European Communities Act 1972

[F1 Part II U.K. Amendment of Law

Textual Amendments

F1 Act repealed (31.1.2020 at 11.00 p.m. subject to savings for implementation period in ss. 1A, 1B of the repealing Act) by European Union (Withdrawal) Act 2018 (c. 16), ss. 1, 25(4) (with savings relating to retention of existing EU law in ss. 2-7, Sch. 1, Sch. 8 para. 37) (as amended by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 1, 2, 25, 36(c), 42(7), Sch. 5 para. 55; S.I. 2020/75, reg. 4); S.I. 2019/1198, reg. 2)

4 General provision for repeal and amendment. U.K.

(1) The enactments mentioned in Schedule 3 to this Act (being enactments that are superseded or to be superseded by reason of [F2 EU obligations] and of the provision made by this Act in relation thereto or are not compatible with [F2 EU obligations]) are hereby repealed, to the extent specified in column 3 of the Schedule, with effect from the entry date or other date mentioned in the Schedule; and in the enactments mentioned in Schedule 4 to this Act there shall, subject to any transitional provision there included, be made the amendments provided for by that Schedule.

(2) Where in any Part of Schedule 3 to this Act it is provided that repeals made by that Part are to take effect from a date appointed by order, the orders shall be made by statutory instrument, and an order may appoint different dates for the repeal of different provisions to take effect, or for the repeal of the same provision to take effect for different purposes; and an order appointing a date for a repeal to take effect may include transitional and other supplementary provisions arising out of that repeal, including provisions adapting the operation of other enactments included for repeal but not yet repealed by that Schedule, and may amend or revoke any such provisions included in a previous order.

(3) Where any of the following sections of this Act, or any paragraph of Schedule 4 to this Act, affects or is construed as one with an Act or Part of an Act similar in purpose to provisions having effect only in Northern Ireland, then—

(a) unless otherwise provided by Act of the Parliament of Northern Ireland, the Governor of Northern Ireland may by Order in Council make provision corresponding to any made by the section or paragraph, and amend or revoke any provision so made; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) Where Schedule 3 or 4 to this Act provides for the repeal or amendment of an enactment that extends or is capable of being extended to any of the Channel Islands or the Isle of Man, the repeal or amendment shall in like manner extend or be capable of being extended thereto.

Textual Amendments

F2 Words in s. 4(1) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F3 S. 4(3)(b) repealed by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 6 Pt. I

Modifications etc. (not altering text)

C1 S. 4 modified by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 9 para. 6(1)(b)

C2 Power of appointment conferred by s. 4(2) partly exercised: S.I. 1973/135, 1973/1019, 1973/2176; 1974/1816; 1975/1164, 1975/1484, 1975/1485, 1975/1487; 1976/509, 1976/548, 1976/840, 1976/914, 1976/975, 1976/1304, 1976/1831, 1976/1883, 1976/1886, 1976/1887, 1976/2016; 1977/76, 1977/901, 1977/358, 1977/1026, 1977/1049, 1977/2028; 1978/1003, 1978/1420; 1979/133; 1981/1192; 1982/1048

C3 Reference in s. 4(3)(a) to an Act of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 para. 1(1)

C4 In s. 4(3)(a) reference to the making of an Order in Council by the Governor of Northern Ireland to be construed as a reference to the making of an order by the Secretary of State: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 para. 4(2)

5 Customs duties. U.K.

(1) Subject to subsection (2) below, on and after the relevant date there shall be charged, levied, collected and paid on goods imported into the United Kingdom such [F4 EU customs duty] , if any, as is for the time being applicable in accordance with the Treaties or, if the goods are not within the common customs tariff of the [F5 EU] and the duties chargeable are not otherwise fixed by any directly applicable [F6 EU provision] , such duty of customs, if any, as the Treasury, on the recommendation of the Secretary of State, may by order specify.

For this purpose “the relevant date”, in relation to any goods, is the date on and after which the duties of customs that may be charged thereon are no longer affected under the Treaties by any temporary provision made on or with reference to the accession of the United Kingdom to the Communities.

