§ 3.4 p.m.
§ The Minister of State, Ministry of Agriculture, Fisheries and Food (Baroness Trumpington)My Lords, I beg to move that the Commons amendments be now considered.
§ Moved, That the Commons amendments be now considered—(Baroness Trumpington.)
§ On Question, Motion agreed to.
1620§ COMMONS AMENDMENTS
§ [References are to Bill 75 as first printed for the Commons.]
§ 1Clause 1, page 1, line 17, leave out from 'fish' to end of line 18 and insert—
§ '(c) controlled drugs within the meaning of the Misuse of Drugs Act 1971; or
§ (d) subject to such exceptions as may be specified in an order made by the Ministers—
- (i) medicinal products within the meaning of the Medicines Act 1968 in respect of which product licences within the meaning of that Act are for the time being in force; or
- (ii) other articles or substances in respect of which such licences are for the time being in force in pursuance of orders under section 104 or 105 of that Act (application of Act to other articles and substances).'.
§ 2Page 2, line 31, leave out from beginning to 'the' in line 32.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 and 2. At the same time, I should like to speak to Amendments Nos. 22 and 23. Amendment No. 1 ensures that the controls on food and on medicines and drugs are clearly differentiated and that this does not leave products in a grey area between the two. Amendment No. 23 to Clause 54 is consequential. These amendments fulfil the undertaking which I gave to the House on Report on 12th February to come forward with an amendment on this point.
Amendment No. 2 clarifies the definition of drink in Clause 1 to ensure that all water from the point of supply is included in the scope of the Bill. Water up to the point of supply is of course covered by the Water Act 1989 and its regulations. Amendment No. 22 to Clause 54 ensures that the definition of article follows the same format as the main definition of food in Clause 1.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 1 and 2.—(Baroness Trumpington.)
§ Lord GallacherMy Lords, noble Lords on this side of the House welcome these amendments. They both clarify and strengthen the Bill. We are grateful to the Minister for explaining their purpose to us.
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 3 Clause 11, page 9, line 16, after 'court' insert 'by or before which he is so convicted'.
§
4 Page 10, line 8, at end insert—
'(8A) Where a magistrates' court or, in Scotland, the sheriff makes an order under section 12(2) below with respect to any food business, subsection (1) above shall apply as if the proprietor of the business had been convicted by the court or sheriff of an offence under regulations to which this section applies.'.
§ The Parliamentary Under-Secretary of State, Department of Health (Baroness Hooper)My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 3 and 4. These amendments are designed to clarify the closure powers in the Bill.
If a court has made an emergency prohibition order under Clause 12, the local authority is required 1621 to lift the prohibition once the imminent risk of injury to public health has been removed. The purpose of these amendments is to enable a court, once it has made an emergency prohibition order, to apply the provisions of Clause 11(1), as if the proprietor had been convicted of a food hygiene offence. This will enable a local authority to keep the prohibition in force until any risk of injury to public health has been removed.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 3 and 4.—(Baroness Hooper.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENT
§ 5Clause 13, page 12, line 15, leave out 'such'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 5. At the same time, I should like to speak also to Amendments Nos. 7, 27, 29, to 34 and 37 to 48. These are largely technical amendments which serve to clarify or tidy up the drafting of the Bill. I should just mention that they include the deletion of the privilege amendment, and also include amendments to be made to the 1984 Act to assist in the consolidation of provisions dealing with markets and sugar.
§ Moved, that the House do agree with the Commons in their Amendment No. 5—(Baroness Trumpington.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENT
§ 6Clause 14, leave out Clause 14.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 6. This amendment deletes from the Bill Clause 14 which your Lordships inserted at Report stage on 12th February. Clause 14 would allow a person aggrieved by an emergency control order under Clause 13, or an emergency order under Part I of the Food and Environment Protection Act 1985, to apply to a justice of the peace for compensation. Perhaps I may take this opportunity to congratulate my noble friend Lord Stanley of Alderley on his success in carrying the clause through your Lordships' House. His efforts have certainly ensured that the difficult questions raised by Clause 14 have received very careful consideration. However, as he knows, we cannot agree to this provision.
