Statutory Instruments of the Scottish Parliament

"the 1999 Act" means the Food Standards Act 1999;

"instrument" means any instrument, other than any statutory instrument, having effect in Scotland and relating to a transferred function, issued or made by or on behalf of one or more Ministers of the Crown or the Scottish Ministers (or any of them jointly), including-

(a) schemes and byelaws;

(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; and

"transferred function" means any function-

(a) of the Scottish Ministers transferred to the Agency under or by virtue of the 1999 Act; or

(b) exercisable by the Agency after the coming into force of these Regulations by virtue of regulations 3 to 12(1) below,

" "the Agency" means the Food Standards Agency;".

     2. In regulations 9(c) and 13(4) for the words "the Secretary of State" there is substituted the words "the Agency".

" "the Agency" means the Food Standards Agency;".

     2. For regulation 17 there is substituted-

     " 17. Every food authority shall provide the Agency with such information relating to the execution of its duties under these Regulations as the agency may from time to time require."

(a) for the words "The appropriate Minister" there is substituted the words "The food authority"; and

(b) for the words "he is satisfied" there is substituted the words "it is satisfied".

    (2) In regulation 6(2)-

(a) for the words "The appropriate Minister" there is substituted the words "The food authority"; and

(b) for the words "his decision" there is substituted the words "its decision".

" "the Agency" means the Food Standards Agency;".

     2. For paragraph (2) of regulation 4, there is substituted the following-

    " (2) The Scottish Ministers shall enforce and execute the Community provisions referred to in sub-paragraph (a) of the definition of "Community provisions" in regulation 2(1) in so far as they do not relate to the matters to which paragraph (1) of this regulation relates.

    (2A) The Agency shall enforce and execute the Community provisions referred to in sub-paragraph (b) of the definition of "Community provisions" in regulation 2(1) in so far as they do not relate to the matters to which paragraph (1) of this regulations relates."

     3. In regulation 5-

(a) after the words "Community provision", in both places where they occur, there is inserted the words "covered by regulation 4(2) or (2A)"; and

(b) for the words "of the Minister", in both places where they occur, there is substituted the words "of the Scottish Ministers or the Agency as appropriate".

     4. For regulation 6 there is substituted the following-

     " 6. If so requested by notice in writing served on him by or on behalf of the Minister or the Agency, any person carrying on any activity regulated by any Community provision referred to in regulation 4(2) or (2A) shall keep or cause to be kept such records as the Scottish Ministers or, as the case may be, the Agency, may reasonably require for the purpose of enforcing or executing any such provision and shall provide the Scottish Ministers or, as the case may be, the Agency, with such records as they or it may from time to time require.".

     5. In regulation 8(1)(a) for the words "to him by an authorised officer of the Minister or of a food authority" there is substituted the words "of him".

(a) after the definition of "additive" there is inserted the following definition-

" "the Agency" means the Food Standards Agency;"; and

(b) the definition of "the Minister" is deleted.

     2.  - (1) In the provisions specified in sub-paragraph (2) below, for the words "the Minister", "him" and "it" wherever they occur in each of those provisions, there is substituted the words "the Agency", "it" and "the competent body" respectively.

    (2) The provisions referred to in sub-paragraph (1) above are regulations 10, 17, 24 and 31.

     3.  - (1) In the provisions specified in sub-paragraph (2) below, for the words "the Minister", wherever they occur in each of those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 33(1), 34(1), 34(2), 35(1), 35(3) and 35(5).

     4. In regulations 35(4) and 36(2), for the words "the Minister", "he" and "him", wherever they occur in each of those provisions, there is substituted the words "the Agency", "it" and "it" respectively.

     5. In regulations 36(1) and 37(1) and (2), for the words "the Minister" and "he", wherever they occur in each of those provisions, there is substituted the words "the Agency" and "it" respectively.

     6. For regulation 38 there is substituted-

" Obligation of competent bodies to supply certain information to the Food Standards Agency
     38. Where any competent body comes into possession of information which it considers will assist the Agency to exercise its functions under regulations 36 and 37, the competent body shall as soon as possible provide that information to the Agency in writing.".

