Regulation 5 Agency arrangements

The Secretary of State may, with the agreement of the Scottish Ministers, enter into an arrangement for the exercise by him on behalf of the Scottish Ministers of—

other than a power to legislate by means of orders, rules, regulations or other subordinate instrument.

Any such arrangement shall be in writing and be signed by or on behalf of the Secretary of State and the Scottish Ministers, and may be subject to such conditions (including conditions as to the costs) as may be agreed.

Subject to paragraph (4), in relation to the exercise by the Secretary of State, whether on his own behalf or (by virtue of an arrangement under, as the case may be, paragraph (1), section 41 of the Government of Wales Act 1998^f1 or section 28 of the Northern Ireland Act 1998^f2) on behalf of the Scottish Ministers, the National Assembly for Wales or (in Northern Ireland) the Department of Agriculture and Rural Development, of—

other than a power to legislate by means of orders, rules, regulations or other subordinate instrument, the relevant Ministers may, irrespective of the part of the United Kingdom in relation to which that function is exercisable, monitor, review and make recommendations to the Secretary of State in relation to the extent to which the objectives of the Secretary of State in exercising any such function have been met and the strategy and specific action required to meet any such objectives.

Where a function referred to in paragraph (3) is that of the Secretary of State, paragraph (3) shall apply only in so far as the Secretary of State shall have consented to the exercise of the power conferred by that paragraph.

Any Minister exercising a relevant function or a function transferred by virtue of these Regulations, being a function exercisable in relation to any part of Great Britain with respect to livestock or livestock products (other than a power to make an order under section 5 of the Agriculture Act 1957 as extended by section 6(3) or (4) of the European Communities Act 1972), may, with the agreement of the Commission, delegate that function to the Commission, and the Commission may carry out any function so delegated.

In this regulation—

• “the Commission” means the Meat and Livestock Commission;

• “livestock” means cattle, sheep and pigs;

• “livestock product” means any product for human consumption which is derived to any substantial extent, with or without any process of manufacture, from livestock, but excluding milk and milk products;

• “any Minister” means—

  1. (a)

     the Secretary of State,

  2. (b)

     the Scottish Ministers,

  3. (c)

     the National Assembly for Wales, or

  4. (d)

     (in Northern Ireland) the Department of Agriculture and Rural Development,

  and “the relevant Ministers” means all of these persons, acting jointly.