SCHEDULEChanges in Terminology or Numbering

Article 3

PART 1Acts of Parliament

Act

Provision

Existing text

Substituted text

Local Government Act 19721

Section 79(2A)

“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”

“Article 20(1) of the Treaty on the Functioning of the European Union”

Local Government (Scotland) Act 19732

In section 29(2), the definition of “citizen of the Union”

“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”

“Article 20(1) of the Treaty on the Functioning of the European Union”

Customs and Excise Management Act 19793

Section 52(2)

“Article 235 of the EEC Treaty”

“Article 352 of the Treaty on the Functioning of the European Union”

Civil Jurisdiction and Judgments Act 19824

In section 1(3), paragraph (b) of the definition of “Brussels Contracting State”5

“Article 299 of the Treaty establishing the European Community”

“Articles 349 and 355 of the Treaty on the Functioning of the European Union”

Civil Jurisdiction and Judgments Act 1982

Section 24(1)(c)6

“Article 68 of the Treaty establishing the European Community”

“Article 267 of the Treaty on the Functioning of the European Union”

1 1972 c.70; section 79(2A) was amended by the Electoral Administration Act 2006 (c.22), section 18(6) and Schedule 1, Part 3, paragraph 43(1) and (3).

2 1973 c.65; the definition of “citizen of the Union” in section 29(2) was inserted by S.I. 1995/1948 and was amended by the Electoral Administration Act 2006 (c.22), sections 18 and 77 and Schedule 1, paragraph 46(3), S.I. 2006/3412 and S.I. 2008/1316.

3 1979 c.2; section 52(2) was amended by S.I. 2011/43.

4 1982 c.27;

5 Section 1(3), the definition of “Brussels Contracting State” was substituted by S.I. 2007/1655.

6 Section 24(1)(c) was amended by S.I. 2009/3131.

Act

Provision

Existing text

Substituted text

Civil Jurisdiction and Judgments Act 19821

Section 24(2)(c)

“Article 68 of the Treaty establishing the European Community”

“Article 267 of the Treaty on the Functioning of the European Union”

Films Act 19852

Schedule 1, paragraph 4(4)(a)

“Article 310 of the Treaty establishing the European Community”

“Article 217 of the Treaty on the Functioning of the European Union”

Company Directors Disqualification Act 19863

Section 9A(4)(c)

“Article 81 of the Treaty establishing the European Community”

“Article 101 of the Treaty on the Functioning of the European Union”

Company Directors Disqualification Act 1986

Section 9A(4)(d)

“Article 82”

“Article 102”

Legal Aid (Scotland) Act 19864

Section 21(1)(b)

“Article 177 of the EEC Treaty”

“Article 267 of the Treaty on the Functioning of the European Union”

Legal Aid (Scotland) Act 1986

In Part 1 of Schedule 2, paragraph 25

“Article 234 of the EEC Treaty”

“Article 267 of the Treaty on the Functioning of the European Union”

Elected Authorities (Northern Ireland) Act 19896

In section 10(1), the definition of “citizen of the Union”

“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”

“Article 20(1) of the Treaty on the Functioning of the European Union”

Electricity Act 19897

Section 43(3)(c)8

“Article 81(1) of the treaty establishing the European Community”

“Article 101(1) of the Treaty on the Functioning of the European Union”

Electricity Act 1989

Section 43(3)(d)

“Article 82 of the treaty establishing the European Community”

“Article 102 of the Treaty on the Functioning of the European Union”

Water Industry Act 19919

Section 31(3)(c)

“Article 81(1) of the treaty establishing the European Community”

“Article 101(1) of the Treaty on the Functioning of the European Union”

1 1982 c.27; section 24(2)(c) was amended by S.I. 2001/3929 and S.I. 2009/3131.

2 1985 c.21; section 4 was amended by S.I. 2006/643.

3 1986 c.46.

4 1986 c.47.

5 Schedule 2, Part 1, paragraph 2 was amended by S.S.I. 2001/42.

6 1989 c.3; the definition of “citizen of the Union” was inserted by S.I. 1995/1948.

7 1989 c.29.