(2) Where as regards goods imported into the United Kingdom provision may, in accordance with the Treaties, be made in derogation of the common customs tariff or of the exclusion of customs duties as between member States, the Treasury may by order make such provision as to the customs duties chargeable on the goods, or as to exempting the goods from any customs duty, as the Treasury may on the recommendation of the Secretary of State determine.

[F7 (3) Schedule 2 to this Act shall also have effect in connection with the powers to make orders conferred by subsections (1) and (2) above.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(7)—(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Subordinate Legislation Made

P1 S. 5: for exercises of this power before 01.02.1991 see Index to Government Orders

P2 S. 5(1)(3): s. 5(1) (with s. 5(3) and Sch. 2 para. 4) power exercised (15.11.1991) by S.I.1991/2583

Textual Amendments

F4 Words in s. 5(1) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F5 Words in s. 5(1) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F6 Words in s. 5(1) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F7 S. 5(3) substituted by Customs and Excise Duties (General Reliefs) Act 1979 (c. 3, SIF 40:1), s. 19(1), Sch. 2 para. 3

F8 S. 5(4) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177, Sch. 6 Pt. I, Sch. 7 para. 5

F9 S. 5(5)(6) repealed by Customs and Excise Duties (General Reliefs) Act 1979 (c. 3, SIF 40:1), s. 19(2), Sch. 3 Pt. I

F10 S. 5(6A) inserted by Finance Act 1978 (c. 42, SIF 40:1), s. 6(8), and repealed by Customs and Excise Duties (General Reliefs) Act 1979 (c. 3, SIF 40:1), s. 19(2), Sch. 3 Pt. I

F11 S. 5(7)–(9) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177, Sch. 6 Pt. I

Modifications etc. (not altering text)

C5 S. 5 excluded (N.I.) by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 2(2), Sch. 2 para. 3

C6 S. 5(1) extended by Finance Act 1977 (c. 36, SIF 40:1), s. 10(4)

6 The common agricultural policy. U.K.

F12 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Sections 5 and 7 of the M1 Agriculture Act 1957 (which make provision for the support of arrangements under section 1 of that Act for providing guaranteed prices or assured markets) shall apply in relation to any [F13 EU arrangements] for or related to the regulation of the market for any agricultural produce as if references, in whatever terms, to payments made by virtue of section 1 were references to payments made by virtue of the [F13 EU arrangements] by or on behalf of [F14 the relevant Minister and as if for every reference in section 5 to the Minister there were substituted a reference to the relevant Minister.]

(4) Agricultural levies of the [F15 EU] , so far as they are charged on goods exported from the United Kingdom or shipped as stores, shall be paid to and recoverable by [F16 the relevant Minister]; and the power of [F16 the relevantMinister] to make orders under section 5 of the M2 Agriculture Act 1957, as extended by this section, shall include power to make such provision supplementary to any directly applicable [F17 EU provision] as [F16 the relevant Minister considers] necessary for securing the payment of any agricultural levies so charged, including provision for the making of declarations or the giving of other information in respect of goods exported, shipped as stores, or otherwise dealt with.

(5) Except as otherwise provided by or under any enactment, agricultural levies of the [F18 EU] , so far as they are charged on goods imported into the United Kingdom, shall be levied, collected and paid, and the proceeds shall be dealt with, as if they were [F19 EU customs duties] , and in relation to those levies the following enactments shall apply as they would apply in relation to [F19 EU customs duties] , that is to say:—

[F20 (a) the M3 Customs and Excise Management Act 1979 (as for the time being amended by any later Act) and any other statutory provisions for the time being in force relating generally to customs or excise duties on imported goods; and]

[F21 (b) sections 1, 3, 4, 5, 6 (including Schedule 1), 7, 8, 9, 12, 13, 15, 17 and 18 of the M4 Customs and Excise Duties (General Reliefs) Act 1979 but so that—

(i) any references in sections 1, 3 and 4 to the Secretary of State shall include the Ministers; and