     7. In regulation 39, in the definitions of "approved third country establishment", "eligible person" and "registered third country establishment", for the words "the Minister", wherever they occur in each of those definitions, there is substituted the words "the Agency".

(a) after the definition of "the Act" there is inserted the following definition-

" "the Agency" means the Food Standards Agency;"; and

(b) the definition of "the Minister" is deleted.

     2.  - (1) In regulations 4(13) and 6(6), for the words "the Minister", wherever they occur in each of those provisions, there is substituted the words "the Agency".

     3. For regulation 14 there is substituted-

     " 14. Every competent authority shall provide the Agency, in writing, such information as is available to it and will assist the Agency to comply with the requirements of Article 22 of Directive 95/53."

" "the Agency" means the Food Standards Agency;".

     2.  - (1) In regulations 4(1), (2) and (4) and 5(1)(a), for the words "the Scottish Ministers" wherever they occur in each of those provisions, there is substituted the words "the Agency".

     3. In regulation 4(4) for the words "as they may request" there is substituted the words "as it may request".

(a) after the definition of the "Act" there is inserted the following definition-

" "the Agency" means the Food Standards Agency;"; and

(b) in the definition of "designated bivalve production area", for the words "the Ministers" there is substituted the words "the Agency".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below, for the words "the Ministers", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are-

(a) regulations 3(1) and (3), 4, 5(1) and (2), 6(1), 7(3) and (4), 11(4)(b) and (5), 12(2)(b) and (3), 14(2) and (4), 22(4) and 28(4)(c);

(b) in Schedule 2, paragraphs 4 and 12 of Section III of Chapter IV, paragraph 1(a) of section IV of Chapter IV and paragraph 8 of Chapter V; and

(c) in Schedule 3, paragraph 3B(2) of Section II of Chapter V.

    (3) In regulation 3(2) for the words "Ministers have" there is substituted the words "Agency has".

     3. In regulations 6(2) and 52(1), for the words "the Ministers" and "them", wherever they occur in each of those provisions, there is substituted respectively the words "the Agency" and "it".

     4. In regulation 52(2)(b)-

(a) for the words "the Ministers", where they first occur, there is substituted the words "the Agency"; and

(b) for the words "the Ministers require the food authority to undertake on their behalf" there is substituted the words "the Agency requires the food authority to undertake on its behalf".

     5. In regulation 52(3)-

(a) for the words "the Ministers" there is substituted the words "the Agency"; and

(b) for the words "assigned to them" there is substituted the words "assigned to it or, as the case may be, them".

     6. In paragraph 5 of Chapter III of Schedule 2, for the words "the Minister" there is substituted the words "the Agency".

     7. In paragraph 1 of Chapter VI of Schedule 2-

(a) for the words "the Ministers" there is substituted the words "the Agency"; and

(b) for the words "their" there is substituted the words "its".

    " (3) In these Regulations "the Agency" means the Food Standards Agency;".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(1) and (2), 7, 8(3), 9(1)(c), 11(3)(d), (4) and (5), 12(3) and 18(1)(a) and (6).

" "the Agency" means the Food Standards Agency;".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are the definition of "approval authority" in regulation 2(1) and regulation 22.

     3. For regulation 19(2) there is substituted the following-

    " (2) The Agency shall be responsible for the supervision of, and the execution and enforcement of, these Regulations in relation to combined premises and shall be responsible through authorised officers for checks under Part IV of Schedule 2 in combined premises.".

" "the Agency" means the Food Standards Agency;".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are the definition of "OVS" in regulation 2(1), and regulations 4(1), (2), (3), (4) and (6A) to (10), (11)(b)(i) and (ii), (12) and (13), 5(1), (1)(a) and (e), (2) and (3), 6(1), (3) and (4), 8(1), (2) and (3), 9(1), (2) and (4), 11(1), 12(1), (2), (3) and (5), 13(3)(b), 19(1) and (2), 20(1)(d), 21(2)(b) and (3) and paragraph 1(b) of Part I of Schedule 6, paragraphs 13 and 14 of Part IX of Schedule 10, paragraph 2(d) of Schedule 14, paragraph 2 of Schedule 16 and paragraphs 2(3), 3 and 4 of Schedule 21.

