The Treaty of Lisbon (Changes in Terminology) Order 2011

Statutory Instruments

2011 No. 1043

European Union

The Treaty of Lisbon (Changes in Terminology) Order 2011

Made

28th March 2011

Laid before Parliament

1st April 2011

Coming into force

22nd April 2011

The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to changes in terminology or numbering arising out of the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13 December 2007.

The Secretary of State makes the following Order in exercise of the powers conferred by:

(a)section 3(4) and (5) of the European Union (Amendment) Act 2008(3) (to the extent that the Order applies to provisions contained in (i) an Act of Parliament passed before 19 June 2008, or (ii) an instrument made before 19 June 2008 under an Act of Parliament), and

(b)section 2(2) of the European Communities Act 1972 (to the extent that the Order applies to provisions contained in (i) an Act of Parliament passed on or after 19 June 2008, (ii) an instrument made on or after 19 June 2008 under an Act of Parliament, (iii) an Act of the Scottish Parliament(4), or (iv) an instrument made under an Act of the Scottish Parliament):

PART 1Citation and Commencement

Citation

1.  This Order may be cited as the Treaty of Lisbon (Changes in Terminology) Order 2011.

Commencement

2.  This Order comes into force on 22nd April 2011.

PART 2Amendments to Acts of Parliament, Acts of the Scottish Parliament and certain statutory instruments

Application

3.  (1)  The amendments made by this Part apply to provisions contained in—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament, or

(c)an instrument made under an Act of Parliament or an Act of the Scottish Parliament (or both).

(2) The amendments made by this Part do not apply to—

(a)an instrument falling within article 8(1),

(b)an Order in Council mentioned in section 24(5)(c), (e) or (g) of the Interpretation Act 1978 (Northern Ireland legislation),

(c)the European Communities Act 1972,

(d)the Interpretation Act 1978(5),

(e)the European Union (Amendment) Act 2008,

(f)the title of an Act or statutory instrument,

(g)a reference to the title of an Act or statutory instrument,

(h)a reference to the title of an item of European Community legislation, or

(i)a reference to a term defined in an item of European Community legislation.

(3) The amendments made by this Part do not apply to a reference that relates only to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force) and do not affect any other reference in its application to things done before that date.

European Community – European Union

4.  (1)  For references to the European Communities or to the European Community or the European Coal and Steel Community (including references to “the Communities”, “the Community”, “the EC” or “the EEC”) substitute references to the European Union.

(2) Paragraph (1) does not apply to—

(a)the use of “Community”, “EC” or “EEC” as an adjective (but see article 6);

(b)a reference that forms part of a reference to a treaty (but see article 5).

Article 310 of the Treaty of Amsterdam

5.  For references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts” substitute “Article 217 of the Treaty on the Functioning of the European Union”.

“Community”

6.  (1)  In the following terms (which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) for the word “Community” substitute “EU”—

(a)Community treaties,

(b)Community customs duty,

(c)Community institution,

(d)Community instrument,

(e)Community obligation, and

(f)enforceable Community right.

(2) In the following terms, and in those terms preceded by the word “European”, for “Community”, or as the case may be “European Community”, substitute “EU”—

(a)Community law,

(b)Community legislation, and

(c)Community provision.

(3) Where the term mentioned in paragraph (1) or (2) is preceded by the word “a”, for “a” substitute “an”.

(4) Paragraphs (1) to (3) do not apply where the term mentioned in paragraph (1) or (2) forms part of a reference to a treaty.

(5) Paragraph (2) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.

Miscellaneous

7.  Schedule 1, which contains miscellaneous amendments, has effect.

PART 3Amendments to certain legislation relating to Wales

Application

8.  (1)  The amendments made by this Part apply to provisions contained in an instrument made under an Act of Parliament by the Assembly constituted by the Government of Wales Act 1998 or by the Welsh Ministers (whether alone or with any other person), other than an instrument that is made in the English language only.

(2) The amendments made by this Part do not apply to—

(a)the title of a statutory instrument,

(b)a reference to the title of an Act or statutory instrument,

(c)a reference to the title of an item of European Community legislation, or

(d)a reference to a term defined in an item of European Community legislation.

(3) The amendments made by this Part do not apply to a reference that relates only to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force) and do not affect any other reference in its application to things done before that date.

European Community – European Union

9.  (1)  For references to the European Communities or to the European Community (including references to “the Communities”, “the Community”, “the EC” or “the EEC”) substitute references to the European Union.

(2) For references to Cymunedau Ewropeaidd (European Communities) or to Cymuned Ewropeaidd (European Community) (including references expressed by the word “Cymuned” (Community) or “Cymunedau” (Communities), and any abbreviated, grammatically mutated or other forms of any of those references) substitute references to Undeb Ewropeaidd (European Union) and make any consequential grammatical amendments that are necessary.

(3) Paragraph (1) does not apply to—

(a)the use of “Community”, “EC” or “EEC” as an adjective (but see article 10);

(b)a reference that forms part of a reference to a treaty.

