157.Subsection (3) deems this Act to be part of the Food Safety Act 1990 for the purposes of section 58 of the 1990 Act. Section 58 has two effects.
158.First, in relation to territorial waters (i.e. inland waters and the sea, generally out to 12 miles), it deems the authority responsible for any food premises (for example on gas rigs or other fixed structures) to be the same as that on the adjoining land. This provision also determines whether a structure lies in England, Scotland or Wales.
159.Secondly, section 58 allows the Food Safety Act to be extended by Order to structures outside territorial waters, but within areas which are British for oil and gas exploration purposes. No such Order has yet been made, but were it to be made, then the Agency would, by virtue of this section, obtain appropriate powers in relation to the carrying out of surveys and monitoring of the work of enforcement authorities at installations in the British sector.
160.Subsection (4) makes transitional modifications until a day is appointed for the coming into operation of parts II and III of the Northern Ireland Act 1998.
Commentary on Sections Section 43: Short title, commencement and extent