    (3) In regulation 6(1), for the words "the Minister's" there is substituted the words "the Agency's".

     3. In the definition of "veterinary officer" in regulation 2(1), for the words "the Minister of Agriculture, Fisheries and Food" there is substituted the words "the Agency".

     4.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "him", where that word this relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 4(2) and 5(1).

     5.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "his", where that word relates to "the Minister", there is substituted the word "its".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 4(4) and (5), (12), 5(2)(a) and 9(4).

     6.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "he", where that word this relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 4(2)(a)(i) to (vi), (b) and (5), 5(1), 9(2) and 12(2).

     7. In paragraph 2(1) of Schedule 21 for the words "the appropriate Minister" there is substituted the words "the Agency".

     8. For regulation 23 that is substituted-

     " 23. These Regulations shall be enforced and executed in Scotland by the Agency."

(a) after the definition of "the Act" there is inserted the following definition-

" "the Agency" means the Food Standards Agency;";

(b) in the definition of "licensed", for the words "the Minister" there is substituted the words "the Agency";

(c) in the definition of "official veterinary surgeon" for the words "the Minister" there is substituted the words "the Agency"; and

(d) in the definition of "veterinary officer" for the words "the Minister of Agriculture, Fisheries and Food" there is substituted the words "the Agency".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(4)(c), 4(2), (3) and (4), (6) to (9), 5(1), (2) and (4), 6(1), (3) and (4), 8(1), (2) and (4), 9(1) to (3), 11(1), (3), (4) and (5), 12(1), 13(1) to (3), 16(3) and (4), 17(2), 18(1)(d) and (e)(iii), (3), 20(2)(b) and (3), 21, 22 and paragraphs 5, 7(a) and 14 of Schedule 7, paragraph 8(b)(iv) of Schedule 11, paragraphs 2(1) to (3), 3 and 4 of Schedule 15 and paragraph 3 and 4(d) of Schedule 16.

     3. In regulation 4(2) for the word "him", where that word relates to "the Minister", there is substituted the words "the Agency".

     4.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "his", where that word relates to "the Minister", there is substituted the word "its".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 4(4), 5(2) and 11(5).

     5. In regulations 9(2) and 13(2) for the word "he", where that word relates to "the Minister", there is substituted the words "the Agency".

     6.  - (1) For regulation 23(1) there is substituted-

    " (1) Subject to paragraph (2) below, these Regulations shall be enforced and executed by the Agency in Scotland".

    (2) Regulation 23(3) is deleted.

" "the Agency" means the Food Standards Agency;".

     2. In regulation 3(3) for the words "the Minister or any Secretary of State" there is substituted the words "the Agency".

     3. For regulation 12 there is substituted the following-

    " (12) These Regulations shall be enforced and executed in Scotland-


(a) in relation to premises licensed under the Hygiene Regulations, by the Agency; and

(b) in any other case, by each food authority within its area."

     4. In regulation 13 for the words "the Minister" there is substituted the words "the Agency".

(a) after the definition of "the Act" there is inserted the following definition-

" "the Agency" means the Food Standards Agency;";

(b) in the definition of "licensed" for the words "the Minister" there is substituted the words "the Agency";

(c) in the definition of "OVS" for the words "the Minister" there is substituted the words "the Agency"; and

(d) in the definition of "veterinary officer", for the words "the Minister of Agriculture, Fisheries and Food" there is substituted the words "the Agency".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(2), (3), (4), (6) and (7), 4(1), (2) and (4), 5(1), (3) and (4), 6(1), (2) and (4), 7(1), (2) and (3), 9(1), (3), (4) and (5), 10(1), 11(1), (2) and (3), 14(1) and (2), 15(1)(d) and (3), 16(2)(b) and (3), paragraph 3(b)(iv) of Schedule 7 and paragraphs 2(1) to (3), 3 and 4 of Schedule 12.

     3.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "him", where that word relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(2), 4(1), 6(2) and 9(3).

     4.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "his", where that word relates to "the Minister", there is substituted the word "its".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(4), 4(2), 7(3) and 9(5).

