text:
Title and commencement
1
This Order may be cited as the Horticultural Development Council (Amendment) Order 1990 and shall come into force on the day immediately following the day on which it is made.
Amendment of the Horticultural Development Council Order 1986
2
The Horticultural Development Council Order 1986 (hereinafter called “the principal Order”) shall be amended in accordance with the following provisions of this Order.
3
In article 2(1) of the principal Order–
a
there shall be inserted before the definition of “the Council” the following definition:
“compost” means any growing medium used in the production of mushrooms;
;
b
there shall be substituted for the definition of “grower” the following definition:
“grower” means a mushroom grower or a person who grows horticultural produce other than mushrooms for sale, whose sales of such produce (excluding Value Added Tax and the cost of haulage and packing materials, and in those cases where the produce is prepared for market in rateable packhouses costs associated with such preparation) were not less than £25000 during his relevant accounting year;
;
c
there shall be inserted after the definition of “the Ministers” the following definition:
“mushroom grower” means a person who purchases mushroom spawn for use in compost whose purchases of such spawn exceeded 700 litres–
during the period of 12 months ending on 30th September 1989; or
thereafter during any relevant accounting year;
;
d
there shall be substituted for the definition of “relevant accounting year” the following definition:
“relevant accounting year” means:–
in the case of a grower, other than a mushroom grower, in respect of the levy period specified in column (1) of part A of the table in paragraph (2) of this article, the accounting year specified in respect thereof in column (2) of that part, and
in the case of a mushroom grower in respect of the levy period specified in column (1) of part B of the table in paragraph (2) of this article, the accounting year specified in respect thereof in column (2) of that part.
.
4
For article 2(2) of the principal Order there shall be substituted the following paragraph:
2
Part A
Column 1 Column 2
The period of 12 months commencing on 1st October in any year. the accounting year ending in the calendar year preceding the end of the levy period.
Part B
Column 1 Column 2
a
the period starting on the commencement day of this Order and ending on 30th September 1990.
a
the period of 6 months ending on 30th September 1989.
Column 1 Column 2
b
any subsequent period of 12 months commencing on 1st October in any year.
b
the period of 12 months ending on 30th September preceding the commencement of the levy period.
5
In article 4 of the principal Order there shall be substituted for sub-paragraph (1) the following sub-paragraph:
1
sixteen persons capable of representing the interests of growers;
.
6
For article 7 of the principal Order there shall be substituted the following article:
Registration of growers
7
1
Every person who is a mushroom grower on the day on which the Horticultural Development Council (Amendment) Order 1990 comes into force shall within two months thereafter apply in writing to the Council to be registered and any other person who on or after that day becomes a grower shall so apply within two months of the day on which he became a grower.
2
Where two or more persons jointly carry on business in the industry they shall, for the purpose of registration, be treated as constituting a single person.
.
7
For paragraphs (1), (2) and (3) of article 9 of the principal Order there shall be substituted the following paragraphs:
1
For the purposes of enabling them to meet their expenses in the exercise of their functions and their administrative expenses the Council may with the approval of the Ministers and subject to paragraphs (2) and (3) of this article impose:–
a
on each grower, other than a mushroom grower, a charge for any levy period at a rate not exceeding 0.5% of the value (excluding Value Added Tax) of his sales of horticultural produce during his relevant accounting year; and
b
on each mushroom grower a charge for any levy period at a rate not exceeding 7 pence per litre of spawn purchased for use in compost during his relevant accounting year.
2
For the purpose of calculating a charge imposed under paragraph (1)(a) above for any levy period, there shall be deducted from the value of a grower’s sales during his relevant accounting year–
a
the cost to the grower of any horticultural produce which he had bought in, grown on and resold;
b
the cost of haulage and packing materials and, in those cases where the produce is prepared for market in rateable packhouses, costs associated with such preparation; and
c
the value added to horticultural produce by any processing carried out by or on behalf of the grower.
3
A grower shall be exempt from a charge imposed under paragraph (1)(a) above for any levy period if a deduction made under paragraph (2) above reduces the value of the grower’s sales during his relevant accounting year to less than £25000 (excluding Value Added Tax).
.
8
For the references to “a fine not exceeding £400” in article 12(1), (2) and (3) of the principal Order there shall be substituted references to “a fine not exceeding level 3 on the standard scale”.
9
For Schedule 1 to the principal Order there shall be substituted the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th February 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Secretary of State for Scotland
26th February 1990
Peter Walker
Secretary of State for Wales
6th March 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
These Regulations may be cited as the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) (Amendment) Regulations 1990, shall come into force on 28th December 1990 and shall have effect in relation to chargeable periods ending after 31st December 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) Regulations 1987 .
Amendments to the principal Regulations
3
1
In regulation 2 of the principal Regulations–
a
in the definition of “blended oil” for the words “section 63(1)” there shall be substituted the words “section 63(1A)(c) ”;
b
in the definition of “the originating fields” for the words “section 63(1)” there shall be substituted the words “section 63(1A)(d)”.
2
After regulation 2 of the principal Regulations there shall be inserted–
Excluded oil
2A
1
Oil which forms part of a participator’s equity production from an oil field for a chargeable period shall be excluded from section 61 of the Finance Act 1987 if, in respect of that chargeable period–
a
the conditions specified in paragraph (2) below are satisfied; and
b
where any of the oil referred to in paragraph (2) below is blended oil, the further conditions specified in paragraph (3) below are satisfied.
2
The conditions specified in this paragraph are that–
a
the participator sells at arm’s length all of the oil which comprises that equity production and all oil of the same kind which forms part of his equity production from other oil fields for that chargeable period; and
b
all persons connected with the participator sell at arm’s length all of the oil which comprises their equity production from that oil field for that chargeable period and all oil of the same kind which forms part of their equity production from other oil fields for that chargeable period; and
c
neither the participator nor any person connected with him enters into a contract for the sale of oil from any of the oil fields referred to in sub-paragraphs (a) and (b) above for delivery in that chargeable period other than a contract under which oil forming part of the equity production of the participator or (as the case may be) the person connected with him from any of those fields is delivered in the chargeable period to the purchaser or his nominee; and
d
the participator states in the return for that chargeable period required by paragraph 2 of Schedule 2 to the Oil Taxation Act 1975 that the conditions specified in sub-paragraphs (a) to (c) above are satisfied.
3
The further conditions specified in this paragraph are that–
a
blended oil delivered by any person under a contract of sale within paragraph (2)(a) or (b) above in any calendar month is apportioned to him in respect of his interest in each originating field by reference to the formula–
A × B C
where–
A is the amount of blended oil allocated to him for that month in respect of his interest in that field;
B is the amount of blended oil delivered under that contract; and
C is the total amount of blended oil that is allocated to him for that month in respect of his interests in all the originating fields; and
b
the participator states in the return referred to in paragraph (2)(d) above that the condition specified in sub-paragraph (a) above is satisfied.
4
In paragraph (3)(a) above “allocated” means allocated in accordance with the method of allocation that is in force in respect of the time when the delivery is made, and “method of allocation” means an agreed method falling within section 63(2) of the Finance Act 1987.
5
For the purposes of this regulation, a participator’s equity production from an oil field for a chargeable period is his share of the oil won from the field which, in that period, is either delivered or relevantly appropriated and no account shall be taken for those purposes of any oil to which section 61 of the Finance Act 1987 does not apply by virtue of subsection (2)(a) or (b) of that section.
6
Any question whether a person is connected with another for the purposes of this regulation shall be determined as though the provisions of section 839 of the Income and Corporation Taxes Act 1988 applied to this regulation.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
4th December 1990


text:
Citation and commencement
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) (No. 3) Order 1990 and shall come into force on 13th November 1990.
Exemption
2
The managing of sports and leisure facilities by Kennet District Council at the premises known as the Marlborough Leisure Centre shall not be treated as a defined activity within the meaning of section 2(2) (ee) of the Local Government Act 1988 so long as the premises remain vested in that council and remain subject to a right of Marlborough College to use the facilities.
Chris Patten
Secretary of State for the Environment
16th October 1990


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment (No. 2) Scheme 1990 and shall come into force on 25th July 1990.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of Article 25A of the principal Scheme
2
1
Article 25A of the principal Scheme (mobility supplement) shall be amended in accordance with the following provisions of this Article.
2
After sub-paragraph (c) of paragraph (1) there shall be added the following sub-paragraph:
d
disablement as a result of his being both blind and deaf where by reason of the effects of those conditions in combination with each other he is unable, without the assistance of another person, to walk to any intended or required destination while out of doors.
