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Article 3

SCHEDULEE+W+S+N.I.Changes in Terminology or Numbering

This schedule has no associated Explanatory Memorandum

PART 1 E+W+S+N.I.Acts of Parliament

1 1972 c.70; section 79(2A) was amended by the Electoral Administration Act 2006 (c.22), section 18(6) and Schedule 1, Part 3, paragraph 43(1) and (3).

2 1973 c.65; the definition of “citizen of the Union” in section 29(2) was inserted by S.I. 1995/1948 and was amended by the Electoral Administration Act 2006 (c.22), sections 18 and 77 and Schedule 1, paragraph 46(3), S.I. 2006/3412 and S.I. 2008/1316.

3 1979 c.2; section 52(2) was amended by S.I. 2011/43.

4 1982 c.27;

5 Section 1(3), the definition of “Brussels Contracting State” was substituted by S.I. 2007/1655.

6 Section 24(1)(c) was amended by S.I. 2009/3131.

ActProvisionExisting textSubstituted text
Local Government Act 19721Section 79(2A)“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”“Article 20(1) of the Treaty on the Functioning of the European Union”
Local Government (Scotland) Act 19732In section 29(2), the definition of “citizen of the Union”“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”“Article 20(1) of the Treaty on the Functioning of the European Union”
Customs and Excise Management Act 19793Section 52(2)“Article 235 of the EEC Treaty”“Article 352 of the Treaty on the Functioning of the European Union”
Civil Jurisdiction and Judgments Act 19824In section 1(3), paragraph (b) of the definition of “Brussels Contracting State”5“Article 299 of the Treaty establishing the European Community”“Articles 349 and 355 of the Treaty on the Functioning of the European Union”
Civil Jurisdiction and Judgments Act 1982Section 24(1)(c)6“Article 68 of the Treaty establishing the European Community”“Article 267 of the Treaty on the Functioning of the European Union”

1 1982 c.27; section 24(2)(c) was amended by S.I. 2001/3929 and S.I. 2009/3131.

2 1985 c.21; section 4 was amended by S.I. 2006/643.

3 1986 c.46.

4 1986 c.47.

5 Schedule 2, Part 1, paragraph 2 was amended by S.S.I. 2001/42.

6 1989 c.3; the definition of “citizen of the Union” was inserted by S.I. 1995/1948.

7 1989 c.29.

8 Section 43(3) was amended by the Competition Act 1998, section 54(2) and Schedule 10, paragraph 4(5), and S.I. 2004/1261.

9 1991 c.56.

ActProvisionExisting textSubstituted text
Civil Jurisdiction and Judgments Act 19821Section 24(2)(c)“Article 68 of the Treaty establishing the European Community”“Article 267 of the Treaty on the Functioning of the European Union”
Films Act 19852Schedule 1, paragraph 4(4)(a)“Article 310 of the Treaty establishing the European Community”“Article 217 of the Treaty on the Functioning of the European Union”
Company Directors Disqualification Act 19863Section 9A(4)(c)“Article 81 of the Treaty establishing the European Community”“Article 101 of the Treaty on the Functioning of the European Union”
Company Directors Disqualification Act 1986Section 9A(4)(d)“Article 82”“Article 102”
Legal Aid (Scotland) Act 19864Section 21(1)(b)“Article 177 of the EEC Treaty”“Article 267 of the Treaty on the Functioning of the European Union”
Legal Aid (Scotland) Act 1986In Part 1 of Schedule 2, paragraph 25“Article 234 of the EEC Treaty”“Article 267 of the Treaty on the Functioning of the European Union”
Elected Authorities (Northern Ireland) Act 19896In section 10(1), the definition of “citizen of the Union”“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”“Article 20(1) of the Treaty on the Functioning of the European Union”
Electricity Act 19897Section 43(3)(c)8“Article 81(1) of the treaty establishing the European Community”“Article 101(1) of the Treaty on the Functioning of the European Union”
Electricity Act 1989Section 43(3)(d)“Article 82 of the treaty establishing the European Community”“Article 102 of the Treaty on the Functioning of the European Union”
Water Industry Act 19919Section 31(3)(c)“Article 81(1) of the treaty establishing the European Community”“Article 101(1) of the Treaty on the Functioning of the European Union”

1 1991 c.56.

2 1993 c.32.

3 Section 6 was amended by the Scotland Act 1998, section 125 and Schedule 8, paragraph 28, the Government of Wales Act 1998, section 125 and Schedule 12, paragraph 34, S.I. 2001/3675 and S.I. 2001/3719.

4 1993 c.43.

5 Section 67(3) was amended by the Competition Act 1998, section 54(2) and Schedule 10, paragraph 6(5), and S.I. 2004/1261.

6 1995 c.46.

