2008 No. 3231
The Export Control Order 2008
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to—
- a
measures relating to trade in dual-use items, including the transmission of software or technology in intangible form M2; and
- b
matters relating to trade in certain goods, including technical assistance, which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment M3.
It appears to the Secretary of State that it is expedient for the references in this Order to Council Regulation (EC) No 1334/2000M4, Council Regulation (EC) No 1236/2005M5, Article 3 of Council Regulation (EEC) No 2913/92M6 and Article 3 of Council Regulation (EC) No 450/2008M7 to be construed as references to those instruments and provisions as amended from time to time.
To the extent that this Order regulates any of the activities listed in section 8(1) of the Export Control Act 2002 M8, the Secretary of State, having considered the reasons for the relevant controls and the need to respect the freedom to carry on the relevant activities, has determined that such regulation is necessary in the circumstances prevailing at the time of this Order.
The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M9, by paragraph 1A of Schedule 2 to that Act M10 and by sections 1, 2, 3, 4, 5 and 7 of the Export Control Act 2002 M11, makes the following Order:
OJ No L 159, 30.6.2000, p1; relevant amending instruments are Council Regulation (EC) No 2432/2001 (OJ No L 338, 20.12.2001, p1) and Council Regulation (EC) No 1167/2008 (OJ No L 325, 3.12.2008, p1).
OJ No L 200, 30.7.2005, p1, to which there are amendments not relevant to this Order.
OJ No L 302, 19.10.1992, p1; relevant amending instruments are the Act of Accession of Austria, Sweden and Finland (OJ No C 241, 29.8.1994, p21) adapted by Council Decision 95/1/EC, Euratom, ECSC (OJ No L 1, 1.1.2005, p1), Regulation (EC) No 82/97 of the European Parliament and of the Council (OJ No L 17, 21.1.1997, p1), the Act concerning the conditions of accession of the Czech Republic and others and Council Regulation (EC) No 1791/2006 (OJ No L 363, 20.12.2006, p1).
OJ No L 145, 4.6.2008, p1.
Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006, section 28.
1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1).