.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
For the purposes of paragraph (1)(d) a person is —
a
blind only where the degree of disablement resulting from loss of vision has been assessed in accordance with Article 10 as amounting to more than 80 per cent.;
b
deaf only where the degree of disablement resulting from loss of hearing has been assessed in accordance with Article 10 as amounting to not less than 80 per cent.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State
Department of Social Security
15th June 1990
We consent,
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
21st June 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990 and shall come into force for all purposes except for those of regulations 3(c), 5(b), 6 and 9 on 1st June 1990 and for the purposes of regulations 6 and 9 on 30th April 1990 and for the purposes of regulations 3(c) and 5(b) on 1st January 1991.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following provisions of these Regulations and in accordance with the additional amendments set out in Schedule 1 thereto.
3
In regulation 3(1) (interpretation) —
a
there shall be added the following definitions at the appropriate places in alphabetical order —
i
“category” in relation to a class of motor vehicles means a category of motor vehicles of the classes specified in the second column of Schedule 3, and a category identified by a letter means the category corresponding to the letter in the first column of that Schedule;
, and
ii
“maximum authorised mass” has the same meaning —
a
in relation to goods vehicles as “permissible maximum weight” in section 108(1) of the Road Traffic Act 1988, and
b
in relation to any other vehicle or trailer as “maximum gross weight” in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
;
b
the definition of “group” shall be omitted; and
c
in the definition of licence after the word “Act” there shall be inserted the words “other than a large goods vehicle or passenger-carrying vehicle driver’s licence as defined in section 110(2) of the Road Traffic Act 1988” .
4
In the table in regulation 7 (fees for licences) —
a
in paragraph 2, after the words “1 above or” there shall be inserted the words “3A or”;
b
in paragraph 3, after the words “or 2 above” there shall be inserted the words “or 3A below”;
c
in paragraph 3(b), for the words “groups A, B, C or E” there shall be substituted the words “category B, B plus E, B1, C1, C1 plus E, D1, D1 plus E or P”;
d
in paragraph 3(d), after the word “person” there shall be inserted the words “, other than a person referred to in paragraph 3A below,”;
e
after paragraph 3, there shall be inserted the following paragraph —
3A
A full or provisional licence granted to a person, who has held a licence for any class of vehicle, to take effect on or after 1st June 1990 on the expiry of —
a
a disqualification ordered for a reason set out in paragraph (7)(a) of regulation 24; or
b
the second and any subsequent disqualification ordered, within any period of 10 years, for a reason set out in paragraph (7)(b) of regulation 24, irrespective of the date when such an order was made.
;
f
in column (2), opposite the entry for paragraph 3A there shall be inserted the words “£20.00”; and
g
in paragraph 4, after the words “A licence” there shall be inserted the words “(not being a licence falling within paragraph 3A above)”.
5
In regulation 9 (conditions attached to provisional licences) —
a
in paragraph (1)(d) for the words “a person who is not a qualified driver” there shall be substituted the words “another person”;
b
in paragraph (2)(a) the words “or a test of competence to drive heavy goods vehicles under Part IV of the 1972 Act” shall be omitted; and
c
in the definition of “qualified driver” in paragraph (6) after the word “design” there shall be inserted the words “or class” and for the word “group” there shall be substituted the word “category”.
6
In regulation 13 (lost or defaced licences) —
a
in paragraph (1) —
i
in sub-paragraph (a)(i) after the word “licence” there shall be inserted the words “or its counterpart”, and
ii
for the word “issue” to the end there shall be substituted the words “, on surrender of any licence or counterpart that has not been lost, issue to him a duplicate licence and counterpart and shall endorse upon the counterpart any particulars endorsed upon the original licence or counterpart as the case may be and the duplicates so issued shall have the same effect as the originals.”; and
b
after paragraph (2) there shall be inserted the following paragraph —
3
The obligation in paragraph (2) shall apply in respect of the counterpart of a licence as if for the words “original licence” in each place where they occur there were substituted the words “original counterpart”.
.
7
In regulation 20 (nature of tests) —
a
in paragraphs (1), (1)(c) and (6) for the word “group” in each place where it occurs there shall be substituted the word “category”;
b
in the proviso to paragraph (1) for the words “construction or design” in each place where they occur there shall be substituted the word “class”; and
c
to paragraph (6) there shall be added the following proviso —
Provided that where the test was passed on a vehicle with automatic transmission of a class included in category B, C1 or D1 he shall, as regards those categories when listed as additional categories as above, be deemed for those purposes competent to drive only vehicles of a class included in any of those categories with automatic transmission and where the test was passed on an invalid carriage he shall be deemed for those purposes competent to drive only invalid carriages included in any additional category.
.
8
In regulation 24 (disabilities) there shall be inserted at the end the following paragraphs —
7
Subject to paragraph (8), the circumstances prescribed for the purposes of subsection (5) of section 94 of the Road Traffic Act 1988, under subsection (4) of that section, are that the person who is an applicant for, or holder of, a licence —
a
has been disqualified by an order of a court by reason that the proportion of alcohol in his breath, blood or urine exceeded the limit prescribed by virtue of section 5 of the Road Traffic Act 1988 by at least two and a half times or that he failed, without reasonable excuse, to provide a specimen when required to do so pursuant to section 7 of that Act; or
b
has been disqualified by an order of a court on two or more occasions within any period of 10 years by reason that the proportion of alcohol in his breath, blood or urine exceeded the limit prescribed by virtue of section 5 of the Road Traffic Act 1988 or that he was unfit to drive through drink contrary to section 4 of that Act.
8
In paragraph (7)(a) the order of the court shall have been made on or after 1st June 1990 and in paragraph (7)(b) at least the last such order shall have been made on or after 1st June 1990.
.
9
In regulation 25(3) (application of certain enactments to persons who become resident in Great Britain), for sub-paragraphs (a) to (f) there shall be substituted the following sub-paragraphs —
a
section 47(2) of the Road Traffic Offenders Act 1988 (which relates to the powers and duties of a court when it orders a disqualification or an endorsement) shall apply in relation to the holder of a permit, only where the court has ordered him to be disqualified and as if for the words “send the licence” onwards there were substituted the words “send the permit”, on its being produced to the court, to the Secretary of State who shall keep the permit until the disqualification has expired or been removed or the person entitled to the permit leaves Great Britain and in any case has made a demand in writing for its return to him;
b
section 7 of the Road Traffic Offenders Act 1988 (production of licence and counterpart to court) shall apply as if the references to a licence were references to a permit and as if the words after paragraph (c) thereof were omitted;
c
section 27(1), (2) and (3) of the Road Traffic Offenders Act 1988 (production of licence and counterpart) shall apply as if the references to a licence were references to a permit, but with the omission —
i
of any reference to the counterpart of a licence,
ii
in subsection (1) of the words “, before making any order under section 44 of this Act,”, and
iii
in subsection (3) of the words “, unless he satisfies the Court that he has applied for a new licence and has not received it”;
d
section 42(5) of the Road Traffic Offenders Act 1988 (which relates to the duty of a court when it orders a disqualification to be removed) shall apply in relation to the holder of a permit as if for the words “endorsed on the counterpart of the licence” onwards there were substituted the words “notified to the Secretary of State”;
e
section 164(1), (6) and (8) of the Road Traffic Act 1988 (which authorise a police constable to require the production of a licence and its counterpart) shall apply as if the references to a licence were references to a permit and any reference to a counterpart of a licence were omitted; and
f
section 173 of the Road Traffic Act 1988 (forgery of documents, etc ) shall apply as if the reference in paragraph (a) of subsection (2) of that section to any licence under any Part of that Act were a reference to a permit and the reference, in the case of a licence to drive, to any counterpart were omitted.
.
10
For regulation 29 (entitlement to groups) there shall be substituted the following regulation —
29
1
Subject to paragraphs (2) and (3), the categories of vehicles specified in the second column of the table in Schedule 3 are hereby designated as groups for the purposes of section 89(1)(a) and (b) of the Road Traffic Act 1988.
2
In the case of a person who has passed a test in a vehicle with automatic transmission of a class included in category B, C1 or D1 or who has held a licence restricted to vehicles with automatic transmission of any such class, the categories of vehicles designated as groups by paragraph (1) are, in the case of categories B, C1 and D1, restricted to vehicles of any class with automatic transmission.
3
In the case of a person who has passed a test in an invalid carriage, the categories of vehicles designated as groups by paragraph (1) are restricted to invalid carriages in such categories.
.
11
After regulation 32, there shall be inserted the following regulations —
Effect of change in classification from groups to categories
33
1
In licences (whether full or provisional) issued before 1st June 1990 any reference (including a reference construed in accordance with regulations 30, 31 and 32) to motor vehicles of a group specified in column (1) of the table in this regulation shall be construed as a reference to motor vehicles of the category specified opposite thereto in column (2) of that table and licences to drive vehicles of a class included in such a group shall authorise the holder to drive motor vehicles of a class included in that category in addition to motor vehicles of a class included in that group.