ActProvisionExisting textSubstituted text
Water Industry Act 19911Section 31(3)(d)“Article 82 of the treaty establishing the European Community”“Article 102 of the Treaty on the Functioning of the European Union”
European Communities (Amendment) Act 19932Section 3“Article 108 of the Treaty establishing the European Community”“Article 130 of the Treaty on the Functioning of the European Union”
European Communities (Amendment) Act 1993Section 4“Article 103(3) of the Treaty establishing the European Community”“Article 121(3) of the Treaty on the Functioning of the European Union”
European Communities (Amendment) Act 1993Section 5“Article 103(3) of the Treaty establishing the European Community”“Article 121(3) of the Treaty on the Functioning of the European Union”
European Communities (Amendment) Act 1993Section 5“Article 2”“Article 3 of the Treaty on European Union”
European Communities (Amendment) Act 1993Section 5“Articles 103 and 104c”“Articles 121 and 126 of the Treaty on the Functioning of the European Union”
European Communities (Amendment) Act 1993Section 63“Article 198a of the Treaty establishing the European Community”“Article 305 of the Treaty on the Functioning of the European Union”
Railways Act 19934Section 67(3)(c)5“Article 81(1) of the treaty establishing the European Community”“Article 101(1) of the Treaty on the Functioning of the European Union”
Railways Act 1993Section 67(3)(d)“Article 82 of the treaty establishing the European Community”“Article 102 of the Treaty on the Functioning of the European Union”
Criminal Procedure (Scotland) Act 19956Schedule 12, paragraph 46“the EC Treaty or under Title VI of the EU Treaty”“the EC Treaty or Title VI of the EU Treaty (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union”

1 1996 c.16.

2 Section 88(7) was inserted by the Police Reform Act 2002, section 103(1).

3 Section 89(5) was inserted by the Police Reform Act 2002, section 104(1).

4 1998 c.41.

5 Section 10(10) was amended by S.I. 2004/1261.

6 Section 11(1) was amended by S.I. 2004/1261.

7 Section 25 was substituted by S.I. 2004/1261.

8 Section 31 was substituted by S.I. 2004/1261.

9 Section 32(1) was amended by the Enterprise Act 2002, section 278(1) and Schedule 25, paragraph 38(1), (24)(a) and S.I. 2004/1261.

10 Section 33(1) was amended by the Enterprise Act 2002, section 278(1), Schedule 25, paragraph 38(1), (25)(a) and S.I. 2004/1261.

11 Section 35(9) was inserted by S.I. 2004/1261 and amended by S.I. 2011/1043.

12 Sections 36(1) and (2) were amended by the Enterprise Act 2002, section 278(1) and Schedule 25, paragraph 38(1), 24(a) and (b) and S.I. 2004/1261.

13 Section 46(3) was substituted by S.I. 2004/1261.

ActProvisionExisting textSubstituted text
Police Act 19961Section 88(7)(a)2“Article 34 of the Treaty on European Union”“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”
Police Act 1996Section 89(5)3“Article 34 of the Treaty on European Union”“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”
Competition Act 19984Section 10(10)5“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 11(1)6“Article 84”“Article 104”
Competition Act 1998Section 11(1)“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 25(5)7“Article 82”“Article 102”
Competition Act 1998Section 25(9)(a)“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 25(11)“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 31(2)(c)8“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 31(2)(d)“Article 82”“Article 102”
Competition Act 1998Section 32(1)9“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 33(1)10“Article 82”“Article 102”
Competition Act 1998Section 35(9)11“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 35(9)“Article 81(3)”“Article 101(3)”
Competition Act 1998Section 36(1)12“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 36(2)“Article 82”“Article 102”
Competition Act 1998Section 46(3)(b)13“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 46(3)(d)“Article 82”“Article 102”

1 1998 c.41.

2 Section 47A was inserted by the Enterprise Act 2002, section 18(1).

3 Section 52(1A) was inserted by S.I. 2004/1261.

ActProvisionExisting textSubstituted text
Competition Act 19981Section 47A(2) 2

“(c) the prohibition in Article 81(1) of the Treaty;

(d) the prohibition in Article 82 of the Treaty;

(e) the prohibition in Article 65(1) of the Treaty establishing the European Coal and Steel Community;

(f) the prohibition in Article 66(7) of that Treaty.”

“(c) the prohibition in Article 101(1) of the Treaty;

(d) the prohibition in Article 102 of the Treaty.”

Competition Act 1998Section 47A(6)

“(b) a decision of the OFT that the prohibition in Article 81(1) or Article 82 of the Treaty has been infringed;

(c) a decision of the Tribunal (on an appeal from a decision of the OFT) that the Chapter I prohibition, the Chapter II prohibition or the prohibition in Article 81(1) or Article 82 of the Treaty has been infringed;

(d) a decision of the European Commission that the prohibition in Article 81(1) or Article 82 of the Treaty has been infringed; or

(e) a decision of the European Commission that the prohibition in Article 65(1) of the Treaty establishing the European Coal and Steel Community has been infringed, or a finding made by the European Commission under Article 66(7) of that Treaty.”

“(b) a decision of the OFT that the prohibition in Article 101(1) or Article 102 of the Treaty has been infringed;

(c) a decision of the Tribunal (on an appeal from a decision of the OFT) that the Chapter I prohibition, the Chapter II prohibition or the prohibition in Article 101(1) or Article 102 of the Treaty has been infringed; or

(d) a decision of the European Commission that the prohibition in Article 101(1) or Article 102 of the Treaty has been infringed.”

Competition Act 1998Section 52(1A)(a)3“Article 81(1) and Article 82”“Article 101(1) and Article 102”
Competition Act 1998In section 58(2), paragraph (b) of the definition of “Part I proceedings”“Article 81(1) or Article 82”“Article 101(1) or Article 102”

1 1998 c.41.

2 Section 58(2), paragraph (a) of the definition of “relevant party” was amended by S.I. 2004/1261.

3 Section 58(2), paragraph (b) of the definition of “relevant party” was amended by S.I. 2004/1261.

4 Section 58A was inserted by the Enterprise Act 2002, section 20(1).

5 Section 59(1) was amended by S.I. 2004/1261 and S.I. 2011/1043; there are other amending instruments but none is relevant.