(ii) the reference in section 15 to an application for an authorisation under regulations made under section 2 of that Act shall be read as a reference to an application for an authorisation under regulations made under section 2(2) of this Act;]

and, if, in connection with any such [F22 EU arrangements] as aforesaid, the Commissioners of Customs and Excise are charged with the performance, on behalf of the Board or otherwise, of any duties in relation to the payment of refunds or allowances on goods exported or to be exported from the United Kingdom, then in relation to any such refund or allowance [F23 section 133 (except subsection (3) and the reference to that subsection in subsection (2) and section 159 of the M5 Customs and Excise Management Act 1979 shall apply as they apply in relation to a drawback of excise duties], and other provisions of that Act shall have effect accordingly.

(6) The enactments applied by subsection (5)(a) above shall apply subject to such exceptions and modifications, if any, as the Commissioners of Customs and Excise may by regulations prescribe, and shall be taken to include section 10 of the M6 Finance Act 1901 (which relates to changes in customs import duties in their effect on contracts), but shall not include [F24 section 126 of the M7 Customs and Excise Management Act 1979] (charge of duty on manufactured or composite articles).

F25 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Expressions used in this section shall be construed as if contained in Part I of the M8 Agriculture Act 1957; and in this section “agricultural levy” shall include any tax not being a customs duty, but of equivalent effect, that may be chargeable in accordance with any such [F26 EU arrangements] as aforesaid, and “statutory provision” includes any provision having effect by virtue of any enactment and, in subsection (2), any enactment of the Parliament of Northern Ireland or provision having effect by virtue of such an enactment.

Textual Amendments

F12 S. 6(1)(2) repealed (15.11.2001) by S.I. 2001/3686, regs. 1(1), 3(a)

F13 Words in s. 6(3) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F14 Words in s. 6(3) substituted (15.11.2001) by S.I. 2001/3686, regs. 1(1), 3(b)

F15 Words in s. 6(4) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F16 Words in s. 6(4) substituted (15.11.2001) by S.I. 2001/3686, regs. 1(1), 3(c)

F17 Words in s. 6(4) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F18 Words in s. 6(5) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F19 Words in s. 6(5) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F20 S. 6(5)(a) substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 12 Table Pt. I

F21 S. 6(5)(b) substituted by Customs and Excise Duties (General Reliefs) Act 1979 (c. 3, SIF 40:1), s. 19(1), Sch. 2 para. 4

F22 Words in s. 6(5) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F23 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 12 Table Pt. I

F24 Words substituted by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(1), Sch. 4 para. 12 Table Pt. I

F25 S. 6(7) repealed (the repeal extending to N.I. except so far as relating to potatoes) (27.7.1993 but 4.8.1993 so far as relating to potatoes) by 1993, c. 51, ss. 64, 65, Sch. 5 (subject to provision at the end of Sch. 5); S.I. 1993/2038, art. 2.

F26 Words in s. 6(8) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

Modifications etc. (not altering text)

C7 S. 6 excluded (N.I.) by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 2(2), Sch. 2 para. 3

C8 Functions of the Ministers under s. 6 now exercisable by the Ministers and the Secretary of State for Wales jointly: S.I. 1978/272, art 4(2), Sch. 2

C9 S. 6 modified (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 52(1); S.I. 1998/3178, art. 2(1)

S. 6: transfer of functions (27.12.1999) by S.I. 1999/3141, arts. 2(1)(5), 3, Sch.

Marginal Citations

M1 1957 c. 57(2:10).

M2 1957 c. 57(2:10).

M3 1979 c. 2(40:1).

M4 1979 c. 3(40:1).

M5 1979 c. 2(40:1).

M6 1901 c. 7(40:1).

M7 1979 c. 2(40:1).

M8 1957 c. 57(2:10).

7

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F27 S. 7(1)(2) repealed by Agriculture (Miscellaneous Provisions) Act 1976 (c. 55, SIF 2:1), Sch. 4 Pt. I

F28 S. 7(3)(4) repealed by Food Act 1984 (c. 30, SIF 53:1), Sch. 11

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 U.K.

