Part IV MISCELLANEOUS AND SUPPLEMENTAL
Powers of Ministers
C1C2C540 Power to issue codes of practice.
1
For the guidance of food authorities, F1the Secretary of Statemay issue codes of recommended practice as regards the execution and enforcement of this Act and of regulations and orders made under it; and any such code shall be laid before Parliament F2or in the case of a code which applies only to Scotland, before the Scottish Parliament after being issued.
F31A
The Food Standards Agency may, after consulting the Secretary of State, give a food authority a direction requiring them to take any specified steps in order to comply with a code under this section.
2
In the exercise of the functions conferred on them by or under this Act, every food authority—
a
shall have regard to any relevant provision of any such code; and
b
shall comply with any direction which is given F4under this section and requires them to take any specified steps in order to comply with such a code.
3
F73A
The Food Standards Agency shall consult the Secretary of State before making an application under subsection (3) above.
4
Before issuing any code under this section, F1the Secretary of State shall
a
b
have regard to any relevant advice given by the Food Standards Agency
F104A
If it appears to the Secretary of State that the Food Standards Agency has undertaken any consultation with an organisation that he is required to consult under subsection (4) above, the Secretary of State may treat that consultation as being as effective for the purposes of that subsection as if undertaken by him.
F194B
Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.
5
Any consultation undertaken before the commencement of subsection (4) above shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
C3C641 Power to require returns.
C4C742 Default powers.
1
Where F14the Secretary of State is satisfied that—
a
a food authority (in this section referred to as “the authority in default”) have failed to discharge any duty imposed by or under this Act; and
b
the authority’s failure affects the general interests of consumers of food,
he may by order empower another food authority F15or the Food Standards Agency (in this section referred to as “the substitute authority”), or F16a person (whether or not an officer of his) who is authorised by him in writing to do so, to discharge that duty in place of the authority in default F17but if regulations made by the Ministers so provide, no person shall be so authorised unless he has such qualifications as may be prescribed by the regulations..
2
For the purpose of determining whether the power conferred by subsection (1) above is exercisable, the Minister may cause a local inquiry to be held; and where he does so, the relevant provisions of the Local Government Act shall apply as if the inquiry were a local inquiry held under that Act.
3
Nothing in subsection (1) above affects any other power exercisable by the Minister with respect to defaults of local authorities.
4
The substitute authority or F14the Secretary of State may recover from the authority in default any expenses reasonably incurred by them or him under subsection (1) above; and for the purpose of paying any such amount the authority in default may—
a
raise money as if the expenses had been incurred directly by them as a local authority; and
b
if and to the extent that they are authorised to do so by the Minister, borrow money in accordance with the statutory provisions relating to borrowing by a local authority.