§ Moved, that the House do agree with the Commons in their Amendment No. 6.—(Baroness Trumpington.)
§ Lord Stanley of AlderleyMy Lords, I should like to say a few words at this point. First, I hoped that my noble friend would recognise that when these emergency provisions are brought into force very often great hardship is caused through no fault of the farmer or, as in a recent case, as noble Lords may remember, of the fishermen. I also hoped that my noble friend would be able to say that the 1622 Government would look sympathetically at what they could do to relieve the problem.
I fully accept that the Government have in the past, without any commitment, given some form of compensation. I hoped that my noble friend would be able to confirm that aspect of the matter. In my view the scare stories about which we hear and the problems that we regularly seem to face over food are encouraged by the media. Indeed, as noble Lords will know, only recently we had a very nasty case of fishermen catching lobsters when in fact they should have caught clams. Such cases are encouraged, I am sorry to say, by irresponsible media and at times academics. I wish that my noble friend could put both of them into intervention. I do not know whether that is possible. It might help us a great deal if she did.
I thank my noble friend. I am saddened. It is the first time in many years that I have had an amendment sent back from the other place without anything written into it. I hope that it is also the last time. Perhaps my noble friend will comment on the hardship problem.
§ Lord GallacherMy Lords, we supported the amendment moved by the noble Lord, Lord Stanley of Alderley, when it was before your Lordships' House on Report, and so I read with care what the Government had to say in the other place when they moved to delete the clause and, as the noble Lord has observed, put nothing in its place. I also read with equal care the remarks made by my right honourable friends in support of the Government's proposition. It is an area which needs dealing with on hardship grounds along the lines suggested by the noble Lord.
However, as I understand it, to have left in the clause would have weakened the main function of the Bill, which is the protection of consumers. Given that unenviable choice, it is our view that the amendment to delete Clause 14 should be supported by your Lordships. However, our minds are not closed to the point made by the noble Lord. It is something to which, in the light of anything the Minister may say in answer to the noble Lord, the House may return on some future and perhaps more appropriate occasion.
§ Baroness TrumpingtonMy Lords, I am grateful to the noble Lord, Lord Gallacher, for his summing-up of the reasons why his side of the House will support the deletion of the clause. I have a certain sympathy with my noble friend. I believe that we are all agreed that emergency powers must be effective so that public health is protected. In so far as is consistent with that aim, the powers must also be fair to those whom they affect.
The Government are at one with my noble friend in having genuine sympathy with the problems that the individual may occasionally face when emergency measures have to be taken in the public interest. There are however serious difficulties with the principle of compensation. We have of course discussed them with my noble friend and others.
My noble friend mentioned shellfish. I do not agree that the precautionary warning issued on 26th May in relation to shellfish caught between the 1623 Humber and Montrose was cast too wide. The approach my department and the Department of Health adopted was to ensure that the initial warning covered all the species which might have presented a risk to the public. In the light of tests, we were able to modify and limit the warning of a smaller area and fewer species. Had we adopted the oppsotie approach of starting with a limited warning and then perhaps having to extend it in the light of tests, we could have endangered public health. That would not have helped the shellfish industry.
That case illustrates perfectly the principle that we are discussing. The Government should not be deterred from taking responsible action in the public interest by a risk of having to pay compensation.
To sum up, the Government understand the intentions which lie behind Clause 14. However, as I said, there are strong legal and practical reasons why we cannot accept it. It is in the interests of consumers and in the longer term interests of the industry for all emergencies to be tackled quickly and effectively. I am afraid that Clause 14 would hinder rather than help the pursuit of that aim. I should like to thank my noble friend once more for his constructive input to our discussions. I commend the amendment to the House.
§ Baroness PhillipsMy Lords, I should like to enter a caveat. It is unusual to be asked to leave out a clause. I cannot help wondering about this, as I am sure some other noble Lords must. If the Government had explained, as the Minister has now explained, and had my noble friend on the Front Bench said then what he has said now, it is curious that the House voted for the amendment. It is worrying, purely from the point of view of democracy. I have a certain sympathy with the noble Lord because I am not sure that he recieved a complete answer from the Minister.