2
A person who before 1st June 1990 has passed or is regarded as having passed a test to drive motor vehicles of a class included in a group specified in column (1) of the table in this regulation shall also be regarded as having passed a test to drive motor vehicles of a class included in the category specified opposite thereto in column (2) of that table.
3
In this regulation “group” has the same meaning as it had in these Regulations before they were amended by the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990.
Table
(1) (2) Group Category
A B B B, limited to vehicles with automatic tramsmission C B1 D A E P F F G G H H J B1, limited to invalid carriages K K L L M Trolley vehicles used for the carriage of passengers, with more than 16 seats in addition to the driver’s seat N N.
Effect of change in classification on entitlement to drive large buses
34
1
A person who holds a licence to drive public service vehicles granted under section 22 of the 1981 Act, or who may drive such vehicles by virtue of paragraph 10 of Schedule 1 to the Road Traffic (Driver Licensing and Information Systems) Act 1989 , may also drive motor vehicles used for the carriage of passengers, with more than 16 seats in addition to the driver’s seat, other than for hire and reward.
2
A person who holds a licence on or after 1st June 1990 to drive vehicles in categories B and D1 and who held on 31st May 1990 a licence entitling him to drive vehicles of a class included in group A or B or was entitled on that date to drive such vehicles by virtue of section 88(1) of the Road Traffic Act 1988, may also drive motor vehicles used for the carriage of passengers, with more than 16 seats in addition to the driver’s seat, other than for hire and reward or for hire and reward only in the circumstances set out in section 46(1) of the 1981 Act or section 18 of the 1985 Act.
3
A person may drive, other than for hire and reward, and subject to the same conditions as if he were authorised by a provisional licence only, a motor vehicle used for the carriage of passengers, with more than 16 seats in addition to the driver’s seat if he holds a licence on or after 1st June 1990 to drive vehicles in categories B and D1 but did not hold a licence to drive vehicles of a class included in group A or B on 31st May 1990, or was not entitled to drive such vehicles by virtue of section 88(1) of the Road Traffic Act 1988, provided he has made an application for the grant of a licence under section 22 of the 1981 Act to drive a public service vehicle and that application has not been refused.
4
The provisions of section 98(2) of the Road Traffic Act 1988 shall not apply so far as to confer on a person who holds a full licence to drive motor vehicles of certain classes only, entitlement to drive a motor vehicle used for the carriage of passengers, with more than 16 seats in addition to the driver’s seat.
5
A person may not drive a vehicle by virtue of this regulation if he could not, by reason of the provisions of section 101 of the Road Traffic Act 1988, lawfully hold a licence to drive such a vehicle.
6
In this regulation “group” has the same meaning as it had in these Regulations before they were amended by the Motor Vehicles (Driving Licences) (Amendment) Regulations 1990.
Effect of change in classification on entitlement to drive heavy goods vehicles to which Part IV of the Road Traffic Act 1988 does not apply
35
The holder of a licence to drive vehicles in categories B and C1 may also drive a heavy goods vehicle of any of the classes listed in regulation 29 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 .
.
12
There shall be substituted for Schedule 3, Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Transport.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
28th March 1990
We approve the amount of the fees prescribed in these Regulations
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 1990


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 14) Order 1990.
2
Paragraph 39 (expenses of local inquiries) and paragraph 40 (orders as to expenses of parties where no local inquiry held) in Schedule 11 to the Housing and Planning Act 1986 shall come into force on 31st March 1990.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
6th March 1990


text:
PART I
TITLE, COMMENCEMENT AND INTERPRETATION
Title, commencement and interpretation
1
1
This Order may be cited as the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 and shall come into force on 1st January 1991.
2
Unless the context otherwise requires, any reference in this Order to a Schedule shall be construed as a reference to a Schedule to this Order.
PART II
MODIFICATIONS RELATING TO “THE ACT”, “FOOD” AND “FOOD AUTHORITY”
Definition of “ the Act ”
2
1
In the provisions of the Regulations specified in column 3 of Part I of Schedule 1 for the definition of “the Act” there shall be substituted the following definition —
“the Act” means the Food Safety Act 1990;
.
2
In the provisions of the Regulations specified in column 3 of Part II of Schedule 1 there shall be inserted at the appropriate place the following definition —
“the Act” means the Food Safety Act 1990;
.
3
In the Regulations specified in Part II of Schedule 1 for the words “the Food and Drugs Act 1955” and the words “the Food Act 1984”, in each place where they occur, there shall be substituted the words “the Act”.
Definition of “food”
3
In regulation 2(1) of each of the Regulations specified in Schedule 2 the definition of “food” shall cease to have effect.
Definition of “food authority”
4
1
In regulation 2(1) of each of the Regulations specified in Part I of Schedule 3 the definition of “food and drugs authority” shall cease to have effect.
2
In the Regulations specified in Parts I and II of Schedule 3 for the words “food and drugs authority” in each place where they occur there shall be substituted the words “food authority”.
3
In regulation 2(1) of each of the Regulations specified in Part I of Schedule 3, and in the provisions of the Regulations specified in column 3 of Part II of Schedule 3, there shall be inserted, at the appropriate place, the following definition —
“food authority” means —
in England, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
in Wales, the county council;
.
4
In regulation 2(1) of each of the Regulations specified in Part I of Schedule 4 the definition of “local authority” shall cease to have effect.
5
For the words “local authority” in each place where they occur in the Regulations specified in Parts I and II of Schedule 4 there shall be substituted the words “food authority”.
6
In regulation 2(1) of each of the Regulations specified in Part I of Schedule 4, and in the provisions of the Regulations specified in column 3 of Part II of Schedule 4, there shall be inserted, at the appropriate place, the following definition —
“food authority” means —
as respects any district or London borough, the council of the district or borough;
as respects the City of London, the Common Council;
as respects the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer respectively;
.
PART III
APPLICATION OF PROVISIONS OF THE ACT
Application of sections of the Food Safety Act
5
1
After regulation 2 of the Regulations specified in Schedule 5 there shall be inserted the following regulation —
Application of sections 2, 3, 20, 21, 30(8), 33, 36 and 44 of the Act
2A
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumption that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
.
2
The provisions of the Regulations (if any) specified in column 3 of Schedule 5 shall cease to have effect.
3
After regulation 2 of the Regulations specified in Schedule 6 there shall be inserted the following regulation —
Application of sections 2, 3, 20, 21, 22, 30(8), 33, 36 and 44 of the Act
2A
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of “sale” etc.);
section 3 (presumption that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 22 (defence of publication in the course of business);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
.
4
The provisions of the Regulations specified in column 3 of Schedule 6 shall cease to have effect.
Application of other provisions
6
1
For the provisions of the Regulations specified in column 3 of Schedule 7 there shall be substituted the following regulation bearing the same number —
Condemnation of food
Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell or import that food may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
.
2
For the provisions of the Regulations specified in column 3 of Schedule 8 there shall be substituted the following provision bearing the same number —
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
section 20 (offences due to fault of another person);
section 21 (defence of due diligence); and
section 44 (protection of officers acting in good faith).
.
3
For the provisions of the Regulations specified in column 3 of Schedule 9 there shall be substituted the following paragraph bearing the same number —
Where a food authority has refused to issue, or has withdrawn, a certificate the person aggrieved may carry on that business until the time to appeal has expired and, if an appeal is lodged, until the appeal is finally disposed of.
.
Time limits for prosecutions
7
To the provisions of the Regulations specified in column 3 of Schedule 10 there shall be added at the end the following paragraph numbered sequentially —
No prosecution for an offence under these Regulations which is triable either summarily or on indictment shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor, whichever is the earlier.
.
PART IV
MODIFICATIONS RELATING TO IMPORTS
Consequential modifications to the Imported Food Regulations 1984
8
1
The Imported Food Regulations 1984 shall have effect subject to the following amendments.
2
In regulation 2 in the definition of “authorised officer” the words after “enforcing authority” to the end of that definition shall cease to have effect.
3
In regulations 4(6) and 5(5) in the definition of “receiving authority” paragraph (a) shall cease to have effect and for paragraph (b) there shall be substituted the following paragraph —
b
where that place is in England, Wales or Scotland, a food authority;
.
4
In regulation 6(1)(a) for the words “section 1(1)” there shall be substituted the words “section 7(1)”.
5
For regulation 7(2) of those Regulations there shall be substituted the following paragraph —
2
If on such examination being made it appears to an authorised officer that the food is being or has been imported in contravention of regulation 6, that food may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
.
