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Regulation 6 Power to issue codes of recommended practice

England and Wales

(1)

For the guidance of feed authorities and food authorities the Secretary of State may issue codes of recommended practice as regards —

(a)

functions conferred upon those authorities in their capacity as competent authorities by or under F1Regulation 2017/625; or

(b)

the execution and enforcement of the Import Provisions;

and any such code shall be laid before Parliament after being issued.

(2)

The Agency may, after consulting the Secretary of State, give a feed authority or food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.

(3)

In exercise of the functions conferred on them as competent authorities by or under F2Regulation 2017/625 and in their execution and enforcement of the Import Provisions, every feed authority and food authority —

(a)

shall have regard to any relevant provision of any such code; and

(b)

shall comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.

(4)

Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.

(5)

The Agency shall consult the Secretary of State before making an application under paragraph (4).

(6)

Before issuing any code under this regulation, the Secretary of State shall have regard to any relevant advice given by the Agency.

Annotations

Textual amendments

F1

Words in reg. 6(1)(a) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 7(a)

F2

Words in reg. 6(3) substituted (14.12.2019) by The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1476), regs. 1, 7(b)

Notes on the whole SI

Textual amendments

F1

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51).

F2

S.I. 2003/2901.

F3

S.I. 1972/1811.

F4

S.I. 1999/2027.

F5

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).