Textual Amendments

F29 S. 8 repealed by Films Act 1985 (c. 21, SIF 45A), s. 74, Sch. 2

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 U.K.

Textual Amendments

F30 S. 9 repealed by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 29, Sch. 1

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 U.K.

Textual Amendments

F31 S. 10 repealed by Restrictive Trade Practices Act 1976 (c. 34, SIF 124:1), Sch. 6

11 [F32 EU offences]. U.K.

(1) A person who, in sworn evidence before the [F33 the European Court] , makes any statement which he knows to be false or does not believe to be true shall, whether he is a British subject or not, be guilty of an offence and may be proceeded against and punished—

(a) in England and Wales as for an offence against section 1(1) of the M9 Perjury Act 1911; or

(b) in Scotland as for an offence against [F34 section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995]; or

(c) in Northern Ireland as for an offence against [F35 Article 3(1) of the M10 Perjury (Northern Ireland) Order 1979].

Where a report is made as to any such offence under the authority of the [F33 the European Court] then a bill of indictment for the offence may, [F36 in England or Wales or] in Northern Ireland, be preferred as in a case where a prosecution is ordered under [F36 section 9 of the M11 Perjury Act 1911 or][F35 Article 13 of the M12 Perjury (Northern Ireland) Order 1979], but the report shall not be given in evidence on a person’s trial for the offence.

(2) Where a person (whether a British subject or not) owing either—

(a) to his duties as a member of any Euratom institution or committee, or as an officer or servant of Euratom; or

(b) to his dealings in any capacity (official or unofficial) with any Euratom institution or installation or with any Euratom joint enterprise;

has occasion to acquire, or obtain cognisance of, any classified information, he shall be guilty of a misdemeanour if, knowing or having reason to be believe that it is classified information, he communicates it to any unauthorised person or makes any public disclosure of it, whether in the United Kingdom or elsewhere and whether before or after the termination of those duties or dealings; and for this purpose “classified information” means any facts, information, knowledge, documents or objects that are subject to the security rules of a member State or of any Euratom institution.

This subsection shall be construed, and the M13 Official Secrets Acts 1911 to 1939 shall have effect, as if this subsection were contained in the Official Secrets Act 1911, but so that in that Act sections 10 and 11, except section 10(4), shall not apply.

(3) This section shall not come into force until the entry date.

Textual Amendments

F32 Words in s. 11 heading substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F33 Words in s. 11(1) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F34 Words in s. 11(1) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 8

F35 Words substituted by S.I. 1979/1714 (N.I. 19), Sch. 1

F36 Words repealed (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6) Sch. 2

Modifications etc. (not altering text)

C10 S. 11 excluded (N.I.) by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 2(2), Sch. 2 para. 3

C11 S. 11(1): power to modify conferred (prosp.) by 1997 c. 47, s. 7(2)

Marginal Citations

M9 1911 c. 6(39:3).

M10 S.I. 1979/1714 (N.I. 19).

M11 1911 c. 6(39:3).

M12 S.I. 1979/1714 (N.I. 19).

M13 1911 c. 28(39:2).

12 Furnishing of information to [F37 EU]. U.K.

Estimates, returns and information that may under section 9 of the M14 Statistics of Trade Act 1947 or section [F38 3 of the M15 Agricultural Statistics Act 1979] be disclosed to a government department [F39 , the Scottish Ministers] or Minister in charge of a government department may, in like manner, be disclosed in pursuance of a [F40 EU obligation] to a [F41 EU institution] .]

Textual Amendments

F37 Words in s. 12 heading substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F38 Words substituted by Agricultural Statistics Act 1979 (c. 13, SIF 2:1), s. 7(1), Sch. 1 para. 4

F39 Words in s. 12 inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 52(3); S.I. 1998/3178, art. 2(1)

F40 Words in s. 12 substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F41 Words in s. 12 substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

Modifications etc. (not altering text)

C12 S. 12 excluded (N.I.) by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 2(2), Sch. 2 para. 3

Marginal Citations

M14 1947 c. 39(124:1).

M15 1979 c. 13(2:1).