     5.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "he", where that word relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(2), 4(1), 7(2), 9(4) and 11(2).

     6. For regulation 18 that is substituted-

     " 18. These Regulations shall be enforced and executed by the Agency in Scotland."

(a) after the definition of "the Act" there is inserted the following-

" "the Agency" means the Food Standards Agency;"; and

(b) in the definition of "approval authority" for the words "the Minister" there is substituted the words "the Agency".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 10 and 12(1), (2) and (3).

" "the Agency" means the Food Standards Agency;".

     2. In regulation 4(1) and (2), for the words "the Minister" there is substitutedthe words "the Agency".

     3. In regulation 5(2), after the words "the Minister" there is inserted the words "the Agency".

     4. For regulation 7 there is substituted-

     " 7. In premises in Scotland licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 these Regulations shall be enforced and executed by the Agency and, in any other premises in Scotland, shall be enforced and executed by the food authority in whose area those premises are situated."

     5. In Part II of Schedule 1-

(a) in paragraph 1, for the words "the Minister" there is substituted the words "the Agency"; and

(b) in paragraph 5, for the words "the Minister" there is substituted the words "the Agency".

" "the Agency" means the Food Standards Agency;".

     2. In regulation 10(1) for the words "the Scottish Ministers" there is substituted the words "the Agency".

" "the Agency" means the Food Standards Agency;".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are the definition of "listed premises" in regulation 2(1) and regulations 9(1) to (5), 15(7) and (8), 16(4), 16A(4) and 18(5).

     3. In regulation 6-

(a) for paragraph (1) there is substituted the following-

    " (1) The Scottish Ministers may, on application, approve any premises for the purposes of Part VI of these Regulations (transport and disposal of specified risk material) if they are satisfied that the premises-


(a) are properly equipped to carry out the functions to which the approval relates; and

(b) comply with the requirements of that Part of these Regulations.



    (1A) The Agency may, on application, authorise or register any premises for the purposes of Parts II (restrictions on use of specified risk material and vertebral column of ruminant animals), IV (prohibitions on the removal of certain specified risk materials for ruminant animals) or V (particular requirements in relation to sheep and goats) of these Regulations if it is satisfied that the premises-



(a) are properly equipped to carry out the functions to which the authorisation or registration relates; and

(b) comply with the requirements of that Part of these Regulations to which authorisation or registration relates."; and



(b) in paragraph (3) for the words "the Minister" there is substituted the words "the Scottish Ministers or, as the case may be, the Agency".

     4.  - (1) Where in any of the provisions specified in sub paragraph (2) below the words "him", "his" or "he", where these words relate to "the Minister", occurs there is substituted the words "the Agency", "its" or "the Agency" respectively.

    (2) The provisions referred to in sub-paragraph (1) above are regulations 9(4) and (5), 15(7) and 26(1).

     5. For regulation 31(1) there is substituted-

    " (1) These Regulations shall be enforced in Scotland-


(a) in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 by the Agency; and

(b) in relation to any other premises by the food authority in whose area the premises are situated.".

(a) in the definitions of "accounting period" and "agreed PIA costs" for the words "the Minister" there is substituted the words "the Agency"; and

(b) after the definition of "accounting period" there is inserted the following definition-

" "the Agency" means the Food Standards Agency;".

     2.  - (1) For regulation 3(4) there is substituted-

    " (4) Any charge notified to an occupier under paragraph (1), (2) or (3) above shall be payable by him to the Scottish Ministers and shall be recoverable on demand by the Scottish Ministers, or by the Agency acting on their behalf, as a debt from the occupier concerned.".

    (2) For regulation 3(10) there is substituted-

    " (10) Where, under paragraph (3)(b) or (5) above a sum is to be credited to an occupier, the Scottish Ministers, or the Agency acting on their behalf, may if they so determine pay such sum to the occupier concerned instead of crediting it to him.".

     3.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(1), (2), (3) and (5), 4(1) and paragraphs 4(a)(ii), (b) and (b)(ii), 13, 14(b), 16 and 17(1)(a) of the Schedule.