(4) Paragraph (2) does not apply to—

(a)the use of “Cymuned” or “Cymunedol” (Community), or any abbreviated form of Cymunedau Ewropeaidd (European Communities) or Cymuned Economaidd Ewropeaidd (European Economic Community) (or any grammatically mutated forms of any of those terms), as an adjective (but see article 10);

(b)a reference that forms part of a reference to a treaty.

Terms defined by the European Communities Act 1972

10.  (1)  In the following terms (which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) for the word “Community” substitute “EU”—

(a)Community treaties,

(b)Community customs duty,

(c)Community institution,

(d)Community instrument,

(e)Community obligation, and

(f)enforceable Community right.

(2) In the following terms (which correspond to the relevant English language terms which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) (including any grammatically mutated or other forms of the following terms) for the words “Cymuned” and “Cymunedol” (Community) (including any grammatically mutated or other form of those words) substitute “UE” (EU) and make any consequential grammatical amendments that are necessary—

(a)cytuniadau’r Gymuned or cytuniadau Cymunedol (Community treaties),

(b)tollau’r Gymuned or tollau Cymunedol (Community customs duty),

(c)sefydliad Cymuned or sefydliad Cymunedol (Community institution),

(d)offeryn Cymuned, offeryn y Gymuned or offeryn Cymunedol (Community instrument),

(e)rhwymedigaeth Gymuned or rhwymedigaeth Gymunedol (Community obligation), and

(f)hawl Gymuned orfodadwy or hawl Gymunedol orfodadwy (enforceable Community right).

(3) In the following terms, and in those terms preceded by the word “European”, for “the Community”, or as the case may be “European Community”, substitute “EU”-

(a)Community law;

(b)Community legislation;

(c)Community provision.

(4) For “cyfraith y Gymuned” or “cyfraith Gymunedol” (Community law), and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “cyfraith yr UE” (EU law) and make any consequential grammatical amendments that are necessary.

(5) For “deddfwriaeth y Gymuned” or “deddfwriaeth Gymunedol” (Community legislation) and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “deddfwriaeth yr UE” (EU legislation) and make any consequential grammatical amendments that are necessary.

(6) For “darpariaeth Gymuned”, “darpariaeth y Gymuned” or “darpariaeth Gymunedol” (Community provision) and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “darpariaeth UE” (EU provision) and make any consequential grammatical amendments that are necessary.

(7) Where the term mentioned in paragraph (1) or (3) is preceded by the word “a”, for “a” substitute “an”.

(8) Paragraphs (1) to (7) do not apply where the term mentioned in paragraph (1), (2), (3), (4), (5) or (6) forms part of a reference to a treaty.

(9) Paragraph (3) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.

(10) Paragraph (6) does not apply to the term “darpariaeth Gymunedol benodedig” (or any grammatically mutated or other form of that term) where used in an enactment containing a definition of that term.

Miscellaneous

11.  Schedule 2, which contains miscellaneous amendments, has effect.

David Lidington

Minister of State for Europe

Foreign and Commonwealth Office

28th March 2011

Article 7

SCHEDULE 1Miscellaneous Amendments

PART 1Acts of Parliament

1.  For section 58E(7) of the Customs and Excise Management Act 1979(6), substitute—

(7) In subsection (6) above “Community goods” means goods which satisfy the conditions laid down in Articles 28 and 29 of the Treaty on the Functioning of the European Union.

2.  In Parts 1A and 1B of Schedule 1 to the Vehicle Excise and Registration Act 1994(7), for “EC certificate of conformity”, in each place, substitute “EU certificate of conformity”.

PART 2Statutory instruments

3.  For the definition of “Community goods” in regulation 2 of the Free Zone Regulations 1984(8), substitute—

“Community goods” means goods which fulfil the conditions of Article 28 of the Treaty on the Functioning of the European Union;

4.  In the following provisions of the Statistics of Trade (Customs and Excise) Regulations 1992 (9), for “intra-Community” substitute “intra-EU”—

(a)regulations 3(2) and (3), and

(b)regulation 4(2).

5.  (1)  The Export of Objects of Cultural Interest (Control) Order 2003(10) is amended as follows.

(2) In Article 1(2)—

(a)omit the definition of “Community Licence”, and

(b)after the definition of “exportation” insert—

“EU Licence” means an authorisation granted by the Secretary of State (whether before or after commencement of this Order) under the Regulation;.

(3) In Article 3(1), for “A Community licence” substitute “An EU licence”.

(4) In Articles 4(1) and 5(1)(a), for “a Community licence” substitute “an EU licence”.

(5) In Article 8(2)(b), for “European Community” substitute “EU”.

6.  In regulation 6A(b)(i) of the General Food Regulations 2004(11) for “Community level” substitute “EU level”.

7.  In regulation 4(4) of, and Schedule 4 to, the Public Contracts Regulations 2006(12), for “European Treaties” substitute “EU Treaties”.

8.  In regulation 4(4) of, and Schedule 4 to, the Utilities Contracts Regulations 2006(13), for “European Treaties” substitute “EU Treaties”.

