Office of Public Sector Information
(1) A person who—
(a) intentionally obstructs a person exercising powers under section 14(4)(a), (b) or (c);
(b) fails without reasonable excuse to comply with any requirement imposed under section 13(1) or section 14(4)(d); or
(c) in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular;
is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) Arrangements may be made between the Secretary of State and the Agency authorising the Agency to exercise on behalf of the Secretary of State the power to make orders under—
(a) section 1(1) of the [1985 c. 48.] Food and Environment Protection Act 1985 (emergency orders); and
(b) section 13(1) of the 1990 Act (emergency control orders).
(2) The authority given by any such arrangements is subject to any limitations and conditions provided for in the arrangements.
(3) Where by virtue of any such arrangements the Agency is authorised to exercise a power, anything done or omitted to be done by the Agency in the exercise or purported exercise of the power shall be treated as done or omitted by the Secretary of State.
(4) Nothing in any such arrangements prevents the Secretary of State exercising any power.
(5) This section applies with the necessary modifications—
(a) to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales or the Scottish Ministers, and
(b) to the power of a Northern Ireland Department to make orders under section 1(1) of the [1985 c. 48.] Food and Environment Protection Act 1985 or Article 12(1) of the 1991 Order,
as it applies to a power exercisable by the Secretary of State.
(1) Schedule 3 (which contains provisions conferring functions under certain enactments on the Agency) has effect.
(2) Any amendment made by Schedule 3 which extends to Scotland is to be taken as a pre-commencement enactment for the purposes of the [1998 c. 46.] Scotland Act 1998.
(1) The Agency may, subject to the following provisions of this section, publish in such manner as it thinks fit—
(a) any advice given under section 6, 7 or 9 (including advice given in pursuance of a request under section 6(2));
(b) any information obtained through observations under section 10 or monitoring under section 12; and
(c) any other information in its possession (whatever its source).
(2) The exercise of that power is subject to the requirements of the [1998 c. 29.] Data Protection Act 1998.
(3) That power may not be exercised if the publication by the Agency of the advice or information in question—
(a) is prohibited by an enactment;
(b) is incompatible with any Community obligation; or
(c) would constitute or be punishable as a contempt of court.
(4) Before deciding to exercise that power, the Agency must consider whether the public interest in the publication of the advice or information in question is outweighed by any considerations of confidentiality attaching to it.
(5) Where the advice or information relates to the performance of enforcement authorities, or particular enforcement authorities, in enforcing relevant legislation, subsection (4) applies only so far as the advice or information relates to a person other than—
(a) an enforcement authority, or
(b) a member, officer or employee of an enforcement authority acting in his capacity as such.
(6) Expressions used in subsection (5) and defined in section 15 have the same meaning as in that section.
(7) Except as mentioned above, the power under subsection (1) is exercisable free from any prohibition on publication that would apply apart from this section.
(8) In this section “enactment” means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.
(9) The Agency may also disclose to another public authority any advice or information mentioned in subsection (1); and the other provisions of this section apply in relation to disclosure under this subsection as they apply in relation to publication under that subsection.
(1) The Agency may issue general guidance to local authorities or other public authorities on matters connected with the management of outbreaks or suspected outbreaks of food-borne disease.
(2) Guidance issued under this section must identify the authority or authorities to which it is addressed.
(3) The Agency shall publish any guidance issued under this section in such manner as it thinks fit.
(4) Any authority to whom guidance under this section is issued shall have regard to the guidance in carrying out any functions to which the guidance relates.
(5) In this section “food-borne disease” means a disease of humans which is capable of being caused by the consumption of infected or otherwise contaminated food.
(6) This section has effect without prejudice to any other powers of the Agency.
(1) The Agency has power to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of its functions.
(2) Without prejudice to the generality of subsection (1), that power includes power—
(a) to carry on educational or training activities;
(b) to give financial or other support to activities carried on by others;
(c) to acquire or dispose of any property or rights;
(d) to institute criminal proceedings in England and Wales and in Northern Ireland.
(3) The Agency may make charges for facilities or services provided by it at the request of any person.
