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Food and Environment Protection Act 1985

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25 Northern Ireland.U.K.

(1)It is hereby declared that this Act extends to Northern Ireland.

(2)In the application of Parts I and III of this Act as respects transferred matters in Northern Ireland—

[F1(za)in section 1(2), in the definition of “designating authority”, for the words from “in relation” (in the first place they appear) to the end there is substituted “means the Department of Health and Social Services for Northern Ireland;”]

(a)subject to [F2paragraphs (ab) and] (b) below, for any reference [F3in Part III]to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland;

[F4(ab)subject to paragraph (b) below, in section 16 for any reference to the Ministers or either of them there is substituted a reference to the Department of Agriculture for Northern Ireland and the Department of Health and Social Services for Northern Ireland acting jointly;]

(b)for any reference to the Ministers or either of them in section 16(2)(g) and (l) [F5, 16(13A)], 17, . . . F6 and 19(1) above there is substituted a reference to any Northern Ireland Department;

(c)for any reference to Parliament, each or either House of Parliament or both Houses of Parliament, there is substituted a reference to the Northern Ireland Assembly;

(d)for any reference to the Treasury there is substituted a reference to the Department of Finance and Personnel for Northern Ireland;

(e)in section 16(10), for the reference to the [F7the Health and Safety Executive] there is substituted a reference to the Health and Safety Agency for Northern Ireland; and

(f)section 17(4)(a) is omitted.

[F8(2A)In the application of section 16 as respects transferred matters in Northern Ireland, for subsection (6) of section 16 substitute—

“(6)Regulations—

(a) if contained in a statutory rule which includes any regulations made under section 2(2) of the M1 European Communities Act 1972, shall be subject to negative resolution within the meaning of section 41(6) of the M2 Interpretation Act Northern Ireland) 1954;

(b)in any other case, shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly. ”.]

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 20 above F10...—

(a)any reference to the Crown includes a reference to the Crown in right of Her Majesty’s Government in Northern Ireland; and

(b)government department” includes a Northern Ireland department.

[F11(4A)Section 24(1) above shall have effect in relation to Northern Ireland as if for the definition of “food” there were substituted the following definition—

F12 [ “food” has the same meaning as in the Food Safety (Northern Ireland) Order 1991 ]]

(5)An order or regulations made under this Act by a Northern Ireland department shall be a statutory rule for the purposes of the M3Statutory Rules (Northern Ireland) Order 1979 and references to a statutory instrument shall be construed accordingly.

(6)In this section “transferred matters” has the meaning assigned to it by section 43(2) of the M4Northern Ireland Constitution Act 1973.

Textual Amendments

F1S. 25(2)(za) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 6(6)(a) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F2Words in s. 25(2)(a) substituted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 6(6)(b) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F3Words in s. 25(2)(a) inserted (11.11.1999) by 1999 c. 28, ss. 40(1), 43(3), Sch. 5 para. 6(5)(a) (with ss. 38, 40(2))

F4S. 25(2)(ab) inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 6(6)(c) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F8S. 25(2A) inserted (9.9.1998) by 1998 c. 26, ss. 1(1)(5), 3(b)

F12Definition in s. 25(4A) substituted (N.I.) (21. 5.1991) by S.I. 1991/762, art. 51(1), Sch. 2 para. 15; S.R. 1991/175, art. 2(1).

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