6 Section 61 was substituted by S.I. 2004/1261.

7 Section 62A was inserted by S.I. 2004/1261.

ActProvisionExisting textSubstituted text
Competition Act 19981In section 58(2), paragraph (a) of the definition of “relevant party” 2“Article 81(1)”“Article 101(1)”
Competition Act 1998In section 58(2), paragraph (b) of the definition of “relevant party” 3“Article 82”“Article 102”
Competition Act 1998Section 58A(1)(c)4“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 58A(1)(d)“Article 82”“Article 102”
Competition Act 1998Section 58A(3)(b)“Article 81(1) or Article 82”“Article 101(1) or Article 102”
Competition Act 1998Section 58A(3)(c)“Article 81(1) or Article 82”“Article 101(1) or Article 102”
Competition Act 1998Section 59(1)5

“ “Article 81(1)” means Article 81(1) of the Treaty;

Article 81(3)” means Article 81(3) of the Treaty;

Article 82” means Article 82 of the Treaty;”

“ “Article 101(1)” means Article 101(1) of the Treaty;

Article 101(3)” means Article 101(3) of the Treaty;

Article 102” means Article 102 of the Treaty;”

Competition Act 1998In section 59(1), the definition of “the European Court”“Court of First Instance”“General Court”
Competition Act 1998Section 59(1)“ “the Treaty” means the treaty establishing the European Community;”“ “the Treaty” means the Treaty on the Functioning of the European Union;”
Competition Act 1998Section 616“ “the Treaty” means the treaty establishing the European Community.”“ “the Treaty” means the Treaty on the Functioning of the European Union.”
Competition Act 1998Section 62A(2)(a) 7“Article 81(1) or 82”“Article 101(1) or 102”

1 1998 c.41.

2 Section 65C was inserted by S.I. 2004/1261.

3 Section 65D was inserted by S.I. 2004/1261.

4 Schedule 3, paragraph 9(1)(b) was amended by S.I. 2004/1261.

5 Schedule 3, paragraph 9(2) was amended by S.I. 2004/1261.

6 Schedule 9, paragraph 5(1)(d) was substituted by S.I. 2004/1261.

7 Schedule 9, paragraph 5(2) was substituted by S.I. 2004/1261.

8 1998 c.46.

9 1998 c.47.

10 1999 c.29.

11 In section 20(8), the definition of “citizen of the Union” was amended by the Electoral Administration Act 2006, section 18(6), Schedule 1, Part 3, paragraph 42(1) and (4).

ActProvisionExisting textSubstituted text
Competition Act 19981Section 65C(2) 2“Article 81(1)”“Article 101(1)”
Competition Act 1998Section 65C(2)“Article 82”“Article 102”
Competition Act 1998Section 65D(3) 3“Article 82”“Article 102”
Competition Act 1998Schedule 3, paragraph 9(1)(b) 4“Article 33 of the Treaty”“Article 39 of the Treaty on the Functioning of the European Union”
Competition Act 1998Schedule 3, paragraph 9(2) 5“Article 81(1)”“Article 101(1)”
Competition Act 1998Schedule 9, paragraph 5(1)(d)(ii) 6“Article 81(1)”“Article 101(1)”
Competition Act 1998Schedule 9, paragraph 5(1)(d)(iv)“Article 82”“Article 102”
Competition Act 1998Schedule 9, paragraph 5(2)(b) 7“Article 81(1)”“Article 101(1)”
Competition Act 1998Schedule 9, paragraph 5(2)(d)“Article 82”“Article 102”
Scotland Act 19988Section 34(3)“Article 177 of the Treaty establishing the European Community, Article 41 of the Treaty establishing the European Coal and Steel Community”“Article 267 of the Treaty on the Functioning of the European Union”
Northern Ireland Act 19989Section 12(3)

“(a) Article 177 of the Treaty establishing the European Community;

(b) Article 41 of the Treaty establishing the European Coal and Steel Community; or”

“(a) Article 267 of the Treaty on the Functioning of the European Union; or”
Greater London Authority Act 199910In section 20(8), the definition of “citizen of the Union”11“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”“Article 20(1) of the Treaty on the Functioning of the European Union”

1 2000 c.8.

2 Section 417(4) was inserted by S.I. 2002/1775.

3 2000 c.11.

4 Section 63C was inserted by the Crime (International Co-operation) Act 2003, section 52.

5 Schedule 8A was inserted by the Counter-Terrorism Act 2008, section 76(4), Schedule 8.

6 2000 c.38.

7 Section 86(3) was substituted by S.I. 2004/1261.

8 2002 c.28.

