The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015
S.S.I. 2015/100 · Made 3 March 2015 · Extends to Scotland
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
Contents
- 1Citation, commencement and interpretation
- 2Amendment of secondary legislation
- 3Amendment of secondary legislation
- 4Transitional provisions
- 5Transitional provisions
- Signature
- Schedule: Amendment of Regulations
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7 Repealed
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34 Repealed
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Explanatory note
1Citation, commencement and interpretationI1
This Order may be cited as the Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015.
This Order comes into force on 1st April 2015.
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—
- (a)
schemes;
- (b)
codes of practice;
- (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;
- (d)
appointments (other than any appointment to an advisory committee);
- (e)
approvals, authorisations, licences, provisional licences and registrations;
- (f)
designations;
- (g)
notices;
- (h)
certificates; and
- (i)
warrants;
- (a)
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.