FOOD AND ENVIRONMENT PROTECTION ACT 1985 (JERSEY) (AMENDMENT) ORDER 1997 JERSEY REVISED EDITION OF THE LAWS 20.200 APPENDIX
3 Jersey Order in Council 32/1997 THE FOOD AND ENVIRONMENT PROTECTION ACT 1985 (JERSEY) (AMENDMENT) ORDER 1997 (Registered on the 8th day of August 1997) At the Court at Buckingham Palace 22nd July 1997 PRESENT The Queen s Most Excellent Majesty in Council HER MAJESTY, in pursuance of section 26(1) and (2) of the Food and Environment Protection Act 1985, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows 1. This Order may be cited as the Food and Environment Protection Act 1985 (Jersey) and shall come into force on 22nd August 1997. 2. In Article 3 of the Food and Environment Protection Act 1985 (Jersey) Order 1987 1 ( the Order ) for the words Schedules 2 to 4 there shall be substituted the words Schedules 2 and 3. 3. Section 14 of the Food and Environment Protection Act 1985 ( the 1985 Act ), shall extend to the Bailiwick of Jersey with the substitution for paragraph 10 of the Schedule to the Order of 10. In section 14 (a) in subsection (1), for the words each licensing authority, as respects licences for which it is the licensing authority, to maintain, in accordance with regulations, there shall be substituted the words the Committee to maintain ; (b) in paragraphs (a) to (d) of subsection (1), for the words that authority there shall be substituted the word it ; (c) in subsection (5), for the words each licensing authority there shall be substituted the words the Committee, and for the words the authority there shall be substituted the word it ; (d) in subsection (7), for the words in regulations there shall be substituted the words by Order made by the Committee ; (e) for subsection (8), there shall be substituted 1 Volume 1986 1987, pages 251 and 283. Revised Edition 31 August 2004 Page - 3
4 (8) The Subordinate Legislation (Jersey) Law 1960 as amended by the Subordinate Legislation (Amendment) (Jersey) Law 1976, 3 shall apply to Orders made under this section.. 4. Paragraph 3 of Schedule 2 to the 1985 Act shall extend to the Bailiwick of Jersey with the substitution for sub-paragraph (b)(ii) of paragraph 17 of the Schedule to the Order of (ii) in sub-paragraph (3), for the words from under to an officer there shall be substituted the words under Part II of this Act an officer ;. N.H. NICHOLLS Clerk of the Privy Council. 3 Tome VIII, page 849. Page - 4 Revised Edition 31 August 2004
5 Section 5. 6. 7. 8. FOOD AND ENVIRONMENT PROTECTION ACT 1985 CHAPTER 48 ARRANGEMENT OF SECTIONS PART I CONTAMINATION OF FOOD PART II DEPOSITS IN THE SEA Licensing Offences relating to licensing system etc. 9. 10. 11. 12. Enforcement Miscellaneous 13. 14. Duty of licensing authority to keep public registers of information. SCHEDULES: PART III PESTICIDES, ETC. PART IV GENERAL AND SUPPLEMENTARY Revised Edition 31 August 2004 Page - 5
6 ELIZABETH II 1985 CHAPTER 48 AN ACT to authorise the making in an emergency of orders specifying activities which are to be prohibited as a precaution against the consumption of food rendered unsuitable for human consumption in consequence of an escape of substances; to replace the Dumping at Sea Act 1974 with fresh provision for controlling the deposit of substances and articles in the sea; to make provision for the control of the deposit of substances and articles under the seabed; to regulate pesticides and substances, preparation and organisms prepared or used for the control of pests or for the protection against pests; and for connected purposes. [16th July 1985] BE IT ENACTED by the Queen s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows 4 PART I CONTAMINATION OF FOOD PART II DEPOSITS IN THE SEA Licensing 5. 6. 7. 8. 9. 10. 11. 4 Deletions and words in square brackets indicate adaptations and modifications made by the Food and Environment Protection Act 1985 (Jersey). Page - 6 Revised Edition 31 August 2004
7 12. 13. Miscellaneous Duty of licensing authority to keep public registers of information 14.-(1) It shall be the duty of [the Committee to maintain] a register containing prescribed particulars of or relating to (a) (b) (c) (d) (e) (f) (g) (h) applications for licences made to [it]; the licences issued by [it]; variations of licences effected by [it]; revocations of licences effected by [it]; convictions for any offences under section 9 above; information obtained or furnished in pursuance of section 8(3), (4) or (5) above; the occasions on which either of the Ministers has carried out any operation under section 10 above; and such other matters relating to operations for which licences are needed under this Part of this Act as may be prescribed. (2) No information shall be included in any register which, in the opinion of either of the Ministers, is such that its disclosure on the register (a) (b) would be contrary to the interests of national security; or would prejudice to an unreasonable degree some person s commercial interests. (3) Information excluded from a register by virtue of subsection (2)(b) above shall be treated as ceasing to prejudice a person s commercial interests at the expiry of the period of four years beginning with the date on which the Minister made his decision under that subsection; but, on the application of any person to whom it relates, the Minister shall decide whether the information should be included or continue to be excluded from the register. (4) Where information of any description is excluded from a register by virtue of subsection (2)(b) above, a statement shall be entered in the register indicating the existence of information of that description. (5) It shall be the duty of [the Committee] (a) (b) to secure that the register maintained by [it] under this section is available, at all reasonable times, for inspection by the public free of charge; and to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges. Revised Edition 31 August 2004 Page - 7
8 (6) Registers under this section may be kept in any form. (7) In this section prescribed means prescribed [by Order made by the Committee]. [(8) The Subordinate Legislation (Jersey) Law 1960 as amended by the Subordinate Legislation (Amendment) (Jersey) Law 1976, 5 shall apply to Orders made under this section.] 15. PART III PESTICIDES, ETC PART IV GENERAL AND SUPPLEMENTARY 5 Tome VIII, page 849. Page - 8 Revised Edition 31 August 2004
9 SCHEDULES SCHEDULE 1 EMERGENCY PROHIBITIONS SCHEDULE 2 OFFICERS AND THEIR POWERS 1. * * * * * 2. * * * * * Powers in relation to vessels, aircraft, etc 3.-(1) * * * * * (2) * * * * * (3) In order to perform functions [under Part * * of this Act an officer] (a) may require (i) the master, captain or commander of a vessel, aircraft or hovercraft; and (ii) the person in charge of a marine structure, to take it and its crew to the port which appears to the officer to be the nearest convenient port; or (b) may take it there himself. (4) In order to perform any such functions an officer may detain a vessel, aircraft, hovercraft or marine structure. (5) If an officer detains a vessel, aircraft, hovercraft or marine structure, he shall serve on the master, captain, commander or person in charge a notice in writing stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by an officer. SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 Revised Edition 31 August 2004 Page - 9
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