HC Deb 11 April 1984 vol 58 cc253-4W

Power and Description of Default Power

Animal Health Act 1981, section 59(1) The appropriate Minister may by order empower a named person to execute or enforce any of the provisions of the Animal Health Act 1981, or of an order made under the Act, where a local authority has failed to do so. Such costs may be recovered from the local authority.

Prevention of Damage by Pests Act 1949, section 12 Secretary of State or Minister, may by order, empower any person to discharge any local authority rodent control function where he is satisfied this function is not being satisfactorily performed by the authority. He may recover from the local authority the cost incurred.

Medicines Acts 1968, section 108(10) Secretary of State or Minister may enforce regulations relating to the sale of animal feeding stuffs and also to their labelling and storage.

Agriculture Act 1970, section 56 The Minister may require any local authority to provide, let, manage or equip smallholdings, to submit re-organisation proposals, periodic review or may transfer the function of the local authority to himself.

Agriculture Act 1970, section 67(8) The Minister may, if of the opinion that local authority enforcement is insufficient, appoint one or more inspectors to discharge any local authorities functions in relation to the protection of purchasers of fertilizers and feedingstuffs. He may recover the costs from the local authority concerned.

The Food and Drugs Act 1955, section 127 The Minister may by order empower an officer of his department to execute and enforce or procure the execution of those provisions of the Act where, after communication with the food and drugs authority, in his opinion the authority has failed to carry out any provision of the Act for which it has responsibility and the failure affects the general interests of consumers or agriculture. He may recover from the authority the cost incurred.

The Food and Drugs Act 1955,section 131 and part 1 of schedule 9 The Minister, if on complaint, he is of the opinion that a local authority has failed in its duties, including those concerning food composition and labelling, food safety and hygiene and milk may cause a local inquiry to be held and if satisfied that there has been such a failure may make an order to declare it in default and direct it to discharge the specified function in a specified time and manner. In the event of failure to comply with the order the Minister may, instead of enforcing the order by mandamus make an order to transfer the functions to himself to recover them the body in default expenses for discharging the functions.

The Slaughter Houses Act 1974, part I, section 32 The Minister of Agriculture has the same powers as described under S131 of the Food and Drugs Act 1955.