ActProvisionExisting textSubstituted text
Financial Services and Markets Act 20001In section 417(1), the definition of “the Treaty”“the treaty establishing the European Community”“the Treaty on the Functioning of the European Union”
Financial Services and Markets Act 2000Section 417(4)(b)2“Article 48”“Article 54”
Terrorism Act 20003Section 63C(4)(a)4“Treaty establishing the European Community”“Treaty on the Functioning of the European Union”
Terrorism Act 2000Schedule 8A, paragraph 7(2)(a)(ii)5“Article 48 of the EEC Treaty”“Article 54 of the Treaty on the Functioning of the European Union”
Transport Act 20006Section 86(3)(c)7“Article 81(1) of the treaty establishing the European Community”“Article 101(1) of the Treaty on the Functioning of the European Union”
Transport Act 2000Section 86(3)(d)“Article 82 of the treaty establishing the European Community”“Article 102 of the Treaty on the Functioning of the European Union”
Transport Act 2000Schedule 9, paragraph 3(3)(s)“Articles 84 and 85 of the Treaty establishing the European Community”“Articles 104 and 105 of the Treaty on the Functioning of the European Union”
Export Control Act 20028Section 5(3)“under Title V of the Treaty on European Union (provisions on a common foreign and security policy)”“under Title V of the Treaty on European Union”

1 2002 c.28.

2 In section 11(1), the definition of “EU provision” was amended by S.I. 2011/1043.

3 2002 c.32.

4 Schedule 11B was inserted by the Education Act 2011, section 13 and Schedule 4.

5 2002 c.40.

6 In section 209(2), the definition of “relevant EU instrument” was amended by S.I. 2011/1043.

7 2003 c.21.

8 Section 371(2) was substituted by S.I. 2004/1261.

ActProvisionExisting textSubstituted text
Export Control Act 20021In section 11(1), the definition of “EU provision”2“Article 249 of the Treaty establishing the European Community”“Article 288 of the Treaty on the Functioning of the European Union”
Education Act 20023Schedule 11B, paragraph 7(2)(a)(ii)4“Article 48 of the EEC Treaty”“Article 54 of the Treaty on the Functioning of the European Union”
Enterprise Act 20025In section 16(6), paragraph (b) of the definition of “infringement issue”“Article 81 or 82”“Article 101 or 102”
Enterprise Act 2002Section 209, section heading“Community competition law”“EU competition law”
Enterprise Act 2002Section 209(1)(b)“European Community competition law”“EU competition law”
Enterprise Act 2002Section 209(2)“European Community competition law”“EU competition law”
Enterprise Act 2002In section 209(2), the definition of “relevant EU instrument”6“Article 83 of the Treaty establishing the European Community”“Article 103 of the Treaty on the Functioning of the European Union”
Communications Act 20037Section 4(5)“Article 17 of the Treaty establishing the European Community”“Article 20 of the Treaty on the Functioning of the European Union”
Communications Act 2003Section 77(9)“Article 86 of the Treaty establishing the European Community”“Article 106 of the Treaty on the Functioning of the European Union”
Communications Act 2003Section 371(2)(c)8“Article 81(1) of the treaty establishing the European Community”“Article 101(1) of the Treaty on the Functioning of the European Union”
Communications Act 2003Section 371(2)(d)“Article 82 of the treaty establishing the European Community”“Article 102 of the Treaty on the Functioning of the European Union”

1 2003 c.21.

2 Schedule 11 was extended by S.I. 2003/3195 and S.I. 2003/3197.

3 2003 c.35.

4 2003 c.44.

5 2004 c.12.

6 2005 c.15.

ActProvisionExisting textSubstituted text
Communications Act 20031Schedule 11, paragraph 6(7)(a)2“the Treaty establishing the European Community and the European Court, and any decisions of that court, that are relevant to the construction of Article 81 of that Treaty”“the Treaty on the Functioning of the European Union and the European Court, and any decisions of that court, that are relevant to the construction of Article 101 of that Treaty”
European Union (Accessions) Act 20033In section 2(11), the definition of “worker”“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Criminal Justice Act 20034Section 76(4)(c)“Article 31 or 34 of the Treaty on European Union”“Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the European Union”
Finance Act 20045Section 324(1) and (2)“the Treaty establishing the European Communities”“the Treaty on the Functioning of the European Union”
Serious Organised Crime and Police Act 20056Section 30(5)(a)“Article 34 of the Treaty on European Union”“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”
Serious Organised Crime and Police Act 2005Section 57(6)(a)“Article 34 of the Treaty on European Union”“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”

1 2006 c.2.

2 2006 c.32.

3 2006 c.46.

4 2007 c.27.

5 2008 c.4.

ActProvisionExisting textSubstituted text
European Union (Accessions) Act 20061In section 2(10), the definition of “worker”“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Government of Wales Act 20062Section 113(3)“Article 234 of the Treaty establishing the European Community, Article 41 of the Treaty establishing the European Coal and Steel Community”“Article 267 of the Treaty on the Functioning of the European Union”
Companies Act 20063Section 482(3)“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
Companies Act 2006In section 1210(3), paragraph (b) of the definition of “bank”“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
Serious Crime Act 20074Section 34(7)(a)“Article 48 of the EEC Treaty”“Article 54 of the Treaty on the Functioning of the European Union”
Criminal Justice and Immigration Act 20085Schedule 14, paragraph 6(6)(a)(ii)“Article 48 of the EEC Treaty”“Article 54 of the Treaty on the Functioning of the European Union”
Criminal Justice and Immigration Act 2008Schedule 19, paragraph 46“under the treaty establishing the European Community or under Title VI of the Treaty on European Union”“under the Treaty establishing the European Community or Title VI of the Treaty on European Union (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union”

1 2009 c.25.

2 2010 c.15.

