Powers of Secretary of State in relation to applications etc. U.K.

23 Power of Secretary of State to give directions to [F1 appropriate Agency]. E+W+S

(1) The Secretary of State may, if he thinks fit in relation to—

(a) an application for registration under section 7 or 10,

(b) an application for an authorisation under section 13 or 14, or

(c) any such registration or authorisation,

give directions to the [F1 appropriate Agency] requiring [F2 it] to take any of the steps mentioned in the following subsections in accordance with the directions.

(2) A direction under subsection (1) may require the [F1 appropriate Agency] so to exercise [F2 its] powers under this Act as—

(a) to refuse an application for registration or authorisation,

(b) to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or

(c) to vary a registration or authorisation, as may be so specified, or

(d) to cancel or revoke (or not to cancel or revoke) a registration or authorisation.

(3) The Secretary of State may give directions to the [F1 appropriate Agency], as respects any registration or authorisation, requiring [F2 it] to serve a notice under section 21 or 22 in such terms as may be specified in the directions.

(4) The Secretary of State may give directions requiring the [F1 appropriate Agency] to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

F3 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F1 Words in s. 23 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 23(1)(2)(3) substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s.120(1) Sch. 22 para. 211(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3 S. 23(4A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(1)(4), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

23 Power of Secretary of State to give directions to chief inspector. N.I.

(1) The Secretary of State may, if he thinks fit in relation to—

(a) an application for registration under section 7 or 10,

(b) an application for an authorisation under section 13 or 14, or

(c) any such registration or authorisation,

give directions to the chief inspector requiring him to take any of the steps mentioned in the following subsections in accordance with the directions.

(2) A direction under subsection (1) may require the chief inspector so to exercise his powers under this Act as—

(a) to refuse an application for registration or authorisation,

(b) to effect or grant a registration or authorisation, attaching such limitations or conditions (if any) as may be specified in the direction, or

(c) to vary a registration or authorisation, as may be so specified, or

(d) to cancel or revoke (or not to cancel or revoke) a registration or authorisation.

(3) The Secretary of State may give directions to the chief inspector, as respects any registration or authorisation, requiring him to serve a notice under section 21 or 22 in such terms as may be specified in the directions.

(4) The Secretary of State may give directions requiring the chief inspector to send such written particulars relating to, or to activities carried on in pursuance of, registrations effected or authorisations granted under any provision of this Act as may be specified in the directions to such local authorities as may be so specified.

(5) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Extent Information

E4 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

24 Power of Secretary of State to require certain applications to be determined by him. E+W+S

(1) The Secretary of State may—

(a) give general directions to the [F4 appropriate Agency] requiring [F5 it] to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination, and

(b) give directions to the [F4 appropriate Agency] in respect of any particular application requiring [F5 it] to refer the application to the Secretary of State for his determination.

(2) Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

(3) The following provisions shall apply to inquiries in pursuance of subsection (2)—

(a) in England and Wales, subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,

(b) in Scotland, subsections (2) to (8) of section 210 of the M2 Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c) in Northern Ireland, Schedule 8 to the M3 Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).

(4) After determining any application so referred, the Secretary of State may give the [F4 appropriate Agency] directions under section 23 as to the steps to be taken by [F5 it] in respect of the application.

F6 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F4 Words in s. 24 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200, (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F5 Words in s. 24(1)(4) substituted (E.W.S.) (1.4.1996) by 1996 c. 25, s. 120(1), Sch. 22 para. 212(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6 S. 24(4A) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(4), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.

M3 S.I. 1972/1265 (N.I. 14).

24 Power of Secretary of State to require certain applications to be determined by him. N.I.

(1) The Secretary of State may—

(a) give general directions to the chief inspector requiring him to refer applications under this Act for registrations or authorisations of any description specified in the directions to the Secretary of State for his determination, and

(b) give directions to the chief inspector in respect of any particular application requiring him to refer the application to the Secretary of State for his determination.

(2) Where an application is referred to the Secretary of State in pursuance of directions given under this section, the Secretary of State may cause a local inquiry to be held in relation to the application.

(3) The following provisions shall apply to inquiries in pursuance of subsection (2)—

(a) in England and Wales, subsections (2) to (5) of section 250 of the M4 Local Government Act 1972 (supplementary provisions about local inquiries under that section) but with the omission, in subsection (4) of that section, of the words “such local authority or”,

(b) in Scotland, subsections (2) to (8) of section 210 of the M5 Local Government (Scotland) Act 1973 (power to direct inquiries), and

(c) in Northern Ireland, Schedule 8 to the M6 Health and Personal Services (Northern Ireland) Order 1972 (provisions as to inquiries).

