Corporate

Legal Action

Request

  1. What authority does FSS have to compel stakeholders to take legal action following a decision by FSS.
  2. For what reason would FSS compel stakeholders to take legal action following a decision by FSS.
  3. After a decision has been made by FSS, how many times has FSS compelled stakeholders to take legal action in order to help enforce their decision, specifically the stakeholders

            a. Local authorities

            b. Health boards

            c. Private organisations

     4. How many times has FSS compelled each a. local authority, and b. health board in Scotland to take legal action to help enforce their decision

How many times they had forced  each of the following stakeholders

  • Each of Scotland’s 32 Local Authorities
  • Each of Scotland’s 14 NHS Boards
  • Individual public bodies
  • Individual private companies and or organisations
  • Individuals
  • In each year from 2015 to 2018
  • The status and/or court ruling of each case pursued, and as a result of FSS compelling legal action, the cost of each case and any awards made.

Response

Food Standards Scotland (FSS) was set up as the national Food Body for Scotland by the Food (Scotland) Act 2015.

The general functions of FSS include development (and assisting Scottish Ministers, public bodies and officer holders to develop) policies in relation to food and animal feeding stuffs matters and to advise, inform and assist the Scottish Ministers, public bodies and office holders and others in relation to food and animal feeding stuffs matters.

In addition FSS is required to monitor the performance of, and promote best practice by, enforcement authorities in enforcing food law. FSS has a team dedicated to this function where they audit Local Authorities against the Food Law Code of Practice. 

FSS does not have authority to compel any stakeholder, whether this is a Local Authority, Health Board or Private Organisation to take a particular course of legal action and as such no such action has ever been taken.

FSS engages with Local Authorities in an advisory capacity on a regular basis and works in partnership with Health Boards to deliver joint objectives relating to public health.

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