections 122 to 125, sections 127 to 130, section 132(2) and Schedule 9 paragraph 3(1) and (2)
”.
M34City of London (Various Powers) Act 1977
31
In section 22(2) of the City of London (Various Powers) Act 1977—
(a)
for “section 100 of the Food and Drugs Act 1955” substitute “
section 87 of the Food Act 1984
”; and
(b)
for “section 101(2)” substitute “
section 88(2)
”.
M35Consumer Safety Act 1978
32
In the Consumer Safety Act 1978—
(a)
in paragraph (b) of the definition of “goods” in section 9(4), and
(b)
in paragraph (g)
(i) of section 11,
for “section 135(1) of the Food and Drugs Act 1955” substitute “
section 131(1) of the Food Act 1984
”.
M36Hydrocarbon Oil Duties Act 1979
33
In paragraph 5(d) of Schedule 5 to the Hydrocarbon Oil Duties Act 1979, for “section 89 of the Food and Drugs Act 1955” substitute “
section 76 of the Food Act 1984
”.
M37Local Government (Miscellaneous Provisions) Act 1982
34
In paragraph 11(b) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, for “section 55 of the M38Food and Drugs Act 1955” substitute “
section 56 of the Food Act 1984
”.
M39Public Health (Control of Disease) Act 1984
35
In paragraph (a) of section 3(2) of the Public Health (Control of Disease) Act 1984, for “Food and Drugs Act 1955” substitute “
Food Act 1984
”.
36
In paragraph (d) of section 7(3) of that Act, for “Food and Drugs Act 1955” substitute “
Food Act 1984, other than Part IV
”.
37
In paragraph (b) of section 20(1) of that Act, for “section 23 of the Food and Drugs Act 1955” substitute “
section 28 of the Food Act 1984
”.
SCHEDULE 11 Repeals and Revocations
Acts
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TABLE OF DERIVATIONS
Notes—1. The following abbreviations are used in this Table—
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2
The Table does not generally acknowledge transfers of ministerial functions.
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