     4.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "him", where that word relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(2) and (3) and 4(1)(b) and paragraph 13 of the Schedule.

     5.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "he", where that word relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(2) and (3).

(a) the following definition shall be inserted in the appropriate alphabetical position-

" "the Agency" means the Food Standards Agency;"; and

(b) in the definitions of "SRM charge" and "SRM inspector" for the words "the Minister" there is substituted the words "the Agency".

     2. For regulation 3(2) there is substituted-

    " (2) As soon as the SRM charge has been notified to an occupier in accordance with paragraph (1) above, both the occupier and the owner of the establishment in respect of which the charge arose shall be jointly and severally liable for the amount of that charge to the Scottish Ministers and that charge shall be recoverable by the Scottish Ministers, or by the Agency acting on their behalf, as a debt."

     3.  - (1) In each of the provisions specified in sub-paragraph (2) below for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulations 3(1) and (3) and 4(1) and paragraphs 2, 3(b) and 5 of the Schedule.

     4.  - (1) In each of the provisions specified in sub-paragraph (2) below for the word "him", where that word relates to "the Minister", there is substituted the words "the Agency".

    (2) The provisions referred to in sub-paragraph (1) above are regulation 4(1)(b) and paragraph 2 of the Schedule.

" "the Agency" means the Food Standards Agency;".

     2. In regulation 13(1) and (3) for the words "the Secretary of State" and "appears to him" wherever they appear there is substituted the words "the Agency" and "appears to it", respectively.

" "the Agency" means the Food Standards Agency;"

     2.  - (1) In regulation 3(1)(a) the words "by the Minister of Agriculture, Fisheries and Food" to the end of that sub-paragraph are deleted and there is substituted the words "the Scottish Ministers and the Agency in relation to Scotland".

    (2) For paragraph (2) of regulation 3 there is substituted the following-

    " (2) Subject to paragraph (4) below where the Scottish Ministers are satisfied that a local authority in Scotland is failing or has failed to execute or enforce these Regulations, either generally or in any individual case or in any class of case, they may, after giving notice to that authority, direct that the duty to enforce or execute these Regulations in respect of the failure specified in the notice shall be discharged by the Scottish Ministers or by the Agency on their behalf.".

    (3) In paragraph (3) of regulation 3, for the words "The Minister" there is substituted the words "The Scottish Ministers, or the Agency on their behalf,".

    (4) After paragraph (4) of regulation 3 there is inserted the following-

    " (4A) Subject to paragraph (4B) below, the Agency may direct, in relation to cases of a particular description, or a particular case, that these Regulations shall be executed and enforced by the Agency instead of the local authority, or jointly by the Agency and the local authority.

    (4B) The Agency shall not issue a direction under paragraph (4A) above to a local authority, in relation to any case or description of case, where a direction has been issued to the authority in respect of the case or description of case by the Scottish Ministers, under paragraph (2) above."; and

    (5) Paragraph (5) of regulation 3 is deleted.

     3.  - (1) After regulation 4(1) there is inserted the following-

    " (1A) The Agency, after consulting the Scottish Ministers, may also exercise the power to give directions under paragraph (1) above either jointly with the Scottish Ministers or alone."

    (2) For regulation 4(3) there is substituted-

    " (1) Any person who, pursuant to article 4.1 of Regulation (EC) No. 258/97 ("258/97") of the European Parliament and of the Council, concerning novel foods and novel food ingredients, and regulation 3(1) of the Novel Foods and Novel Food Ingredients Regulations 1997 (requests relating to novel foods or novel food ingredients and deregulation of food assessment body), submits to the Food Standards Agency, a request relating to a novel food or a novel food ingredient, shall, at the time he submits that request, pay to the Food Standards Agency, in connection with the services provided by it, acting as the food assessment body for the purposes of 258/97, the appropriate fee prescribed in regulation 4 below.".

     3. Regulation 3(2) is deleted.

(a) after the definition of "the Act" there is inserted the following-

" "the Agency" means the Food Standards Agency;"; and

(b) in the definition of "licensing authority", for sub-paragraph (b) there is substituted the following sub-paragraph-


" (b) in relation to premises in Scotland, the Agency,".