8 Section 43(3) was amended by the Competition Act 1998, section 54(2) and Schedule 10, paragraph 4(5), and S.I. 2004/1261.

9 1991 c.56.

Act

Provision

Existing text

Substituted text

Water Industry Act 19911

Section 31(3)(d)

“Article 82 of the treaty establishing the European Community”

“Article 102 of the Treaty on the Functioning of the European Union”

European Communities (Amendment) Act 19932

Section 3

“Article 108 of the Treaty establishing the European Community”

“Article 130 of the Treaty on the Functioning of the European Union”

European Communities (Amendment) Act 1993

Section 4

“Article 103(3) of the Treaty establishing the European Community”

“Article 121(3) of the Treaty on the Functioning of the European Union”

European Communities (Amendment) Act 1993

Section 5

“Article 103(3) of the Treaty establishing the European Community”

“Article 121(3) of the Treaty on the Functioning of the European Union”

European Communities (Amendment) Act 1993

Section 5

“Article 2”

“Article 3 of the Treaty on European Union”

European Communities (Amendment) Act 1993

Section 5

“Articles 103 and 104c”

“Articles 121 and 126 of the Treaty on the Functioning of the European Union”

European Communities (Amendment) Act 1993

Section 63

“Article 198a of the Treaty establishing the European Community”

“Article 305 of the Treaty on the Functioning of the European Union”

Railways Act 19934

Section 67(3)(c)5

“Article 81(1) of the treaty establishing the European Community”

“Article 101(1) of the Treaty on the Functioning of the European Union”

Railways Act 1993

Section 67(3)(d)

“Article 82 of the treaty establishing the European Community”

“Article 102 of the Treaty on the Functioning of the European Union”

Criminal Procedure (Scotland) Act 19956

Schedule 12, paragraph 46

“the EC Treaty or under Title VI of the EU Treaty”

“the EC Treaty or Title VI of the EU Treaty (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union”

1 1991 c.56.

2 1993 c.32.

3 Section 6 was amended by the Scotland Act 1998, section 125 and Schedule 8, paragraph 28, the Government of Wales Act 1998, section 125 and Schedule 12, paragraph 34, S.I. 2001/3675 and S.I. 2001/3719.

4 1993 c.43.

5 Section 67(3) was amended by the Competition Act 1998, section 54(2) and Schedule 10, paragraph 6(5), and S.I. 2004/1261.

6 1995 c.46.

Act

Provision

Existing text

Substituted text

Police Act 19961

Section 88(7)(a)2

“Article 34 of the Treaty on European Union”

“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”

Police Act 1996

Section 89(5)3

“Article 34 of the Treaty on European Union”

“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”

Competition Act 19984

Section 10(10)5

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 11(1)6

“Article 84”

“Article 104”

Competition Act 1998

Section 11(1)

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 25(5)7

“Article 82”

“Article 102”

Competition Act 1998

Section 25(9)(a)

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 25(11)

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 31(2)(c)8

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 31(2)(d)

“Article 82”

“Article 102”

Competition Act 1998

Section 32(1)9

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 33(1)10

“Article 82”

“Article 102”

Competition Act 1998

Section 35(9)11

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 35(9)

“Article 81(3)”

“Article 101(3)”

Competition Act 1998

Section 36(1)12

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 36(2)

“Article 82”

“Article 102”

Competition Act 1998

Section 46(3)(b)13

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 46(3)(d)

“Article 82”

“Article 102”

1 1996 c.16.

2 Section 88(7) was inserted by the Police Reform Act 2002, section 103(1).

3 Section 89(5) was inserted by the Police Reform Act 2002, section 104(1).

4 1998 c.41.

5 Section 10(10) was amended by S.I. 2004/1261.

6 Section 11(1) was amended by S.I. 2004/1261.

7 Section 25 was substituted by S.I. 2004/1261.

8 Section 31 was substituted by S.I. 2004/1261.

9 Section 32(1) was amended by the Enterprise Act 2002, section 278(1) and Schedule 25, paragraph 38(1), (24)(a) and S.I. 2004/1261.

