Specific transfers of functions3

1

Subject to paragraphs (4) and (7), any function of the Minister of Agriculture, Fisheries and Food—

a

under the New Forest Act 19494, the New Forest Act 19645 or the New Forest Act 19706;

b

under section 19 of the Veterinary Surgeons Act 19667;

c

under the Medicines Act 19688 or the Medicines Act 19719 (other than any function of laying a copy of a report under section 5(2) of the Act of 1968 and any function under section 108 of that Act);

d

under paragraph 3 of Schedule 1 to the Poisons Act 197210;

e

under section 51 of the Fair Trading Act 197311 or any related provision of that Act;

f

F1...; or

g

which is exercisable by virtue of section 265(3)(a) or (4) of the Town and Country Planning Act 199013;

is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

2

Any function of the Minister of Agriculture, Fisheries and Food under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (1) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

3

Any function of the Minister of Agriculture, Fisheries and Food under section 29 of the Food Standards Act 199914 is hereby transferred to each Secretary of State having responsibility for any matters connected with the regulation of veterinary products.

4

Any function under the New Forest Act 1949, the New Forest Act 1964 or the New Forest Act 197015 which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions acting jointly.

5

Any function under Schedule 1 to the Forestry Act 196716 which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly is hereby transferred to the Secretary of State.

6

Any function under section 2, 3 or 5 of the Agriculture (Miscellaneous Provisions) Act 196817 which is exercisable by the Minister of Agriculture, Fisheries and Food, the Secretary of State and the Secretary of State for Wales acting jointly is hereby transferred to the Secretary of State.

7

Any function under the Medicines Act 1968 or the Medicines Act 1971 which is exercisable, by the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with health in England acting jointly, by virtue of the definition of “the Ministers” in section 1(1) of the Act of 1968 (including any function so exercisable by virtue of the definition of “the appropriate Ministers” in section 1(2) of that Act) is hereby transferred to the Secretary of State.

8

Any function under the Dairy Produce Quotas Regulations 199718 which is exercisable by—

a

the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly; or

b

the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly;

is hereby transferred to the Secretary of State.

9

Any function of—

a

the Minister of Agriculture, Fisheries and Food;

b

a named Secretary of State (however described); or

c

the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, the Secretary of State for Scotland or the Secretary of State, or more than one of them, acting jointly;

under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (5), (6) or (8) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State.

10

Any function of—

a

the Minister of Agriculture, Fisheries and Food;

b

a named Secretary of State (however described); or

c

the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with health in England acting jointly or the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;

under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (7) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State.

11

Any function of making regulations under section 2(2) of the European Communities Act 197219 which is exercisable by the Minister of Agriculture, Fisheries and Food and one or more Secretaries of State acting jointly is hereby transferred—

a

in a case where the Secretary of State for Environment, Food and Rural Affairs is not the Secretary of State concerned or one of the Secretaries of State concerned, to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State, or (as the case may be) Secretaries of State, concerned acting jointly;

b

in a case where the Secretary of State for Environment, Food and Rural Affairs is the Secretary of State concerned, to the Secretary of State; and

c

in a case where the Secretary of State for Environment, Food and Rural Affairs is one of the Secretaries of State concerned, to those Secretaries of State acting jointly.