6
In regulation 8 of those Regulations for the words “section 78” there shall be substituted the words “section 29”, for the words “section 79” there shall be substituted the words “section 30” and the words “food and drugs” shall cease to have effect.
7
For regulation 23 of those Regulations there shall be substituted the following regulation —
Compensation
23
Any disputed question as to the right or amount of any compensation payable under these Regulations shall be determined by arbitration.
.
PART V
MODIFICATIONS RELATING TO MEAT
Consequential modifications to the Poultry Meat (Water Content) Regulations 1984
9
1
The Poultry Meat (Water Content) Regulations 1984 shall have effect subject to the following amendments.
2
In regulation 2, at the appropriate place, there shall be inserted the following definition —
“local authority” means —
as respects any district or London borough, the council of the district or borough;
as respects the City of London, the Common Council;
as respects the Inner Temple and the Middle Temple, the Sub-Treasurer and Under Treasurer respectively;
.
3
In regulation 4(1)(e) for the words “section 92(1) of the Food and Drugs Act 1955” there shall be substituted the words “section 30(1) of the Act”.
4
In regulation 8(4) for the words from “Section 93” to “analysis)” there shall be substituted the words “Section 30 of the Act (which contains provisions as to samples taken for analysis), and Regulations made under section 31 of that Act.”.
Consequential modifications to the Meat and Meat Products (Hormonal Substances) Regulations 1989
10
1
The Meat and Meat Products (Hormonal Substances) Regulations 1989 shall have effect subject to the following amendments.
2
In regulation 2(1) —
a
the definition of “the Food Act” shall cease to have effect;
b
there shall be inserted at the appropriate place the following definition —
“the Act” means the Food Safety Act 1990;
;
c
in the definition of “human consumption” for the words “section 132” there shall be substituted the words “section 53(1)”;
d
in the definition of “slaughterhouse” for the words “section 132” there shall be substituted the words “section 53(1)”.
3
For the words “the Food Act”, in each place where they occur, there shall be substituted the words “the Act”.
4
In regulations 4(4), 15(1) and 17(9) for the words “section 9(1)(b)” there shall be substituted the words “section 9(3)(b)”.
5
In regulations 4(5), 15(2) and 17(10) for the words “section 9(2) and (3)” there shall be substituted the words “section 9(5) and (6)”.
6
In regulations 4(4), (5), 15(1), (2) and 17(9) and (10) for the words “unfit for human consumption”, wherever they occur, there shall be substituted the words “failing to comply with food safety requirements”.
7
In regulation 5(1) for the words “a sampling officer by section 78(2) and (3)” there shall be substituted the words “an authorised officer of an enforcement authority by section 29”.
8
In regulation 5(3) for the words “section 78” there shall be substituted the words “section 29”.
9
After regulation 14 there shall be inserted the following provision —
Compensation
14A
Any disputed question as to the right or amount of any compensation payable under these Regulations shall be determined by arbitration.
.
PART VI
MODIFICATIONS RELATING TO MILK
Consequential modifications to the Milk and Dairies (General) Regulations 1959
11
1
The Milk and Dairies (General) Regulations 1959 shall have effect subject to the following amendments.
2
In regulation 2(1) there shall be inserted at the appropriate place the following definition —
“cream” means that part of the milk rich in fat which has been separated by skimming or otherwise;
.
3
After regulation 2(2) there shall be inserted the following paragraph —
3
The provisions of these Regulations which apply in relation to cream, other than provisions relating to the registration of dairymen and dairies, shall also apply in relation to reconstituted cream, that is, a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except —
a
water, or
b
ingredients (not added fraudulently to increase bulk, weight or measure, or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream.
.
4
In regulation 3 after the word “regulations” where it first appears, there shall be inserted the words “10A,”.
5
After regulation 3 there shall be inserted the following regulation —
3A
It shall be the duty of the Ministers to enforce these Regulations except as provided in regulation 3 above.
.
6
In regulation 5, paragraph (2) shall cease to have effect.
7
In regulation 8(3) for the words “Part I of the Second Schedule to the Food and Drugs Act 1955” there shall be substituted the words “Part III of the Schedule”.
8
After regulation 10 there shall be inserted the following regulation —
Sale of milk from diseased cows
10A
1
A person is guilty of an offence who —
a
sells, or offers or exposes for sale, for human consumption, or
b
uses in the manufacture of products for sale for human consumption,
the milk of any cow which he knows or suspects is affected with tuberculosis of the udder or is giving tuberculous milk, or is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis or any other disease of cows to which this regulation applies.
2
In proceedings under this regulation, the defendant shall be deemed to have known that a cow had given tuberculous milk, or was suffering as mentioned above, if he could with ordinary care have ascertained the fact.
3
The diseases of cows to which this regulation applies are —
Acute Mastitis
Actinomycosis of the udder
Suppuration of the udder
Any infection of the udder or teats which is likely to convey disease
Any comatose condition
Any septic condition of the uterus
Anthrax
Foot-and-mouth.
.
9
For paragraph (7) of regulation 20 there shall be substituted the following paragraph —
7
Any disputed question as to the right or amount of any compensation payable under these Regulations shall be determined by arbitration.
.
10
In the Schedule, for the title to Part I there shall be substituted the following title —
“Constitution of Tribunals”.
11
In the Schedule after paragraph 12 there shall be added the following Part —
PART III
REGISTRATION OF DAIRYMEN UNDER REGULATION 8
1
If it appears to an authority by whom dairymen are registered in pursuance of Milk and Dairies Regulations, other than the Minister, that the public health is, or is likely to be, endangered by any act or default of a person who has applied to be, or, is so registered by the authority, being an act or default, committed whether within or without the authority’s district, in relation to the quality, storage or distribution of milk, they may serve on him a notice —
a
stating the place and time, not being less than 21 days after the date of the service of the notice, at which they propose to take the matter into consideration; and
b
informing him that he may attend before them, with any witnesses whom he desires to call, at the place and time mentioned, to show cause why they should not, for reasons specified in the notice, refuse to register him or cancel his registration, as the case may be, either generally or in respect of any specified premises.
2
A person entitled under paragraph 1 of this Part to appear before any authority —
a
may appear in person or by counsel or a solicitor or any other representative; or
b
may be accompanied by any person he may wish to assist him in the proceedings.
3
If a person on whom a notice is served under paragraph 1 of this Part fails to show cause to the authority’s satisfaction, they may refuse to register him or may cancel his registration, as the case may be, and —
a
shall forthwith give notice to him of their decision in the matter; and
b
shall, if so required by him within 14 days from the date of their decision, give to him within 48 hours after receiving the requirement, a statement of the grounds of the decision.
4
A person aggrieved by the decision of an authority under this Part to refuse to register him, or to cancel his registration, may appeal to a magistrates' court.
5
The court before whom a person registered as a dairyman otherwise than by the Minister is convicted of an offence under any of the provisions of these Regulations, or under any other Milk and Dairies Regulations, may, in addition to any other punishment, cancel his registration as such.
6
An authority other than the Minister may require a person who applies to them for registration as a dairyman to give to them, before his application is considered, information as to whether he is, or has been, registered as a dairyman, whether by them or the Minister or some other authority, and if an applicant who is so required gives to the authority any information which is false in any material respect, he is guilty of an offence.
7
Where under this Part a person’s application for registration is refused, or his registration is cancelled, he shall not be liable for any breach of contract for the purchase of further supplies of milk from any person, if the refusal or cancellation was due to the quality of the milk supplied by that person.
.
Consequential modifications to the Milk and Dairies (Heat Treatment of Cream) Regulations 1983
12
1
The Milk and Dairies (Heat Treatment of Cream) Regulations 1983 shall have effect subject to the following amendments.
2
For the definition of “cream” in regulation 2(1) there shall be substituted the following definition —
“cream” means that part of cows' milk rich in fat which has been separated by skimming or otherwise and includes —
such cream to which permitted ingredients have been added, and
reconstituted cream, that is, a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except —
water, or
ingredients (not added fraudulently to increase bulk, weight or measure or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream.
.
3
In regulation 7(2) the words “(subject to the proviso at the end of section 87(3) of the Act)” shall cease to have effect.
4
Regulation 7(3) shall cease to have effect.
Consequential modifications to the Milk (Special Designation) Regulations 1989
13
1
The Milk (Special Designation) Regulations 1989 shall have effect subject to the following amendments.
2
In regulation 2(1) —
a
there shall be inserted at the appropriate place the following definition —
“catering sale” means a sale of milk, or of things made from milk or of which milk is an ingredient, as, or as part of, a meal or refreshments; and “caterer” means a person who carries on a business which consists of or comprises making such sales;
;
b
in the definition of “licence held by a retailer for a specified area” for the words “Part II of the Act” there shall be substituted the words “regulation 2B”; and
c
the definition of “specified area” shall cease to have effect.
