The European Communities (Designation) (No.2) Order 2007

Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No.2) Order 2007 and comes into force on 30th May 2007.

(2) In this Order—

“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;

“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 National Assembly for Wales;

“section 2(2)” means section 2(2) of the European Communities Act 1972;

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

Designation in relation to chemicals, etc.

2.  Each of the following is designated in relation to persistent organic pollutants, dangerous substances, preparations and chemicals—

(a) any Northern Ireland department; and

(b) the National Assembly for Wales.

Designation in relation to jurisdiction, etc.

3.  The Lord Chancellor is designated in relation to jurisdiction and the recognition and enforcement of judgments.

Relationship with other designations

4.—(1) This Order 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.

Restrictions

5.—(1) Article 2(a) only designates any Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland, except 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.

(2) Article 2(b) only designates the National Assembly for Wales to make subordinate legislation that applies in relation to Wales, except 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.

(3) In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006(1).

Revocation of earlier designations

6.—(1) The European Communities (Designation) (No.2) Order 1997(2) is revoked.

(2) The designations described in the Schedule are revoked.

Christine Cook

Deputy Clerk of the Privy Council