Section 113: Default: local authorities etc., Food Act 1984

If—

a complaint is made to the appropriate Minister that any council or joint board have failed to discharge their functions under this Act in any case where they ought to have done so, or

the appropriate Minister is of opinion that an investigation should be made as to whether any council or joint board have failed as mentioned in paragraph (a),

the approprate Minister may cause a local inquiry to be held into the matter.

If, after a local inquiry has been held in pursuance of this section, the appropriate Minister is satisfied that there has been such a failure on the part of the council or board in question, he may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, and in such manner and within such time or times, as may be specified in the order.

If a council or board with respect to whom an order has been made under subsection (2) fail to comply with any requirement of the order within the time limited by it for compliance with that requirement, the appropriate Minister, instead of enforcing the order by mandamus or otherwise may—

if the body in default are the council or a joint board whose district lies wholly within one county, or a port health authority whose district (so far as it does not consist of water) lies wholly within one county, make an order transferring to the council of the county such of the functions of the body in default as may be specified in his order;

in any other case, make an order transferring to himself such of the functions of the body in default as may be so specified.

Where under this section the appropriate Minister has made an order transferring to a county council or to himself any functions of a council or joint board—

the appropriate Minister may by a subsequent order vary or revoke that order, but without prejudice to the validity of anything previously done under it; and

when any order is so revoked the appropriate Minister may, either by the revoking order or by a subsequent order, provide as seems to him to be desirable with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred by the county council or by him in discharging any of the functions to which the order so revoked related.

This section does not apply to Part IV; and in this section "the appropriate Minister" means—

the Secretary of State, in relation to functions of councils or joint boards under any of the following provisions—

section 15, 16, 17, 18 and 19,

sections 27 and 28,

sections 30 and 31,

section 74, so far as it relates to the enforcement and execution of sections 8 and 9 (except in their application to milk, or to meat or to meat products while in a slaughterhouse or in the course of importation) and to the enforcement and execution of section 35;

the Secretary of State, in relation to functions of councils of joint boards under Part III;

the Ministers, in relation to functions of councils or joint boards under regulations made under this Act;

the Minister, in relation to any other functions of councils or joint boards.

Section 113: Default: local authorities etc.

Discussed in

About this text