Section 12 - References to EU instruments
30.This section deals with references in ASPs and Scottish instruments to “EU instruments” (which is an expression listed in schedule 1). The section provides that a reference to an “EU instrument” is a reference to that instrument as amended, extended or applied by another “EU instrument” up to the day on which the ASP containing the reference receives Royal Assent or the Scottish instrument containing the reference is made. So the section supplies a clear cut-off point for ascertaining the version of the EU instrument to which the ASP or Scottish instrument refers.
31.The approach in this section is different from that in section 14 (references to other legislative provisions). The reason for the difference is that paragraph 1A of Schedule 2 to the European Communities Act 1972 confers power to make ambulatory references to “EU instruments”. This allows decisions to be taken on a case by case basis as to whether references to EU instruments should be ambulatory.