(1) The Agency shall prepare and publish a statement of general objectives it intends to pursue, and general practices it intends to adopt, in carrying out its functions.
(2) The statement shall include the following among the Agency’s general objectives, namely—
(a) securing that its activities are the subject of consultation with, or with representatives of, those affected and, where appropriate, with members of the public;
(b) promoting links with any of the following authorities with responsibilities affecting food safety or other interests of consumers in relation to food, namely—
(i) government departments, local authorities and other public authorities;
(ii) the National Assembly for Wales (and its staff) and Assembly Secretaries, the Scottish Administration and Northern Ireland Departments;
with a view to securing that the Agency is consulted informally from time to time about the general manner in which any such responsibilities are discharged;
(c) securing that records of its decisions, and the information on which they are based, are kept and made available with a view to enabling members of the public to make informed judgments about the way in which it is carrying out its functions,
and any other objectives (which may include more specific objectives relating to anything mentioned in paragraphs (a) to (c)) which are notified to the Agency by the appropriate authorities acting jointly.
(3) Nothing in subsection (2) prevents the inclusion in the statement of more specific objectives relating to anything mentioned in that subsection.
(4) The statement shall be submitted in draft to the appropriate authorities for their approval before it is published.
(5) The appropriate authorities acting jointly may approve the draft statement submitted to them with or without modifications (but they must consult the Agency before making any modifications).
(6) As soon as practicable after a statement is approved under subsection (5), the Agency shall—
(a) lay a copy of the statement as so approved before Parliament, the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly; and
(b) publish that statement in such manner as the appropriate authorities acting jointly may approve.
(7) The first statement under this section shall be submitted to the appropriate authorities within the period of three months beginning with the date of the first meeting of the Agency.
(8) The Agency may revise its current statement under this section; and subsections (2) to (6) apply to a revised statement as they apply to the first statement.
(1) In carrying out its functions the Agency shall pay due regard to the statement of objectives and practices under section 22.
(2) The Agency, in considering whether or not to exercise any power, or the manner in which to exercise any power, shall take into account (among other things)—
(a) the nature and magnitude of any risks to public health, or other risks, which are relevant to the decision (including any uncertainty as to the adequacy or reliability of the available information);
(b) the likely costs and benefits of the exercise or non-exercise of the power or its exercise in any manner which the Agency is considering; and
(c) any relevant advice or information given to it by an advisory committee (whether or not given at the Agency’s request).
(3) The duty under subsection (2)—
(a) does not apply to the extent that it is unreasonable or impracticable for it to do so in view of the nature or purpose of the power or in the circumstances of the particular case; and
(b) does not affect the obligation of the Agency to discharge any other duties imposed on it.
(1) If it appears to the Secretary of State that there has been a serious failure by the Agency—
(a) to comply with section 23(1) or (2), or
(b) to perform any other duty which he considers should have been performed by it,
he may give the Agency such directions as he may consider appropriate for remedying that failure.
(2) The power under subsection (1) may also be exercised—
(a) so far as it is exercisable in relation to Wales, by the National Assembly for Wales;
(b) by the Scottish Ministers (in so far as it is exercisable by them within devolved competence or by virtue of an Order in Council made under section 63 of the [1998 c. 46.] Scotland Act 1998); and
(c) so far as it is exercisable in relation to Northern Ireland, by the Department of Health and Social Services for Northern Ireland.
(3) Directions under subsection (1) must include a statement summarising the reasons for giving them.
(4) The Secretary of State may give the Agency such directions as he considers appropriate for the implementation of—
(a) any obligations of the United Kingdom under the Community Treaties, or
(b) any international agreement to which the United Kingdom is a party.
(5) The power under subsection (4) may also be exercised—
(a) by the National Assembly for Wales (in relation to implementation for which it is responsible);
(b) by the Scottish Ministers (in relation to implementation within devolved competence or for which they have responsibility by virtue of an Order in Council under section 63 of the [1998 c. 46.] Scotland Act 1998); and
(c) by the Department of Health and Social Services for Northern Ireland (in relation to implementation for which a Northern Ireland Department is responsible).