3
After regulation 2 there shall be inserted the following Part —
PART IA
GENERAL PROVISIONS AS TO SPECIAL DESIGNATIONS
Restrictions on the use of special designations
2A
1
Subject to paragraph (2) below, no person shall, for the purpose of the sale or advertisement of any milk, use a special designation in any manner calculated to suggest that it refers to that milk, unless he holds a licence authorising the use of that designation in connection with that milk.
2
For the purpose of a sale or advertisement of milk as, or as part of, a meal or refreshments, a special designation may be used by a person who does not hold a licence authorising the use of that designation in connection with the milk if —
a
the milk is milk bought by him; and
b
that designation was used for the purpose of the sale of milk to him.
3
No person shall, for the purpose of the sale or advertisement of any milk, refer to that milk by any such description, not being a special designation, as is calculated falsely to suggest —
a
that there is in force a licence authorising the use of a special designation in connection with that milk; or
b
that the milk is tested, approved or graded by any competent person; or
c
that the cows from which the milk is derived are free from the infection of tuberculosis or of any other disease.
4
In any proceedings taken under paragraph (3) above it rests on the person charged to prove the truth of any suggestion which in the court’s opinion, his acts or conduct, as proved by the prosecution, are or is calculated to convey.
5
Where there has been a breach of a condition subject to which a licence authorising the use of a special designation is granted, but the licence has not been revoked or suspended, the breach shall not be treated as rendering the use of the designation unauthorised for any of the purposes of these Regulations.
Restrictions on the sale of milk
2B
1
Subject to paragraph (2) below, no person shall sell milk either to a caterer or by retail for human consumption unless he uses a special designation in accordance with these Regulations.
2
Paragraph (1) above shall not apply to —
a
a sale by a producer of milk from cows to persons —
i
employed by him in or in connection with such production, or
ii
employed by him otherwise in agriculture, if he does not engage in any other selling of milk;
b
a sale by a caterer if either —
i
he holds a licence authorising him to use a special designation, or
ii
he bought the milk under a sale for the purpose of which a special designation was used;
c
a sale to a caterer if the caterer holds a licence authorising him to use the special designation appropriate to that milk;
d
a sale to a caterer who buys the milk with a view to subjecting it to a process to which milk is required to be subjected as a condition of the use of a special designation in connection with it, and he is the holder of a licence authorising him to use that designation;
e
a sale to a caterer who buys the milk for the purposes of a business of his as a milk dealer or a manufacturer of milk products other than his business as a caterer;
f
sale to a caterer where the seller has reasonable cause to believe that the buyer was either not a caterer, or that, if he knows he is a caterer, the conditions in subparagraphs (d) or (e) above are fulfilled;
g
a sale made with the consent of the Ministers;
h
a sale by a caterer of milk sold to the caterer under a consent given by the Ministers.
3
The Ministers may give such consent for the purposes of paragraph (2) above —
a
either generally as respects selling milk in a defined area or restricted to a particular retailer or establishment or otherwise, and
b
either unconditionally or subject to conditions,
as may appear to them to be requisite to meet any circumstance in which the use of a special designation appears to them to be for the time being not reasonably practicable.
Breach of retailer’s licence
2C
1
In the event of a breach of any condition to which this regulation applies of a licence held by a retailer, the holder of the licence shall be guilty of an offence subject to the following provisions.
2
A person shall not be guilty of an offence under this regulation if the act or omission concerned renders him liable to punishment imposed by or under any enactment other than this regulation.
3
A person shall not be guilty of an offence under this regulation unless the breach of condition was the later, or a later, of two or more such breaches, occurring within a period of 12 months, of conditions either of that licence or of that licence and a former licence by way of renewal of which that licence was granted, and was committed either —
a
after the licensing authority had given him notice in writing as to an earlier of those two or more breaches informing him of his being alleged to have committed it, and warning him of the liability to prosecution imposed by this regulation; or
b
after he had been convicted of an offence under this regulation because of an earlier of those two or more breaches.
4
In any prosecution under this regulation, it is a defence for the holder of the licence to prove (either as to the breach for which he is being prosecuted or as to the earlier breach relied on for the purposes of paragraph (3) above, unless it is one under which he has been convicted of such an offence) —
a
that neither he nor any servant or agent of his —
i
did or knew of the doing of, any act that constituted the breach or can reasonably be regarded as having been the cause or among the causes of it, or
ii
omitted to do, or knew of the omission to do, any act the omission of which constituted the breach, or the doing of which can reasonably be regarded as a precaution that would have prevented it; and
b
if the breach was in connection with milk that had been sold to him, or had been delivered to him after being subjected to a process to which it was required to be subjected as a condition of the use of the special designation to which his licence related, that that designation —
i
was used for the purpose of the sale to him or in connection with the delivery to him, as the case may be, and
ii
was so used without any breach, discoverable by the exercise of reasonable diligence on the part of himself or any servant or agent of his, of any condition, relating to receptacles, to closing, to fastening or to marking, of a licence to use that designation held by the person who sold the milk to him or subjected it to the process, as the case may be.
5
This regulation applies to the following conditions:
a
the examination or testing of animals, the inoculation of animals, the keeping of any animal or herd away from other animals, or other measure for detecting the existence of disease in animals or preventing the contracting or spread of it;
b
the marking, or keeping of records, of any animals, or other measures for their identification;
c
the subjection of milk to any process of heat-treatment, or to any cooling or other process, requirements in connection with the subjection of milk to such a process or as to the temperature or other conditions under which it is to be kept afterwards, or the recording or retention of evidence of the observance of such requirements;
d
satisfaction of a test of milk, being a test related to the subjection of milk to such a process as is mentioned above or to the observance of any such requirements as are mentioned above;
e
measures for securing that milk produced, or subjected to a process, as required by any condition is kept away from, and free from admixture with, other milk not so produced or subjected or other things, or is not subjected to some specified process;
f
he manner in which milk produced, or subjected to any process, in accordance with any conditions is to be dealt with or kept as respects the receptacles in which it is to be put or to remain, the closing or fastening of receptacles, or the marking of receptacles, or of things by which they are closed or fastened;
g
the manner of describing milk produced, or subjected to any process, in accordance with any conditions;
h
the making or keeping of records of milk produced, bought, subjected to any process, or sold.
Adulteration
2D
1
A person is guilty of an offence —
a
who adds any water or colouring matter, or any dried or condensed milk or liquid reconstituted from it, to milk intended for sale for human consumption; or
b
who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, for human consumption, any milk to which any addition has been made in contravention of sub-paragraph (a) above.
2
For the purposes of paragraph (1)(b) above, a person shall be deemed to retain the possession of milk which is deposited in any place for collection until it is actually collected.
3
The treatment of milk by the application of steam shall not be treated for the purposes of this regulation as the making of an addition of water to that milk if it is done in accordance with Schedule 4.
.
4
In regulations 2(1), 9(1) and (2), 10(1), (4) and (6), 16(1) and (2), and 17(1), (2)(f), (3) and (5)(c) the words “for a specified area” shall cease to have effect, and in regulation 21(1) the words “for specified areas” shall cease to have effect.
5
In regulation 9(1), 10(1), 16(1), 17(1) and 21(1) for the words “section 45 of the Act” there shall be substituted the words “regulation 2C”, and in regulations 9(1) and 16(1) for the words “section 45” there shall be substituted the words “regulation 2C”.
6
In regulation 9(1)(b) and 16(1)(b), for the words “that section” there shall be substituted the words “that regulation”.
7
In regulations 9(1)(b) and 16(1)(b) for the words “section 39, 40 or 41 of the Act” there shall be substituted the words “regulation 2A or 2B”.
8
Paragraph (3) of regulation 12, paragraph (3) of regulation 14 and paragraph (2) of regulation 21 shall each cease to have effect.
9
In regulation 21 after paragraph (1) there shall be inserted the following paragraphs —
1A
The provisions of regulations 2A (except in so far as it applies to anything done in relation to raw milk by the producer of the milk), 2B and 2D shall be enforced —
a
in any metropolitan district or London borough by the council of that district or borough;
b
in any non-metropolitan county, by the council of that county;
c
in the City of London (including the Temples) by the Common Council.
1B
The provisions of Regulations 2A (except as enforced under paragraph (1A) above) and 2C (except as enforced under paragraph (1) above) shall be enforced by the Ministers.
.
10
After regulation 21 there shall be inserted the following Regulations —
Penalties
21A
A person guilty of an offence under these Regulations is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine or imprisonment for a term not exceeding two years or to both.
