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The Transfer of Functions (Agriculture and Food) Order 1999

S.I. 1999/3141 · Made 24 November 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MINISTERS OF THE CROWN

Made 24th November 1999

Laid before Parliament 6th December 1999

Coming into force 27th December 1999

At the Court at Buckingham Palace, the 24th day of November 1999

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1975 c. 26.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transfer of certain functions involving territorial Secretaries of State
  3. 3Exception from article 2 for EC functions
  4. 4Transfer of property, rights and liabilities
  5. 5Supplementary and consequential
  6. Signature
  7. Schedule ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED BY ARTICLE 2(1)
  8. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Transfer of Functions (Agriculture and Food) Order 1999.

(2)

This Order shall come into force on 27th December 1999.

(3)

In this Order–

  • “the transferor” means, in relation to anything transferred by this Order, the Minister or Ministers from whom it is transferred,

  • “the transferee” means, in relation to anything transferred by this Order, the Minister or Ministers to whom it is transferred,

and any reference to a function of a Minister shall, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, be construed as a reference to his share in that function.

2Transfer of certain functions involving territorial Secretaries of State

(1)

Any function of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales under an enactment mentioned in the Schedule is hereby transferred to the Minister of Agriculture, Fisheries and Food.

(2)

Any function of the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales under the Industrial Organisation and Development Act 1947f1 which is exercisable by him by virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 or the proviso to section 1(2) of the Act of 1947 is hereby transferred to the Minister of Agriculture, Fisheries and Food.

(3)

Any function of the Secretary of State or the Secretary of State for Wales which is exercisable by him under section 34(2) or 61 of the Agriculture Act 1967f2 by virtue of the Transfer of Functions (Wales) Order 1969 or the Transfer of Functions (Wales) (No. 1) Order 1978 is hereby transferred to the Minister of Agriculture, Fisheries and Food.

(4)

Any function of the Secretary of State for Scotland under paragraph 1(2) of Schedule 9 to the Deregulation and Contracting Out Act 1994f3 is hereby transferred to the Minister of Agriculture, Fisheries and Food.

(5)

For the purposes of paragraphs (1) to (4)–

(a)

the references to any function of the Secretary of State do not include any function of a named Secretary of State (however described), and

(b)

the references to the Secretary of State for Scotland and the Secretary of State for Wales include references to the Secretary of State concerned with agriculture in Scotland and the Secretary of State concerned with agriculture in Wales respectively.

(6)

Any function under the Food Safety Act 1990f4 which is exercisable by the Minister of Agriculture, Fisheries and Food jointly with the Secretaries of State respectively concerned with health in England and food and health in Wales is hereby transferred to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly.

(7)

This article is subject to article 3.

3Exception from article 2 for EC functions

Article 2 shall not apply in relation to any function of a Minister which is exercisable by him by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 1998 or section 57(1) of the Scotland Act 1998.

4Transfer of property, rights and liabilities

All property, rights and liabilities to which the transferor is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are hereby transferred to the transferee.

5Supplementary and consequential

(1)

Any reference in this Order to a function of a Minister under an enactment includes a reference to the functions of that Minister under any scheme, regulations, Order in Council, order, bye-laws or similar instrument having effect under or in relation to that enactment.

(2)

This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.

(3)

Anything (including any legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to anything transferred by this Order, be continued by or in relation to the transferee.

(4)

Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the transferee in so far as that is required for continuing its effect after the coming into force of this Order.

(5)

Subject to paragraph (6), any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order, as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to the transferee or his department or officers, as the context may require.

(6)

Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order of, or in connection with, a share of any function which is exercisable jointly with the transferee (with or without others) or is otherwise shared with the transferee (with or without others), as if any references (including references which are to be construed as such references) to the transferor and the transferee or to their departments or officers were references to the transferee or to his department or officers, as the context may require.

(7)

In this article “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.

Signature

A. K. Galloway

Clerk of the Privy Council

ENACTMENTS CONFERRING FUNCTIONS TRANSFERRED BY ARTICLE 2(1)

  • Corn Returns Act 1882f1.

  • Section 5(2) of the Corn Sales Act 1921f2.

  • Sections 1, 2 and 10 of the Destructive Imported Animals Act 1932f3.

  • Sections 1(4) and 32 of the Hill Farming Act 1946f4.

  • Sections 13 and 16 of, and Schedule 1 to, the Agricultural Wages Act 1948f5.

  • Protection of Animals (Anaesthetics) Act 1954f6.

  • Agriculture Act 1957f7.

  • Part I of the Agricultural Marketing Act 1958f8.

  • Horticulture Act 1960f9.

  • Plant Varieties and Seeds Act 1964f10.

  • Agriculture and Horticulture Act 1964f11.

  • Cereals Marketing Act 1965f12.

  • Part I, and sections 58, 60 and 65, of the Agriculture Act 1967f13 (except for paragraph 9(2)f14 of Part II of Schedule 1 so far as it relates to any function originally exercisable by the Minister of Labour).

  • Slaughter of Poultry Act 1967f15.

  • Sections 2, 3 and 5 of the Agriculture (Miscellaneous Provisions) Act 1968f16.

  • Part IV (except for section 78(10)), and section 108, of the Agriculture Act 1970f17.

  • Sections 17(2) and 19 of the Agriculture (Miscellaneous Provisions) Act 1972f18.

  • Section 6 of the European Communities Act 1972f19.

  • Sections 29 to 31 of the Rent (Agriculture) Act 1976f20.

  • Bees Act 1980f21.

  • Animal Health Act 1981 (except for section 57(1))f22.

  • Agricultural Marketing Act 1983f23 (except for sections 6(3)(a) and 7 and paragraphs 10 and 11 of Schedule 1).

  • Pig Industry Levy Act 1983f24.

  • Sections 68, 69 and 69A of the Food Act 1984f25.

  • Section 3 of the Horticultural Produce Act 1986f26.

  • Sections 1(4), 6 and 9 of the Agriculture Act 1986f27.

  • Farm Land and Rural Development Act 1988f28.

  • Parts I and III of the Agriculture Act 1993f29.

  • Plant Varieties Act 1997f30.

Explanatory note

(This note is not part of the Order)

This Order transfers the roles of the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State in the exercise of certain functions relating to agriculture and food to the Minister of Agriculture, Fisheries and Food. Its purpose is to transfer functions which are in practice exercised by the Secretary of State for Scotland or the Secretary of State for Wales and which have become unnecessary following the devolution of functions to the Scottish Parliament and Executive and to the National Assembly for Wales.

Articles 4 and 5 contain provisions which are supplementary to, or consequential on, the main provisions of the Order.