10 Section 33(1) was amended by the Enterprise Act 2002, section 278(1), Schedule 25, paragraph 38(1), (25)(a) and S.I. 2004/1261.

11 Section 35(9) was inserted by S.I. 2004/1261 and amended by S.I. 2011/1043.

12 Sections 36(1) and (2) were amended by the Enterprise Act 2002, section 278(1) and Schedule 25, paragraph 38(1), 24(a) and (b) and S.I. 2004/1261.

13 Section 46(3) was substituted by S.I. 2004/1261.

Act

Provision

Existing text

Substituted text

Competition Act 19981

Section 47A(2) 2

“(c) the prohibition in Article 81(1) of the Treaty;

(d) the prohibition in Article 82 of the Treaty;

(e) the prohibition in Article 65(1) of the Treaty establishing the European Coal and Steel Community;

(f) the prohibition in Article 66(7) of that Treaty.”

“(c) the prohibition in Article 101(1) of the Treaty;

(d) the prohibition in Article 102 of the Treaty.”

Competition Act 1998

Section 47A(6)

“(b) a decision of the OFT that the prohibition in Article 81(1) or Article 82 of the Treaty has been infringed;

(c) a decision of the Tribunal (on an appeal from a decision of the OFT) that the Chapter I prohibition, the Chapter II prohibition or the prohibition in Article 81(1) or Article 82 of the Treaty has been infringed;

(d) a decision of the European Commission that the prohibition in Article 81(1) or Article 82 of the Treaty has been infringed; or

(e) a decision of the European Commission that the prohibition in Article 65(1) of the Treaty establishing the European Coal and Steel Community has been infringed, or a finding made by the European Commission under Article 66(7) of that Treaty.”

“(b) a decision of the OFT that the prohibition in Article 101(1) or Article 102 of the Treaty has been infringed;

(c) a decision of the Tribunal (on an appeal from a decision of the OFT) that the Chapter I prohibition, the Chapter II prohibition or the prohibition in Article 101(1) or Article 102 of the Treaty has been infringed; or

(d) a decision of the European Commission that the prohibition in Article 101(1) or Article 102 of the Treaty has been infringed.”

Competition Act 1998

Section 52(1A)(a)3

“Article 81(1) and Article 82”

“Article 101(1) and Article 102”

Competition Act 1998

In section 58(2), paragraph (b) of the definition of “Part I proceedings”

“Article 81(1) or Article 82”

“Article 101(1) or Article 102”

1 1998 c.41.

2 Section 47A was inserted by the Enterprise Act 2002, section 18(1).

3 Section 52(1A) was inserted by S.I. 2004/1261.

Act

Provision

Existing text

Substituted text

Competition Act 19981

In section 58(2), paragraph (a) of the definition of “relevant party” 2

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

In section 58(2), paragraph (b) of the definition of “relevant party” 3

“Article 82”

“Article 102”

Competition Act 1998

Section 58A(1)(c)4

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 58A(1)(d)

“Article 82”

“Article 102”

Competition Act 1998

Section 58A(3)(b)

“Article 81(1) or Article 82”

“Article 101(1) or Article 102”

Competition Act 1998

Section 58A(3)(c)

“Article 81(1) or Article 82”

“Article 101(1) or Article 102”

Competition Act 1998

Section 59(1)5

“ “Article 81(1)” means Article 81(1) of the Treaty;

Article 81(3)” means Article 81(3) of the Treaty;

Article 82” means Article 82 of the Treaty;”

“ “Article 101(1)” means Article 101(1) of the Treaty;

Article 101(3)” means Article 101(3) of the Treaty;

Article 102” means Article 102 of the Treaty;”

Competition Act 1998

In section 59(1), the definition of “the European Court”

“Court of First Instance”

“General Court”

Competition Act 1998

Section 59(1)

“ “the Treaty” means the treaty establishing the European Community;”

“ “the Treaty” means the Treaty on the Functioning of the European Union;”

Competition Act 1998

Section 616

“ “the Treaty” means the treaty establishing the European Community.”

“ “the Treaty” means the Treaty on the Functioning of the European Union.”

Competition Act 1998

Section 62A(2)(a) 7

“Article 81(1) or 82”

“Article 101(1) or 102”

1 1998 c.41.