9.  In the Ceramic Articles in Contact with Food (England) Regulations 2006(14), for “the Community”, in each place, substitute “the EEA”.

10.  (1)  The Supply of Machinery (Safety) Regulations 2008(15) are amended as follows.

(2) In regulation 5 for “Community directives” substitute “EU directives”.

(3) In regulation 14 for “a Community directive” substitute “an EU directive”.

(4) In Part 1 of Schedule 2 for “Community directives”, in each place, substitute “EU directives”.

11.  (1)  The Sea Fishing (Recovery Measures) Order 2008(16) is amended as follows.

(2) In article 3(1)—

(a)omit the definition of “Community fishing boat”, and

(b)after the definition of “equivalent provision” insert—

“EU fishing boat” means a fishing boat flying the flag of, and registered in, a member State, other than a relevant fishing boat;.

(3) In articles 4 to 7 and 10, for “a Community fishing boat”, in each place, substitute “an EU fishing boat”.

12.  In regulation 16(1)(a)(ii) of the Swine Vesicular Disease Regulations 2009(17), for “intra-Community trade” substitute “intra-EU trade”.

13.  In the Marketing of Fresh Horticultural Produce Regulations 2009(18), for “Community marketing rules”, in each place (including the heading of regulation 4), substitute “EU marketing rules”.

14.  (1)  The Provision of Services Regulations 2009(19) are amended as follows.

(2) In regulation 5(1)(b), for “Community rules” substitute “EU rules”.

(3) In regulation 5(3)(a), for “Community acts” substitute “EU acts”.

(4) In regulation 26(3)(a), for “Community harmonisation” substitute “EU harmonisation”.

PART 3Scottish statutory instruments

15.  In regulation 4(4) of, and Schedule 4 to, the Public Contracts (Scotland) Regulations 2006(20), for “European Treaties” substitute “EU Treaties”.

16.  In regulation 4(4) of, and Schedule 4 to, the Utilities Contracts (Scotland) Regulations 2006(21), for “European Treaties” substitute “EU Treaties”.

17.  In the Ceramic Articles in Contact with Food (Scotland) Regulations 2006(22) for “the Community”, in each place, substitute “the EEA”.

18.  In the Marketing of Fresh Horticultural Produce (Scotland) Regulations 2009(23), for “Community marketing rules”, in each place (including the heading of regulation 15), substitute “EU marketing rules”.

Article 11

SCHEDULE 2Wales: Miscellaneous Amendments

1.  (1)  The English language text of the Ceramic Articles in Contact with Food (Wales) Regulations 2006(24) is amended as follows.

(2) In regulation 2—

(a)for ““the Community” (“y Gymuned”)” substitute ““the EEA (“yr AEE”)”, and

(b)for “free circulation in the Community” substitute “free circulation in the EEA”.

(3) In regulations 4(2), 4(3), 6(3) and paragraph 1(2) of Schedule 3, for “the Community” substitute “the EEA”.

(4) The Welsh language text of those regulations (Rheoliadau Eitemau Ceramig mewn Cyffyrddiad â Bwyd (Cymru) 2006) is amended as follows.

(5) In regulation 2—

(a)for ““y Gymuned (“the Community”)” substitute ““yr AEE (“the EEA”)”, and

(b)for “i gylchrediad rhydd yn y Gymuned” substitute “i gylchrediad rhydd yn yr AEE”.

(6) In regulations 4(2) and 6(3), for “y Gymuned” substitute “yr AEE”.

(7) In regulation 4(3) and paragraph 1(2) of Schedule 3, for “i’r Gymuned” substitute “i’r AEE”.

2.  (1)  The English language text of the School Milk (Wales) Regulations 2008(25) is amended as follows.

(2) In regulation 2, for ““the Community rules” (“y rheolau Cymunedol”)” substitute ““the EU rules” (“rheolau’r UE”)”.

(3) In regulation 4(2)(b), for “Community rules” substitute “EU rules”.

(4) The Welsh language text of those regulations (Rheoliadau Llaeth Ysgol (Cymru) 2008) is amended as follows.

(5) In regulation 2, for ““y rheolau Cymunedol” (“the Community rules”)” substitute ““rheolau’r UE (“the EU rules”)”.

(6) In regulation 4(2)(b), for “â’r rheolau Cymunedol” substitute “â rheolau’r UE”.

3.  (1)  In the English language text of regulation 16(1)(a)(ii) of the Swine Vesicular Disease (Wales) Regulations 2009(26), for “intra-Community trade” substitute “intra-EU trade”.

(2) In regulation 16(1)(a)(ii) of the Welsh language text of those regulations (Rheoliadau Clefyd Pothellog y Moch (Cymru) 2009), for “masnach ryng-Gymunedol” substitute “masnach ryng-UE”.

4.  (1)  The English language text of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 (27) is amended as follows.

(2) In regulation 2, for ““EC national” (“gwladolyn o’r GE”)” substitute ““EU national” (“gwladolyn o’r UE”)”.

