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Part 3Legislation relating to the European Communities etc

Implementation of Community obligations etc

28Power to make ambulatory references to Community instruments

In the European Communities Act 1972 (c. 68), in Schedule 2 (provisions as to subordinate legislation), after paragraph 1 insert—

1A(1)Where—

(a)subordinate legislation makes provision for a purpose mentioned in section 2(2) of this Act,

(b)the legislation contains a reference to a Community instrument or any provision of a Community instrument, and

(c)it appears to the person making the legislation that it is necessary or expedient for the reference to be construed as a reference to that instrument or that provision as amended from time to time,

the subordinate legislation may make express provision to that effect.

(2)In this paragraph “subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaws or other instrument made after the coming into force of this paragraph under any Act, Act of the Scottish Parliament or Northern Ireland legislation passed or made before or after the coming into force of this paragraph.