The European Communities (Designation) (No.3) Order 2005

Citation, commencement, and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No.3) Order 2005 and shall come into force on 14th November 2005.

(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 Minister or departments

2.—(1) For the purposes of section 2(2) of the Act, the Minister or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of the 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 departments

3.—(1) For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 2 to this Order.

(2) Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.

(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 Wales

4.—(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 in pursuance of this Order, shall—

(a) comply with the restrictions and conditions provided in Schedule 3, and

(b) apply in relation to Wales only, subject as provided in Schedule 3.

(3) Where the National Assembly for Wales is designated in relation to the matters specified in Schedule 3, then for the purposes of section 2(2) of the Act, it is hereby designated in relation to anything supplemental or related to that matter.

(4) Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any 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, subject as provided in Schedule 3, make regulations and, if regulations are made by more than one, they may do so jointly.

Revocation of earlier designations

5.  The Order specified in column (1) of Schedule 4 to this Order is revoked in so far as it relates to the National Assembly for Wales and to the designations listed in column (2) of that Schedule.

A.K. Galloway

Clerk of the Privy Council