ActProvisionExisting textSubstituted text
Coroners and Justice Act 20091Schedule 12, paragraph 7(6)(a)(ii)“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
Coroners and Justice Act 2009Schedule 13, paragraph 6(6)(a)(ii)“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
Equality Act 20102Schedule 25, paragraph 7(5)(b)“Article 48 of the EEC treaty”“Article 54 of the Treaty on the Functioning of the European Union”

PART 2E+W+S+N.I.Statutory instruments

1 S.I. 1973/2143, to which there are amendments not relevant to this Order.

2 S.I. 1977/670, amended by S.I. 2008/548; there are other amending instruments but none are relevant.

3 S.I. 1977/2042, to which there are amendments not relevant to this Order.

4 S.I. 1984/719, amended by S.I. 2011/1043.

5 S.I. 1986/2148.

6 S.I. 1989/306, to which there are amendments not relevant to this Order.

7 S.I. 1993/3138, inserted by S.I. 1998/2976; there are other amending instruments but none are relevant.

InstrumentProvisionExisting textSubstituted text
Motor Vehicles (Compulsory Insurance) (No 2) Regulations 19731Regulation 6(1)“the treaty establishing the European Economic Community”“the Treaty on the Functioning of the European Union”
Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 19772Regulation 2(5)“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Import Duties (End-Use Goods) Regulations 19773Regulation 2(2)“Article 235 of the EEC Treaty”“Article 352 of the Treaty on the Functioning of the European Union”
Customs Duty (Community Reliefs) Order 19844Article 2“Article 235 of the EEC Treaty”“Article 352 of the Treaty on the Functioning of the European Union”
Inward Processing Relief Arrangements (Customs Duties and Agricultural Levies) Regulations 19865Regulation 2“Article 235 of the EEC Treaty”“Article 352 of the Treaty on the Functioning of the European Union”
National Health Service (Charges to Overseas Visitors) Regulations 19896In regulation 1(2), the definition of “member of the family”“Article 51 of the Treaty establishing the European Economic Community”“Article 48 of the Treaty on the Functioning of the European Union”
National Health Service (Charges to Overseas Visitors) Regulations 1989Regulation 4(1)(m)“Article 51 of the Treaty establishing the European Economic Community”“Article 48 of the Treaty on the Functioning of the European Union”
Merchant Shipping (Registration of Ships) Regulations 19937In regulation 1(2), the definition beginning “non-United Kingdom nationals”“Article 48 or 52 of the EEC Treaty”“Article 45 or 49 of the Treaty on the Functioning of the European Union”

1 S.I. 1996/192, to which there are amendments not relevant to this Order.

2 S.I. 1996/1499, to which there are amendments not relevant to this Order.

3 S.I. 1998/141, to which there are amendments not relevant to this Order.

4 S.I. 1998/3132, to which there are amendments not relevant to this Order.

5 S.I. 1999/2001, to which there are amendments not relevant to this Order.

6 S.I. 2001/1841, amended by S.I. 2008/548; there are other amending instruments but none are relevant.

7 S.I. 2001/2993, to which there are amendments not relevant to this Order.

InstrumentProvisionExisting textSubstituted text
Equipment and Protective Systems Intended for use in Potentially Explosive Atmosphere Regulations 19961Schedule 5“Article 223(1)(b) of the Treaty establishing the European Community”“Article 346(1)(b) of the Treaty on the Functioning of the European Union”
F1. . .F1. . .F1. . .F1. . .
Bread and Flour Regulations 19983Regulation 3(3)“Article 9.2 of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Civil Procedure Rules 19984Rule 30.8(1)(a)“Article 81 or Article 82 of the Treaty establishing the European Community”“Article 101 or Article 102 of the Treaty on the Functioning of the European Union”
Pressure Equipment Regulations 19995Schedule 1, paragraph 7“Article 296(1)(b) of the Treaty”“Article 346(1)(b) of the Treaty on the Functioning of the European Union”
Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 20016In regulation 1, the definition of “free circulation in Member States”“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Competition Act 1998 (Section 11 Exemption) Regulations 20017In regulation 2, the definition of “the Community prohibition”“Article 81”“Article 101”
Competition Act 1998 (Section 11 Exemption) Regulations 2001Regulation 3(1)“Article 84”“Article 104”

1 S.I. 2002/1775, to which there are amendments not relevant to this Order.

2 S.I. 2002/1792, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

3 S.I. 2002/2013, to which there are amendments not relevant to this Order.

4 S.I. 2002/3169, amended by S.I. 2004/455.

5 S.I. 2002/3170, to which there are amendments not relevant to this Order.

6 S.I. 2003/1370, to which there are amendments not relevant to this Order.

7 S.I. 2003/1372, to which there are amendments not relevant to this Order.

InstrumentProvisionExisting textSubstituted text
Electronic Commerce Directive (Financial Services and Markets) Regulations 20021Regulation 2(3)(a)“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
State Pension Credit Regulations 20022Regulation 2(3)(d)“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Electronic Commerce (EC Directive) Regulations 20023In regulation 2(1), the definition of “established service provider”“Article 48”“Article 54”
Electronic Commerce (EC Directive) Regulations 2002In regulation 2(1), the definition of “the Treaty”“the treaty establishing the European Community”“the Treaty on the Functioning of the European Union”
Kava-kava in Food (England) Regulations 20024In regulation 2, the definition of “free circulation in member States”“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Medicines for Human Use (Kava-kava) (Prohibition) Order 20025In article 1(2), the definition of “free circulation in member States”“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 20036In paragraph 1 of the Schedule, the definition of “aid”“Article 87 of the EC Treaty”“Article 107 of the Treaty on the Functioning of the European Union”
Competition Appeal Tribunal Rules 20037Rule 60(5)“Article 234 of the Treaty establishing the European Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community”“Article 267 of the Treaty on the Functioning of the European Union or Article 150 of the Treaty establishing the European Atomic Energy Community”.

