Transfer of Functions (Animal Health) Order, 1955

JurisdictionUK Non-devolved
CitationSI 1955/958
Year1955

1955 No. 958

MINISTERS OF THE CROWN

The Transfer of Functions (Animal Health) Order, 1955

30thJune 1955

5thJuly 1955

1stAugust 1955

At the Court at Holyroodhouse, the 30th day of June, 1955

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of the Ministers of the Crown (Transfer of Functions) Act, 1946(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, interpretation and commencement

1—(1) This Order may be cited as the Transfer of Functions (Animal Health) Order, 1955.

(2) The Interpretation Act, 1889(b), applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(3) In this Order "the Act" means the Diseases of Animals Act, 1950(c), "existing order" means an order or scheme made, or having effect as if made, in pursuance of powers conferred by the Act, or of those and other powers, and in force at the making of this Order, references to functions under existing orders are references to functions under such orders as then in force, and "the Minister" means the Minister of Agriculture, Fisheries and Food.

(4) This Order shall come into operation on the first day of August, 1955.

Functions transferred to Secretary of State and Minister acting jointly

2. Subject to the provisions of this Order, there are hereby transferred to the Secretary of State and the Minister acting jointly all functions of the Minister under the Act and under any existing order.

Functions transferred to -Secretary of State as respects Scotland and remaining with Minister as respects England and Wales

3.—(1) The following functions, that is to say:—

(a) all functions under the Act and any existing order in so far as exercisable in relation to brucellosis melitensis, epizootic abortion, tuberculosis and infestation of cattle with the maggot of the warble fly;

(a) 9 & 10 Geo. 6. c. 31.

(b) 52 & 53 Vict. c. 63.

(c) 14 Geo. 6. c. 36.

(b) all functions under the provisions of the Act specified in the First Schedule to this Order;

(c) all functions under such of the provisions of existing orders specified in the second column of the Second Schedule to this Order as are specified in the third column of that Schedule;

are hereby transferred to the Secretary of State in so far as conferred by the Act in its application to Scotland, by any existing order, extending to the whole of Great Britain, in its application to Scotland, or by any existing order applying only to Scotland or a part thereof.

(2) The functions specified in paragraphs (a) to (c) of the last foregoing paragraph shall remain functions of die Minister in so far as conferred by the Act in its application to England and Wales, by any existing order, extending to the whole of Great Britain, in its application to England and Wales or by any existing order extending only to England and Wales or a part thereof.

Supplementary functions transferred to Secretary of State

4.—(1) There are hereby transferred to the Secretary of State the functions of the Minister (relating to joint committees) under subsection (4) of section sixty-eight of the Act as that section applies to Scotland in accordance with subsection (6) of section eighty-six of the Act.

(2) There are hereby transferred to the Secretary of State the functions of the Minister under subsection (4) of section eighty-five of the Act (which relates to the publication of orders and other documents by local authorities) in so far as those functions are exercisable in relation to functions transferred by Article 3 of this Order.

Other functions not transferred from Minister

5.—(1) The functions specified in the Third Schedule to this Order shall remain functions of the Minister as respects the whole of Great Britain.

(2) In so far as exercisable in relation to functions under the Act and existing orders retained by the Minister by virtue of paragraph (2) of Article 3 of 'this Order or the last foregoing paragraph, the functions conferred by subsection (4) of section eighty-five of the Act shall remain functions of the Minister.

Detention of aircraft

6. There is hereby transferred to the Minister and the Secretary of...

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