This Statutory Instrument has been made in consequence of defects in S.I. 1992/2061 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1993 No. 235 (S.17)

FOOD

The Poultry Meat (Hygiene) (Scotland) Amendment Regulations 1993

Made

9th February 1993

Laid before Parliament

12th February 1993

Coming into force

5th March 1993

The Secretary of State, in exercise of the powers conferred on him by sections 4(1), 6(4), 16(1)(b), (c), (d) and (f), 19(1)(b), 26, 37(2), 48(1) of, and paragraph 2(1)(a) of Schedule 1 to, the Food Safety Act 1990((1)) and of all other powers enabling him in that behalf; being the Minister designated((2)) for the purposes of section 2(2) of the European Communities Act 1972((3)) in relation to the Common Agricultural Policy of the European Economic Community, in exercise (so far as is required for the amendment and revocation of regulations made under the said section 2(2)) of the powers conferred on him by the said section 2(2), and of all other powers enabling him in that behalf; after consultation in accordance with the said section 48 of the Act of 1990 with such organisations as appear to him to be representative of interests likely to be substantially affected by the Regulations (in so far as the Regulations are made in exercise of the powers conferred by the said sections of the said Act of 1990), hereby makes the following Regulations:

Citation, extent and commencement

1. These Regulations may be cited as the Poultry Meat (Hygiene)(Scotland)Amendment Regulations 1993 shall apply to Scotland only and shall come into force on 5th March 1993.

Revocation

2. Regulations 4(b), 5(a), 6, 11 and 12 of the Poultry Meat (Hygiene)(Scotland)Amendment Regulations 1992(4) are hereby revoked.

Amendments

3. The Poultry Meat (Hygiene)(Scotland)Regulations 1976(5) shall be amended in accordance with the following provisions of these Regulations.

4. In regulations 12, 14, 20, 21, 22 and 30 in each place where they occur for the words "local authority" there shall be substituted the words "food authority".

5. In regulation 3 (sale of poultry meat), in paragraphs (1)(a)(i) and (1)(b)(i)-

(a)for the words "licensed by a food authority" there shall be substituted the words "licensed by the Secretary of State"; and

(b)after the word "supervised" there shall be inserted "by a food authority".

6. In regulation 4(1) (exemptions), for the words "the food authority", in both places where they occur, there shall be substituted the words "the Secretary of State".

7. In regulation 11(2) (slaughterhouses and cutting premises to be licensed) for the words "the food authority" there shall be substituted the words "the Secretary of State".

8. In regulation 12(2) (licences and application for licences) for the words "sub paragraph (6)" there shall be substituted the words "paragraph (6)".

9. In regulation 16 (right to continue to use premises pending appeal) for the words "a food authority to cancel" there shall be substituted the words "the Secretary of State to refuse a licence or to revoke" and for the words "the food authority was given" there shall be substituted the words "the Secreatry of State was given".

10. In regulation 17 (temporary continuance of licence on death) for the words "the food authority" there shall be substituted the words "the Secretary of State".

11. In regulation 22 (validity of licences)-

(a)paragraph (2) shall be deleted; and

(b)in paragraph (4) the words "or a partnership" shall be inserted after the word "corporate".

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

St. Andrew's House,

Edinburgh

9th February 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Poultry Meat (Hygiene) (Scotland) Regulations 1976. They correct a drafting error in the Poultry Meat (Hygiene) (Scotland) Amendment Regulations 1992 which wrongly referred to a local authority and not to a food authority. They also make certain other minor amendments.

These Regulations will be made available free of charge to all those who can show that they have already bought or who subsequently buy the 1992 Regulations.

(1)

1990 c. 16; "the Minister" is defined in section 4(1) of the Act.

(2)

S.I. 1972/1811.

(3)

1972 c. 68.

(4)

S.I. 1992/2061.

(5)

S.I. 1976/1221, relevant amending instruments are S.I. 1979/768, 1981/1169, 1990/2625 and 1992/2061.