Transitional arrangements for AVA financial statements, etc.
Open ↗67. The last members and the last Chief Executive of the Agri‑Food and Veterinary Authority remain responsible —(a)
for the preparation and submission of the financial statements in respect of the financial year (or part thereof) before the dissolution of the Agri‑Food and Veterinary Authority, to the last appointed auditor of that Authority;
(b)
to send, as soon as those accounts and financial statements have been audited in accordance with the provisions of the Public Sector (Governance) Act 2018, to the Minister last charged with the responsibility for the Agri‑Food and Veterinary Authority a copy of the audited financial statements, signed by the last Chairman and last Chief Executive of the Agri‑Food and Veterinary Authority; and
(c)
to cause to be prepared and transmitted to the Minister last charged with the responsibility for the Agri‑Food and Veterinary Authority, a report dealing generally with the activities of the Agri‑Food and Veterinary Authority during that financial year (or part thereof) containing such information relating to the proceedings and policy of the Authority as that Minister may direct.
Saving and transitional provisions for amendments to Environmental Public Health Act 1987
Open ↗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.
Saving and transitional provisions for amendments to various Acts
Open ↗69.—(1) Every licence, permit, approval or authorisation that —(a)
is granted, before 1 April 2019 under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) by the Director‑General, Agri‑Food and Veterinary Services appointed under section 3(1) of the Animals and Birds Act 1965; and
(b)
is in force on that date,
is, so far as it is not inconsistent with the provisions of the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) 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 that Act 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 Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) 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 the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999, before 1 April 2019, as the case may be; and
(b)
the application or other document was not approved by the Director‑General, Agri‑Food and Veterinary Services 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 the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as amended by this Act.
(4) Anything that has been started by the Director‑General, Agri‑Food and Veterinary Services 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 the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 as amended by this Act, whichever being applicable.
(5) Every direction, notice, order or requirement that —(a)
is issued or given, before 1 April 2019 by the Director‑General, Agri‑Food and Veterinary Services under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 and the Wholesome Meat and Fish Act 1999, respectively; and
(b)
is in force immediately before that date,
is, so far as it is not inconsistent with the provisions of those Acts 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 Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) as amended by this Act.
(6) Where an appeal has been made to the Minister responsible for animal health and welfare —(a)
under the Feeding Stuffs Act 1965, the Fisheries Act 1966, the Sale of Food Act 1973 or the Wholesome Meat and Fish Act 1999 (as the case may be) before 1 April 2019 against any notice, order or decision of the Director‑General, Agri‑Food and Veterinary Services made under any of those Acts; and
(b)
the appeal has not been dealt with or disposed of immediately before that date,
the appeal may continue to be dealt with by that Minister in accordance with those Acts as if this Act had not been enacted.
(7) Every direction, notice, order or requirement that —(a)
is issued or given, before 1 April 2019 by the Agri‑Food and Veterinary Authority under Part 2A of the Sale of Food Act 1973; and
(b)
is in force immediately before that date,
is, so far as it is not inconsistent with the provisions of the Sale of Food Act 1973 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 Sale of Food Act 1973 as amended by this Act.
Saving for amendments to Sale of Food Act 1973
Open ↗70. Section 30(3) and (4) of the Sale of Food Act 1973 continues to apply to and in relation to the following as if section 64(1)(n) had not been enacted:(a)
any food or any food contact article which was purchased or procured from any person (for test purposes) before 1 April 2019;
(b)
any offence under the Sale of Food Act 1973 committed before 1 April 2019.
Saving and transitional regulations
Open ↗71.—(1) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
(2) Nothing in this Part affects section 16 of the Interpretation Act 1965.
