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The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015

S.S.I. 2015/100 · Made 3 March 2015 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

Food

Made 3rd March 2015

Laid before the Scottish Parliament 3rd March 2015

Coming into force 1st April 2015

The Scottish Ministers, make the following Order in exercise of the powers conferred on them by section 61(a) and (b) of the Food (Scotland) Act 2015f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2015 asp 1.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of secondary legislation
  3. 3Amendment of secondary legislation
  4. 4Transitional provisions
  5. 5Transitional provisions
  6. Signature
  7. Schedule: Amendment of Regulations
  8. 1Paragraph 1
  9. 2Paragraph 2 Repealed
  10. 3Paragraph 3 Repealed
  11. 4Paragraph 4
  12. 5Paragraph 5
  13. 6Paragraph 6
  14. 7Paragraph 7 Repealed
  15. 8Paragraph 8
  16. 9Paragraph 9
  17. 10Paragraph 10
  18. 11Paragraph 11
  19. 12Paragraph 12
  20. 13Paragraph 13
  21. 14Paragraph 14
  22. 15Paragraph 15
  23. 16Paragraph 16
  24. 17Paragraph 17
  25. 18Paragraph 18
  26. 19Paragraph 19 Repealed
  27. 20Paragraph 20
  28. 21Paragraph 21
  29. 22Paragraph 22
  30. 23Paragraph 23
  31. 24Paragraph 24
  32. 25Paragraph 25
  33. 26Paragraph 26
  34. 27Paragraph 27
  35. 28Paragraph 28
  36. 29Paragraph 29
  37. 30Paragraph 30
  38. 31Paragraph 31
  39. 32Paragraph 32
  40. 33Paragraph 33
  41. 34Paragraph 34 Repealed
  42. 35Paragraph 35
  43. 36Paragraph 36
  44. 37Paragraph 37
  45. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015.

(2)

This Order comes into force on 1st April 2015.

(3)

In this Order—

  • “the Act” means the Food (Scotland) Act 2015;

  • “the 1999 Act” means the Food Standards Act 1999f1;

  • “the 2015 Act” means the Food (Scotland) Act 2015;

  • “the Agency” means “the Food Standards Agency”;

  • “Agency document” means any document issued or made by or on behalf of the Food Standards Agency, including—

    1. (a)

      schemes;

    2. (b)

      codes of practice;

    3. (c)

      operation manuals, and other documents containing guidance, relating to the protection of public health from risks which may arise in connection with the consumption of food (including risks caused by the way in which it is produced or supplied) or otherwise relating to the protection of the interests of consumers in relation to food;

    4. (d)

      appointments (other than any appointment to an advisory committee);

    5. (e)

      approvals, authorisations, licences, provisional licences and registrations;

    6. (f)

      designations;

    7. (g)

      notices;

    8. (h)

      certificates; and

    9. (i)

      warrants;

2Amendment of secondary legislationI1

The Regulations specified in the Schedule are amended by substituting “Food Standards Scotland” for “Foods Standards Agency”.

3Amendment of secondary legislationI1

Paragraph (ca) of Schedule 1 to the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 2) Order 2002 is amended by substituting “Food Standards Scotland” for “the Food Standards Agency”.

4Transitional provisionsI1

On the coming into force of this Order any proceedings raised by, or against, the Food Standards Agency which relate to Scotland and which have not been finally determined are to be treated as having been raised by, or against, Food Standards Scotland.

5Transitional provisionsI1

Any Agency document insofar as relating to Scotland issued or made, prior to the coming into force of this Order, so far as may be necessary or expedient for any function of Food Standards Scotland is deemed to be issued or made by Food Standards Scotland.

Signature

MAUREEN WATT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

3rd March 2015

1I1

The Ice Cream (Scotland) Regulations 1948f1; at—

  • regulation 1(3) (interpretation).

2F1

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

3F1

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

4I1

The Welfare of Animals (Slaughter or Killing) Regulations 1995f1; at—

  • regulation 2(1) (interpretation).

5I1

The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999f1; at—

  • regulation 2(2) (interpretation).

6I1

The Feeding Stuffs (Enforcement) Regulations 1999f1; at—

  • regulation 2(1) (interpretation).

7F1

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

8I1

The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002f1; at:—

  • regulation 2(1) (interpretation) at the definition of “the Agency”; and

  • regulation 32(6) (safeguard).

9I1

The Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003f1; at:—

  • regulation 6(a) (exchange of information).

10I1

The Genetically Modified Food (Scotland) Regulations 2004f1; at—

  • regulation 3 (submission of applications for authorisation to market products).

11I1

The Genetically Modified Animal Feed (Scotland) Regulations 2004f1; at—

  • regulation 3 (submission of applications for authorisation to market products).

12I1

The Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005f1; at:—

  • regulation 29(1)(vi) (advice etc. provided by other responders and other bodies).

