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Food and Environment Protection Act 1985

1985 c. 48 · Enacted 16 July 1985 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 24 May 2018.

An Act to authorise the making in an emergency of orders specifying activities which are to be prohibited as a precaution against the consumption of food rendered unsuitable for human consumption in consequence of an escape of substances; to replace the Dumping at Sea Act 1974 with fresh provision for controlling the deposit of substances and articles in the sea; to make provision for the control of the deposit of substances and articles under the sea-bed; to regulate pesticides and substances, preparations and organisms prepared or used for the control of pests or for protection against pests; and for connected purposes.

[16th July 1985]

C1X1I1E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

Act: transfer of certain functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Act: applied (12.4.1999) by S.I. 1999/743, reg. 2(1)(3)(8)

Commencement

I1

Act partly in force at Royal Assent see s. 27(1)(2). Act Wholly in force at 1.1.1986.

Extent

E1

Act (except Pt. 1, 3, Sch. 1 and 5): extended (21.7.1999) by S.I. 1988/1084, art. 2, Sch. 2 (subject to an ammendment by 1999/669, art. 2, 3)

Editorial notes

X1

The text of ss. 1 – 4, 20 – 24, 25(1)(2)(4) – (6), 27, 28, Schs. 1, 2 are from SIF group 53:1 and 53:2 (Food: England and Wales and Food: Scotland); ss. 5 – 15, 20 – 24, 25(1)(3) – (6), 26 – 28, Schs. 2 – 4 are from SIF group 111 (Shipping) ; ss. 16 – 24, 25(1)(2)(4) – (6), 27, 28, Schs. 2 and 5 are from SIF group 46:4 (Environment: Pollution Prevention)

Contents

  1. Part I: CONTAMINATION OF FOOD
  2. Emergency orders etc.
  3. 1Power to make emergency orders.
  4. 2Powers of Ministers when emergency order has been made.
  5. Investigation and enforcement
  6. 3Authorisation of investigating officers and enforcement officers.
  7. 4Powers of officers.
  8. Part II: DEPOSITS IN THE SEA
  9. Licensing
  10. 5Requirement of licences for deposit of substances and articles in the sea etc.
  11. 6Requirement for licences for incineration at sea etc.
  12. 6ASection 6A
  13. 7Exemptions.
  14. 7AApplication of Part II: further provisions.
  15. 8Licences.
  16. 8AElectronic communications apparatus: operations in tidal waters etc
  17. Offences relating to licensing system etc.
  18. 9Offences relating to licensing system.
  19. 10Power to take remedial action.
  20. Enforcement
  21. 11Powers of officers.
  22. 12Enforcement of Conventions.
  23. Miscellaneous
  24. 13Powers of Ministers to test and to charge for testing.
  25. 14Duty of licensing authority to keep public registers of information.
  26. 15Repeal of Dumping at Sea Act 1974, consequential amendments and transitional provisions.
  27. Part III: Pesticides Etc.
  28. 16Control of pesticides etc.
  29. 17Codes of practice.
  30. 18Payments for general purposes of Part III.
  31. 19Enforcement powers.
  32. Part IV: General and Supplementary
  33. 20Application to Crown etc.
  34. 21Offences—penalties etc.
  35. 22General defence of due diligence.
  36. 23Financial provisions.
  37. 24Interpretation.
  38. 25Northern Ireland.
  39. 26Channel Islands etc. Repealed
  40. 27Commencement. Repealed
  41. 28Short title.
  42. Schedule 1: Emergency Prohibitions
  43. Part I: Activities that may be Prohibited in a Designated Area
  44. 1Paragraph 1
  45. Part II: Movements of Food Etc. that may be Prohibited
  46. 2Paragraph 2
  47. Part III: Activities that may be Prohibited Throughout the United Kingdom
  48. 3Paragraph 3
  49. 4Paragraph 4
  50. Schedule 2: Officers and their Powers
  51. Introductory
  52. 1Paragraph 1
  53. Assistants for officers etc.
  54. 2Paragraph 2
  55. Power to question
  56. 2AParagraph 2A
  57. Powers in relation to vessels, aircraft etc.
  58. 3Paragraph 3
  59. Containers etc.
  60. 4Paragraph 4
  61. Evidence of officers’ authority
  62. 5Paragraph 5
  63. Time of performance of functions
  64. 6Paragraph 6
  65. Entry into dwellings
  66. 7Paragraph 7
  67. Power of officer to use reasonable force
  68. 8Paragraph 8
  69. Protection of officers
  70. 9Paragraph 9
  71. Offences
  72. 10Paragraph 10
  73. Schedule 3: Licences—Right to make Representations etc.
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. 5Paragraph 5
  79. 6Paragraph 6
  80. 7Paragraph 7
  81. 8Paragraph 8
  82. 9Paragraph 9
  83. 10Paragraph 10
  84. 11Paragraph 11
  85. 12Paragraph 12
  86. 13Paragraph 13
  87. 14Paragraph 14
  88. 15Paragraph 15
  89. 16Paragraph 16
  90. 17Paragraph 17
  91. Schedule 4
  92. iculars to be Contained in RegistersPart iculars to be Contained in Registers
  93. Part I: Licences for Deposit or Incineration or Associated Operations
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. 7Paragraph 7
  101. 8Paragraph 8
  102. 9Paragraph 9
  103. Part II: Licences for Scuttling or Associated Operations
  104. 10Paragraph 10
  105. 11Paragraph 11
  106. 12Paragraph 12
  107. 13Paragraph 13
  108. 14Paragraph 14
  109. 15Paragraph 15
  110. Schedule 5: The Advisory Committee
  111. 1Paragraph 1 Repealed
  112. 1AParagraph 1A Repealed
  113. 2Paragraph 2 Repealed
  114. 3Paragraph 3 Repealed
  115. 4Paragraph 4 Repealed
  116. 5Paragraph 5 Repealed
  117. 6Paragraph 6 Repealed
  118. 7Paragraph 7 Repealed
  119. 8Paragraph 8 Repealed