2004 No. 706
The European Communities (Designation) Order 2004
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 10th day of March 2004
Present,
The Queen’s Most Excellent Majesty in Council
Citation, commencement and interpretation1
1
This order may be cited as the European Communities (Designation) Order 2004 and shall come into force on 13th April 2004.
2
In this Order—
“the Act” means the European Communities Act 1972;
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department; and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or government departments2
1
For the purposes of section 2(2) of the Act, the Ministers or government department specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matter specified in Schedule 2 to this Order.
2
Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland only.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of the National Assembly for Wales4
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in Schedule 3 to this Order.
2
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.
F12A
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006.
3
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
SCHEDULE 1DESIGNATION OF MINISTERS OR GOVERNMENT DEPARTMENTS
(1) | (2) |
|---|---|
Minister or government department designated | Matter in relation to which Minister or government department is designated |
The Secretary of State | Port security. |
The Secretary of State | Measures relating to the assessment, management and control of environmental noise. |
The Secretary of State | The prevention and recovery of waste electrical and electronic equipment. |
The Secretary of State | The restriction of the use of hazardous substances in electrical and electronic equipment. |
The Secretary of State | The assessment of the effects of plans and programmes on the environment. |
The Secretary of State and the Commissioners of Customs and Excise | Measures relating to goods infringing plant breeders' rights, designations of origin, geographical indications and geographical designations. |
The Commissioners of Customs and Excise | Measures relating to goods infringing Community plant variety rights. |
The Secretary of State | Access to the labour market of the United Kingdom. |
SCHEDULE 2MATTERS IN RELATION TO WHICH ANY NORTHERN IRELAND DEPARTMENT IS DESIGNATED
The assessment of the effects of plans and programmes on the environment.
SCHEDULE 3MATTERS IN RELATION TO WHICH THE NATIONAL ASSEMBLY FOR WALES IS DESIGNATED
Measures relating to the assessment, management and control of environmental noise.
The prevention and recovery of waste electrical and electronic equipment.
The assessment of the effects of plans and programmes on the environment.
(This note is not part of the Order)