The European Communities (Designation) Order 2005

Statutory Instruments

2005 No. 850

EUROPEAN COMMUNITIES

The European Communities (Designation) Order 2005

Made

22nd March 2005

Laid before Parliament

4th April 2005

Coming into force

23rd April 2005

At the Court at Buckingham Palace, the 22nd day of March 2005

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 2(2) of the European Communities Act 1972(1), and section 29(1) of the Government of Wales Act 1998(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) Order 2005 and shall come into force on 23rd April 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 Ministers or departments

2.  For the purposes of section 2(2) of the Act, the Secretary of State is designated in relation to the transparency of financial relations between public authorities and public and private undertakings.

Designation of the National Assembly for Wales

3.—(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 the Schedule to this Order.

(2) 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 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.

(3) Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.

Amendment of European Communities (Designation) (No. 7) Order 2004

4.  Article 4(2) of the European Communities (Designation) (No. 7) Order 2004(3) is deleted.

Revocation

5.  The designation of the National Assembly for Wales in respect of the controlled management of hazardous waste, in the European Communities (Designation) (No. 3) Order 2001(4) is hereby revoked.

A. K. Galloway

Clerk of the Privy Council

Article 3

SCHEDULE MATTERS IN RELATION TO WHICH THE NATIONAL ASSEMBLY FOR WALES IS DESIGNATED

• The prevention and limitation of the effects of accidents involving dangerous substances insofar as they relate to land-use planning policies and consents.

• Measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste.

Explanatory Note

(This note is not part of the Order)

This is a further Order in the series designating authorities which may exercise the power to make regulations conferred by section 2(2) of the European Communities Act 1972 and specifying the matters in relation to which that power may be exercised. The Order also revokes a designation which is superseded, and deletes article 4(2) of the European Communities (Designation) (No. 7) Order 2004.

(1)

1972 c. 68.

(2)

1998 c. 38.

(3)

S.I. 2004/3328.

(4)

S.I. 2001/3495.