1 S.I. 2003/2075, to which there are amendments not relevant to this Order.

2 S.I. 2003/3120, to which there are amendments not relevant to this Order.

3 S.I. 2004/1077.

4 S.I. 2004/1261.

5 S.I. 2004/1267, amended by S.I. 2009/813; there are other amending instruments but none are relevant.

6 S.I. 2004/1861, amended by S.I. 2008/2683; there are other amending instruments but none are relevant.

7 S.I. 2004/2095, to which there are amendments not relevant to this Order.

8 S.I. 2004/2751.

InstrumentProvisionExisting textSubstituted text
F2. . .F2. . .F2. . .F2. . .
Jam and Similar Products (England) Regulations 20032In regulation 2(1), the definition of “free circulation”“Article 24 of the Treaty establishing the European Community”“Article 29 of the Treaty on the Functioning of the European Union”
Competition Act 1998 (Concurrency) Regulations 20043Regulation 2

“(b) “Article 81(1)” means Article 81(1) of the treaty establishing the European Community;

(c) “Article 82” means Article 82 of the treaty establishing the European Community;”

“(b) “Article 101” means Article 101 of the Treaty on the Functioning of the European Union;

(c) “Article 102” means Article 102 of the Treaty on the Functioning of the European Union;”

Competition Act 1998 (Concurrency) Regulations 2004Regulation 3“(c) the prohibition in Article 81(1), or (d) the prohibition in Article 82,”“(c) the prohibition in Article 101(1), or (d) the prohibition in Article 102,”
Competition Act 1998 and Other Enactments (Amendment) Regulations 20044In regulation 2, the definition of “the Treaty”“treaty establishing the European Community”“Treaty on the Functioning of the European Union”
European Parliamentary Elections (Northern Ireland) Regulations 20045In regulation 2, the definition of “citizen of the Union”“Article 8 of the Treaty establishing the European Community”“Article 20 of the Treaty on European Union”
Employment Tribunals (Constitution and Rules of Procedure) Regulations 20046In Schedule 1, rule 58“Article 234 of the Treaty establishing the European Community”“Article 267 of the Treaty on the Functioning of the European Union”
Financial Services (Distance Marketing) Regulations 20047In regulation 2(1), the definition of “EEA supplier”“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
Competition Act 1998 (Office of Fair Trading's Rules) Order 20048In the Schedule, in rule 1(1), the defini-tion of “infringement decision”“Article 81(1) and the prohibition in Article 82 has been infringed”“Article 101(1) and the prohibition in Article 102 has been infringed”

1 S.I. 2004/2751.

2 S.I. 2004/3206, to which there are amendments not relevant to this Order.

3 S.I. 2005/477.

InstrumentProvisionExisting textSubstituted text
Competition Act 1998 (Office of Fair Trading's Rules) Order 20041In the Schedule, rule 2(1)“Article 81(1) and the prohibition in Article 82”“Article 101(1) and the prohibition in Article 102”
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004In the Schedule, rule 2(3)“Article 81(1)”“Article 101(1)”
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004In the Schedule, rule 4(1)“Article 81(1) and the prohibition in Article 82”“Article 101(1) and the prohibition in Article 102”
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004In the Schedule, rule 7(2)“(b) an agreement either because the conditions of the prohibition in Article 81(1) are not met or because the agreement satisfies the conditions of Article 81(3); or (c) conduct because the conditions of the Chapter II prohibition or the prohibition in Article 82 are not met;”“(b) an agreement either because the conditions of the prohibition in Article 101(1) are not met or because the agreement satisfies the conditions of Article 101(3); or (c) conduct because the conditions of the Chapter II prohibition or the prohibition in Article 102 are not met;”
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004In the Schedule, rule 10(1)“Article 81(1) and the prohibition in Article 82”“Article 101(1) and the prohibition in Article 102”
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004In the Schedule, rule 10(2)(a)“Article 81(1) and the prohibition in Article 82”“Article 101(1) and the prohibition in Article 102”
Competition Act 1998 (Office of Fair Trading's Rules) Order 2004In the Schedule, rule 10(2)(b)“Article 81(1) and the prohibition in Article 82”“Article 101(1) and the prohibition in Article 102”
Water Mergers (Determination of Turnover) Regulations 20042Paragraph 1 of the Schedule“Article 87 of the treaty establishing the European Community”“Article 107 of the Treaty on the Functioning of the European Union”
Water Industry (Determination of Turnover for Penalties) Order 20053In regulation 2(1), the definition of “aid”“Article 87 of the Treaty establishing the European Community”“Article 107 of the Treaty on the Functioning of the European Union”

