Section 86 Modifications of Part IV in application to Northern Ireland.C1 C2

United Kingdom

P1(1)

In its application to Northern Ireland, this Part of this Act shall have effect subject to the modifications specified in the following provisions of this section.

(2)

In section 66(1)—

(a)

there shall be inserted the following definition, namely—

““chief agricultural analyst” means the chief agricultural analyst for Northern Ireland”

(b)

the definitions of “enforcement authority", “the Minister" and “the Ministers" shall be omitted.

(3)

For section 67 there shall be substituted the following—

“
67
(1)
F1The Department of Agriculture for Northern Ireland (in this Part of this Act referred to as “the Ministry”) shall enforce the provisions of this Part of this Act.
(2)
For the purpose of enforcing this Part of this Act the Ministry may appoint such agricultural analysts, deputy agricultural analysts and inspectors as appear to the Ministry to be necessary.”

(4)

In section 76(5), for the words “the authority for whom he acts" there shall be substituted the words “the Ministry".

(5)

In sections 75 and 77, for any reference to the agricultural analyst for an inspector’s area there shall be substituted a reference to an agricultural analyst in Northern Ireland, and the expression “agricultural analyst" shall not include the chief agricultural analyst.

(6)

In section 78, for any reference to the Government Chemist there shall be substituted a reference to the chief agricultural analyst; and in subsection (10) of that section for the words “ F2the Secretary of State with the approval of the Treasury" there shall be substituted the words “the Ministry with the approval of the Department of Finance for Northern Ireland".

(7)

In section 79, for any reference to the Government Chemist there shall be substituted a reference to the chief agricultural analyst, and in subsection (5) the words “(3)(b)" shall be omitted.

F3(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In section 84, for any reference to the Ministers there shall be substituted a reference to the Ministry, and in subsection (2) thereof the words “shall be made by statutory instrument, and" shall be omitted and for paragraph (b) there shall be substituted the following:—

“(b) shall be subject to negative resolution within the meaning of section 41(6) of the M1Interpretation Act (Northern Ireland) 1954 F4(unless subsection (2D) applies)."

(10)

Section 87(1) shall have effect with the substitution for the word “Ministers" of the word “Ministry" and with the omission of the words “made by statutory instrument".

Annotations

Textual amendments

F1: Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)
F2: Words substituted by virtue of S.I. 1970/1537, arts. 2(2), 7(4)
F3: Ss. 67(7), 80(2)–(4), 86(8) repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 1(1), Sch. 1, Sch. 34 Pt. I
F4: Words in s. 86(9) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 33(6), 57(1)(b)(c)(6)

Marginal citations

M1: 1954 c. 33 (N.I.)

Modifications

C1: S. 86 modified (8.9.1999) by S.I. 1999/2325, regs. 7(1)(2), 13
C2: S. 86: amendment to earlier affecting provision S.I. 1999/2325, reg. 13 (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 15

Subordinate legislation made

P1: S. 86: S. 74A (with ss. 66(1), 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9), 84 and 86(1), (2), (3) and (9)) power exercised by S.R.1991/540

Notes on Part IV

Modifications

C1

Pt. IV applied: (E.W.S.) (1.11.1991) by S.I. 1991/2197, reg.11 (with reg. 1(2)(3)); (E.W.S.) (22.1.1992) by S.I. 1991/2840, reg. 23 (with reg. 22) (which S.I. was revoked (E.W.S.) (30.6.1995) by 1995/1412, reg. 25); (N.I.) (18.5.1992) by S.R. 1992/187, reg. 11 (with reg. 1(2)); (N.I.) (27.7.1992) by S.R. 1992/270, reg. 23 (with reg. 22)); (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 24 (with reg. 23) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to the 1970 c. 40) by S.S.I. 2000/453, reg. 26); (N.I.) (15.1.1996) by S.R. 1995/451, reg. 24 (with reg. 23)

C2

Pt. IV modified (21.6.1996) by S.I. 1996/1342, reg. 3, Sch. 1

Pt. IV modified (8.9.1999) by S.I. 1999/2325, reg. 7(1)(2), 8 (as amended: (E.) (20.3.3001) by S.I. 2001/541, reg. 7(a); (W.) (1.8.2001) by S.I. 2001/2253, reg. 7(a))

Pt. IV extended (W.) (1.3.2001) by S.I. 2001/343, reg. 22

C3

Pt. IV (except s. 78(10)): Functions of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales transferred to the Minister of Agriculture, Fisheries and Food (27.12.1999) by S.I. 1999/3141, art. 2(1)(5), 3, Sch.

Pt. IV: power to make regulations amended (E.W.) (temp.) by S.I. 2000/656, reg. 14

C4