(6) An authority proposing to give directions under this section shall consult the Agency and the other appropriate authorities before doing so.
(7) If the Agency fails to comply with any directions under this section, the authority giving the directions may give effect to them (and for that purpose may exercise any power of the Agency).
(8) If the Agency fails to comply with directions under subsection (1), the Secretary of State may, with the agreement of the other appropriate authorities, remove all the members of the Agency from office (and, until new appointments are made, may carry out the Agency’s functions himself or appoint any other person or persons to do so).
(9) Any directions given under this section shall be published in such manner as the authority giving them considers appropriate for the purpose of bringing the matters to which they relate to the attention of persons likely to be affected by them.
(10) In this section “devolved competence” has the same meaning as in the [1998 c. 46.] Scotland Act 1998.
(1) If it appears to the Secretary of State that an enactment prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) he may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
(2) If it appears to the Scottish Ministers that an enactment prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) the Scottish Ministers may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
(3) The power under subsection (2) may not be exercised to make provision which would not be within the legislative competence of the Scottish Parliament.
(4) If it appears to the First Minister and deputy First Minister acting jointly that any enactment dealing with transferred matters (within the meaning of section 4(1) of the [1998 c. 47.] Northern Ireland Act 1998) prohibits the disclosure of any information and is capable of having either of the effects mentioned in subsection (5) they may by order make provision for the purpose of removing or relaxing the prohibition so far as it is capable of having that effect.
(5) The effects mentioned in subsections (1), (2) and (4) are that the enactment in question—
(a) prevents the disclosure to the Agency of information that would facilitate the carrying out of the Agency’s functions; or
(b) prevents the publication by the Agency of information in circumstances where the power under section 19 would otherwise be exercisable.
(6) An order under this section may—
(a) make provision as to circumstances in which information which is subject to the prohibition in question may, or may not, be disclosed to the Agency or, as the case may be, published by the Agency; and
(b) if it makes provision enabling the disclosure of information to the Agency, make provision restricting the purposes for which such information may be used (including restrictions on the subsequent disclosure of the information by the Agency).
(7) This section applies in relation to a rule of law as it applies in relation to an enactment, but with the omission of—
(a) subsection (5)(b) and any reference to the effect mentioned in subsection (5)(b); and
(b) in subsection (6)(a), the words from “or, as” to the end.
(8) In this section “enactment” means an enactment contained in any Act (other than this Act) or Northern Ireland legislation passed or made before or in the same Session as this Act.
(1) The functions of the Minister of Agriculture, Fisheries and Food under—
(a) Part I of the [1985 c. 48.] Food and Environment Protection Act 1985;
(b) the 1990 Act; and
(c) the [1993 c. 12.] Radioactive Substances Act 1993,
shall cease to be exercisable by that Minister.
(2) The functions of the Department of Agriculture for Northern Ireland under—
(a) Part I of the Food and Environment Protection Act 1985; and
(b) Part II of the 1991 Order (except Articles 8(7), 10(5) to (7), 11(5) to (10), 18(1), 22 and 25(2)(e) and Schedule 1),
shall cease to be exercisable by that Department.
(3) Subsections (1) and (2) do not affect enforcement functions under directions or subordinate legislation under the enactments mentioned in those subsections (or any power under those enactments to confer such functions in directions or subordinate legislation).
(1) Regulations may make provision for requiring the notification of information about tests on samples taken from individuals (whether living or dead) for the presence of—
(a) organisms of a description specified in the regulations; or
(b) any substances produced by or in response to the presence of organisms of a description so specified.
(2) A description of organisms may be specified in the regulations only if it appears to the authority making the regulations that those organisms or any substances produced by them—
(a) are capable of causing disease in humans; and
(b) are commonly transmitted to humans through the consumption of food.
(3) The power to make the regulations is exercisable for the purpose of facilitating the carrying out of functions of the Agency or any other public authority which relate to the protection of public health.
(4) The regulations shall, as respects each specified description of organisms—
(a) specify the information to be notified about them and the form and manner in which it is to be notified;
(b) make provision for identifying the person by whom that information is to be notified; and
(c) specify the person to whom that information is to be notified;
but the regulations may not require a person to notify information which is not in his possession, or otherwise available to him, by virtue of his position.