2 Section 58(2), paragraph (a) of the definition of “relevant party” was amended by S.I. 2004/1261.

3 Section 58(2), paragraph (b) of the definition of “relevant party” was amended by S.I. 2004/1261.

4 Section 58A was inserted by the Enterprise Act 2002, section 20(1).

5 Section 59(1) was amended by S.I. 2004/1261 and S.I. 2011/1043; there are other amending instruments but none is relevant.

6 Section 61 was substituted by S.I. 2004/1261.

7 Section 62A was inserted by S.I. 2004/1261.

Act

Provision

Existing text

Substituted text

Competition Act 19981

Section 65C(2) 2

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Section 65C(2)

“Article 82”

“Article 102”

Competition Act 1998

Section 65D(3) 3

“Article 82”

“Article 102”

Competition Act 1998

Schedule 3, paragraph 9(1)(b) 4

“Article 33 of the Treaty”

“Article 39 of the Treaty on the Functioning of the European Union”

Competition Act 1998

Schedule 3, paragraph 9(2) 5

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Schedule 9, paragraph 5(1)(d)(ii) 6

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Schedule 9, paragraph 5(1)(d)(iv)

“Article 82”

“Article 102”

Competition Act 1998

Schedule 9, paragraph 5(2)(b) 7

“Article 81(1)”

“Article 101(1)”

Competition Act 1998

Schedule 9, paragraph 5(2)(d)

“Article 82”

“Article 102”

Scotland Act 19988

Section 34(3)

“Article 177 of the Treaty establishing the European Community, Article 41 of the Treaty establishing the European Coal and Steel Community”

“Article 267 of the Treaty on the Functioning of the European Union”

Northern Ireland Act 19989

Section 12(3)

“(a) Article 177 of the Treaty establishing the European Community;

(b) Article 41 of the Treaty establishing the European Coal and Steel Community; or”

“(a) Article 267 of the Treaty on the Functioning of the European Union; or”

Greater London Authority Act 199910

In section 20(8), the definition of “citizen of the Union”11

“Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union)”

“Article 20(1) of the Treaty on the Functioning of the European Union”

1 1998 c.41.

2 Section 65C was inserted by S.I. 2004/1261.

3 Section 65D was inserted by S.I. 2004/1261.

4 Schedule 3, paragraph 9(1)(b) was amended by S.I. 2004/1261.

5 Schedule 3, paragraph 9(2) was amended by S.I. 2004/1261.

6 Schedule 9, paragraph 5(1)(d) was substituted by S.I. 2004/1261.

7 Schedule 9, paragraph 5(2) was substituted by S.I. 2004/1261.

8 1998 c.46.

9 1998 c.47.

10 1999 c.29.

11 In section 20(8), the definition of “citizen of the Union” was amended by the Electoral Administration Act 2006, section 18(6), Schedule 1, Part 3, paragraph 42(1) and (4).

Act

Provision

Existing text

Substituted text

Financial Services and Markets Act 20001

In section 417(1), the definition of “the Treaty”

“the treaty establishing the European Community”

“the Treaty on the Functioning of the European Union”

Financial Services and Markets Act 2000

Section 417(4)(b)2

“Article 48”

“Article 54”

Terrorism Act 20003

Section 63C(4)(a)4

“Treaty establishing the European Community”

“Treaty on the Functioning of the European Union”

Terrorism Act 2000

Schedule 8A, paragraph 7(2)(a)(ii)5

“Article 48 of the EEC Treaty”

“Article 54 of the Treaty on the Functioning of the European Union”

Transport Act 20006

Section 86(3)(c)7

“Article 81(1) of the treaty establishing the European Community”

“Article 101(1) of the Treaty on the Functioning of the European Union”

Transport Act 2000

Section 86(3)(d)

“Article 82 of the treaty establishing the European Community”

“Article 102 of the Treaty on the Functioning of the European Union”

Transport Act 2000

Schedule 9, paragraph 3(3)(s)

“Articles 84 and 85 of the Treaty establishing the European Community”

“Articles 104 and 105 of the Treaty on the Functioning of the European Union”

Export Control Act 20028

Section 5(3)

“under Title V of the Treaty on European Union (provisions on a common foreign and security policy)”

“under Title V of the Treaty on European Union”

1 2000 c.8.