(4) After determining any application so referred, the Secretary of State may give the chief inspector directions under section 23 as to the steps to be taken by him in respect of the application.

(5) In the application of this section to Northern Ireland, references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland.

Extent Information

E5 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Marginal Citations

M4 1972 c. 70.

M5 1973 c. 65.

M6 S.I. 1972/1265 (N.I. 14).

25 Power of Secretary of State to restrict knowledge of applications etc. E+W+S

(1) The Secretary of State may direct the [F7 appropriate Agency] that in his opinion, on grounds of national security, it is necessary that knowledge of [F8 such information as may be specified or described in the directions, being information contained in or relating to]—

(a) any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or

(b) any particular registration or registrations of any description so specified,

should be restricted.

(2) The Secretary of State F9 . . . may direct the [F7 appropriate Agency] that in his F9 . . . opinion, on grounds of national security, it is necessary that knowledge of [F10 such information as may be specified or described in the directions, being information contained in or relating to]—

(a) any particular application for authorisation under section 13 or 14 or applications of any description specified in the directions, or

(b) any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3) Where it appears to the [F7 appropriate Agency] that an application, registration or authorisation is the subject of any directions under this section, the [F7 appropriate Agency] shall not send a copy of [F11 so much of] the application or the certificate of registration or authorisation, as the case may be [F11 as contains the information specified or described in the directions]—

(a) to any local authority under any provision of section 7 or 10, or

(b) to any public or local authority under any provision of section 16.

[F12 (3A) No direction under this section shall affect—

(a) any power or duty of the Agency to which it is given to consult [F13 the Food Standards Agency]; or

(b) the information which is to be sent by that Agency to [F13 the Food Standards Agency].]

(4) In the application of this section to Northern Ireland—

(a) references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b) in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F7 Words in s. 25 substituted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 200 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F8 Words in s. 25(1) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(1) (with ss.7(6), 115, 117); S.I. 1995/1983, art. 2

F9 Words in s. 25(2) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 213(2)(a), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F10 Words in s. 25(2) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(2)(b) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F11 Words in s. 25(3) inserted (E.W.S.) (28.7.1995) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(3) (with ss. 7(6), 115, 117); S.I. 1995/1983, art. 2

F12 S. 25(3A) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 213(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F13 Words in S. 25(3A) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 43(1)(5)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F14 S. 25(5) repealed (1.4.2000) by 1999 c. 28, s. 40(1)(2)(4), Sch. 5 para. 43(5), Sch. 6 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C1 S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1

C2 S. 25: functions of a Minister of the Crown, so far as they are exercisable by him in or as regards Scotland, now exercisable (1.7.1999) by the Scottish Ministers concurrently with the Minister concerned and only after consultation with the Secretary of State by S.I. 1999/1750, arts. 1, 3, Sch. 2 (with art. 7)

25 Power of Secretary of State to restrict knowledge of applications etc. N.I.

(1) The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of—

(a) any particular application for registration under section 7 or 10 or applications of any description specified in the directions, or

(b) any particular registration or registrations of any description so specified,

should be restricted.

(2) The Secretary of State or, in a case falling within section 16(3) in relation to premises in England, the Secretary of State and the Minister of Agriculture, Fisheries and Food, may direct the chief inspector that in his or their opinion, on grounds of national security, it is necessary that knowledge of—

(a) any particular application for authorisation under section 13 or 14 or applications of any description specified in the directions, or

(b) any particular authorisation under either of those sections or authorisations of any description so specified,

should be restricted.

(3) Where it appears to the chief inspector that an application, registration or authorisation is the subject of any directions under this section, the chief inspector shall not send a copy of the application or the certificate of registration or authorisation, as the case may be—

(a) to any local authority under any provision of section 7 or 10, or

(b) to any public or local authority under any provision of section 16.

(4) In the application of this section to Northern Ireland—

(a) references to the Secretary of State shall have effect as references to the Department of the Environment for Northern Ireland, and

(b) in subsection (2), the reference to England shall have effect as a reference to Northern Ireland and the reference to the Minister of Agriculture, Fisheries and Food shall have effect as a reference to the Department of Agriculture for Northern Ireland.

Extent Information

E6 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Modifications etc. (not altering text)

C3 S. 25: functions exercisable by the Secretary of State now exercisable (1.7.1999) by the National Assembly for Wales concurrently with the Secretary of State by S.I. 1999/672, arts. 1(2), 2, Sch. 1