(5) The regulations may—
(a) make provision as to the tests about which information is to be notified;
(b) require or permit the person specified under subsection (4)(c) to disclose any information to any other person or to publish it;
(c) restrict the purposes for which any information may be used (whether by the person so specified or by any other person);
(d) make provision with a view to ensuring that patient confidentiality is preserved;
(e) create exceptions from any provision of the regulations;
(f) create summary offences, subject to the limitation that no such offence shall be punishable with imprisonment or a fine exceeding level 5 on the standard scale.
(6) Before making regulations under this section the authority making them shall consult the Agency and such organisations as appear to the authority to be representative of interests likely to be substantially affected by the regulations.
(7) Any consultation undertaken before the commencement of subsection (6) shall be as effective, for the purposes of that subsection, as if undertaken after that commencement.
(8) The power to make regulations under this section is exercisable—
(a) as respects tests carried out in England, by the Secretary of State;
(b) as respects tests carried out in Wales, by the National Assembly for Wales;
(c) as respects tests carried out in Scotland, by the Scottish Ministers; and
(d) as respects tests carried out in Northern Ireland, by the Department of Health and Social Services for Northern Ireland.
(1) The Agency and each authority to which this section applies with responsibility for any matter connected with food-borne zoonoses shall make arrangements with a view to securing (so far as reasonably practicable) that any information relating to food-borne zoonoses in the possession of either of them is furnished or made available to the other.
(2) The authorities to which this section applies are Ministers of the Crown, the National Assembly for Wales, Scottish Ministers and Northern Ireland Departments.
(3) Arrangements under this section may also include arrangements for co-ordinating the activities of the Agency and the authority concerned in relation to matters connected with food-borne zoonoses.
(4) Arrangements under this section shall be kept under review by the Agency and the authority concerned.
(5) In this section “food-borne zoonosis” means any disease of, or organism carried by, animals which constitutes a risk to the health of humans through the consumption of, or contact with, food.
(1) The Minister of Agriculture, Fisheries and Food, and each Secretary of State having responsibility for any matters connected with the regulation of veterinary products, shall consult the Agency from time to time about the general policy he proposes to pursue in carrying out his functions in relation to those matters.
(2) In this section “veterinary products” means—
(a) veterinary drugs, as defined in section 132(1) of the [1968 c. 67.] Medicines Act 1968;
(b) veterinary medicinal products, as defined in Article 1(2) of Council Directive 81/851/EEC (including products manufactured from homeopathic stock);
(c) medicated feedingstuffs, as defined in Article 1(2) of Council Directive 81/851/EEC;
(d) zootechnical products, as defined in regulation 2(1) of the [S.I. 1999/1871.] Feedingstuffs (Zootechnical Products) Regulations 1999.
(3) The Minister or the Secretary of State concerned may disclose any information to the Agency (including information obtained by or furnished to him in pursuance of any enactment) relating to matters connected with the regulation of veterinary products.
(4) This section applies to the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland as it applies to the Minister of Agriculture, Fisheries and Food.
(1) The Ministers may, for the purpose of regulating any animal feedingstuff or anything done to or in relation to, or with a view to the production of, any animal feedingstuff, make an order under this section.
(2) An order under this section is one which applies, or makes provision corresponding to, any provisions of the 1990 Act (including any power to make subordinate legislation or to give directions), with or without modifications.
(3) Such an order may be made by reference to the 1990 Act as it stands immediately before this Act is passed or as it stands following any amendment or repeal made by this Act.
(4) Such an order under this section may make provision with a view to protecting animal health, protecting human health or for any other purpose which appears to the Ministers to be appropriate.
(5) The provision which may be made in an order under this section by virtue of section 37(1)(a) includes provision amending or repealing any enactment or subordinate legislation.
(6) Before making such an order, the Ministers shall—
(a) consult such organisations as appear to them to be representative of interests likely to be substantially affected by the order; and
(b) have regard to any advice given by the Agency.
