The European Communities (Designation) (No. 5) Order 2007

Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No. 5) Order 2007 and comes into force on 9th January 2008.

(2) In this Order—

“designate” means designate 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; and

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

Designation

2.  Each of the following is designated in relation to batteries and accumulators—

(a) the Secretary of State; and

(b) any Northern Ireland department.

Relationship with other designations

3.—(1) The designation in article 2 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 this or any other Order,

they may make subordinate legislation in relation to that matter jointly.

(3) In paragraph (2), “Minister or department” means—

(a) a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or

(b) the Welsh Ministers(1).

Restrictions

4.—(1) Article 2(b) only designates Northern Ireland departments to make subordinate legislation that forms part of the law of Northern Ireland.

(2) Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.

Revocation of existing designations

5.  The designations described in the Schedule are revoked.

Judith Simpson

Clerk of the Privy Council