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Lords Amendment 167: In page 122, line 44, at end insert:
11A. Section 114 of this Act shall have effect in relation to supplying any part of a sample in pursuance of the preceding paragraphs as it has effect in relation to the service of a document.
11 B. If, after reasonable inquiry the sampling officer is unable to ascertain the name of a person to whom, or the address at which, a part of a sample ought to be supplied in pursuance of the preceding paragraphs, he may retain that part of the sample instead of supplying it.
§ Mr. SnowI beg to move, That this House doth agree with the Lords in the said Amendment.
The new paragraph 11A fills a small gap in the provisions of the Bill. Under paragraphs 3 to 8 of Schedule 3, the sampling officer is under an obligation, after dividing a sample, to supply one part to the person who might broadly be regarded as the owner of the bulk from which the sample was taken. Personal delivery may, however, often not be practicable and the new paragraph applies to supply of a part of a sample the provisions of Clause 114, which permits the service of documents by post.
The new paragraph 11B deals with a related point. The part of a sample requiring to be supplied to a person cannot reasonably be sent to him if his name or address is unknown. This paragraph accordingly allows the sampling officer to retain the part-sample if, after reasonable inquiry, he is unable to ascertain the person's name or address. This provision will thus enable the sampling procedure to be used and the submission for analysis to be made even when the relevant person's name and address are unknown.
| "section (Supplementary provisions as to clinical trials and medicianal tests on animals), section (Supplementary provisions as to incorporation of substances and articles in animal feeding stuffs) and section 50(3)" |
§ Read a Second time.
§ Mr. SnowI beg to move, as an Amendment to the proposed Amendment, in line 4, leave out second "and" and insert "or".
Paragraph 6 of Schedule 4 enables the appropriate Northern Ireland Minister or
§ Both provisions parallel provisions in paragraph 10 of Schedule 7 to the Food and Drugs Act 1955.
§ Question put and agreed to.
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Lords Amendment No. 168: In page 123, line 37, leave out from "Schedule" to "and" in line 39 and insert:
(a) if they relate exclusively to the examination or analysis of veterinary drugs and are made by an enforcement authority in England and Wales other than the Minister of Agriculture, Fisheries and Food, shall be arrangements approved by that Minister;
(b) if in any other case they are made by an enforcement authority in England and Wales other than the Minister of Health, shall be arrangements approved by the Minister of Health;
(c) if they are made by an enforcement authority in Scotland other than the Secretary of State, shall be arrangements approved by the Secretary of State".
§ Mr. SnowI beg to move, That this House doth agree with the Lords in the said Amendment.
Paragraph 15 of Schedule 3 as it stands requires the approval of "the appropriate Minister" to any arrangements made by an enforcement authority for examination or analysis by someone other than a public analyst. The expression "the appropriate Minister" is, however, not defined. This Amendment spells out which Minister's approval is required.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.