§ Mr. Sean Hughes
asked the Minister of Agriculture, Fisheries and Food on what occasions since June 1979 his Department had to (a) introduce amending legislation to legislation introduced since June 1979 because of doubts about legality or because such legislation had been successfully challenged in the courts and (b) amend or withdraw orders introduced since June 1979, because of doubts about legality or because such orders had been successfully challenged in the courts.
§ Mr. Jopling
The following is the information requested:
- (1) Section 12 of the Agriculture Act 1986 validated the Apple and Pear Development Council Order 1980 and the Apple and Pear Development Council (Amendment) Order 1980 so as to remove any doubts about its application to Wales.
- (2) The Importation of Milk (Amendment) Regulations 1985 amended the Importation of Milk Regulations 1983 so as to remove the condition that milk and cream had to be imported in a closed container in which it had to he supplied to the ultimate consumer or to a catering establishment. There was legal doubt about this condition.
- (3) On 8 March the Joint Committee on Statutory Instruments reported that it had doubts about the vires of the Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1983 (Session 1982–83 HL 107 HC 29-XIX). Opportunity was taken to clarify the enabling powers (section 117 of the Medicines Act 1968) in the Animal Health and Welfare Act 1984, section 15. Subsequently the 1983 Regulations were re-enacted in the Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985.
It should be noted that although the clarifying primary legislation was enacted in 1984 the 1983 Regulations reenacted almost verbatim the Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1976.