Food Act 1984

74 Duty to enforce. E+W+N.I.

(1) The Minister shall enforce and execute the provisions of the sections, orders and regulations specified in paragraph 1 of Schedule 6, and the food and drugs authorities shall enforce and execute the provisions of the sections and regulations specified in paragraph 2 of that Schedule.

(2) It is the duty of every local authority to enforce and execute in their district the provisions of any section of this Act with respect to which the duty is not expressly, or by necessary implication, imposed on some other authority.

(3) Regulations made under Part I, Milk and Dairies Regulations and Milk (Special Designation) Regulations shall specify the authorities by whom they are to be enforced and executed, being—

(a) in the case of regulations made under Part I, county councils, local authorities, food and drugs authorities, port health authorities, or the Commissioners of Customs and Excise,

(b) in the case of Milk and Dairies Regulations and Milk (Special Designation) Regulations, county councils, local authorities, food and drugs authorities, or port health authorities,

and any regulations to which this subsection applies may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations, or of this Act, to any other authority so concerned, for the purposes of their respective duties under them.

This subsection does not apply to the enforcement and execution of so much of any regulations made under Part II as is, by virtue of subsection (1), enforceable by the Minister.

[F1 (4) Subsection (3) applies to Northern Ireland so far as it relates—

(a) to those regulations and orders made under Part I which apply to Northern Ireland; and

(b) to the enforcement and execution of those regulations and orders,

and accordingly that subsection is modified—

(i) by the substitution in paragraph (a) of the words “district councils” for “county councils, local authorities, food and drugs authorities, port health authorities”; and

(ii) by the construction of the reference to any authority concerned in the administration of this Act as a reference to any authority concerned in the administration of any corresponding Northern Ireland enactment.]

Textual Amendments

F1 S. 74(4) repealed (N.I.) ( 4.11.1991) by S.I. 1991/762, art. 51(4), Sch.4; S.R. 1991/175, art. 2(2).