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FOOD ACT 2003 - SECT 111
Appointment of enforcement agencies
111 Appointment of enforcement agencies
(1) The Food Authority may appoint a relevant body to be an enforcement agency
for the purposes of this Act.
(2) The Food Authority is not to appoint a
relevant body as an enforcement agency unless the Food Authority-- (a) has
consulted with the relevant body and considered any representations made by
the relevant body in accordance with the guidelines, and
(b) has considered
the resources and skills that will be available to the relevant body to enable
the exercise of the functions of an enforcement agency that are proposed to be
conferred or imposed on the relevant body, and
(c) in the case of a local
council, has considered any representations made by another local council in
accordance with the guidelines as to the other local council's willingness to
exercise the functions of an enforcement agency in the area concerned and the
resources and skills that will be available to that other local council to
enable the exercise of such functions.
(3) An appointment-- (a) is to be by
instrument in writing given to the relevant body concerned, and
(b) is to
contain any limitations or conditions relating to the exercise of functions by
the enforcement agency or the type of functions that may be exercised by the
enforcement agency that are imposed under section 111B (whether by reference
to a category of functions to be exercised by the enforcement agency or
otherwise), and
(c) takes effect from a day specified in the instrument of
appointment.
(4) The Food Authority may appoint a local council as an
enforcement agency in respect of any or all of the following-- (a) its own
local government area or part of its own local government area,
(b) another
local government area or part of another local government area, but only after
consultation with the local council of that other area,
(c) an area that is
not within a local government area.
(5) Nothing in this Act prevents the
Food Authority from appointing more than one enforcement agency in respect of
the same area so long as each of those enforcement agencies is only authorised
to exercise functions under this Act in relation to that area that are
different from the functions that may be exercised under this Act in relation
to that area by any other enforcement agency.
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