TRANSFER OF FUNCTIONS (FOOD AND DRUGS) ORDER, 1948.

JurisdictionUK Non-devolved

1948 No. 107

FOOD AND DRUGS

9. Transfer of Functions

[See also the title "Ministers of the Crown (Transfer of Functions)"].

THE TRANSFER OF FUNCTIONS (FOOD AND DRUGS) ORDER, 1948.

26thJanuary 1948

27thJanuary 1948

1stMarch 1948

At the Court at Buckingham Palace, the 26th day of January, 1948.

PRESENT,

The King's Most Excellent Majesty in Council.

9 & 10 Geo.6. c. 31.

His Majesty, in pursuance of sub-section (1) of Section One of the Ministers of the Crown (Transfer of Functions) Act, 1946, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—

Short title, interpretation, commencement and extent.

1.—(1) This Order may be cited as the Transfer of Functions (Food and Drugs) Order, 1948.

(2) In this Order the following expressions have the meanings hereby assigned to them respectively, that is to say—

26 Geo. 5 and 1 Edw. 8. c. 49.

"The Act of 1936" means the Public Health Act, 1936, as incorporated in the Food and Drugs Act, 1938, by Section Ninety-six of the last-mentioned Act,

1 & 2 Geo. 6. c. 56.

7 & 8 Geo. 6. c. 29.

52 & 53 Vict. c. 63.

"The Act of 1938" means the Food and Drugs Act, 1938, and

"The Act of 1944" means the Food and Drugs (Milk and Dairies) Act, 1944;

and the Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(3) This Order shall come into operation on the First day of March, Nineteen hundred and forty-eight.

(4) This Order shall not extend to Scotland.

Regulations as to importation, storage, preparation and sale of food, Bread and Flour Regulations, and regulations as to analysis.

2. There are hereby transferred to the Minister of Health and the Minister of Food, acting jointly,—

(a) the power of the Minister of Health to make Regulations under Section Eight of the Act of 1938 (which provides for regulating the importation, storage, preparation and sale of food) and under Section Thirty of that Act (which provides for the making of Bread and Flour Regulations);

(b) the functions of the Minister of Health under sub-section (2) of Section Sixty-six of that Act (which provides that a person shall not be appointed a public analyst unless he possesses either qualifications prescribed by that Minister or such other qualifications as that Minister may approve);

(c) the functions of the Minister of Health under sub-section (3) of Section Sixty-nine of that Act (which provides for the giving of certificates of analysis in a form prescribed by that Minister): and

(d) the functions of the Minister of Health under sub-section (1) of Section Eighty-one of that Act (which provides that in any proceedings under that Act, the production of a certificate of a public analyst in the form prescribed by that Minister shall be sufficient evidence of the facts stated therein).

Milk and Dairies...

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