13I1

The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005f1; at—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

14I1

The Food Hygiene (Scotland) Regulations 2006f1; at—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

15I1

The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007f1; at—

  • regulation 3(2) (restriction on sale); and

  • regulation 4(1) and (2) (declaration).

16I1

The Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007f1; at—

  • regulation 9(1) (powers of the Food Standards Agency undertaking audits on behalf of the Scottish Ministers) and the heading to that paragraph becomes “Powers of Food Standards Scotland undertaking audits on behalf of Scottish Ministers”.

17I1

The Nutrition and Health Claims (Scotland) Regulations 2007f1; at—

  • regulation 3(a) (competent authorities).

18I1

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007f1; at—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

19F1

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

20I1

The Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008f1; at—

  • regulation 5(4) (enforcement).

21I1

The Aquatic Animal Health (Scotland) Regulations 2009f1; at—

  • regulation 46(1) (disclosure of information).

22I1

The Meat (Official Controls Charges) (Scotland) Regulations 2009f1; at—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

23I1

The Food Irradiation (Scotland) Regulations 2009f1; at—

  • regulation 3(1) (interpretation) at the definition of “the Agency”.

24I1

The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) regulations 2009f1; at—

  • Schedule 1 (specified provisions) in the second column (subject matter) for the entry relating to Article 3(2) in column 1 (provision of the Commission Regulation).

25I1

The Official Feed and Food Controls (Scotland) Regulations 2009f1; at—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

26I1

The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010f1; at—

  • regulation 2(1) (interpretation) at the definitions of “cutting plant” and “slaughterhouse”;

  • regulation 3 (appointment of competent authority);

  • regulation 12(2) (appointment of inspectors);

  • regulation 14(3) (powers of inspectors);

  • regulation 16(2)(a)(ii);

  • regulation 20(3) (enforcement); and

  • Schedule 7 (specified risk material, mechanically separated meat and slaughtering techniques), paragraphs 1, (appointment of the Food Standards Agency as the competent authority) and the heading to that paragraph becomes “Appointment of Food Standards Scotland as the competent authority”; 9(3)(b)(iii) (sheep and goats in a slaughterhouse), 13(1) and (2) (authorisation of cutting plants by the Food Standards Agency) and the heading to that paragraph becomes “Authorisation of cutting plants by Food Standards Scotland” and 16(2)(a)(ii) (staining and disposal of specified risk material).

27I1

The Animal Feed (Scotland) Regulations 2010f1; at—

  • regulation 5(2) and (3) (competent authorities for the purposes of Regulation 767/2009).

28I1

The Disclosure (Persons Engaged in the Investigation and Reporting of Crime or Sudden Deaths) (Scotland) Regulations 2011f1; in—

  • Schedule 1 at “Non Ministerial Departments”.

29I1

The Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011f1; at:—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

30I1

The Poultrymeat (Scotland) Regulations 2011f1; at—

  • regulation 2(1) (interpretation) at the definition of “the Agency”.

31I1

The Trade in Animals and Related Products (Scotland) Regulations 2012f1; at—

  • regulation 25(1); (2) and (3)(b) (safeguard measures); and

  • regulation 27(2)(b)(ii) (enforcement).

32I1

The Materials and Articles in Contact with Food (Scotland) Regulations 2012f1; at—

  • regulation 6(1)(a) and (b) (competent authorities for the purposes of Regulation 1935/2004 and Regulation 2023/2006).

  • regulation 8 (competent authorities for the purposes of regulation 450/2009);

  • regulation 15 (a) and(b) (competent authorities for the purposes of regulation 10/2011); and

  • regulation 20 (2) (execution and enforcement).

33I1

The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012f1; at—

  • regulation 3(1) (the competent authority); and

  • regulation 18(2) (enforcement).

34F1

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

35I1

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013f1; at—

  • regulation 13 (competent authorities).

36I1

The Animal By-Products (Enforcement) (Scotland) Regulations 2013f1; at—

  • regulation 22(4) (enforcement authority).

  • regulation 28(4) (power to share information for enforcement purposes).

37I1

The Public Water Supplies (Scotland) Regulations 2014f1; at—

  • regulation 2(1) (interpretation) at paragraph (b) of the definition of “human consumption purposes”.

Explanatory note

(This note is not part of the Order)

This Order makes provision in consequence of the Food (Scotland) Act 2015 (“the 2015 Act”). The Order comes into force on 1st April 2015.

Article 3 of, and the Schedule to, the Order make provision modifying secondary legislation. The modifications provided for are in consequence of provision in the 2015 Act which establishes Food Standards Scotland and provides that the relevant functions of the Food Standards Agency within the meaning of section 35 of the Food Standards Act 1999 c.28 cease to be exercisable in Scotland.

Articles 4 and 5 provide for transitional provisions.