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Food and Environment Protection Act 1985

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Part IVU.K. General and Supplementary

20 Application to Crown etc.U.K.

(1)An emergency order operates in relation to land in the designated area in which there is a Crown interest or a Duchy interest.

(2)Subject to subsection (3) below, a person to whom this subsection applies may perform any functions under this Act in relation to land in which there is such an interest.

(3)Such a person shall not perform any functions—

(a)in relation to land in which there is no interest other than a Crown interest or a Duchy interest; or

(b)in relation to land which is exclusively in Crown occupation.

(4)Subsection (2) above applies—

(a)to an investigating officer;

(b)to an enforcement officer; and

(c)to a person authorised to enforce Part II or III of this Act.

(5)In this section—

  • “Crown interest” means any interest belonging to Her Majesty in right of the Crown or belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

  • “Crown occupation” means occupation by Her Majesty in right of the Crown or occupation by a government department; and

  • “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.

21 Offences—penalties etc.U.K.

(1)A person guilty of an offence to which this subsection applies shall be liable—

(a)on summary conviction, to a fine of an amount not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine or to imprisonment for a term of not more than two years or to both.

(2)The offences to which subsection (1) above applies are offences under sections 1(6), [F1and 2(4)] above.

[F2(2A)A person guilty of an offence under section 9(1) shall be liable—

(a)on summary conviction, to [F3a fine of an amount not exceeding £50,000][F3a fine]; and

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.]

(3)A person guilty of an offence to which this subsection applies shall be liable—

(a)on summary conviction, to a fine of an amount not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(4)The offences to which subsection (3) above applies are offences under sections 9(2) and 16(12) above.

(5)A person guilty of an offence under Schedule 2 to this Act shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(6)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(7)Where the affairs of a body corporate are managed by its members, subsection (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

F4(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1S. 21 extended (with modifications) (22.8.1997) by S.I. 1997/1770, art. 4

22 General defence of due diligence.U.K.

(1)In any proceedings for an offence under this Act it is a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2)Without prejudice to the generality of subsection (1) above, a person is to be taken to have established the defence provided by that subsection if he proves—

(a)that he acted under instructions given to him by his employer; or

(b)that he acted in reliance on information supplied by another person without any reason to suppose that the information was false or misleading,

and in either case that he took all such steps as were reasonably open to him to ensure that no offence would be committed.

(3)If in any case the defence provided by subsection (1) above involves an allegation that the commission of the offence was due to an act or omission by another person, other than the giving of instructions to the person charged with the offence by his employer, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in his possession.

Modifications etc. (not altering text)

C5S. 22 applied (with modifications) (1.2.2000) by S.I. 1999/3483, reg. 4(6)

S. 22 applied (1.2.2000) by S.S.I. 2000/22, art. 4(5)

23 Financial provisions.U.K.

(1)There shall be paid out of money provided by Parliament all sums required for the purpose of making payments on behalf of Her Majesty’s Government in the United Kingdom to the international organisations.

(2)Any expenses of a Minister of the Crown or government department incurred in consequence of the provisions of this Act shall also be paid out of money provided by Parliament.

(3)Any receipts of a Minister of the Crown or government department under this Act shall be paid into the Consolidated Fund.

24 Interpretation.U.K.

(1)In this Act, unless the context otherwise requires—

F5...

  • “ agricultural ” is to be construed in accordance with section 109(3) of the Agriculture Act 1947, section 86(3) of the M1 Agriculture (Scotland) Act M2 1948 or section 43(1) of the M3 Agriculture Act (Northern Ireland) 1949;

  • “ British aircraft ” means an aircraft registered in the United Kingdom;

  • “ British fishery limits ” has the meaning assigned to it by the M4 Fishery Limits Act 1976;

  • “ British hovercraft ” means a hovercraft registered in the United Kingdom;

  • “ British marine structure ” means a marine structure owned by or leased to an individual residing in or a body corporate incorporated under the law of any part of the United Kingdom;

  • “ British sea-fishery officer ” means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer for the purposes of the Sea Fisheries Acts;

  • “ British vessel ” means a vessel registered in the United Kingdom, or a vessel exempted from such registration under the [F6 Merchant Shipping Act 1995 ] ;

  • “ captain ”, in relation to a hovercraft, means the person who is designated by the operator to be in charge of it during any journey, or, failing such designation, the person who is for the time being lawfully in charge of it;

  • “ commander ”, in relation to an aircraft, means the member of the flight crew designated as commander of that aircraft by the operator, or, failing such designation, the person who is for the time being the pilot in command of the aircraft;

  • “ Convention State ” means a state which is a party to the London Convention or the Oslo Convention;

  • F7...