2 Section 417(4) was inserted by S.I. 2002/1775.

3 2000 c.11.

4 Section 63C was inserted by the Crime (International Co-operation) Act 2003, section 52.

5 Schedule 8A was inserted by the Counter-Terrorism Act 2008, section 76(4), Schedule 8.

6 2000 c.38.

7 Section 86(3) was substituted by S.I. 2004/1261.

8 2002 c.28.

Act

Provision

Existing text

Substituted text

Export Control Act 20021

In section 11(1), the definition of “EU provision”2

“Article 249 of the Treaty establishing the European Community”

“Article 288 of the Treaty on the Functioning of the European Union”

Education Act 20023

Schedule 11B, paragraph 7(2)(a)(ii)4

“Article 48 of the EEC Treaty”

“Article 54 of the Treaty on the Functioning of the European Union”

Enterprise Act 20025

In section 16(6), paragraph (b) of the definition of “infringement issue”

“Article 81 or 82”

“Article 101 or 102”

Enterprise Act 2002

Section 209, section heading

“Community competition law”

EU competition law”

Enterprise Act 2002

Section 209(1)(b)

“European Community competition law”

EU competition law”

Enterprise Act 2002

Section 209(2)

“European Community competition law”

EU competition law”

Enterprise Act 2002

In section 209(2), the definition of “relevant EU instrument”6

“Article 83 of the Treaty establishing the European Community”

“Article 103 of the Treaty on the Functioning of the European Union”

Communications Act 20037

Section 4(5)

“Article 17 of the Treaty establishing the European Community”

“Article 20 of the Treaty on the Functioning of the European Union”

Communications Act 2003

Section 77(9)

“Article 86 of the Treaty establishing the European Community”

“Article 106 of the Treaty on the Functioning of the European Union”

Communications Act 2003

Section 371(2)(c)8

“Article 81(1) of the treaty establishing the European Community”

“Article 101(1) of the Treaty on the Functioning of the European Union”

Communications Act 2003

Section 371(2)(d)

“Article 82 of the treaty establishing the European Community”

“Article 102 of the Treaty on the Functioning of the European Union”

1 2002 c.28.

2 In section 11(1), the definition of “EU provision” was amended by S.I. 2011/1043.

3 2002 c.32.

4 Schedule 11B was inserted by the Education Act 2011, section 13 and Schedule 4.

5 2002 c.40.

6 In section 209(2), the definition of “relevant EU instrument” was amended by S.I. 2011/1043.

7 2003 c.21.

8 Section 371(2) was substituted by S.I. 2004/1261.

Act

Provision

Existing text

Substituted text

Communications Act 20031

Schedule 11, paragraph 6(7)(a)2

“the Treaty establishing the European Community and the European Court, and any decisions of that court, that are relevant to the construction of Article 81 of that Treaty”

“the Treaty on the Functioning of the European Union and the European Court, and any decisions of that court, that are relevant to the construction of Article 101 of that Treaty”

European Union (Accessions) Act 20033

In section 2(11), the definition of “worker”

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Criminal Justice Act 20034

Section 76(4)(c)

“Article 31 or 34 of the Treaty on European Union”

“Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the European Union”

Finance Act 20045

Section 324(1) and (2)

“the Treaty establishing the European Communities”

“the Treaty on the Functioning of the European Union”

Serious Organised Crime and Police Act 20056

Section 30(5)(a)

“Article 34 of the Treaty on European Union”

“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”

Serious Organised Crime and Police Act 2005

Section 57(6)(a)

“Article 34 of the Treaty on European Union”

“Article 34 of the Treaty on European Union (as it had effect before 1 December 2009) or under Article 87 of the Treaty on the Functioning of the European Union”

1 2003 c.21.

2 Schedule 11 was extended by S.I. 2003/3195 and S.I. 2003/3197.

3 2003 c.35.

4 2003 c.44.

5 2004 c.12.

