The European Communities (Designation) (No. 2) Order 2011

Statutory Instruments

2011 No. 2718

European Union

The European Communities (Designation) (No. 2) Order 2011

Made

16th November 2011

Laid before Parliament

23rd November 2011

Coming into force

14th December 2011

At the Court at Buckingham Palace, the 16th day of November 2011

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No. 2) Order 2011 and comes into force on 14th December 2011.

(2) In this Order—

“designated” means designated for the purposes of section 2(2), and similar expressions are to be construed accordingly;

“section 2(2)” means section 2(2) of the European Communities Act 1972.

Designation in relation to discrimination

2.  The Treasury is designated in relation to discrimination.

Relationship with other designations

3.—(1) This Order does not restrict the scope of any designation made by any other Order.

(2) Where—

(a) a Minister or department is designated by this Order, and

(b) any other Minister or department is designated in relation to the same matter by any other Order,

any of them may make subordinate legislation in relation to that matter jointly.

(3) In this article—

“Minister or department” means a Minister of the Crown or government department, including a Northern Ireland department;

“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

In England, Wales and Northern Ireland, only “designated” Ministers and departments can exercise the powers in section 2(2) of the European Communities Act 1972 (c. 68) to make orders, rules, regulations and schemes. This is one of a series of Orders by which Ministers and departments are designated for the purposes of section 2(2) in relation to different subject areas.

Article 2 designates the Treasury in relation to discrimination.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

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