1 S.I. 2005/3222, to which there are amendments not relevant to this Order.

2 S.I. 2006/213, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

3 S.I. 2006/214, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

4 S.I. 2006/215, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

5 S.I. 2006/216, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

6 S.I. 2006/1003, to which there are amendments not relevant to this Order.

7 S.I. 2006/1260, to which there are amendments not relevant to this Order.

InstrumentProvisionExisting textSubstituted text
Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 20051Regulation 2(2)(a)“Article 48 of the treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”
Housing Benefit Regulations 20062Regulation 10(3A)(d)“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20063Regulation 10(4)(d)“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
F3. . .F3. . .F3. . .F3. . .
F3. . .F3. . .F3. . .F3. . .
Immigration (European Economic Area) Regulations 20066Regulation 4(1)(a)“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Immigration (European Economic Area) Regulations 2006Regulation 4(1)(b)“Article 43 of the Treaty establishing the European Community”“Article 49 of the Treaty on the Functioning of the European Union”
Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 20067Schedule 2, paragraph 10(a)“Article 42 of the Treaty establishing the European Community”“Article 48 of the Treaty on the Functioning of the European Union”

1 S.I. 2006/1294, to which there are amendments not relevant to this Order.

2 S.I. 2006/3317, to which there are amendments not relevant to this Order.

3 S.I. 2007/236, to which there are amendments not relevant to this Order.

4 S.I. 2007/1334, to which there are amendments not relevant to this Order.

5 S.I. 2007/1550.

6 S.I. 2007/1842, amended by S.I. 2011/1043; there are other amending instruments but none are relevant.

InstrumentProvisionExisting textSubstituted text
Allocation of Housing and Homelessness (Eligibility) (England) Regulations 20061Regulation 4(1)(c)“the Treaty establishing the European Community”“the Treaty on the Functioning of the European Union”
Accession (Immigration and Worker Authorisation) Regulations 20062Regulation 1(2)(t)“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Accession (Immigration and Worker Authorisation) Regulations 2006Regulation 5“Article 39 of the Treaty establishing the European Communities”“Article 45 of the Treaty on the Functioning of the European Union”
National Assembly for Wales (Representation of the People) Order 20073In article 2(1), the definition of “relevant citizen of the Union”“Article 8.1 of the Treaty establishing the European Community (as amended by Title 2 of the Treaty on European Union)”“Article 20(1) of the Treaty on the Functioning of the European Union”
Export Control (North Korea) Order 20074Article 1(2)“ “a Community authorisation””“ “an EU authorisation””
Export Control (North Korea) Order 2007Article 5“Community authorisation” (in each place)“EU authorisation”
Electronic Commerce Directive (Terrorism Act 2006) Regulations 20075Regulation 2(2)(a)“Article 48 of the EEC Treaty”“Article 54 of the Treaty on the Functioning of the European Union”
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20076Regulation 32(14)(b)(i)“Article 37(2) of the EC Treaty”“Article 43 of the Treaty on the Functioning of the European Union”
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007Regulation 34(6)(b)(i)“Article 37(2) of the EC Treaty”“Article 43 of the Treaty on the Functioning of the European Union”
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007Regulation 39(11)(b)(i)“Article 37(2) of the EC Treaty”“Article 43 of the Treaty on the Functioning of the European Union”
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007Regulation 40(8)(a)“EC Treaty”“Treaty on the Functioning of the European Union”

1 S.I. 2007/1842, amended by S.I. 2011/1043; there are other amending instruments but none are relevant.

2 S.I. 2007/1933, to which there are amendments not relevant to this Order.

3 S.I. 2007/2157, to which there are amendments not relevant to this Order.

4 S.I. 2008/548.

5 S.I. 2008/794, to which there are amendments not relevant to this Order.

6 S.I. 2008/3206, to which there are amendments not relevant to this Order.

7 S.I. 2009/209, to which there are amendments not relevant to this Order.

8 S.I. 2009/476.

InstrumentProvisionExisting textSubstituted text
Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20071Regulation 43(6)(a)“EC Treaty”“Treaty on the Functioning of the European Union”
Mobile Roaming (European Communities) Regulations 20072Regulation 6(4)“Article 87 of the EEC Treaty”“Article 107 of the Treaty on the Functioning of the European Union”
Money Laundering Regulations 20073Schedule 2, paragraph 2(a)“Treaty on the European Union, the Treaties on the European Communities or Community secondary legislation”“Treaty on European Union, the Treaty on the Functioning of the European Union or EU secondary legislation”
Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 20084Regulation 1“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Employment and Support Allowance Regulations 20085Regulation 70(3)(d)“Article 39 of the Treaty establishing the European Community”“Article 45 of the Treaty on the Functioning of the European Union”
Spirit Drinks Regulations 20086Part 2 of Schedule 2“Annex I to the EEC Treaty” (in each place)“Annex I to the Treaty on the Functioning of the European Union”
Payment Services Regulations 20097In regulation 2(1), paragraph (a) of the definition of “passport right”“the Treaty establishing the European Community”“the Treaty on the Functioning of the European Union”
Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 20098In Article 5(2), the definition of “non- profit-making”“Article 48 of the Treaty establishing the European Community”“Article 54 of the Treaty on the Functioning of the European Union”

