Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/794

2002 No. 794

MINISTERS OF THE CROWN

The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002

Made 26th March 2002

Coming into force 27th March 2002

At the Court at Buckingham Palace, the 26th day of March 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas copies of the draft of this Order have been laid before Parliament in pursuance of section 5(1) of the Ministers of the Crown Act 19751, and each House has presented an Address to Her Majesty praying that the Order be made:

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

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002.

(2) This Order shall come into force on the day after the day on which it is made.

(3) Any provision of this Order for the transfer of functions of the Minister of Agriculture, Fisheries and Food acting alone to the Secretary of State or a named Secretary of State (however described) shall be construed, in relation to any of those functions so far as they are already exercisable concurrently with the Minister of Agriculture, Fisheries and Food by the Secretary of State acting alone or (as the case may be) the named Secretary of State acting alone, as providing that the functions shall cease to be exercisable by the Minister of Agriculture, Fisheries and Food; and references in this Order to functions transferred or to a transfer by the Order shall be construed accordingly.

(4) In determining for the purposes of this Order whether a share of a joint function is held by the Secretary of State or a named Secretary of State (however described), any transfer under the Transfer of Functions (Wales) Order 19692or the Transfer of Functions (Wales) (No. 1) Order 19783which was expressed to be a transfer to the Secretary of State, or to the Secretary of State and another person jointly, shall, irrespective of any supplementary provision in the Order, be treated as a transfer to, or (as the case may be) including a transfer to, the Secretary of State (and not a named Secretary of State).

(5) In this Order, unless the context otherwise requires, any reference to a function of, or exercisable by, a Minister or Ministers shall, in the case of a function which is exercisable by the Minister or Ministers jointly with another person or is otherwise shared by the Minister or Ministers with another person, be construed as a reference to the share of the Minister or Ministers in that function.

(6) In this Order any description in article 2(3) or (4)(c) or article 3(4), (6), (9)(c) or (10)(c) of a function to be transferred does not, so far as it refers to a function of, or exercisable by, the Secretary of State, include a reference to a function of, or exercisable by, a named Secretary of State (however described); and article 6(6), (7) and (8) do not apply in relation to a transfer to a named Secretary of State and the other references in article 6(7) and (8) to the Secretary of State also do not include references to a named Secretary of State.

(7) In this Order “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.

(8) In this Order—

“the transferor” means—

(a) in relation to anything transferred by article 2(3), (4)(c) or (d) or (5) or article 3(4), (5), (6), (7), (8), (9)(c), (10)(c) or (11), the Minister of Agriculture, Fisheries and Food and the Minister or Ministers concerned, or any of them;

(b) in relation to anything transferred by article 2(4)(b), 3(9)(b) or (10)(b) or 4(2), the Minister concerned; and

(c) in any other case, the Minister of Agriculture, Fisheries and Food; and

“the transferee” means—

(a) in relation to anything transferred by article 2(5) or 3(4) or (11)(a) or (c), the Secretary of State for Environment, Food and Rural Affairs and the Minister or Ministers concerned, or (as the case may be) the Secretary of State for Environment, Food and Rural Affairs or the Minister or Ministers concerned;

(b) in relation to anything transferred by article 3(3), each Secretary of State having responsibility for any matters connected with the regulation of veterinary products;

(c) in relation to anything transferred by article 4(2), the Secretary of State to whom the transferred function is entrusted on the coming into force of this Order; and

(d) in any other case, the Secretary of State or (as the case may be) the Secretary of State for Environment, Food and Rural Affairs.

S-2 Dissolution of Ministry and general transfer of functions

Dissolution of Ministry and general transfer of functions

2.—(1) The Ministry of Agriculture, Fisheries and Food is hereby dissolved.

(2) Subject as follows, the functions of the Minister of Agriculture, Fisheries and Food are hereby transferred to the Secretary of State.

(3) Any function which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly is hereby transferred to the Secretary of State.

(4) Any function of—

(a)

(a) the Minister of Agriculture, Fisheries and Food;

(b)

(b) a named Secretary of State (however described);

(c)

(c) the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly; or

(d)

(d) the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly;

under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (3) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State.

(5) Subject to paragraphs (3) and (4), any function which is exercisable by the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs and the one or more named Secretaries of State acting jointly.

(6) Any function of the Minister of Agriculture, Fisheries and Food under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (5) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

(7) Paragraphs (2) to (6) do not apply so far as article 3 does apply.

S-3 Specific transfers of functions

Specific transfers of functions

3.—(1) Subject to paragraphs (4) and (7), any function of the Minister of Agriculture, Fisheries and Food—

(a)

(a) under the New Forest Act 19494, the New Forest Act 19645or the New Forest Act 19706;

(b)

(b) under section 19 of the Veterinary Surgeons Act 19667;

(c)

(c) under the Medicines Act 19688or the Medicines Act 19719(other than any function of laying a copy of a report under section 5(2) of the Act of 1968 and any function under section 108 of that Act);

(d)

(d) under paragraph 3 of Schedule 1 to the Poisons Act 197210;

(e)

(e) under section 51 of the Fair Trading Act 197311or any related provision of that Act;

(f)

(f) as “the Minister” under section 7 of the Agricultural Marketing Act 198312; or

(g)

(g) which is exercisable by virtue of section 265(3)(a) or (4) of the Town and Country Planning Act 199013;

is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

(2) Any function of the Minister of Agriculture, Fisheries and Food under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (1) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

(3) Any function of the Minister of Agriculture, Fisheries and Food under section 29 of the Food Standards Act 199914is hereby transferred to each Secretary of State having responsibility for any matters connected with the regulation of veterinary products.

(4) Any function under the New Forest Act 1949, the New Forest Act 1964 or the New Forest Act 197015which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions acting jointly.

(5) Any function under Schedule 1 to the Forestry Act 196716which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly is hereby transferred to the Secretary of State.

(6) Any function under section 2, 3 or 5 of the Agriculture (Miscellaneous Provisions) Act 196817which is exercisable by the Minister of Agriculture, Fisheries and Food, the Secretary of State and the Secretary of State for Wales acting jointly is hereby transferred to the Secretary of State.

(7) Any function under the Medicines Act 1968 or the Medicines Act 1971 which is exercisable, by the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with health in England acting jointly, by virtue of the definition...

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