Time limits for prosecutions
21B
No prosecution for an offence under these Regulations shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor, whichever is the earlier.
Application of provisions of the Food Safety Act 1990
21C
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended definition of “sale” etc.);
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 22 (defence of publication in the course of business);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
.
Consequential modifications to the Milk and Milk Products (Protection of Designations) Regulations 1990
14
1
The Milk and Milk Products (Protection of Designations) Regulations 1990 shall have effect subject to the following amendments.
2
After regulation 1 there shall be inserted the following regulation —
Interpretation
1A
In these Regulations —
“the Act” means the Food Safety Act 1990;
“food authority” means —
in England, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
in Wales, the county councils.
.
3
In regulation 2(2) for the words “food and drugs authority” there shall be substituted the words “food authority”.
Consequential modifications to the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990
15
1
The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990 shall have effect subject to the following amendments.
2
In regulation 2(1), in the definition of “served” for the words “section 125” there shall be substituted the words “section 50”; and
3
In regulation 3(3)(c) for the words “section 42 of the Act” there shall be substituted the words “regulation 2B of the Milk (Special Designation) Regulations 1989”.
Miscellaneous modifications and revocations of provisions relating to milk
16
1
In the Milk and Dairies (Channel Islands and South Devon Milk) Regulations 1956 in regulation 2(1), in the definition of “specified description”, the words from “(being in each case” to the end of that definition shall cease to have effect.
2
In the Drinking Milk Regulations 1976 regulation 9 shall cease to have effect.
3
In the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 paragraph (3) of regulation 10 shall cease to have effect.
4
In paragraph 3(a) of Schedule 3 to the Importation of Milk Regulations 1988 for the words “sections 38 to 47 of the Food Act 1984 (which relate to special designations)” there shall be substituted the words “the Milk (Special Designation) Regulations 1989”.
PART VII
MODIFICATIONS TO PORT HEALTH AUTHORITY ORDERS
Port Health Authority Orders
17
1
In the Schedule to each of the Port Health Authority Orders specified in Schedule 11 any reference to the Food and Drugs Act 1955, the Importation of Milk Act 1983 or the Food Act 1984 shall cease to have effect.
2
After the provisions of the Orders specified in column 3 of Schedule 11 there shall be inserted the following paragraph numbered sequentially —
“There are hereby assigned to the port health authority constituted by this Order the functions, rights and liabilities of a food authority under the Food Safety Act 1990 so far as they are applicable to a port health authority.”.
PART VIII
MISCELLANEOUS MODIFICATIONS AND REVOCATIONS
Miscellaneous consequential modifications
18
1
In the Public Health (Shell-fish) Regulations 1934 —
a
in regulation 2(2) for the definition of “local authority” there shall be substituted the following definition —
“food authority” means a port health authority, the Common Council of the City of London, the council of a metropolitan district, the council of a London borough and the council of a district;
;
b
for the words “port sanitary authority” in each place where they occur there shall be substituted the words “port health authority”; and
c
for the words “local authority” in each place where they occur there shall be substituted the words “food authority”.
2
In the Ice-Cream (Heat Treatment, etc.) Regulations 1959 in regulation 2(1) for the definition of “home-going ship” there shall be substituted the following definition —
“home-going ship” means a ship plying exclusively in inland waters, or engaged exclusively in coastal excursions; and for the purpose of this definition “inland waters” means any canal, river, lake, navigation or estuary, and “coastal excursion” means an excursion lasting not more than one day which starts and ends in Great Britain and does not involve calling at any place outside Great Britain;
.
3
In the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 for regulation 24(1)(c)(ii) there shall be substituted the following provision —
ii
provided for use by persons employed at premises occupied by the Crown, or
.
4
In the Food Hygiene (General) Regulations 1970 in regulation 8(2) for the words “under section 16 of the Act” there shall be substituted the words “with a food authority”.
5
In the Poultry Meat (Hygiene) Regulations 1976 in regulation 2(1) in the definition of “inspector” for the words “section 86(4) of the Act and the Authorised Officers (Meat Inspection) Regulations 1974 as amended” there shall be substituted the words “section 5(6) of the Act and the Authorised Officers (Meat Inspection) Regulations 1987”.
6
In the Condensed Milk and Dried Milk Regulations 1977 and in the Caseins and Caseinates Regulations 1985 for paragraphs (a) and (b) of regulations 9A and 6A respectively, there shall be substituted the following words —
“the powers of an authorised officer of an enforcement authority under section 29 of the Act and the duties of such an officer under any Regulations made under the Act.”.
7
In the Slaughterhouses (Hygiene) Regulations 1977 in regulation 2(1) in the definition of “authorised officer” for the words “section 86 of the Food and Drugs Act 1955” there shall be substituted the words “section 5(6) of the Act”.
8
In the Authorised Officers (Meat Inspection) Regulations 1987 in regulation 2 for the words “Pursuant to section 73(2) of the Food Act 1984 any officer of a council” there shall be substituted the words “Pursuant to section 5(6) of the Food Safety Act 1990 any officer of a food authority”.
9
In the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 in regulation 2(1) in the definition of “inspector” for the words “section 73 of the Act” there shall be substituted the words “section 5(6) of the Act”.
10
In the Preservatives in Food Regulations 1989 in regulation 8(1) the words after “such substance present” to the end shall cease to have effect and there shall be substituted the following —
“the power of an authorised officer of an enforcement authority under section 29 of the Act to procure samples and the duties of such an officer under any Regulations made under the Act shall be exercised in accordance with Part I of Schedule 4.”.
11
In the Spirit Drinks Regulations 1990 in regulation 4(1) for the word “council” in each place where it occurs there shall be substituted the words “food authority or port health authority”.
12
In the Tryptophan in Food Regulations 1990 in regulation 5 for the words “food and drugs authority” there shall be substituted the words “drugs authority”.
Miscellaneous revocations
19
1
The provisions of the Regulations specified in column 3 of Schedule 12 are revoked.
2
The Food and Drugs (Legal Proceedings) Regulations 1962 are revoked.
3
In the London Authorities (Miscellaneous Health Provisions) Order 1965 article 3 shall cease to have effect.
4
In the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 in regulation 12(1)(c) the words “section 4 of” shall cease to have effect.
5
In Schedule 2 to the Ice-Cream Regulations 1967 the words “The Food and Drugs (Legal Proceedings) Regulations 1962” in column 1 and the relative words in columns 2 and 3 shall cease to have effect.
6
In the Food Hygiene (General) Regulations 1970 —
a
in regulation 27(1)(c) the words “section 4 of” shall cease to have effect; and
b
regulation 35 shall cease to have effect.
7
In Schedule 2 to the Slaughterhouses (Hygiene) Regulations 1977 the words “The Food and Drugs (Legal Proceedings) Regulations 1962” in column 1 and the relative words in columns 2 and 3 of that Schedule shall cease to have effect.
8
In Schedule 2 to the Lead in Food Regulations 1979 the words “The Food and Drugs (Legal Proceedings) Regulations 1962” in column 1 and the relative words in columns 2 and 3 of that Schedule shall cease to have effect.
9
In the National Health Service (Food Premises) Regulations 1987 in regulation 1(2) the definition of “the food legislation” shall cease to have effect.
10
In the Preserved Sardines (Marketing Standards) Regulations 1990 regulation 4 shall cease to have effect.
PART IX
APPLICATION OF THE FOOD SAFETY ACT 1990 TO THE ISLES OF SCILLY
Application of the Food Safety Act to the Isles of Scilly
20
1
The Food Safety Act 1990 shall apply to the Isles of Scilly subject to the modification that in section 5(1) of that Act after paragraph (c) there shall be inserted the following paragraph —
as respects the Isles of Scilly, the Council of the Isles of Scilly.
.
2
In the Isles of Scilly (Functions) Order 1979 in article 3 —
a
in paragraph (a) for the words “the Food and Drugs Act 1955” there shall be substituted the words “the Food Safety Act 1990”;
b
in paragraph (c) for the words “as food and drugs authorities by the Food and Drugs Act 1955” there shall be substituted the words “by the Food Safety Act 1990”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Land Registration (Charges) Rules 1990 and shall come into force on 1st May 1991.
2
In these Rules:
a
“the principal rules” means the Land Registration Rules 1925 ;
b
a rule referred to by number means the rule so numbered in the principal rules.
New rule 139
2
The following rule shall be substituted for rule 139:
Charges and incorporated documents
139
1
In this rule “incorporated document” means any separate document containing provisions intended by the parties to a charge on registered land to form part of the terms and conditions of the charge, which separate document is referred to in the charge, or in another incorporated document within the meaning hereof.
