59.Subsection (1) defines the legislation covered by the enforcement monitoring powers.
60.Subsection (2) defines an enforcement authority for the purposes of the above provisions. The bodies responsible for enforcing or executing the provision of the Food Safety Act 1990 or legislation made under it are normally, unless otherwise specified, ‘food authorities’. They are defined in the Act as normally being local authorities (metropolitan borough, district or county councils in England and Wales; island or district councils in Scotland) or, where appropriate, port health authorities. In some cases, by virtue of section 6(4) of the 1990 Act, Ministers themselves, or, following this Act, the Agency, may also be specified as enforcement authorities for particular regulations. Under the corresponding Northern Ireland legislation, the enforcement authorities are district councils or the Department of Agriculture. Under Part IV of the Agriculture Act 1970, “enforcement authorities” are county, metropolitan district and London borough councils, and the Port of London Health Authority in England; and county and county borough councils in Wales.
Commentary on Sections Section 15: Meaning of ‘enforcement authority’ and related expressions