     2. In Schedule 2-

(a) in paragraph 1, for the words "the appropriate Ministers" there is substituted the words "the Agency";

(b) paragraph 1(2)(a) is deleted;

(c) in paragraphs 2(1) and (2)-


(i) for the words "the appropriate Ministers", wherever they occur in those provisions, there is substituted the words "the Agency"; and

(ii) for the words "they are", wherever they occur in those provisions there is substituted the words "it is"; and



(d) in paragraph 2(3)-



(i) for the words "the appropriate Ministers cease" there is substituted the words "the Agency ceases"; and

(ii) for the word "they" there is substituted the word "it".

    " (3) Each port health authority or food authority shall give such assistance and information to the Scottish Ministers and the Food Standards Agency, as they may request, for the purposes of their duties under section 13 of the Act."

    " (2) Each food authority shall give such assistance and information to the Scottish Ministers or the Food Standards Agency, as they may request, for the purposes of their duties under section 13 of the Act in connection with the Order."

" "the Agency" means the Foods Standards Agency;";

     2. In articles 4(1), (2) and 5(1)(a), for the words "the Scottish Ministers", wherever they occur, there is substituted the words "the Agency".

     3. In article 4(3)-

(a) for the words "the Scottish Ministers" there is substituted the words "the Agency"; and

(b) for the words "as they may request" there is substituted the words "as it may request".

" (m) the Food Standards Agency, in the case of all prescribed processes designated for central control which will be carried on in Scotland.".

" "the Agency" means the Food Standards Agency;".

     2.  - (1) In each of the provisions specified in sub-paragraph (2) below, for the words "the Minister", wherever they occur in those provisions, there is substituted the words "the Agency, on behalf of the Scottish Ministers,".

    (2) The provisions referred to in sub-paragraph (1) above are paragraphs 5(1), (4), 8, 9(1), 10 and 11(1) of Schedule 1.

    (3) In paragraphs 5(2) and 6(2) of Schedule 1, for the words "the Minister" there is substituted the words "The Agency, acting on behalf of the Scottish Ministers,".

     3. In paragraph 4(1)(a) of Schedule 1, after the words "the Minister" there is inserted the words "or the Agency, on behalf of the Scottish Ministers,".

     4.  - (1) In paragraph 5(1) of Schedule 1, for the word "he", where this relates to "the Minister", there is substituted the words "the Agency".

    (2) In paragraph 5(1)(a) of Schedule 1, for the word "his", where this relates to "the Minister", there is substituted the word "the Agency's".

    (3) In paragraph 9(1)(a) and (b) of Schedule 1, the words "he is" are deleted.

    (4) In paragraph 10 of Schedule 1, for the words "as he may determine" there is substituted the words "as the Scottish Ministers may determine".

    (5) In paragraph 11(1) of Schedule 1, for the word "he", where this relates to "the Minister", there is substituted the words "he or the Agency".

" "the Agency" means the Food Standards Agency;".

     2. In regulation 14(1), (2) and (3), for the words "the Minister", wherever they occur, there is substituted "the Scottish Ministers, or the Agency on their behalf,".

(a) after the definition of "the Act" there is added the following definition-

" "the Agency" means the Food Standards Agency;"; and

(b) the definition of "the Minister" is deleted.

     2.  - (1) In regulations 4(1)(d)(i), (2) and (6) and paragraphs 1, 4 and 6 of Part II to Schedule 1, for the words "the Minister", wherever they occur, there is substituted the words "the Agency".

    (2) For regulation 4(3) and (4) there is substituted-

    " (3) Where the relevant authority in Scotland decides either not to grant or to withdraw recognition of a water for the purposes of Article 1 the person who exploits the relevant spring, or if different, the person who owns land on which the relevant spring is situated, may apply to the Agency for a review of that decision.

    (4) Upon an application for review of a decision being made pursuant to paragraph (3) above the Agency shall make such inquiry into the matter as may seem to it appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority to grant or restore, as appropriate, recognition of the water in question for the purposes of Article 1, and in the case of such a direction the relevant authority shall thereupon comply with the said direction."