Weights and Measures &c. Act 1976
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Change 1
SCHEDULE 6 Temporary Requirements Imposed by Emergency Orders
Section 12. 1 Where— (a) a relevant requirement as defined in section 12(1) of this Act is excluded or modified by an order under that section, and (b) a requirement (the “substituted requirement”) is imposed under subsection (4)(a) of that section, the Act or Orderunder or by virtue of which the relevant requirement took effect shall, to the extent provided in this Schedule, apply to the substituted requirement. Food Safety Act 1990 (c.16) 2 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety Act 1990. (2) The following provisions of that Act— (a) Part I (preliminary); (b) Part III (administration and enforcement); and (c) Sections 40 to 50 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 16 of that Act. Food and Drugs (Scotland) Act 1956 (c. 30) 3 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food and Drugs (Scotland) Act 1956. (2) The following provisions of that Act— (a) Part II (administration and enforcement), (b) Part III (procedure and evidence), and (c) sections 55 and 57 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act. Food Safety (Northern Ireland) Order 1991 (NI 7) 4 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety (Northern Ireland) Order 1991. (2) The following provisions of that Order— (a) Part I (introductory); (b) Part III (administration and enforcement); and (c) Articles 38 to 46 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under Article 15 of that Order. Weights and Measures Act 1985 5 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the 1985 Act. (2) The following provisions of that Act— (a) sections 25 to 31 (offences), (b) sections 32 to 37 (liability of third parties and defences), (c) sections 38 to 42 and 44 to 46 (powers of inspectors, etc.), and (d) sections 79 to 83 (further powers of inspectors and prosecution of offences), shall apply as if the substituted requirement were imposed under Part IV of the Act. Weights and Measures Act (Northern Ireland) Order 1981 (S.I. 1981/231 (N.I. 10)) 6 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures (Northern Ireland) Order 1981. (2) The following provisions of that Order— (a) Article 20 to 22 (offences), (b) Articles 23 to 25 (defences and liability of third parties), (c) Article 26 to 29 (powers of inspectors, etc.), and (d) Articles 41, 42 and 46 (further powers of inspectors and prosecution of offences), shall apply as if the substituted requirement were imposed under Part V of the Order. Supplemental 7 (1) The provisions applied by this Schedule shall have effect subject to any necessary adaptations and modifications. (2) The provisions in this Schedule have effect subject to the provisions of any order under section 12 of this Act.
SCHEDULE 6 Temporary Requirements Imposed by Emergency Orders
Section 12. 1 Where— (a) a relevant requirement as defined in section 12(1) of this Act is excluded or modified by an order under that section, and (b) a requirement (the “substituted requirement”) is imposed under subsection (4)(a) of that section, the Act or Orderunder or by virtue of which the relevant requirement took effect shall, to the extent provided in this Schedule, apply to the substituted requirement. Food Safety Act 1990 (c.16) 2 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety Act 1990. (2) The following provisions of that Act— (a) Part I (preliminary); (b) Part III (administration and enforcement); and (c) Sections 40 to 50 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 16 of that Act. Food and Drugs (Scotland) Act 1956 (c. 30) 3 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food and Drugs (Scotland) Act 1956. (2) The following provisions of that Act— (a) Part II (administration and enforcement), (b) Part III (procedure and evidence), and (c) sections 55 and 57 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act. Food Safety (Northern Ireland) Order 1991 (NI 7) 4 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety (Northern Ireland) Order 1991. (2) The following provisions of that Order— (a) Part I (introductory); (b) Part III (administration and enforcement); and (c) Articles 38 to 46 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under Article 15 of that Order. Weights and Measures Act 1985 5 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the 1985 Act. (2) The following provisions of that Act— (a) sections 25 to 31 (offences), (b) sections 32 to 37 (liability of third parties and defences), (c) sections 38 to 42 and 44 to 46 (powers of inspectors, etc.), and (d) sections 79 to 83 (further powers of inspectors and prosecution of offences), shall apply as if the substituted requirement were imposed under Part IV of the Act. Weights and Measures Act (Northern Ireland) Order 1981 (S.I. 1981/231 (N.I. 10)) 6 (1) This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures (Northern Ireland) Order 1981. (2) The following provisions of that Order— (a) Article 20 to 22 (offences), (b) Articles 23 to 25 (defences and liability of third parties), (c) Article 26 to 29 (powers of inspectors, etc.), and (d) Articles 41, 42 and 46 (further powers of inspectors and prosecution of offences), shall apply as if the substituted requirement were imposed under Part V of the Order. Supplemental 7 (1) The provisions applied by this Schedule shall have effect subject to any necessary adaptations and modifications. (2) The provisions in this Schedule have effect subject to the provisions of any order under section 12 of this Act.
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