The Public Bodies (Abolition of Food from Britain) Order 2014

Statutory Instruments

2014 No. 1924

Agriculture

Public Bodies

The Public Bodies (Abolition of Food from Britain) Order 2014

Made

17th July 2014

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by sections 1(1), 6(1) and (5), 24(1) and 35(2) of the Public Bodies Act 2011(1) (“the Act”), makes the following Order.

In accordance with section 8 of the Act, the Secretary of State considers that this Order—

(a) serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1) of the Act;

(b) does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

The Scottish Parliament has consented to the making of this Order in so far as its consent is required by section 9(1) of the Act.

The Northern Ireland Assembly has consented to the making of this Order in so far as its consent is required by section 9(3) of the Act.

The National Assembly for Wales has consented to the making of this Order in so far as its consent is required by section 9(6) of the Act.

The Secretary of State has carried out consultation in accordance with section 10 of the Act.

The Secretary of State has consulted the Scottish Ministers in accordance with section 88(2) of the Scotland Act 1998(2) and the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 2006(3).

A draft of this Order and an explanatory document containing the information required in section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3).

In accordance with section 11(4) of the Act, the draft of this Order has been approved by resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

Citation, extent and commencement

1.—(1) This Order may be cited as the Public Bodies (Abolition of Food from Britain) Order 2014.

(2) The repeals and revocations made by article 4 and the Schedule have the same extent as the provisions to which they relate.

(3) This Order comes into force on the day after the day on which it is made, except as provided by paragraph (4).

(4) The entry in the table of repeals in the Schedule relating to the Public Bodies Act 2011 comes into force two days after the day on which this Order is made.

Abolition of Food from Britain

2.—(1) The council established by section 1 of the Agricultural Marketing Act 1983(4) (Food from Britain) is abolished.

(2) The property, rights and liabilities of the council are transferred to and vest in the Secretary of State for Environment, Food and Rural Affairs.

Final report and accounts

3.—(1) The Secretary of State must prepare a report of what has been done in the discharge of Food from Britain’s functions during the periods—

(a) beginning with 1st April 2013 and ending with 31st March 2014; and

(b) beginning with 1st April 2014 and ending immediately before the day on which this article comes into force.

(2) The Secretary of State must—

(a) prepare a statement of accounts of Food from Britain in respect of the periods referred to in paragraph (1)(a) and (b), and

(b) send a copy of the statement to the Comptroller and Auditor General.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement prepared under paragraph (2), and

(b) send a copy of the certified statement and of the Comptroller and Auditor General’s report to the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Department of Agriculture and Rural Development in Northern Ireland as soon as possible.

(4) The Secretary of State must lay the final document before each House of Parliament.

(5) The Scottish Ministers must lay the final document before the Scottish Parliament.

(6) The Welsh Ministers must lay the final document before the National Assembly for Wales.

(7) The Department of Agriculture and Rural Development in Northern Ireland must lay the final document before the Northern Ireland Assembly.

(8) In this article, “the final document” means a document consisting of—

(a) a copy of the report prepared under paragraph (1), and

(b) a copy of the statement and of the report sent under paragraph (3)(b).

Repeals and revocations

4.  The provisions mentioned in the Schedule are repealed or revoked to the extent specified.

George Eustice

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

17th July 2014

Article 4

SCHEDULE Repeals and revocations

Table of repeals

Short title	Extent of repeal
Parliamentary Commissioner Act 1967(5)	In Schedule 2, the entry relating to Food from Britain.
Agriculture Act 1967(6)	Part 4.
House of Commons Disqualification Act 1975(7)	In Schedule 1, in Part 3, the entry relating to the Chairman of Food from Britain.
Northern Ireland Assembly Disqualification Act 1975(8)	In Schedule 1, in Part 2, the entry relating to Food from Britain.
Agricultural Marketing Act 1983	The whole Act.
Agriculture Act 1986(9)	Section 8.
	Section 24(2) and (3).
	In section 24(7), “8,”.
Freedom of Information Act 2000(10)	In Schedule 1, in Part 6, the entry relating to Food from Britain.
Scottish Public Services Ombudsman Act 2002(11)	In Schedule 2, in Part 2, paragraph 70.
Natural Environment and Rural Communities Act 2006(12)	In Schedule 7, paragraph 11.
Public Bodies Act 2011	In Schedule 1, the entry relating to Food from Britain.

