European Communities Act 1972

2(1)Subject to paragraph 3 below, where a provison contained in any section of this Act confers power to make [F1any order, rules, regulations or scheme](otherwise than by modification or extension of an existing power), the power shall be exercisable by statutory instrument.U.K.

(2)Any statutory instrument containing an Order in Council or [F1any order, rules, regulations or scheme] made in the exercise of a power so conferred, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

Textual Amendments

F1Words in Sch. 2 para. 2(1)(2) substituted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 27(2)(a), 33

Modifications etc. (not altering text)

C1Sch. 2 para. 2 applied (18.11.2004) by Civil Partnership Act 2004 (c. 33), ss. 260(5), 263

C2Sch. 2 para. 2 amended (1.12.1998) by 1998 c. 38, s. 29(3); S.I. 1998/2789, art. 2

C3Sch. 2 para. 2(2) excluded (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 20(2), 33

C4Sch. 2 para. 2(2) amended (3.5.2007) by Government of Wales Act 2006 (c. 32), ss. 59(4), 161 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election " (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisons to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

C5Sch. 2 para. 2(2) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(2)(a), 182(1)(c) (with s. 180)