  • “ creature ” means any living organism other than a human being or a plant;

  • “ crops ” includes any form of vegetable produce;

  • “ designated area ” and “ designating authority ” have the meanings assigned to them by section 1(2) above;

  • [F8 “ designated circumstances ” ] has the meaning assigned to it by section 1(5) above;

  • “ emergency order ” and “ emergency prohibitions ” have the meanings assigned to them by section 1(2) above;

  • “ enforcement officer ” has the meaning assigned to it by section 3 above;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

  • “ fish ” includes—

(a)shellfish; and

(b)part of a fish;

and “ fishing ” includes fishing for shellfish;

  • “ fishing boat ” means any vessel for the time being employed in fishing operations or any operations ancillary thereto;

  • [F10 “ food ” has the same meaning as in the Food Safety Act 1990. ]

  • “ human consumption ” includes use in the preparation of food for human consumption;

  • “ importation ” has the same meaning as in the Customs and Excise Acts 1979;

  • “ incineration ” has the meaning assigned to it by section 6 above;

  • “ international organisation ” means any organisation established in pursuance of Article XIV of the London Convention or Article 16 of the Oslo Convention;

  • “ investigating officer ” has the meaning assigned to it by section 3 above;

  • “ licence ” means a licence under Part II of this Act;

[F11“licensing authority” means,

F12( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to Scotland–

(i) as regards operations, so far as relating to oil and gas exploration and exploitation, to which a licence would relate and which would be, or have been, carried out in [F13 waters within the Scottish inshore region ] but lying outside controlled waters within the meaning of section 3OA(1) of the Control of Pollution Act 1974 F14 or which commence in Scotland, the Secretary of State;

(ii) as regards operations falling within the subject matter of Part VI of the Merchant Shipping Act 1995 F15 , to which a licence would relate and which would be, or have been, carried out in [F16 the Scottish inshore region ] , the Secretary of State;

(iii) as regards any other operations to which a licence would relate and which would be, or have been, carried out in [F16 the Scottish inshore region ] or which commence in Scotland, the Secretary of State F17 ...; ]

  • “ the London Convention ” means the Convention on the Prevention of Maritime Pollution by Dumping of Wastes and Other Matter concluded at London in December 1972;

  • “ marine structure ” means a platform or other man-made structure at sea, other than a pipe-line;

  • “ master ”, in relation to any vessel, includes the person for the time being in charge of the vessel;

  • “ the Ministers ” means the Minister of Agriculture, Fisheries and Food and the Secretary of State;

  • “ the Oslo Convention ” means the Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft concluded at Oslo in February 1972;

  • “ pest ”, “ pesticide ” and “ pesticide residue ” are to be construed in accordance with section 16 above;

  • “ plants ” means any form of vegetable matter, while it is growing and after it has been harvested, gathered, felled or picked, and in particular, but without prejudice to the generality of this definition, includes—

  • [F18 “ Scottish inshore region ” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act); ]

(a)agricultural crops;

(b)trees and bushes grown for purposes other than those of agriculture;

(c)wild plants; and

(d)fungi;

[F19“Scottish zone” has the meaning assigned to it by section 126(1) of the Scotland Act 1998;]

  • “ sea ” includes any area submerged at mean high water springs and also includes, so far as the tide flows at mean high water springs, an estuary or arm of the sea and the waters of any channel, creek, bay or river;

  • “ shellfish ” includes crustaceans and molluscs of any kind;

  • F20 . . .

  • F20 . . .

  • F21 ...

  • “ vessel ” has the meaning assigned to [F6 “ship” by the Merchant Shipping Act 1995 ] .

(2)Any reference in this Act to the London Convention or the Oslo Convention is a reference to it as it has effect from time to time.

F22( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( 3 )Any power conferred by this Act to make orders or regulations may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act;

(iii)any such provision either unconditionally, or subject to any specified condition,

and includes power to make such incidental or supplemental provision in the orders or regulations as the Minister making them considers appropriate.

Textual Amendments

F6 Words in s. 24(1) substituted (1.1.1996) by 1995 c. 21 , ss. 314(2) , 316(2) , Sch. 13 para. 75 (with s. 312(1))

F9 Definition repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2) , s. 59(1)(4) , Sch. 3 para. 29(b) , Sch. 5 ; and expressed to be repealed (N.I.) (21.5.1991) by S.I. 1991/762 (N.I. 7) , art. 51(4) , Sch. 4 ; S.R. 1991/175 , art. 2(1) .