2
A charge on registered land may be made by an instrument in Form 45 and a copy of the instrument of charge shall be delivered with it.
3
Where a charge on registered land is not in Form 45 the requirement to deliver a copy of the instrument of charge extends to any incorporated document.
4
The requirement in paragraph (3) to deliver an incorporated document shall be deemed to have been fulfilled if:
a
in the case where the incorporated document is in a standard form which the Registrar has approved for the purpose of this paragraph, the charge refers to the incorporated document by means of a description approved by the Registrar;
b
in the case of an incorporated document of a type approved by the Registrar, an undertaking has previously been given to the Registrar by the proprietor or intending proprietor of a charge (which undertaking has not been withdrawn) to deliver a copy of the terms of any particular incorporated document of that type when the Registrar so directs;
c
in the case of a particular incorporated document, the Registrar accepts or has accepted an undertaking by the proprietor or intending proprietor of a charge to deliver a copy of the terms of that incorporated document when the Registrar so directs.
5
Application for the approval of the Registrar for the purposes of paragraph (4) may be made to the Registrar at any time and any approval given by the Registrar under that paragraph may be:
a
given subject to such conditions as he sees fit;
b
modified or withdrawn by the Registrar at any time, but, in the case of approval given under paragraph (4) (a), not so as to impose on any person obligation to lodge the incorporated document in any case where the charge has already been registered.
6
An undertaking given to the Registrar pursuant to paragraph (4) (b) may be withdrawn by the person who has given it upon his delivering to the Registrar notice in writing identifying the relevant undertaking and specifying a date upon which the withdrawal is to be treated as coming into effect (being a date at least 14 days after the date upon which the notice is delivered to the Registrar) and thereupon the person who has given the undertaking shall be treated as having been discharged from it but only in respect of incorporated documents of the type to which the undertaking relates which are incorporated into charges lodged for registration after the date specified in the notice.
7
In relation to any particular incorporated document a person who has given an undertaking pursuant to paragraph (4) (b) or paragraph (4) (c) or has already given an undertaking pursuant to sub-paragraph (b) of this paragraph shall be discharged from that undertaking:
a
upon his delivering to the Registrar a copy of the terms of the incorporated document; or
b
where some other person who the Registrar is satisfied is competent to do so gives an undertaking in the same terms in substitution for it; or
c
where the charge which incorporates the incorporated document has been wholly discharged.
8
In relation to any particular incorporated document any person who has, pursuant to paragraph (4) (b), paragraph (4) (c) or paragraph (7) (b), given an undertaking which has not been withdrawn under paragraph (6) or in respect of which the person has not been discharged under paragraph (7), shall comply with it by delivering to the Registrar a copy of the terms of the incorporated document when directed by the Registrar.
New rule 139A
3
1
The following rule shall be inserted immediately after rule 139:
Obligation to make further advances
139A
1
In this rule “incorporated document” has the same meaning as in Rule 139.
2
The proprietor or intending proprietor of a charge who, under the terms of that charge, is under an obligation to make further advances may apply to the Registrar for a note of such obligation to be entered on the register for the purposes of section 30(3) of the Act.
3
Except as provided in paragraph (4) below a separate application shall be made in Form 113.
4
If a proprietor or intending proprietor of a charge so desires the application in Form 113 may be included in the instrument of charge or a deed of alteration of a registered charge but not in any incorporated document.
5
The Registrar, on receipt of an application made under paragraph (3) or (4) above, shall give effect to it by adding a note to the entry of the charge in such terms as he considers appropriate, but he shall not be required to make any such note unless application is duly made in accordance with this rule.
2
Form 113 in the Schedule to these rules shall be added at the end of the Schedule to the principal rules.
New rule 151
4
The following rule shall be substituted for rule 151:
Discharge of a registered charge
151
A discharge wholly or in part of a registered charge shall be made by an instrument in Form 53 and shall:
a
where the proprietor of the charge is an individual, be signed by him;
b
where the proprietor of the charge is a company registered under the Companies Acts, be executed:
i
under seal in accordance with section 74(1) of the Law of Property Act 1925; or
ii
in accordance with section 36A of the Companies Act 1985; or
iii
otherwise in such manner as the Registrar is satisfied may be authorised under its articles of association;
c
where the proprietor of the charge is any other corporate body, either:
i
be executed under seal in accordance with section 74(1) of the Law of Property Act 1925; or
ii
be signed or executed by such person as the Registrar is satisfied has authority, under the instrument or statute constituting or regulating the affairs of the proprietor or otherwise, to bind the proprietor in the discharge of the charge;
but the Registrar shall be at liberty to accept and act upon any other proof of satisfaction of a charge which he may deem sufficient.
Revocation
5
Rule 152 is revoked.
Mackay of Clashfern, C.
Dated 19th December 1990


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) (No. 3) Regulations 1990 and shall come into force on 31st March 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Dairy Produce Quotas Regulations 1989 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
4
In regulation 2(1) —
a
in the definition of “appropriate date”, after the word “Schedule” there shall be inserted the words “9A and”;
b
in the definition of “wholesale development quota” the words “or paragraph 5 of Schedule 9 to the principal Regulations” shall be omitted.
5
In Schedule 8B —
a
in paragraph 1, after the word “producers” where it first occurs there shall be inserted the words “in respect of holdings in Scotland and Northern Ireland”;
b
for paragraph 4 there shall be substituted the following paragraph:
4
The amount of quota which may be awarded to a producer under paragraph 1 shall be limited to —
a
the amount by which on 1st April 1989 his wholesale development quota fell short of the amount which his determined amount would have been at that date had it been awarded to the producer at the time of the determination and reduced by the subsequent permanent cuts in quota, or
b
the amount, which would have increased the producer’s quota to 200,000 litres at the relevant date referred to in paragraph 1(b) had it been awarded then, reduced by the subsequent permanent cuts in quota,
whichever amount is less.
;
c
after paragraph 7 there shall be inserted the following paragraph:
8
For the purposes of this Schedule “determined amount” means the amount determined in respect of a producer by the further examination body, or by the Tribunal, in accordance with paragraphs 9(2) and 10(1), respectively, of Schedule 2 to the 1984 Regulations.
.
6
In Schedule 9 —
a
in paragraph 1, after the word “producers” there shall be inserted the words “in respect of holdings in Northern Ireland”; and
b
in paragraph 2, after the word “which” there shall be inserted the words “on 1st April 1989”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th March 1990.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
28th March 1990


text:
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 2) Order 1990.
2
Section 89(7), (8), (9), (11), (12) and (13) of the Environmental Protection Act 1990 shall come into force on 13th November 1990.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
12th November 1990


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990 and shall come into force on 3rd December 1990.
2
The Road Vehicles (Registration and Licensing) Regulations 1971 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to regulation 25 (vehicles used for special purposes)
3
In regulation 25(1) for “paragraphs (a), (c), (d) or (e) of section 4(1)” there shall be substituted “paragraphs (a), (c), (ca), (d) or (e) of section 4(1)”.
Amendment to regulation 26 (other exempt vehicles)
4
For regulation 26(1) there shall be substituted —
1
This regulation applies to mechanically propelled vehicles which are exempt from duty by or under section 4, 6, or 7(2), (3), (4) or (5) of the Act or section 7 of the Finance Act 1971 other than —
a
vehicles to which regulation 25 above applies;
b
invalid carriages complying with requirements prescribed under section 20 of the Chronically Sick and Disabled Persons Act 1970 ; and
c
vehicles exempt from duty by section 4(1)(ka) of the Act.
.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under-Secretary of State,
Department of Transport
1st November 1990


text:
Title and commencement
1
These Regulations may be cited as the Food (Control of Irradiation) Regulations 1990 and shall come into force —
a
for purposes relating to food other than poultry, on 1st January 1991, and
b
for purposes relating to poultry, on 13th February 1991.
Interpretation
2
1
In these Regulations, except where the context requires otherwise —
“ the Act ” means the Food Safety Act 1990;
“food” has the meaning which it has in section 16(5)(a) of the Act;
“ionising radiation” means any gamma rays, X rays or corpuscular radiations which are capable of producing ions either directly or indirectly other than —
those rays or corpuscular radiations —
which are emitted by measuring or inspection devices,
which are emitted at an energy level no higher than the appropriate maximum level, and
the dose of energy imparted by which does not exceed 0.5 Gy, and
those rays or corpuscular radiations applied in respect of food prepared under medical supervision for patients requiring sterile diets,
and for the purposes of this definition the appropriate maximum level is 10 MeV in the case of X rays and 5 MeV otherwise;
“irradiation licence” means a licence to subject food of a particular description to treatment by ionising radiation;
“licensing authority” means —
in relation to premises in England and Wales —
except in respect of the recovery of charges, the Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales acting jointly,
in respect of the recovery of charges relating to premises in England, the Minister of Agriculture, Fisheries and Food, and
in respect of the recovery of charges relating to premises in Wales, the Secretary of State for Wales, and
in relation to premises in Scotland, the Secretary of State for Scotland;
“official authorisation” means authorisation granted by a competent authority in a member State of the European Economic Community other than the United Kingdom to subject food of a particular description to treatment by ionising radiation in a particular plant;
“sell” includes possess, offer, expose and advertise for sale, and “sale” shall be construed accordingly.
