PART 2Amendments to Acts of Parliament, Acts of the Scottish Parliament and certain statutory instruments

Application3

1

The amendments made by this Part apply to provisions contained in—

a

an Act of Parliament,

b

an Act of the Scottish Parliament, or

c

an instrument made under an Act of Parliament or an Act of the Scottish Parliament (or both).

2

The amendments made by this Part do not apply to—

a

an instrument falling within article 8(1),

b

an Order in Council mentioned in section 24(5)(c), (e) or (g) of the Interpretation Act 1978 (Northern Ireland legislation),

c

the European Communities Act 1972,

d

the Interpretation Act 1978 M1,

e

the European Union (Amendment) Act 2008,

f

the title of an Act or statutory instrument,

g

a reference to the title of an Act or statutory instrument,

h

a reference to the title of an item of European Community legislation, or

i

a reference to a term defined in an item of European Community legislation.

3

The amendments made by this Part do not apply to a reference that relates only to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force) and do not affect any other reference in its application to things done before that date.

European Community – European Union4

1

For references to the European Communities or to the European Community or the European Coal and Steel Community (including references to “the Communities”, “the Community”, “the EC” or “the EEC”) substitute references to the European Union.

2

Paragraph (1) does not apply to—

a

the use of “Community”, “EC” or “EEC” as an adjective (but see article 6);

b

a reference that forms part of a reference to a treaty (but see article 5).

Article 310 of the Treaty of Amsterdam5

For references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts” substitute “ Article 217 of the Treaty on the Functioning of the European Union ”.

“Community”6

1

In the following terms (which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) for the word “Community” substitute “ EU ”

a

Community treaties,

b

Community customs duty,

c

Community institution,

d

Community instrument,

e

Community obligation, and

f

enforceable Community right.

2

In the following terms, and in those terms preceded by the word “European”, for “Community”, or as the case may be “European Community”, substitute “ EU ”

a

Community law,

b

Community legislation, and

c

Community provision.

3

Where the term mentioned in paragraph (1) or (2) is preceded by the word “a”, for “a” substitute “ an ”.

4

Paragraphs (1) to (3) do not apply where the term mentioned in paragraph (1) or (2) forms part of a reference to a treaty.

5

Paragraph (2) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.

Miscellaneous7

Schedule 1, which contains miscellaneous amendments, has effect.