(3) In the following provisions for “EC” substitute “EU”—

(a)regulation 15(d),

(b)regulation 69(4)(d),

(c)regulation 85(23)(d),

(d)paragraphs (c) and (d) of the definition of “family member” in paragraph 1(1) of Schedule 1,

(e)paragraph 9(1)(a) and (3) of Schedule 1 (and in the heading to paragraph 9),

(f)paragraph 10(1)(a) and (2) of that Schedule, and

(g)paragraph 6(c) of Schedule 4.

(4) The Welsh language text of those regulations (Rheoliadau Grantiau a Benthyciadau Dysgu y Cynulliad (Addysg Uwch) (Cymru) 2009) is amended as follows.

(5) In regulation 2, for ““gwladolyn o’r GE” (“EC national”)” substitute ““gwladolyn o’r UE” (“EU national”)”.

(6) In the following provisions for “GE” substitute “UE”—

(a)regulation 15(ch),

(b)regulation 69(4)(ch),

(c)regulation 85(23)(ch),

(d)paragraphs (c) and (ch) of the definition of “aelod o deulu (“family member”)” in paragraph 1(1) of Schedule 1,

(e)paragraph 9(1)(a) and (3) of Schedule 1 (and in the heading to paragraph 9),

(f)paragraph 10(1)(a) and (2) of that Schedule, and

(g)paragraph 6(c) of Schedule 4.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends legislation to reflect changes in terminology and numbering arising out of the Treaty of Lisbon, and makes some incidental changes. It thus enables the UK to give effect to EU obligations.

This Order amends (i) Acts of Parliament, (ii) Acts of the Scottish Parliament, and (iii) instruments made under an Act of Parliament or an Act of the Scottish Parliament (or both).

Articles 3 to 7 and Schedule 1 amend (i) Acts of Parliament, (ii) Acts of the Scottish Parliament, (iii) instruments made under an Act of Parliament or an Act of the Scottish Parliament (or both). Articles 8 to 11 and Schedule 2 amend statutory instruments made by the National Assembly of Wales or the Welsh Ministers (either alone or with another person), but not where that instrument is made in the English language only. In the latter case, special provision has been made for amendments in the Welsh language version of such instruments, which has sometimes required a different approach in the Welsh language and grammar.

Parts 2 and 3 of the Order are subject to the exceptions listed in articles 3(2) and (3)) and 8(2) and (3). Part 2 does not affect the European Communities Act 1972 or the Interpretation Act 1978 (which have both already been amended by the European Union (Amendment) Act 2008), or Northern Ireland legislation. Parts 2 and 3 do not affect titles, or reference to titles, of UK or EU legislation, or terms defined in EU legislation

This Order does not affect references, in their application to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force).

Articles 4 and 9 of the Order replace references to (i) the European Communities, (ii) the European Community, (iii) the European Coal and Steel Community (article 4 only), (iv) the Communities, (v) the Community, (vi) the EC, and (vii) the EEC, with references to the European Union. However, it does not generally make such changes where the terms (i) Community, (ii) EC, and (iii) EEC, are used as an adjective (such use is amended on a case by case basis as specified in Schedules 1 and 2 to the Order). Certain terms are amended by articles 6 and 10 of the Order to replace “EU” with “Community” when “Community” is used as an adjective in the terms “Community treaties”, “Community customs duty”, “Community institution”, “Community instrument”, “Community obligation”, “enforceable Community right”, “Community law”, “Community legislation” and “Community provision”. However, the Order does not amend the term “specified Community provision” where the relevant piece of legislation contains a definition of that term.

Following the entry into force of the Lisbon Treaty, the Euratom Community remains a separate legal entity from the EU. Therefore references to Euratom remain as such in legislation. Some references to “the Communities” appeared in a context where Euratom was necessarily included. Such references to “the Communities” have now become references to “the EU” by virtue of articles 4(1) and 9(1) and (2) of this Order. By virtue of s. 3(2) European Union (Amendment) Act 2008, these references include, as appropriate, as references to Euratom.

Article 5 of this Order provides that, in Acts of Parliament, Acts of the Scottish Parliament, and instruments made under such Acts, references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties established the European Communities and certain related acts”, is replaced by “Article 217 of the Treaty on the Functioning of the European Union”. This relates to references to EU powers relating to the conclusion of association agreements with third countries and international organisations.

Schedules 1 and 2 make specific changes to particular legislation. Schedule 2 in particular deals with Welsh legislation which has required a somewhat different approach to be taken given the use of Welsh language and grammar.

Annex I to this explanatory note lists some examples of legislation that will be affected by this Order.

Annex II to the explanatory note gives some examples as to how this Order will operate on terms in legislation.

