The European Communities (Designation) (No. 3) Order 2015

Statutory Instruments

2015 No. 1770

European Union

The European Communities (Designation) (No. 3) Order 2015

Made

8th October 2015

Laid before Parliament

15th October 2015

Coming into force

6th November 2015

At the Court at Buckingham Palace, the 8th day of October 2015

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, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No. 3) Order 2015 and comes into force on 6th November 2015.

(2) In this Order, “designated” means designated for the purposes of section 2(2) of the European Communities Act 1972, and similar expressions are to be construed accordingly.

Designation in relation to electronic trust services

2.  The Secretary of State is designated in relation to electronic trust services and other systems to facilitate electronic transactions in the internal market.

Relationship with other designations

3.—(1) Except for Article 4, this Order does not restrict the scope of any designation made by any other order.

(2) Where—

(a) the Secretary of State is designated by this Order, and

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

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

(3) In Paragraph (2)—

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

“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2) of the European Communities Act 1972.

Revocation of earlier designation

4.  The designation of the Secretary of State in the Schedule to the European Communities (Designation) Order 2000(2) in relation to measures relating to electronic signatures is revoked.

Richard Tilbrook

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 powers under 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 Secretary of State in relation to electronic trust services and other systems to facilitate electronic transactions in the internal market.

Article 3 provides that except for Article 4, this Order does not restrict the scope of designations in other orders and allows Ministers and departments designated in relation to the same matters to legislate jointly as well as individually.

Article 4 revokes an earlier designation for the Secretary of State in relation to electronic signatures.

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).

(2)

S.1. 2000/738.