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European Communities Act 1972

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European Communities Act 1972, Section 2B is up to date with all changes known to be in force on or before 24 August 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F12B(1)This paragraph applies where, pursuant to paragraph 2(2) above, a statutory instrument containing provision made in exercise of the power conferred by section 2(2) of this Act is laid before Parliament under section 5 of the Statutory Instruments Act 1946 (instruments subject to annulment) and—E+W+S+N.I.

(a)the instrument also contains provision made in exercise of a power conferred by any other enactment; and

(b)apart from this paragraph, either of the conditions in sub-paragraph (2) below applies in relation to the instrument so far as containing that provision.

(2)The conditions referred to in sub-paragraph (1)(b) above are that—

(a)the instrument so far as containing the provision referred to in sub-paragraph (1)(a) above is by virtue of any enactment required to be laid before Parliament after being made but—

(i)is not subject to annulment in pursuance of a resolution of either House of Parliament; and

(ii)is not by virtue of any enactment required to be approved by resolution of each House of Parliament in order to come into or remain in force;

(b)the instrument or a draft of the instrument so far as containing that provision is not by virtue of any enactment required at any time to be laid before Parliament.

(3)Where this paragraph applies in relation to a statutory instrument, the instrument, so far as containing the provision referred to in sub-paragraph (1)(a) above, is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this paragraph, references to an enactment are to an enactment passed or made before or after the coming into force of this paragraph.]

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Amendments (Textual)

F1Sch. 2 paras. 2A-2C inserted (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 29, 33

Modifications etc. (not altering text)

C1Sch. 2 para. 2B applied (with modifications) (25.5.2007) by 2006 c. 32, Sch. 11 para. 35A(2)(3) (as inserted by The Government of Wales Act 2006 (Transitional Provisions) Order 2007 ( S.I. 2007/1270), {art. 2(2)})

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