No impact assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

Annex I – Table of Examples of Legislation that will be affected by this Order

Acts of Parliament
Local Government Act 1972
Customs and Excise Management Act 1979
Films Act 1985
Gas Act 1986
Company Directors’ Disqualification Act 1986
Electricity Act 1989
Food Safety Act 1990
Water Industry Act 1991
Railways Act 1993
Scotland Act 1998
Northern Ireland Act 1998
Competition Act 1998
Food Standards Act 1999
Financial Services and Markets Act 2000
Transport Act 2000
Enterprise Act 2002
Export Control Act 2002
Pensions Act 2004
Companies Act 2006
Government of Wales Act 2006
Climate Change Act 2008
Borders, Citizenship and Immigration Act 2009
Acts of the Scottish Parliament
Water Environment and Water Services (Scotland) Act 2003 (asp 3)
Climate Change (Scotland) Act 2009 (asp 12)
Statutory instruments
Import Duties (End-Use Goods) Regulations 1977, SI 1977/2042
State Awards (State Bursaries for Adult Education) (Wales) Regulations 1979. SI 1979/333
Customs Duty (Community Reliefs) Order 1984, SI 1984/719
Free Zone Regulations 1984, SI 1984/1177
Inward Processing Relief Arrangements (Customs Duties and Agricultural Levies) Regulations 1986, SI 1986/2148
Family Credit (General) Regulations 1987, SI 1987/1973
Agricultural Levies (Export Control) Regulations 1988, SI 1988/2135
European Economic Interest Grouping Regulations 1989, SI 1989/638
Disability Working Allowance (General) Regulations 1991, SI 1991/2887
Value Added Tax (Imported Gold) Relief Order 1992, SI 1992/3124
Merchant Shipping (Registration of Ships) Regulations 1993, SI 1993/3138
Conservation (Natural Habitats, etc) Regulations 1994, SI 1994/2716
Social Security (Incapacity Benefit) Regulations 1994, SI 1994/2946
Habitat (Broadleaved Woodland) (Wales) Regulations 1994, SI 1994/3099
Habitat (Water Fringe) (Wales) Regulations 1994, SI 1994/3100
Habitat (Coastal Belt) (Wales) Regulations 1994, SI 1994/3101
Habitat (Species-Rich Grassland) (Wales) Regulations 1994, SI 1994/3102
Moorland (Livestock Extensification) (Wales) Regulations 1995, SI 1995/1159
Food Labelling Regulations 1996, SI 1996/1499
Moorland (Livestock Extensification) (Wales) (Amendment No 2) Regulations 1996, SI 1996/3076
Lifts Regulations 1997, SI 1997/831
Fishing Vessels Decommissioning Scheme 1997, SI 1997/1924
Bread and Flour Regulations 1998 SI, 1998/141
Social Security and Child Support (Decision and Appeals) Regulations 1999, SI 1999/991
Fish Producers’ Organisations (Formation Grants) Regulations 1999, SI 1999/1110
Pressure Equipment Regulations 1999, SI 1999/2001
Paying Agency (National Assembly for Wales) Regulations 1999, SI 1999/2223
Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999, SI 1999/2228
Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000, SI 2000/656
Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, SI 2000/636
Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000, SI 2000/976 (W.46)
Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000, SI 2000/1075 (W.69)
Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000, SI 2000/1096 (W.74)
Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000, SI 2000/2230 (W.148)
Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000, SI 2000/3120
Feeding Stuffs (Wales) Regulations 2001, SI 2001/343 (W.15)
Products of Animal Origin (Import and Export) (Amendment) (Wales) Regulations 2001, SI 2001/1660 (W.119)
Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001, SI 2001/1701
Common Agricultural Policy (Wine) (Wales) Regulations 2001, SI 2001/2193 (W.155)
Fisheries and Aquaculture Structure (Grants) (Wales) Regulations 2002, SI 2002/675 (W.72)
Electronic Commerce Directive (Financial Services and Markets) Regulations 2002, SI 2002/1775
State Pension Credit Regulations 2002, SI 2002/1792
Kava-kava in Food (England) Regulations 2002, SI 2002/3169
Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002, SI 2002/3188 (W.304)
Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003, SI 2003/164
Tax Credits (Immigration) Regulations 2003, SI 2003/653
Food Supplements (Wales) Regulations 2003, SI 2003/1719 (W.186)
Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003, SI 2003/1370
Competition Appeal Tribunal Rules 2003, SI 2003/1372
Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2003, SI 2003/1776 (W.192)
Meat Products (England) Regulations 2003, SI 2003/2075
Fishing Vessels Decommissioning Scheme 2003, SI 2003/2669
Export of Objects of Cultural Interest (Control) Order 2003, SI 2003/2759
Jam and Similar Products (England) Regulations 2003, SI 2003/3120
Water Environment (Water Framework Directive) (England and Wales) Regulations 2003, SI 2003/3242
Jam and Similar Products (Wales) Regulations 2004, SI 2004/553 (W.56)
National Health Service (Performers Lists) (Wales) Regulations 2004, SI 2004/1020 (W.117)
National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Wales) Regulations 2004, SI 2004/1022 (W.119)
Competition Act 1998 (Concurrency) Regulations 2004, SI 2004/1077
Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, SI 2004/1261
Meat Products (Wales) Regulations 2004, SI 2004/1396 (W.141)
Farm Waste Grant (Nitrate Vulnerable Zones) (Wales) Scheme 2004, SI 2004/1606 (W.165)
Environmental Assessment of Plans and Programmes (Wales) Regulations 2004, SI 2004/1656 (W.170)
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861