§ Lord Stanley of AlderleyMy Lords, I do not know whether I am allowed to ask—
§ Lord Stanley of AlderleyMy Lords, if I could explain—
§ The Earl of Strathmore and KinghorneMy Lords, I am afraid that my noble friend is out of order.
§ On Question, Motion agreed to.
§ COMMONS AMENDMENT
§ 7 Clause 17, page 14, line 19, after 'Act', insert 'unless the context otherwise requires'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 7.
§ Moved, That the House do agree with the Commons in their Amendment No. 7—(Baroness Trumpington.)
§ On Question, Motion agreed to.
1624§ COMMONS AMENDMENT
§ 8Clause 19, page 14, line 42, leave out 'or novel food sources' and insert', or food sources from which such foods are intended to be derived,'.
§ 3.15 p.m.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 8. With the leave of the House I should like to speak also to Amendments. Nos. 9 to 11.
This series of amendments is intended to make certain that all foods produced by genetic modification are brought within the scope of Clause 19. The amendments provide for regulating the carrying out of commercial operations with any such food. They are essentially of a technical nature, but I hope that the specific reference to genetic modification on the face of the Bill will also be helpful in clarifying our intentions. I hope that your Lordships feel the same as I do. You should be happy with the amendments. I commend the amendment to your Lordships.
§ Moved, That the House do agree with the Commons in their Amendment No. 8.—(Baroness Trumpington.)
§ Lord GallacherMy Lords, we welcome the amendments. During the Bill's passage in your Lordships' House we tried to make similar amendments but they did not meet with much favour at that time. The noble Baroness said that she would consider them. The results of that consideration are now before us. We welcome the amendments although they do not go as far as our original amendments would have done. Nevertheless, to the extent they meet part of our view, we are happy with them and support them.
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§
9 Clause 19, page 14, line 43, after 'regulations' insert—
'(aa) for prohibiting the carrying out of such operations with respect to genetically modified food sources, or foods derived from such food sources, of any class so specified;'.
§ 10Page 15, line 3, leave out 'either' and insert 'each'.
§
11 Page 15, leave out lines 27 and 28 and insert—
'(4) For the purposes of this section a food source is genetically modified if any of the genes or other genetic material in the food source—
and in this subsection "artificial technique" does not include any technique which involves no more than, or no more than the assistance of, naturally occurring processes of reproduction (including selective breeding techniques or in vitro fertilisation).'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 9 to 11.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 9 to 11.—(Baroness Trumpington.)
§ On Question, Motion agreed to.
1625§ COMMONS AMENDMENT
§ 12Clause 27, page 19, line 20, at end insert ', or of an authorised officer of such an authority'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 12.
§ Moved, That the House do agree with the Commons in their Amendment No. 12.—(Baroness Trumpington.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 13Clause 29, page 20, line 23, leave out 'in England and Wales, or a regional or islands' and insert', or a regional'.
§
14Clause 31, page 21, line 13, leave out subsections (3) and (4) and insert—
(3) If, in any case where a sample is proposed to be submitted for analysis under this section, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
(4) If, in any case where a sample is proposed to be or is submitted for analysis or examination under this section, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
(4A) A food analysist of examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this section, but may, except where—
demand in advance the payment of such reasonable fee as he may require.'.
§
15 Page 22, line 6, at end insert:
'and where two or more public analysts are appointed for any area, any reference in this section to the public analyst for that area shall be construed as a reference to either or any of them.'.
§ 16Clause 32, page 22, line 9, leave out 'Regulations made under this section' and insert 'Without prejudice to the generality of subsection (1) above, regulations under that subsection'.
§
17Page 22, line 25, after 'examinations', insert:
'(ff) the circumstances in which a food analyst or examiner is to be precluded, by reason of a conflict of interest, from analysing or examining a particular sample or part of a sample;'.
§ 18Page 22, line 27, after 'examination', insert '(i)'.
§
19page 22, line 29, at end insert 'or
(ii) to a person determined by or under the regulations.'.