(7) Any consultation undertaken before the commencement of subsection (6) shall be as effective, for the purposes of that subsection, as if undertaken after that commencement; and any consultation undertaken by the Agency may be treated by the Ministers as being as effective for those purposes as if it had been undertaken by them.
(8) In this section “the Ministers” means—
(a) in the case of an order extending to England and Wales, the Secretary of State and the Minister of Agriculture, Fisheries and Food, acting jointly;
(b) in the case of an order extending to Scotland, the Scottish Ministers.
(1) The Department of Agriculture for Northern Ireland and the Department of Health and Social Services for Northern Ireland acting jointly shall have the same power to make provision by order for Northern Ireland by reference to the 1991 Order as the Ministers have by virtue of section 30 to make provision by order for England and Wales or Scotland by reference to the 1990 Act.
(2) Subsections (6) and (7) of section 30 apply in relation to an order under this section as they apply to an order under that section.
(1) Her Majesty may by Order in Council make such provision as She considers appropriate for modifying—
(a) the functions exercisable under this Act by any of the appropriate authorities (including functions exercisable jointly by two or more of them);
(b) the powers under this Act of either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly; or
(c) the constitution of the Agency.
(2) Without prejudice to the generality of subsection (1), provision made under paragraph (a) or (b) of that subsection may—
(a) confer on any one or more of the appropriate authorities functions (including powers to make subordinate legislation) which relate to anything connected with the Agency or its activities;
(b) confer powers on either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly.
(3) Where provision is made under subsection (1)(a) or (b), the provision which may be made in the Order by virtue of section 37(1)(a) includes provision modifying functions of, or conferring functions on, the Agency or any other person in connection with any one or more of the appropriate authorities or with any body mentioned in subsection (1)(b).
(4) For the purposes of subsection (1)(c) the reference to the constitution of the Agency is a reference to the subject-matter of sections 2 to 5 and 39(7) (together with Schedules 1, 2 and 4).
(5) The provision which may be made by an Order under this section does not include provision modifying this section or section 33 (except that where provision is made under subsection (1)(c) the Order may make consequential amendments to subsection (4)).
(6) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.
(1) This section applies if—
(a) the Scottish Parliament passes an Act providing for any functions of the Agency to be no longer exercisable in or as regards Scotland; or
(b) the Northern Ireland Assembly passes an Act providing for any functions of the Agency to be no longer exercisable in or as regards Northern Ireland.
(2) Her Majesty may by Order in Council make provision—
(a) modifying this or any other Act as She considers necessary or expedient in consequence of the functions concerned being no longer exercisable by the Agency in or as regards Scotland or Northern Ireland;
(b) for the transfer of any property, rights and interests of the Agency falling within subsection (3);
(c) for any person to have such rights or interests in relation to any property, rights or interests falling within subsection (3) as She considers appropriate (whether in connection with a transfer or otherwise); or
(d) for the transfer of any liabilities of the Agency falling within subsection (4).
(3) Property, rights and interests fall within this subsection if they belong to the Agency and appear to Her Majesty—
(a) to be held or used wholly or partly for or in connection with the exercise of any of the functions concerned, or
(b) not to be within paragraph (a) but, when last held or used for or in connection with the exercise of any function, to have been so held or used for or in connection with the exercise of any of the functions concerned.
(4) Liabilities of the Agency fall within this subsection if they appear to Her Majesty to have been incurred wholly or partly for or in connection with the exercise of any of the functions concerned.
(5) An Order under this section may make provision for the delegation of powers to determine anything required to be determined for the purposes of provision made under subsection (2)(b), (c) or (d).
(6) No recommendation shall be made to Her Majesty in Council to make an Order under this section unless the Agency has been consulted.
(1) The Agency must—
(a) take account of the activities of the Food Safety Promotion Board in determining what action to take for the purpose of carrying out its functions; and
(b) consult that Board from time to time with a view to ensuring so far as is practicable that the activities of the Agency do not unnecessarily duplicate the activities of the Board.
(2) Nothing in this Act affects the functions of the Food Safety Promotion Board.
Food Standards Act 1999