128.Although the Food Standards Agency is being established as a UK body, the Scottish Parliament and the Northern Ireland Assembly may, within their competence, withdraw from the UK arrangements or any part of them, by means of an Act of the Scottish Parliament or Northern Ireland Assembly. This section provides for amendments to the Food Standards Act to be made to deal with the consequences for the Agency of any such decision. As with section 32, the Order in Council route is chosen since it provides a suitable procedure for use in all four legislatures. This section does not apply to the National Assembly for Wales which does not have primary legislative powers.
129.Subsection (1) provides that this section has effect where the Scottish Parliament or Northern Ireland Assembly pass an Act which has the effect of withdrawing from any of the functions of the Agency. For example, the Scottish Parliament might in future decide that it wished to set up a separate agency for Scotland, or that it wished some other body to carry out some of the Agency’s functions, such as enforcement monitoring, without withdrawing Scotland from the Agency completely.
130.Subsection (2) goes on to specify the provisions which may be included in an Order in Council to make any consequential adjustments to the Agency. These include provisions to deal with the transfer of any property, rights and liabilities. The effect of the sub-section, read with sub-sections (3) and (4), is to allow the Order to transfer property and liabilities which were used (or arose) in relation to the functions which the Agency is to cease to have, to be transferred to whatever body appears appropriate.
Commentary on Sections Section 33: Consequences of Agency losing certain functions