Table of revocations

Title	Extent of revocation
The Agricultural Marketing Act 1983 (Commencement) Order 1983(13)	The whole Order.
The Agriculture Act 1986 (Commencement No. 3) Order 1986(14)	The whole Order.
The Companies Act 1989 (Eligibility for Appointment as Company Auditor) (Consequential Amendments) Regulations 1991(15)	In the Schedule, paragraph 48.
The House of Commons Disqualification Order 1993(16)	In the Schedule—
	(a) in paragraph 2, the entry relating to Food from Britain,
	(b) in paragraph 4, the entry relating to the Chairman of Food from Britain.
The Agriculture Act 1986 (Commencement No. 6) Order 1998(17)	The whole Order.
The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999(18)	In the Schedule, the entry relating to Food from Britain.
The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc) Order 1999(19)	In Schedule 1, the entry relating to Food from Britain.
	Schedule 11.
The Northern Ireland Act 1998 (Designation of Public Authorities) Order 2001(20)	In Schedule 1, the entry relating to Food from Britain.
The Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002(21)	Article 3(1)(f) (but not the “or” at the end of that sub-paragraph).
The Freedom of Information Act 2000 (Commencement No. 2) Order 2002(22)	In Schedule 1, in Part 1, the entry relating to Food from Britain.
The Northern Ireland Act 1998 (Modification of Enactments) Order 2002(23)	Article 7.
The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003(24)	Article 13.
	In the Schedule, the entry relating to Food from Britain.
The Companies Act 2006 (Consequential Amendments etc) Order 2008(25)	In Schedule 1, in Part 1, paragraph 1(bb).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order abolishes the council known as Food from Britain established by section 1 of the Agricultural Marketing Act 1983 (c. 3). It transfers to, and vests in, the Secretary of State for Environment, Food and Rural Affairs the property, rights and liabilities of the council, and it makes provision for the preparation of a final report and statement of accounts. It also makes consequential repeals and revocations.

No impact assessment has been produced as no cost to the business or voluntary sectors is foreseen.

(1)

2011 c. 24.

(2)

1998 c. 46.

(3)

2006 c. 32.

(4)

1983 c. 3.

(5)

1967 c. 13. Schedule 2 was substituted by article 2 of S.I. 2011/2986. There are amendments to Schedule 2, but none is relevant.

(6)

1967 c. 22. Repeals to provisions of Part 4 were made by the Statute Law (Repeals) Act 2004 (c. 14). Section 2 of the Agricultural Marketing Act 1983 transferred the functions of the Central Council for Agricultural and Horticultural Co-operation to Food from Britain.

(7)

1975 c. 24.

(8)

1975 c. 25.

(9)

1986 c. 49. Repeals to sections 8 and 24 were made by the Statute Law (Repeals) Act 2004.

(10)

2000 c. 36. There are amendments to Schedule 1 that are not relevant to this Order.

(11)

2002 asp 11.

(12)

2006 c. 16.

(13)

S.I. 1983/366 (C. 13).

(14)

S.I. 1986/1596 (C. 57).

(15)

S.I. 1991/1997, to which there are amendments not relevant to this Order.

(16)

S.I. 1993/1572.

(17)

S.I. 1998/879 (C. 19).

(18)

S.I. 1999/1319, to which there are amendments not relevant to this Order.

(19)

S.I. 1999/1747, to which there are amendments not relevant to this Order.

(20)

S.I. 2001/1294.

(21)

S.I. 2002/794, to which there is an amendment not relevant to this Order.

(22)

S.I. 2002/2812 (C. 86), to which there are amendments not relevant to this Order.

(23)

S.I. 2002/2843.

(24)

S.I. 2003/1326, to which there are amendments not relevant to this Order.

(25)

S.I. 2008/948, to which there are amendments not relevant to this Order.