2
For the purposes of these Regulations —
a
“properly irradiated food” means food —
i
which falls within one of the seven permitted descriptions of food,
ii
which, when subjected to treatment by ionising radiation, either was so subjected alone or was so subjected as part of a batch each item of food comprised in which was food which fell within the same permitted description of food, and
iii
which has not been over-irradiated,
and “proper irradiation” shall be construed accordingly;
b
food falls within one of the seven permitted descriptions of food when (excluding the weight of any added water) no less than 98 per cent of it by weight falls within that description, and “item”, in relation to a batch of food, means each item within that batch intended to be capable of being sold individually;
c
the seven permitted descriptions of food are —
i
fruit,
ii
vegetables,
iii
cereals,
iv
bulbs and tubers,
v
spices and condiments,
vi
fish and shellfish, and
vii
poultry;
d
in those seven permitted descriptions of food —
i
“fruit” includes fungi, tomatoes and rhubarb,
ii
“vegetables” excludes fruit, cereals, bulbs and tubers and spices and condiments but includes pulses,
iii
“cereals” has the meaning which it has in the Intervention Functions (Delegation) Regulations 1972 ;
iv
“bulbs and tubers” means potatoes, yams, onions, shallots and garlic,
v
“spices and condiments” means dried substances normally used for seasoning,
vi
“fish and shellfish” includes eels, crustaceans and molluscs, and
vii
“poultry” means domestic fowls, geese, ducks, guinea fowls, pigeons, quails and turkeys;
e
food has been over-irradiated when the overall average dose of ionising radiation absorbed by it, measured by the approved method of measurement, exceeds, in the case of food falling within the permitted description of —
i
fruit, 2 kGy,
ii
vegetables, 1 kGy,
iii
cereals, 1 kGy,
iv
bulbs and tubers, 0.2 kGy,
v
spices and condiments, 10 kGy,
vi
fish and shellfish, 3 kGy, or
vii
poultry, 7 kGy,
or when the maximum dose of ionising radiation absorbed by it, or by any food in a batch of which it forms part, is, when so measured, a dose of kGy higher than the lower of 3x and 1.5y where x is the minimum dose of kGy so absorbed when so measured and y is the overall average dose of kGy specified in the paragraph of this sub-paragraph relating to that permitted description; and
f
the approved method of measurement relating to food subjected to treatment by ionising radiation is the method of measuring doses of ionising radiation required by the irradiation licence or, as the case may be, official authorisation under which that food has been subjected to that treatment.
Prohibition on treatment without licence
3
1
No person shall in the preparation of any food for sale subject it or any part of it to treatment by ionising radiation unless —
a
he holds a current irradiation licence,
b
the food so subjected is food which he is authorised by that irradiation licence to subject to that treatment, and
c
that treatment is carried out in accordance with the conditions of that irradiation licence.
2
Each person who in the preparation of food for sale subjects it or any part of it to treatment by ionising radiation shall, on expiry of his irradiation licence, retain such records relating to that food as he is required by the licence to keep throughout its currency until five years have passed from the date of that treatment.
3
Schedule 1 below shall have effect in relation to the grant of irradiation licences by the licensing authority, the terms and conditions, variation, withdrawal, suspension and extension of those irradiation licences and publication and charges payable to the licensing authority relating to those matters and the specification of things done by the licensing authority in respect of which such charges are payable.
Restriction on importation
4
1
No person shall import into Great Britain for the purpose of sale any food which has been subjected to treatment by ionising radiation unless that food is properly irradiated food, is of a recognised appropriate origin and is accompanied by appropriate documentation.
2
Schedule 2 below shall have effect in relation to the recognition and withdrawal of recognition of appropriate origins and specification of appropriate documentation.
3
This regulation applies to food which has (as well as food which has not) become an ingredient of other food before importation.
Restriction on storage
5
1
No person shall store or transport for the purpose of sale any food which has been subjected to treatment by ionising radiation unless either he is the holder of the irradiation licence relating to that food or that food is stored or, as the case may be, transported in accordance with the requirements of Schedule 3 below.
2
This regulation applies to food which (as well as food which has not) become an ingredient of other food before storage or, as the case may be, transportation.
Restriction on sale
6
No person shall sell any food which or any part of which has been subjected to treatment by ionising radiation unless —
a
either —
i
that treatment took place in Great Britain in accordance with regulation 3 above and all requirements of the irradiation licence relating to that food have been observed, or
ii
that food was imported in circumstances in which compliance with regulation 4 above was observed, and
b
any storage or transportation of that food was carried out in circumstances in which compliance with regulation 5 above was observed.
Activities taking place in Northern Ireland
7
In relation to food which has been subjected to treatment by ionising radiation, compliance with any provision (corresponding to a provision of these Regulations) of legislation having effect in Northern Ireland which regulates the subjection to treatment by ionising radiation, importation, storage and transport of that food shall, in respect of any activity which took place in Northern Ireland, be treated for the purposes of these Regulations as if it were compliance with corresponding provision of these Regulations.
Defence in relation to exports
8
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food, in respect of which the offence is alleged to have been committed, was intended for export to another member State of the European Economic Community and that the food complied with that member State’s domestic food legislation relevant to the alleged offence; or
b
that the food, in respect of which the offence is alleged to have been committed, was intended for export to a country which is not a member of the European Economic Community for sale to the ultimate consumer within that country.
2
In this regulation “ultimate consumer” has the meaning which it has in the Food Labelling Regulations 1984 .
Penalties, enforcement and functions of licensing authority
9
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations or, for the purposes of these Regulations, makes any false statement or uses any document containing a false statement either recklessly or knowing it to be false, he shall be guilty of an offence and shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
If any person who holds an irradiation licence contravenes or fails to comply with any condition of that irradiation licence other than the condition required to be included by paragraph 17 of Part II of Schedule 1 below he shall be guilty of an offence and shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both; and
b
on conviction or indictment, to a fine or to imprisonment for a term not exceeding two years or both.
3
The licensing authority shall enforce the provisions of these Regulations in so far as they fall to be observed by the holder of a current irradiation licence and (without prejudice to any power conferred on it by the Act or these Regulations) shall, so far as is reasonably practicable, carry out regular inspections during the currency of an irradiation licence for the purpose of examining whether it should in relation to that irradiation licence exercise any power available to it under paragraphs 1 to 3 of Part IV of Schedule 1 below.
4
The licensing authority and each food authority within its area shall severally enforce the provisions of regulation 3 above in so far as they fall to be observed by any person other than the holder of a current irradiation licence.
5
Each food authority shall enforce within its area the provisions of these Regulations save in so far as they fall to be enforced under paragraph (3) or (4) above.
6
Each authority concerned in the administration of these Regulations shall give to each other authority so concerned such assistance and information as that other authority may reasonably require for the purpose of its duties under these Regulations.
7
In this regulation “food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
8
Where any charge under these Regulations or under an irradiation licence granted by the licensing authority falls to be paid to the licensing authority but remains outstanding, that charge shall be recoverable by the licensing authority as a civil debt.
Application of various provisions of the Food Safety Act 1990
10
1
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 36 (offences by bodies corporate);
i
section 44 (protection of officers acting in good faith);
j
section 58(1) (which relates to territorial waters).
2
Section 8(3) (which makes presumptions in the case of batches etc. of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
3
Section 9 (inspection and seizure of suspected food) of the Act shall apply for the purposes of these Regulations as if food which it were an offence to sell under them were food which failed to comply with food safety requirements.
4
Section 34 (which relates to time limits for the beginning of prosecutions) of the Act shall apply in relation to offences under these Regulations as it applies to offences punishable under section 35(2) of the Act.
Revocation of existing regulations
11
1
The Food (Control of Irradiation) Regulations 1967 and the Food (Control of Irradiation) (Amendment) Regulations 1972 are hereby revoked.
2
The Food (Control of Irradiation) (Scotland) Regulations 1967 and the Food (Control of Irradiation) (Scotland) (Amendment) Regulations 1972 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
10th December 1990