Financial Services (Distance Marketing) Regulations 2004, SI 2004/2095
Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2004, SI 2004/2599 (W.232)
Competition Act 1998 (Office of Fair Trading’s Rules) Order 2004, SI 2004/2751
Oil and Fibre Plant Seed (Wales) Regulations 2004, SI 2004/2881 (W.251)
Food Labelling (Amendment) (No 2) (Wales) Regulations 2004, SI 2004/3022 (W.261)
Water Mergers (Determination of Turnover) Regulations 2004, SI 2004/3206
Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004, SI 2004/3280 (W.284)
General Teaching Council for Wales (Additional Functions) Order 2005, SI 2005/36 (W.3)
Water Industry (Determination of Turnover for Penalties) Order 2005, SI 2005/477
Dairy Produce Quotas (Wales) Regulations 2005, SI 2005/537 (W.47)
Cereal Seed (Wales) Regulations 2005, SI 2005/3036 (W.224)
Beet Seed (Wales) Regulations 2005, SI 2005/3037 (W.225)
Railways Infrastructure (Access and Management) Regulations 2005, SI 2005/3049
Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2005, SI 2005/3367 (W.264)
Public Contracts Regulations 2006, SI 2006/5
Utilities Contracts Regulations 2006, SI 2006/6
Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006, SI 2006/180 (W.31)
Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006, SI 2006/206
Housing Benefit Regulations 2006, SI 2006/213
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, SI 2006/214
Council Tax Benefit Regulations 2006, SI 2006/215
Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, SI 2006/216
Education (Student Loans) (Amendment) (England and Wales) Regulations 2006, SI 2006/929
National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006, SI 2006/945 (W.94)
Immigration (European Economic Area) Regulations 2006, SI 2006/1003
Social Security (Persons from Abroad) (Amendment) Regulations 2006, SI 2006/1026
Animal By-Products (Wales) Regulations 2006, SI 2006/1293 (W.127)
Plant Health (Phytophthora ramorum) (Wales) Order 2006, SI 2006/1344 (W.134)
Animals and Animal Products (Import and Export) (Wales) Regulations 2006, SI 2006/1536 (W.153)
Plant Health (Wales) Order 2006, SI 2006/1643 (W.158)
Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2006, SI 2006/1716 (W.178)
Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006, SI 2006/2798 (W.237)
Avian Influenza (Preventive Measures) (Wales) Regulations 2006, SI 2006/2803 (W.242)
Seed Potatoes (Wales) Regulations 2006, SI 2006/2929 (W.264)
Avian Influenza (Vaccination) (Wales) (No 2) Regulations 2006, SI 2006/2932 (W.265)
Local Elections (Principal Areas) (England and Wales) Rules 2006, SI 2006/3304
Local Elections (Parishes and Communities) (England and Wales) Rules 2006, SI 2006/3305
Rural Development Programmes (Wales) Regulations 2006, SI 2006/3343 (W.304)
Official Controls (Animals, Feed and Food) (Wales) Regulations 2007, SI 2007/196 (W.15)
Food Hygiene (Wales) (Amendment) Regulations 2007, SI 2007/373 (W.33)
Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007, SI 2007/376 (W.36)
Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (Wales) (Amendment) Regulations 2007, SI 2007/970 (W.37)
Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, SI 2007/1024
Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007, SI 2007/1050
Bovine Products (Restriction on Placing on the Market) (Wales) (No 2) (Amendment) Regulations 2007, SI 2007/1835 (W.159)
Offshore Marine Conservation (Natural Habitats, & c.) Regulations 2007, SI 2007/1842
Mobile Roaming (European Communities) Regulations 2007, SI 2007/1933
Transmissible Spongiform Encephalopathies (Wales) (Amendment) (No 2) Regulations 2007, SI 2007/2244 (W.176)
Education (Fees and Awards) (Wales) Regulations 2007, SI 2007/2310 (W.181)
Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2007, SI 2007/2312 (W.182)
Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, SI 2007/2785
Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2007, SI 2007/2333 (W.191)
Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007, SI 2007/2610 (W.221)
Plant Health (Phytophthora ramorum) (Wales) (Amendment) Order 2007, SI 2007/2715 (W.228)
Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) (No 2) Regulations 2007, SI 2007/2851 (W.248)
Rural Development Programmes and Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2007, SI 2007/2900 (W.251)
Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007, SI 2007/3279 (W.288)
Plant Health (Wales) (Amendment) (No 2) Order 2007, SI 2007/3305 (W.292)
Fishery Products (Official Controls Charges) (Wales) Regulations 2007, SI 2007/3462 (W.307)
Civil Aviation (Allocation of Scarce Capacity) Regulations 2007, SI 2007/3556
Infant Formula and Follow-on Formula (Wales) Regulations 2007, SI 2007/3573
Dairy Produce Quotas (Wales) (Amendment) Regulations 2008, SI 2008/685 (W.72)
Employment and Support Allowance Regulations 2008, SI 2008/794
Transmissible Spongiform Encephalopathies (Wales) (Amendment) Regulations 2008, SI 2008/1182 (W.119)
Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008, SI 2008/1287
Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008, SI 2008/1341 (W.141)
Supply of Machinery (Safety) Regulations 2008, SI 2008/1597
Shrimp Fishing Nets (Wales) Order 2008, SI 2008/1811 (W.175)
Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911
Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008, SI 2008/2072
