S.I. No. 523/1997 - The Food Safety Advisory Board (Revocation) Order, 1997.

The Minister for Health and Children in exercise of the powers conferred on him by Section 7 of the Health (Corporate) Bodies Act, 1961 (No. 27 of 1961), as adapted by the Health (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 308 of 1997 ) hereby orders as follows:—

1. This Order may be cited as the Food Safety Advisory Board (Revocation) Order, 1997.

2. In this Order—

“the Board” means the Food Safety Advisory Board established by the Food Safety Advisory Board (Establishment) Order, 1995 (S.I. 155 of 1995);

“the Chairman” means the Chairman for the time being of the Board;

“the Minister” means “the Minister for Health and Children”;

“the Authority” means the Food Safety Authority of Ireland established by the Food Safety Authority of Ireland (Establishment) Order, 1997.

3. The following shall be and hereby are transferred to the Food Safety Authority of Ireland on the date of entry into force of this Order:—

(a) All property and rights held or enjoyed immediately before that date by the Food Safety Advisory Board.

(b) All liabilities incurred before that date by the Food Safety Advisory Board that had not been discharged before that date.

(c) Every bond, guarantee or other security of a continuing nature made or given by or on behalf ofthe Food Safety Advisory Board to any person or given by any person to and accepted by or on behalf of the Food Safety Advisory Board and every contract or agreement made between the Food Safety Advisory Board and any other person and in force but not fully executed and completed immediately before the date of entry into force of this Order shall continue in force on or after that date and shall be construed and have effect as if the name of the Authority was substituted therein for that of the Food Safety Advisory Board and shall be enforceable by or against the Authority.

(b) References to the Food Safety Advisory Board contained immediately before the date of entry into force of this Order in the memorandum and articles of association of any company shall, on and after that date, be construed as references to the Authority.

4. Any act that was done by the Food Safety Advisory Board shall, if and in so far as it was operative immediately before the date of entry into force of this Order, have effect on and after that date as if it had been done by or on behalf of the Authority.

5. Where immediately before the date of entry into force of this Order, any legal proceedings are pending in any court or tribunal and the Food Safety Advisory Board is a party to the proceedings, the name of the Authority shall be substituted therein for that of the Food Safety Advisory Board and the proceedings shall not abate by reason of such substitution.

6. Section 12 of the Finance Act, 1895 shall not apply to the vesting in the Authority of any property or rights transferred by this Order.

7. The Food Safety Advisory Board (Establishment) Order, 1995, ( S.I. No. 155 of 1995 ) is hereby revoked.

8. This Order shall come into effect on the 1st of January, 1998.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The effect of this Order is to revoke the order made under Sections 3 to 6 of the Health (Corporate Bodies) Act, 1961 which established the body known as the Food Safety Advisory Board.