§ Baroness HooperMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 13 to 19. Amendment No. 13 relates to Scotland only. The effect of the amendment is to extend the power to provide microbiological facilities to the district councils and to mirror the provisions for the rest of Great Britain. Amendments Nos. 14, 15 and 17 have two main purposes. Both are designed to bring the provisions of the Bill regarding food examiners, who carry out microbiological examinations, more closely into line with those concerning public analysts, who deal with chemical analysis and composition of food. First, the amendments allow a food examiner to pass on 1626 a sample which has been submitted to him or which it is proposed should be submitted to him to another examiner who would carry out the work. The second major purpose of the amendments is to allow Ministers to make regulations setting out when a food analyst or a food examiner should be precluded because of conflict of interest from analysing or examining a sample. Amendments Nos. 16, 18 and 19 add greater flexibility to the powers to modify and supplement provisions on sampling, analysis and examination.
I know that that area of the Bill is of some concern to your Lordships. We have sought with the amendments to meet those concerns. I beg to move.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 13 to 19.—(Baroness Hooper.)
§ Lord GallacherMy Lords, we welcome these amendments. First, Amendment No. 13 is welcome, not least because it gives to districts and islands in Scotland equivalent status in microbiological matters to the regional authorities. Since we spent some time trying to get concessions in this direction—though not specifically this amendment—we welcome the fact that there has been at least some movement towards the geographical solution that we sought at an earlier stage of the Bill.
We are totally in agreement with Amendments Nos. 14 to 19. My noble friend Lord Carter unearthed this matter when we first tabled a fairly simple amendment about food examiners. As noble Lords will see from the list of amendments now before the House, it proved to be a rather larger subject than we in our simplicity imagined when we first tabled the amendment. Nevertheless, we hope that what is now in the Bill will clarify the matter beyond doubt.
I particularly liked the statement that fees may be charged in advance by the food examiner. That will work wonders for his cash flow, though what it will do for that of others I know not. Nevertheless, we support these amendments.
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 20Clause 49, page 29, line 40, at end insert 'or'.
§ 21Page 29, line 42, leave out from 'below' to end of line 43.
§ Baroness HooperMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 20 and 21 en bloc. I shall also, with the permission of the House, speak to Amendments Nos. 24, 26 and 28.
The purpose and effect of the amendments to Clauses 49, 59 and 61 is to allow an Order in Council as is described in Clause 59 to extend the Bill's enforcement powers and administrative regime to the continental shelf; to allow enforcement officers to require transport to or from an oil or gas installation and accommodation and meals on board; and to make corresponding provision for Northern Irish legislation.
Amendment No. 24 applies the Bill to the Isles of Scilly. This is necessary because the Council of Scilly 1627 is in a special position under the Local Government Act 1972 and so is not an enforcement authority under the Bill. I commend the amendments to your Lordships.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 20 and 21.—(Baroness Hooper.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 22Clause 54, page 32, line 26, leave out 'commonly'.
§ 23Page 32, leave out line 33.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 22 and 23 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 22 and 23.—(Baroness Trumpington.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§
24Clause 58, page 36, line 19, at beginning insert:
'(1) This Act shall apply to the Isles of Scilly subject to such exceptions and modifications as the Ministers may by order direct.
(2)'.
§ 25Clause 59, page 36, line 23, leave out 'falling within' and insert 'situated in'.
§
26Page 36, line 25, leave out subsections (2) and (3) and insert—
'(2) An Order in Council under section 23 of the Oil and Gas (Enterprise) Act 1982 (application of civil law) may make provision for treating for the purposes of food safety legislation—
(3) Such an Order in Council may also confer on persons of a specified description the right to require, for the purpose of facilitating the exercise of specified powers under food safety legislation—
(4) In this section—
food and safety legislation" means this Act and any regulations and orders made under it and any corresponding provisions in Northern Ireland; "installation" means an installation to which subsection
(3) of the said section 123 applies;
safety zone" means an area which is a safety zone by virtue of Part III of the Petroleum Act 1987; and
specified" means specified in the Order in Council.'.
§ Baroness HooperMy Lords, I beg to move that the House do agree with Commons in their Amendments Nos 24 to 26 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 24 to 26.—(Baroness Hooper.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 27Clause 61, page 37, leave out line 6 and insert 'paragraphs 12 to 15 of Schedule 2 and, so far as relating to those paragraphs,'.