School Milk (Wales) Regulations 2008, SI 2008/2141 (W.190)
Batteries and Accumulators (Placing on the Market) Regulations 2008, SI 2008/2164
Sea Fishing (Recovery Measures) Order 2008, SI 2008/2347
Bradford and Bingley Plc Transfer of Securities and Property etc Order 2008, SI 2008/2546
Heritable Bank Plc Transfer of Certain Rights and Liabilities Order 2008, SI 2008/2644
Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008, SI 2008/2716 (W.245)
Travellers’ Allowances (Amendment) Order 2008, SI 2008/3058
Transmissible Spongiform Encephalopathies (Wales) Regulations 2008, SI 2008/3154 (W.282)
Export Control Order 2008, SI 2008/3231
Operation of Air Services in the Community Regulations 2009, SI 2009/41
Transfer of Tribunal Functions and Revenue and Customs Appeal Order 2009, SI 2009/56
Plastic Materials and Articles in Contact with Food (England) Regulations 2009, SI 2009/205
Companies (Disclosure of Address) Regulations 2009, SI 2009/214
Fluorinated Greenhouse Gases Regulations 2009, SI 2009/261
European Fisheries Fund (Grants) (Wales) Regulations 2009, SI 2009/360 (W.35)
Wine Regulations 2009, SI 2009/386
Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, SI 2009/390 (W.40)
Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, SI 2009/392 (W.41)
Plastic Materials and Articles in Contact with Food (Wales) Regulations 2009, SI 2009/481 (W.49)
Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009, SI 2009/669
Road Vehicles (Approval) Regulations 2009, SI 2009/717
Motor Vehicles (Approval) (Amendment) Regulations 2009, SI 2009/815
Waste Batteries and Accumulators Regulations 2009, SI 2009/890
Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (W.81)
Companies Act 2006 (Amendment of Schedule 2) (No. 2) Order 2009, SI 2009/1208
Swine Vesicular Disease Regulations 2009, SI 2009/1299
Marketing of Fresh Horticultural Produce Regulations 2009, SI 2009/1361
Swine Vesicular Disease (Wales) Regulations 2009, SI 2009/1372 (W.135)
Marketing of Fresh Horticultural Produce (Wales) Regulations 2009, SI 2009/1551 (W.151)
Meat (Official Controls Charges) (Wales) Regulations 2009, SI 2009/1557 (W.152)
Meat (Official Controls Charges) (England) Regulations 2009, SI 2009/1574
Food Irradiation (England) Regulations 2009, SI 2009/1584
Common Agricultural Policy Single Payment and Support Schemes (Horticulture) Regulations 2009, SI 2009/1771
Food Irradiation (Wales) Regulations 2009, SI 2009/1795 (W.162)
Overseas Company Regulations 2009, SI 2009/1801
National Minimum Wage Regulations 1999 (Amendment) Regulations 2009, SI 2009/1902
Heavy Goods Vehicles (Charging for Use of Certain Infrastructure of the Trans-European Road Network) Regulations 2009, SI 2009/1914
Port Security Regulations 2009, SI 2009/2048
Assembly Learning Grant (Further Education) Regulations 2009, SI 2009/2158 (W.182)
Eggs and Chicks (England) Regulations 2009, SI 2009/2163
Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009, SI 2009/2737 (W.235)
Merchant Shipping (Anti-Fouling Systems) Regulations 2009, SI 2009/2796
Provisions of Services Regulations 2009, SI 2009/2999
Air Navigation Order 2009, SI 2009/3015
Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009, SI 2009/3254 (W.283)
Official Feed and Food Controls (Wales) Regulations 2009, SI 2009/3376 (W.298)
Fish Labelling (England) Regulations 2010, SI 2010/420
Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675
Fish Labelling (Wales) Regulations 2010, SI 2010/797 (W.78)
Food Hygiene (Wales) (Amendment) Regulations 2010, SI 2010/893 (W.92)
Eggs and Chicks (Wales) Regulations 2010, SI 2010/1671 (W.158)
Scottish statutory instruments
Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Irish Sea Cod) (Scotland) Order 2000, SSI 2000/26
Agricultural Business Development Scheme (Scotland) Regulations 2000, SSI 2000/448
Fishing Vessels (Decommissioning) (Scotland) Scheme 2003, SSI 2003/87
Public Contracts (Scotland) Regulations 2006, SSI 2006/1
Utilities Contracts (Scotland) Regulations 2006, SSI 2006/2
Contaminants in Food (Scotland) Regulations 2006, SSI 2006/306
Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006, SSI 2006/311
Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007, SSI 2007/1
Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007, SSI 2007/485
Fishery Products (Official Controls Charges) (Scotland) Regulations 2007, SSI 2007/537
Infant Formula and Follow-on Formula (Scotland) Regulations 2007, SSI 2007/549
Spreadable Fats, Milk and Milk Products (Scotland) Regulations 2008, SSI 2008/216
Eggs and Chicks (Scotland) (No. 2) Regulations 2008, SSI 2008/395
Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009, SSI 2009/30
Swine Vesicular Disease (Scotland) Order 2009, SSI 2009/173
Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009, SSI 2009/227
Waste Batteries (Scotland) Regulations 2009, SSI 2009/247
Meat (Official Controls Charges) (Scotland) Regulations 2009, SSI 2009/262
Common Agricultural Policy (Single Farm Payment and Support Schemes and Cross-Compliance) (Scotland) Amendment Regulations 2009, SSI 2009/391
Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009, SSI 2009/427
Official Feed and Food Controls (Scotland) Regulations 2009, SSI 2009/446
Food Hygiene (Scotland) Amendment Regulations 2010, SSI 2010/69
Fish Labelling (Scotland) Regulations 2010, SSI 2010/90
Dairy Produce Quotas (Scotland) Amendment Regulations 2011, SSI 2011/83

