The European Communities (Designation) (No.4) Order 2007

Statutory Instruments

2007 No. 2133

EUROPEAN COMMUNITIES

The European Communities (Designation) (No.4) Order 2007

Made

25th July 2007

Laid before Parliament

1st August 2007

Coming into force

1st September 2007

At the Court at Buckingham Palace, the 25th day of July 2007

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No.4) Order 2007 and comes into force on 1st September 2007.

(2) In this Order—

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

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

Designation

2.  Each of the following is designated in relation to the prevention of money laundering and terrorist financing—

(a) the Secretary of State; and

(b) the Treasury.

Relationship with other designations

3.—(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.

(3) In paragraph (2)—

(a) “Minister or department” means—

(i) a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or

(ii) the Welsh Ministers(2); and

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

Revocation of existing designation

4.—(1) The existing designation for money laundering is revoked.

(2) In paragraph (1), “the existing designation for money laundering” means the designation of the Treasury, in Schedule 1 to the European Communities (Designation) (No.2) Order 1992(3), for measures relating to preventing the use of the financial system for the purpose of money laundering.

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which comes into force on 1st September 2007, designates the Secretary of State and the Treasury so that they may each exercise the powers conferred by section 2(2) of the European Communities Act 1972 in relation to the prevention of money laundering and terrorist financing. This Order also revokes a designation of the Treasury that is superseded.

(1)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).

(2)

The Welsh Ministers may be designated for the purposes of section 2(2) by virtue of section 59(1) of the Government of Wales Act 2006 (c.32). Section 45(2) of the Government of Wales Act 2006 provides that in that Act and in any other enactment or instrument the First Minister and the Welsh Ministers appointed under section 48 are referred to collectively as the Welsh Ministers.

(3)

S.I. 1992/1711.