§ 68 — Saving and transitional provisions for amendments to Environmental Public Health Act 1987

68.—(1) Every licence, permit, approval or authorisation that —(a)

is granted, before 1 April 2019, under Part 4 or 9 of the Environmental Public Health Act 1987, by the Director‑General of Public Health; and

(b)

is in force on that date,

is, so far as it is not inconsistent with the provisions of the Environmental Public Health Act 1987 as amended by this Act, to continue as if, and is deemed to be, a licence, permit, approval or authorisation granted by the Director‑General, Food Administration under Part 4 or 9 (as the case may be) of the Environmental Public Health Act 1987 as amended by this Act.

(2) However, every licence, permit, approval or authorisation mentioned in subsection (1) lapses on the date it would have if the Environmental Public Health Act 1987 had not been amended by this Act, unless the licence, permit, approval or authorisation is earlier revoked or cancelled.

(3) Where —(a)

an application or other document is lodged for approval under Part 4 or 9 of the Environmental Public Health Act 1987 before 1 April 2019; and

(b)

the application or other document was not approved by the Director‑General of Public Health before that date,

the application or other document is, where applicable, deemed to be an application or a document lodged for approval with the Director‑General, Food Administration under the corresponding provisions in Part 4 or 9 of the Environmental Public Health Act 1987 as amended by this Act.

(4) Anything that has been started by the Director‑General of Public Health in connection with an application or a document under subsection (3) may be carried on and completed by the Director‑General, Food Administration under the corresponding provisions in Part 4 or 9 of the Environmental Public Health Act 1987 as amended by this Act.

(5) Every direction, notice, order or requirement affecting matters regulated under Part 4 or 9 of the Environmental Public Health Act 1987 that —(a)

is issued or given, before 1 April 2019, by the Director‑General of Public Health under the Environmental Public Health Act 1987; and

(b)

is in force immediately before that date,

is, so far as it is not inconsistent with the provisions of the Environmental Public Health Act 1987 as amended by this Act, to continue as if the Director‑General, Food Administration issued or gave the direction, notice, order or requirement under the Environmental Public Health Act 1987 as amended by this Act.

(6) Where an appeal has been made to the Minister responsible for environmental public health —(a)

under section 84 of the Environmental Public Health Act 1987 before 1 April 2019 against any notice, order or decision of the Director‑General of Public Health made under Part 4 or 9 of that Act; and

(b)

the appeal has not been dealt with or disposed of immediately before that date,

the appeal may continue to be dealt with in accordance with section 84 of the Environmental Public Health Act 1987 as if this Act had not been enacted.

(7) All subsidiary legislation made under Part 4 or 9 of the Environmental Public Health Act 1987 and in force immediately before 1 April 2019 continues in force as if made under the Environmental Public Health Act 1987 as amended by this Act until the subsidiary legislation is revoked under that Act as amended by this Act.

—(1) Every licence, permit, approval or authorisation that —(a)

is granted, before 1 April 2019, under Part 4 or 9 of the Environmental Public Health Act 1987, by the Director‑General of Public Health; and

(b)

is in force on that date,

is, so far as it is not inconsistent with the provisions of the Environmental Public Health Act 1987 as amended by this Act, to continue as if, and is deemed to be, a licence, permit, approval or authorisation granted by the Director‑General, Food Administration under Part 4 or 9 (as the case may be) of the Environmental Public Health Act 1987 as amended by this Act.

(2) However, every licence, permit, approval or authorisation mentioned in subsection (1) lapses on the date it would have if the Environmental Public Health Act 1987 had not been amended by this Act, unless the licence, permit, approval or authorisation is earlier revoked or cancelled.

(3) Where —(a)

an application or other document is lodged for approval under Part 4 or 9 of the Environmental Public Health Act 1987 before 1 April 2019; and

(b)

the application or other document was not approved by the Director‑General of Public Health before that date,

the application or other document is, where applicable, deemed to be an application or a document lodged for approval with the Director‑General, Food Administration under the corresponding provisions in Part 4 or 9 of the Environmental Public Health Act 1987 as amended by this Act.

(4) Anything that has been started by the Director‑General of Public Health in connection with an application or a document under subsection (3) may be carried on and completed by the Director‑General, Food Administration under the corresponding provisions in Part 4 or 9 of the Environmental Public Health Act 1987 as amended by this Act.

(5) Every direction, notice, order or requirement affecting matters regulated under Part 4 or 9 of the Environmental Public Health Act 1987 that —(a)

is issued or given, before 1 April 2019, by the Director‑General of Public Health under the Environmental Public Health Act 1987; and

(b)

is in force immediately before that date,

is, so far as it is not inconsistent with the provisions of the Environmental Public Health Act 1987 as amended by this Act, to continue as if the Director‑General, Food Administration issued or gave the direction, notice, order or requirement under the Environmental Public Health Act 1987 as amended by this Act.

(6) Where an appeal has been made to the Minister responsible for environmental public health —(a)

under section 84 of the Environmental Public Health Act 1987 before 1 April 2019 against any notice, order or decision of the Director‑General of Public Health made under Part 4 or 9 of that Act; and

(b)

the appeal has not been dealt with or disposed of immediately before that date,

the appeal may continue to be dealt with in accordance with section 84 of the Environmental Public Health Act 1987 as if this Act had not been enacted.

(7) All subsidiary legislation made under Part 4 or 9 of the Environmental Public Health Act 1987 and in force immediately before 1 April 2019 continues in force as if made under the Environmental Public Health Act 1987 as amended by this Act until the subsidiary legislation is revoked under that Act as amended by this Act.