Annex II – Table of Examples as to how this Order will operate on terms in legislation

ArticleProvision to be amendedCurrent wordsNew words
4Marketing of Fresh Horticultural Produce Regulations 2009(28), reg.4(8)“any place outside the European Community”“any place outside the European Union”
4European Economic Interest Grouping Regulations 1989 (29), reg.10(1C)(c)(ii)“official languages of the Economic Community”“official languages of the European Union”
4Export Control Order 2008(30), art.2(1)““the Community General Export Authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation”No change.
4Conservation of Habitats and Species Regulations 2010(31), reg.8(1)(b)“a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive”No change.
5Employment and Support Allowance Regulations 2008(32), reg.11(3)(b)“an agreement under Article 310 of the Treaty of Amsterdam amending the Treaty on the European Union, the Treaties establishing the European Communities and certain related Acts providing...”“an agreement under Article 217 of the Treaty on the Functioning of the European Union providing...”
6(1)Overseas Companies Regulations 2009(33), Sch.2 para.11(1)“Community Treaties or any Community instrument”“EU Treaties or any EU instrument”
6(1) & (3)Provision of Services Regulations 2009(34), reg.24(2)(b)(i)“a Community obligation”“an EU obligation”
6(2)Provision of Services Regulations 2009(35) reg.22(5)“in accordance with Community law”“in accordance with EU law”
ArticleProvision to be amendedCurrent wordsNew words
6(4)Food Hygiene (England) Regulations 2006(36), reg.2(1)““specified Community provision” means...”No change.
9(1)Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002(37), reg. 17(2)(b)“inside or outside the European Community”“inside or outside the European Union”
9(2)Rheoliadau Organeddau a Addaswyd yn Enetig (Eu Gollwng yn Fwriadol) (Cymru) 2002(38), reg. 17(2)(b)“y tu mewn neu’r tu allan i’r Gymuned Ewropeaidd” (inside or outside the European Community)“y tu mewn neu’r tu allan i’r Undeb Ewropeaidd” (inside or outside the European Union)
9(3)Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000(39), reg. 2(1)“Community control measure”no change
9(4)Gorchymyn Pysgota Môr (Gorfodi Mesurau Rheoli’r Gymuned) (Cymru) 2000(40), reg. 2(1)“mesurau rheoli’r Gymuned” (Community control measure)no change
10(1)Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006(41), reg. 35(2)(a)“Community obligations”“EU obligations”
10(2)Rheoliadau Clwy’r Traed a’r Genau (Rheoli Brechu) (Cymru) 2006(42):reg 35(2)(a)“rhwymedigaethau Cymunedol” (Community obligations)“rhwymedigaethau UE” (EU obligations)
10(3)Environmental Assessment of Plans and Programmes (Wales) Regulations 2004(43), reg. 7“in relevant Community legislation”“in relevant EU legislation”
10(5)Rheoliadau Asesiadau Amgylcheddol o Gynlluniau a Rhaglenni (Cymru) 2004(44), reg. 7“yn neddfwriaeth berthnasol y Gymuned” (in relevant Community legislation)“yn neddfwriaeth berthnasol yr UE” (in relevant EU legislation)
(1)

See the European Communities (Designation) (No. 5) Order 2009.

(2)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and by the European Union (Amendment) Act 2008 (c. 7), Schedule 1.

(4)

The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

(9)

S.I. 1992/2790, amended by S.I. 2004/3284 and S.I. 2009/2974; there are other amending instruments but none is relevant.

(10)

S.I. 2003/2759, amended by S.I. 2009/2164.

(12)

S.I. 2006/5, to which there are amendments not relevant to this Order.

(13)

S.I. 2006/6, to which there are amendments not relevant to this Order.

(14)

S.I. 2006/1179, amended by S.I. 2007/2790.