Law On Acquisition Of Assets Positions Etc. The Changed Responsibilities In Food Administration

Original Language Title: Lov om overtakelse av formuesposisjoner mv. ved endret ansvarsfordeling i matforvaltningen

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Law on acquisition of assets positions etc. the changed responsibilities in food administration.

Date LOV-2003-09-12-94

Ministry of Agriculture and Food


LOV-2005-06-17-90 from 01.01.2008

Published in 2003 Booklet 13

Commencement 05/28/2004



Short Title
Law on takeover of food administration

§ 1. Purpose The purpose of this Act is to regulate the state's takeover of Food Control of municipalities and disputes that may arise in this connection.

§ 2. Capital Positions Beginning with the entry into force of this law, the state has the right and obligation to acquire all asset positions, including rights and obligations, which primarily can be attributed to activities of the municipality within an audit of foodstuffs and meat inspection, with the exception of the capital positions stated in the second paragraph.
State does not have the right and obligation to take over the land, buildings and premises from municipalities. In cases where the state does not take over the land, buildings and premises from municipalities, the state shall be entitled to dispose of land, buildings and premises which may preferably be linked to the municipality's activities in food control and meat inspection.
Act on 6 April 1984 no. 17 concerning compensation upon expropriation of real property, shall not apply to takeover.

§ 3. Relations with claimants and other licensees If, in connection with the transfer to the state of rights and obligations, as mentioned in § 2, transferred debt or other obligations, it is liberating for the municipality.
Claimants and other rights can not oppose the transfer or claim that the transfer constitutes a loss because of the legal relationship.

§ 4. Transparency municipalities must provide the state required transparency and access to municipal operations in Food Control.

§ 5. Fees and tax exemptions shall not be paid stamp duty in accordance with § 6 of the Act of 12 December 1975 no. 59 relating to stamp duty, re-registration fee under § 1 of the Law of 19 June 1959 No.. 2 concerning charges for vehicles and boats or court fees pursuant to §§ 21 and 24 of the Act of 17 December 1982 No.. 86 on court fees in connection with the state's takeover of assets positions that are a direct result of this law.

§ 6. Dispute Resolution Both the state and the municipality may require that questions concerning further clarification and specification of the capital positions state has the right and obligation to take over from the municipalities in accordance with § 2, shall be settled by a tribunal. The Tribunal does not assess what specific debt obligations the state has the right and obligation to enter into.
Both the state and the municipality may require that the question of which man-frame that will form the basis for the transfer of personnel from each municipality, shall be decided by the Tribunal .
Committee shall have five members. Ministry appoints two members and their deputies are to the Tribunal. Norwegian Association appoints two members and their deputies are to the Tribunal. In addition, appoints the senior judge in Borgarting head of the Committee and executive deputy. The chairman and executive deputy shall have the characteristics that are prescribed for judges, see Justice Act § 53, ref. § 54, second paragraph.
Tribunal decision, taken by the ruling, shall be justified.
Expenses of the Tribunal met in relation to the provisions of the Civil Procedure Act Chapter 20.
Ministry may issue further rules for the Tribunal.
Questions about rights and obligations under § 2 can not be brought before the courts before the opportunity to resolve the case of the tribunal are utilized. Lawsuits relating to civil rights or obligations under § 2 does not have suspensive effect.

§ 7. Detailed transitional provisions The King may issue further transitional provisions.

§ 8. Commencement This Act comes into force when the King bestemmer.1