1 S.I. 2009/1603.

2 S.I. 2009/1914.

3 S.I. 2009/2999, to which there are amendments not relevant to this Order.

InstrumentProvisionExisting textSubstituted text
Supreme Court Rules 20091Rule 42(1)“Article 234 of the Treaty establishing the European Community”“Article 267 of the Treaty on the Functioning of the European Union”
Supreme Court Rules 2009Rule 42(2)“Article 234”“Article 267”
Supreme Court Rules 2009Rule 42(3)“Article 234”“Article 267”
Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 20092Regulation 14(2)(a)(ii)“the Treaty establishing the European Community, in particular Articles 12, 49, 86 and 87,”“the Treaty on the Functioning of the European Union, in particular Articles 18, 56, 106 and 107,”
Provision of Services Regulations 20093Regulation 2(1)“Article 50”“Article 57”
Provision of Services Regulations 2009Regulation 2(2)(c)“Title V”“Title VI”
Provision of Services Regulations 2009Regulation 2(2)(h)“Article 45”“Article 51”
Provision of Services Regulations 2009In regulation 4, the definition of “establishment”“Article 43”“Article 49”
Provision of Services Regulations 2009In regulation 4, the definition of “the Treaty”“Treaty establishing the European Community”“Treaty on the Functioning of the European Union”
Provision of Services Regulations 2009Regulation 5(3)(b)“Article 48”“Article 54”
Provision of Services Regulations 2009Regulation 5(4)(b)“Article 48”“Article 54”

PART 3 E+W+S+N.I.Subordinate legislation: Scotland

1 S.I. 1999/491, amended by S.S.I. 1999/48, S.S.I. 2008/240; there are other amending instruments but none are relevant.

2 S.S.I. 2001/332, to which there are amendments not relevant to this Order.

3 S.S.I. 2002/523, amended by S.S.I. 2004/244.

4 S.S.I. 2003/87.

5 S.S.I. 2004/6, to which there are amendments not relevant to this Order.

InstrumentProvisionExisting textSubstituted text
Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19991In regulation 2(1), paragraph (g) of the definition of “excluded proceedings”“article 234 of the EEC Treaty”“Article 267 of the Treaty on the Functioning of the European Union”
Fishing Vessels (Decommissioning) (Scotland) Scheme 20012Regulation 2(1)“ “EC Treaty” means the Treaty establishing the European Community”“ “TFEU” means the Treaty on the Functioning of the European Union”
Fishing Vessels (Decommissioning) (Scotland) Scheme 2001Regulation 5(5)“Article 87 of the EC Treaty”“Article 107 of the TFEU”
Fishing Vessels (Decommissioning) (Scotland) Scheme 2001Regulation 6(5)“Article 87 of the EC Treaty”“Article 107 of the TFEU”
Kava-kava in Food (Scotland) Regulations 20023In regulation 2, the definition of “free circulation”“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”
Fishing Vessels (Decommissioning) (Scotland) Scheme 20034Regulation 2(1)“ “EC Treaty” means the Treaty establishing the European Community;”“ “TFEU” means the Treaty on the Functioning of the European Union;”
Fishing Vessels (Decommissioning) (Scotland) Scheme 2003Regulation 5(6)“Article 87 of the EC Treaty”“Article 107 of the TFEU”
Fishing Vessels (Decommissioning) (Scotland) Scheme 2003Regulation 6(6)“Article 87 of the EC Treaty”“Article 107 of the TFEU”
Meat Products (Scotland) Regulations 20045In regulation 2, the definition of “free circulation”“Article 23 of the Treaty establishing the European Community”“Article 28 of the Treaty on the Functioning of the European Union”

1 S.S.I. 2004/133, to which there are amendments not relevant to this Order.

2 S.S.I. 2006/344.

3 S.S.I. 2008/216.

InstrumentProvisionExisting textSubstituted text
Jams and Similar Products (Scotland) Regulations 20041In regulation 2(1), the definition of “free circulation”“Article 23.2 of the Treaty establishing the European Community as read with Article 24”“Article 28(2) of the Treaty on the Functioning of the European Union as read with Article 29”
Human Tissue (Scotland) Act 2006 (Maintenance of Records & Supply of Information Regarding the Removal and Use of Body Parts) Regulations 20062In Part 3 of Schedule 2, paragraph 5(a)“Article 42 of the Treaty establishing the European Community”“Article 48 of the Treaty on the Functioning of the European Union”
Spreadable Fats, Milk and Milk Products (Scotland) Regulations 20083Regulation 3(3)“Article 23(2) of the Treaty establishing the European Community”“Article 28(2) of the Treaty on the Functioning of the European Union”

PART 4E+W+S+N.I.Subordinate legislation: Wales

Instrument and ProvisionExisting textSubstituted text
F4. . .F4. . .F4. . .F4. . .F4. . .F4. . .
F5. . .F5. . .F5. . .F5. . .F5. . .F5. . .
Kava-kava in Food (Wales) Regulations 2006M1, regulation 2Rheoliadau Cafa-cafa mewn Bwyd (Cymru) 2006M1, regulation 2“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”“Erthygl 23.2, fel y'i darllenir ynghyd ag Erthygl 24, o'r Cytuniad a sefydlodd y Gymuned Ewropeaidd”“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”“Erthygl 28(2), fel y'i darllenir ynghyd ag Erthygl 29, o'r Cytuniad ar Weithrediad yr Undeb Ewropeaidd”
Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008M2 regulation 3(3)Rheoliadau Brasterau Taenadwy (Safonau Marchnata) a Llaeth a Chynhyrchion Llaeth (Diogelu Dynodiadau) (Cymru) 2008M2, regulation 3(3)“Article 23(2) of the Treaty establishing the European Community”“Erthygl 23(2) o'r Cytuniad a sefydlodd y Gymuned Ewropeaidd”“Article 28(2) of the Treaty on the Functioning of the European Union”“Erthygl 28(2) o'r Cytuniad ar Weithrediad yr Undeb Ewropeaidd”

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