1628
§
28Page 37, line 21, after '52', insert:
'section 59(2) to (4);'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 27 and 28 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 27 and 28.—(Baroness Trumpington.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 29 Clause 61, page 37, line 22, after '7', insert '29'.
§ 30 Page 37, line 25, leave out subsection (6).
§ 31 Schedule 1, page 38, line 29, after '(a)', insert 'for'.
§ 32 Page 38, line 40, after '(a)', insert 'for'.
§ 33 Page 39, line 1, after '(b)', insert 'for'.
§ 34 Page 39, line 21, after 'Provision', insert 'for'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 29 to 34, en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 29 to 34.—(Baroness Trumpington.)
§ Lord GallacherMy Lords, on Amendment No. 29 we return to the confusion that still exists in my mind concerning the application of parts, but not all, of the Bill, to Northern Ireland. I was foolish enough on Second Reading to assume that the Bill's effect would extend to Northern Ireland. I remember being gently rebuked by the noble Baroness, Lady Hooper, for that false assumption. It still appears, as we proceed with Commons amendments, that the Bill is in some respects applicable to Northern Ireland but not in other respects.
My simple query, which need not be answered this afternoon, is: can we be assured that the effect of this Bill, although it is not to apply directly in Northern Ireland, will be apparent in Northern Ireland? And will the protection for food and food safety matters in Northern Ireland be as good after the passage of the Bill and the amendments which we are considering today as the protection which the Bill will afford to consumers throughout Great Britain?
§ Baroness TrumpingtonMy Lords, I am grateful to the noble Lord for saying that he does not expect an exact answer today. In the interests of accuracy, I should prefer to write to him.
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 35Schedule 1, page 39, line 45, leave out 'or food safety requirements'.
§
36Page 40, line 4, at end insert:
'(3) Provision for enabling such an officer, if on further investigation it appears to him, in the case of any such food source which is a live animal or bird, that there is present in the animal or bird any substance whose presence is prohibited by the regulations, to cause the animal or bird to be slaughtered.'.
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 35 and 36 en bloc. These amendments alter the regulation-making power in 1629 Clause 17 and Schedule 1 which makes provision for enforcement officers to inspect food sources and issue a notice to detain a food source or prohibit it from undergoing commercial operations.
Amendment No. 35 confines the powers of inspection and detention in paragraph 7(1) of Schedule 1 to the regulations in which they will be included. Amendment No. 36 meets the need for effective action when banned substances are found. It will ensure that animals which are proved to have been given hormone growth promoters, for example, can be promptly disposed of without risk that they will enter the food chain. I commend the amendment to your Lordships.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 35 and 36.—(Baroness Trumpington.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 37Schedule 2, page 40, line 7, leave out from beginning to 'In' in line 32 and insert—
§ Amendments Amendments of Part III
§ 1. Part III of the 1984 Act (markets) shall be amended in accordance with paragraphs 2 to 11 below.
§ 2.—(1) In subsection (1) of section 50 (establishment or acquisition of markets), for the words "The council of a district" there shall be substituted the words "A local authority" and for the words "their district", in each place where they occur, there shall be substituted the words "their area".
§ (2) In subsection (2) of that section, for the words "the district" there shall be substituted the words "the authority's area".
§ (3) For subsection (3) of that section there shall be substituted the following subsection—
§ "(3) For the purposes of subsection (2), a local authority shall not be regarded as enjoying any rights, powers or privileges within another local authority's area by reason only of the fact that they maintain within their own area a market which has been established under paragraph (a) of subsection (1) or under the corresponding provision of any earlier enactment".
§ 3 In section 51(2) (power to sell to local authority), the word "market" shall cease to have effect.
§ 4—(1) In subsection (1) of section 53 (charges by market authority), the words "and in respect of the weighing and measuring of articles and vehicles" shall cease to have effect.
§
(2) For subsection (2) of that section there shall be substituted the Following subsection—
(2) A market authority who provide—
may demand in respect of the weighing of such animals Or, as the case may be, the use of the store or refrigerator such charges as they may from time to time determine.
