Joint exercise of functions – EPA 1990 s. 126
Specifies joint exercise of Secretary of State's Part VI functions with Minister or Food Standards Agency, and consultation before regulations or consents.
Any power of the Secretary of State to make regulations under this Part (other than the power conferred by section 113 above) is exercisable, where the regulations to be made relate to any matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly. Any function of the Secretary of State under this Part (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Minister is concerned, by the Secretary of State and the Minister acting jointly (but subject to subsection (3) below). Any function of the Secretary of State under sections 108(8) and 110 above is exercisable, where the function is to be exercised in relation to a matter with which the Agency is concerned— if it is a matter with which the Minister is also concerned, by the Secretary of State, the Minister and the Agency acting jointly; otherwise, by the Secretary of State and the Agency acting jointly. Accordingly, references in this Part to the Secretary of State shall, where subsection (1), (2) or (3) above applies, be treated as references to the authorities in question acting jointly. The Agency shall be consulted before— any regulations are made under this Part, other than under section 113 above, or any consent is granted or varied. The reference in section 113 above to expenditure of the Secretary of State in discharging functions under this Part in relation to consents shall be taken to include a reference to the corresponding expenditure of the Minister in discharging those functions jointly with the Secretary of State. The validity of anything purporting to be done in pursuance of the exercise of a function of the Secretary of State under this Part shall not be affected by any question whether that thing fell, by virtue of this section, to be done jointly with the Minister or the Agency (or both). In this section— “ the Agency ” means the Food Standards Agency; and “ the Minister ” means the Minister of Agriculture, Fisheries and Food. In the application of this section to Scotland, the reference in subsection (8) to the Food Standards Agency is to be read as a reference to Food Standards Scotland.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section determines when the Secretary of State must exercise his functions under Part VI of the Environmental Protection Act 1990 jointly with the Minister of Agriculture, Fisheries and Food or the Food Standards Agency (or both). It applies to both regulatory powers and other functions, except the power to make regulations under section 113 (which is excluded).
If a function relates to a matter with which the Minister is concerned, it must be exercised jointly with the Minister. If it relates to a matter with which the Agency is concerned, it must be exercised jointly with the Agency (and also with the Minister if the Minister is also concerned). For functions under sections 108(8) and 110, special rules apply.
The section also requires that the Agency be consulted before any regulations are made (other than under section 113) or any consent is granted or varied. It includes a saving provision that the validity of any action is not affected by a question of whether it should have been done jointly. Finally, it defines 'the Agency' as the Food Standards Agency (or Food Standards Scotland in Scotland) and 'the Minister' as the Minister of Agriculture, Fisheries and Food.
When it applies
- The Secretary of State wants to make regulations under Part VI concerning genetically modified organisms that also affect agricultural policy – the Minister of Agriculture must be involved jointly.
- The Secretary of State is to grant a consent for the release of a GMO that concerns food safety – the Food Standards Agency must be consulted and may need to be a joint actor.
- The Secretary of State exercises a function under section 108(8) that relates to a matter of concern to both the Minister and the Agency – all three must act jointly.
- A person challenges the validity of a regulation on the grounds that it was not made jointly with the Minister – the section says that does not affect validity.
- The Agency is not consulted before a consent is varied – the section requires consultation.
What this section does not say
- This section does not define what constitutes a 'matter with which the Minister is concerned' – that is left to interpretation.
- This section does not set out the procedure for how the joint exercise is to be carried out (e.g., who signs, how disagreements are resolved).
- This section does not give individuals a right to challenge a decision for non-compliance with the joint exercise requirements – it only says validity is not affected.
- This section does not apply to the power to make regulations under section 113 – that power is excluded from the joint exercise requirement.
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This page reproduces the text of EPA 1990 s. 126 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.