F11 S. 24: definition of “licensing authority”substituted (30.6.1999) by S.I. 1999/1756 , art. 2 Sch. para. 10(11)(b) (with art. 8 ); S.I. 1998/3178

F14 1974 c.40 . Section 3OA(1) was inserted by the Water Act 1989, (c. 15), Schedule 23.

F19 S. 24: definition of “Scottish Zone”inserted (30.6.1999) by S.I. 1999/1756 , art. 2 Sch. para. 10(11)(c) (with art. 8 ); S.I. 1998/3178

F20 Definitions of "the standard scale" and "the statutory maximum" repealed (5.11.1993) by 1993 c. 50 , s. 1(1) , Sch. 1 Pt. XIV Group 2

Modifications etc. (not altering text)

Marginal Citations

M2 1949 c. 2 . (N.I.).

M3 1949 c. 2 . (N.I.).

25 Northern Ireland.U.K.

(1)It is hereby declared that this Act extends to Northern Ireland.

(2)In the application of Parts I and III of this Act as respects transferred matters in Northern Ireland—

[F23(za)in section 1(2), in the definition of “designating authority”, for the words from “in relation” (in the first place they appear) to the end there is substituted “means the Department of Health and Social Services for Northern Ireland;”]

(a)subject to [F24paragraphs (ab) and] (b) below, for any reference [F25in Part III]to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland;

[F26(ab)subject to paragraph (b) below, in section 16 for any reference to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland and the Department of Health and Social Services for Northern Ireland acting jointly;]

(b)for any reference to the Ministers or either of them in section 16(2)(g) and (l) [F27, 16(13A)], 17, . . . F28 and 19(1) above there is substituted a reference to any Northern Ireland Department;

(c)for any reference to Parliament, each or either House of Parliament or both Houses of Parliament, there is substituted a reference to the Northern Ireland Assembly;

(d)for any reference to the Treasury there is substituted a reference to the Department of Finance and Personnel for Northern Ireland;

(e)in section 16(10), for the reference to the [F29the Health and Safety Executive] there is substituted a reference to the Health and Safety Agency for Northern Ireland; and

(f)section 17(4)(a) is omitted.

[F30(2A)In the application of section 16 as respects transferred matters in Northern Ireland, for subsection (6) of section 16 substitute—

“(6)Regulations—

(a) if contained in a statutory rule which includes any regulations made under section 2(2) of the M5 European Communities Act 1972, shall be subject to negative resolution within the meaning of section 41(6) of the M6 Interpretation Act Northern Ireland) 1954;

(b)in any other case, shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly. ”.]

F31(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 20 above F32...—

(a)any reference to the Crown includes a reference to the Crown in right of Her Majesty’s Government in Northern Ireland; and

(b)“government department” includes a Northern Ireland department.

[F33(4A)Section 24(1) above shall have effect in relation to Northern Ireland as if for the definition of “food” there were substituted the following definition—

F34 [ “food” has the same meaning as in the Food Safety (Northern Ireland) Order 1991 ]]

(5)An order or regulations made under this Act by a Northern Ireland department shall be a statutory rule for the purposes of the M7Statutory Rules (Northern Ireland) Order 1979 and references to a statutory instrument shall be construed accordingly.

(6)In this section “transferred matters” has the meaning assigned to it by section 43(2) of the M8Northern Ireland Constitution Act 1973.

Textual Amendments

F23S. 25(2)(za) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 6(6)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F24Words in s. 25(2)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 6(6)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F25Words in s. 25(2)(a) inserted (11.11.1999) by 1999 c. 28, ss. 40(1), 43(3), Sch. 5 para. 6(5)(a) (with ss. 38, 40(2))

F26S. 25(2)(ab) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 6(6)(c) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F30S. 25(2A) inserted (9.9.1998) by 1998 c. 26, ss. 1(1)(5), 3(b)

F34Definition in s. 25(4A) substituted (N.I.) (21. 5.1991) by S.I. 1991/762, art. 51(1), Sch. 2 para. 15; S.R. 1991/175, art. 2(1).

Marginal Citations

F3526 Channel Islands etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3627 Commencement.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

28 Short title.U.K.

This Act may be cited as the Food and Environment Protection Act 1985.

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