§ (3) In subsection (3)(b) of that section, the words "in respect of the weighing of vehicles, or, as the case may be," shall cease to have effect.
§
5. For subsection (2) of section 54 (time for payment of charges) there shall be substituted the following subsection—
(2) Charges payable in respect of the weighing of cattle, sheep or swine shall be paid in advance to an authorised market officer by the person bringing the animals to be weighed.
§ 6. In section 56(1) (prohibited sales in market hours), for the word "district" there shall be substituted the word "area".
§ 7. In section 57 (weighing machines and scales), subsection (1) shall cease to have effect.
1630§ 8. After that section there shall be inserted the following section—
§ "Provision of cold stores.
§ 57A.—(1) A market authority may provide a cold air store or refrigerator for the storage and preservation of meat and other articles of food.
§ (2) Any proposal by a market authority to provide under this section a cold air store or refrigerator within the area of another local authority requires the consent of that other authority, which shall not be unreasonably withheld.
§ (3) Any question whether or not such a consent is unreasonably withheld shall be referred to and determined by the Ministers.
§ (4) Subsections (1) to (5) of section 250 of the Local Government Act 1972 (which relate to local inquiries) shall apply for the purposes of this section as if any reference in those subsections to that Act included a reference to this section."
§ 9. Section 58 (weighing of articles) shall cease to have effect.
§
10. In section 60 (market byelaws), after paragraph (c) there shall be inserted the following paragraph—
(d) after consulting the fire authority for the area in which the market is situated, for preventing the spread of fires in the market.
§
11. In section 61 (interpretation of Part III), the words from "and this Part" to the end shall cease to have effect and for the definition of "market authority" there shall be substituted the following definitions—
'fire authority' means an authority exercising the functions of a fire authority under the Fire Services Act 1947;
'food' has the same meaning as in the Food Safety Act 1990;
'local authority' means a district council, a London borough council or a parish or community council;
'market authority' means a local authority who maintain a market which has been established or acquired under section 50(1) or under the corresponding provisions of any earlier enactment.
§ Amendments of Part V
§ 12. Part V of the 1984 Act (sugar beet and cold storage) shall be amended in accordance with paragraphs 13 to 16 below.
§ 13.—(1).'.
§
38 Page 40, line 34, at end insert—
'(2) After subsection (5) of that section there shall be inserted the following subsection—
(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.
§ 39Page 40, line 40, leave out '(4)' and insert '14'.
§ 40Page 40, line 43, leave out '(5)' and insert '15'.
§
41Page 41, line 32, at end insert:
'16. Section 70 (provision of cold storage) shall cease to have effect.'
§ 42Schedule 4, page 48, line 27, leave out 'making' and insert 'commencement'.
§ 43Page 49, line 3, after 'Act', insert 'and any orders having effect as if made under such regulations'.
§ 44Page 50, line 22, leave out 'coming into force' and insert 'commencement'.
§ 45Schedule 5, page 51, leave out lines 24 to 28.
§ 46Page 51, line 36, column 3, at end insert:
| 'In section 51(2), the word "market".'. |
§ 47Page 51, column 3, leave out lines 46 and 47.
§ 48Page 51, line 54, column 3, leave out from beginning to end of line 14 on page 52 and insert:
| 'Sections 70 to 92. | |
| In section 93, in subsection (2), paragraphs (b) to (d) and, in |
| subsection (3), paragraphs (a) to (e) and (h) to (1). | |
| In section 94, subsection (1) except as regards offences under Part III of the Act, and subsection (2). | |
| In section 95, subsections (2) to (8). | |
| Sections 96 to 109. | |
| Sections 111 to 120. | |
| In section 121, subsections (2) and (3). | |
| Sections 122 to 131. | |
| In section 132, subsection (1) except the words "In this Act, unless the context otherwise requires" and the definitions of "animal" and "the Minister". | |
| Sections 133 and 134. | |
| In section 136, in subsection (2), paragraphs (b) and (c).'. |
§ Baroness TrumpingtonMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 37 to 48 en bloc.
§ Moved, that the House do agree with the Commons in their Amendments Nos. 37 to 48.—(Baroness Trumpington.)
§ On Question, Motion agreed to.