6 2005 c.15.

Act

Provision

Existing text

Substituted text

European Union (Accessions) Act 20061

In section 2(10), the definition of “worker”

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Government of Wales Act 20062

Section 113(3)

“Article 234 of the Treaty establishing the European Community, Article 41 of the Treaty establishing the European Coal and Steel Community”

“Article 267 of the Treaty on the Functioning of the European Union”

Companies Act 20063

Section 482(3)

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

Companies Act 2006

In section 1210(3), paragraph (b) of the definition of “bank”

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

Serious Crime Act 20074

Section 34(7)(a)

“Article 48 of the EEC Treaty”

“Article 54 of the Treaty on the Functioning of the European Union”

Criminal Justice and Immigration Act 20085

Schedule 14, paragraph 6(6)(a)(ii)

“Article 48 of the EEC Treaty”

“Article 54 of the Treaty on the Functioning of the European Union”

Criminal Justice and Immigration Act 2008

Schedule 19, paragraph 46

“under the treaty establishing the European Community or under Title VI of the Treaty on European Union”

“under the Treaty establishing the European Community or Title VI of the Treaty on European Union (as they had effect before 1 December 2009) or under the Treaty on the Functioning of the European Union”

1 2006 c.2.

2 2006 c.32.

3 2006 c.46.

4 2007 c.27.

5 2008 c.4.

Act

Provision

Existing text

Substituted text

Coroners and Justice Act 20091

Schedule 12, paragraph 7(6)(a)(ii)

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

Coroners and Justice Act 2009

Schedule 13, paragraph 6(6)(a)(ii)

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

Equality Act 20102

Schedule 25, paragraph 7(5)(b)

“Article 48 of the EEC treaty”

“Article 54 of the Treaty on the Functioning of the European Union”

1 2009 c.25.

2 2010 c.15.

PART 2Statutory instruments

Annotations:

Instrument

Provision

Existing text

Substituted text

Motor Vehicles (Compulsory Insurance) (No 2) Regulations 19731

Regulation 6(1)

“the treaty establishing the European Economic Community”

“the Treaty on the Functioning of the European Union”

Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 19772

Regulation 2(5)

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Import Duties (End-Use Goods) Regulations 19773

Regulation 2(2)

“Article 235 of the EEC Treaty”

“Article 352 of the Treaty on the Functioning of the European Union”

Customs Duty (Community Reliefs) Order 19844

Article 2

“Article 235 of the EEC Treaty”

“Article 352 of the Treaty on the Functioning of the European Union”

Inward Processing Relief Arrangements (Customs Duties and Agricultural Levies) Regulations 19865

Regulation 2

“Article 235 of the EEC Treaty”

“Article 352 of the Treaty on the Functioning of the European Union”

National Health Service (Charges to Overseas Visitors) Regulations 19896

In regulation 1(2), the definition of “member of the family”

“Article 51 of the Treaty establishing the European Economic Community”

“Article 48 of the Treaty on the Functioning of the European Union”

National Health Service (Charges to Overseas Visitors) Regulations 1989

Regulation 4(1)(m)

“Article 51 of the Treaty establishing the European Economic Community”

“Article 48 of the Treaty on the Functioning of the European Union”

Merchant Shipping (Registration of Ships) Regulations 19937

In regulation 1(2), the definition beginning “non-United Kingdom nationals”

“Article 48 or 52 of the EEC Treaty”

“Article 45 or 49 of the Treaty on the Functioning of the European Union”

1S.I. 1973/2143, to which there are amendments not relevant to this Order.

2S.I. 1977/670, amended by S.I. 2008/548; there are other amending instruments but none are relevant.

3S.I. 1977/2042, to which there are amendments not relevant to this Order.

4S.I. 1984/719, amended by S.I. 2011/1043.

5S.I. 1986/2148.

6S.I. 1989/306, to which there are amendments not relevant to this Order.

7S.I. 1993/3138, inserted by S.I. 1998/2976; there are other amending instruments but none are relevant.

Instrument

Provision

Existing text

Substituted text

Equipment and Protective Systems Intended for use in Potentially Explosive Atmosphere Regulations 19961

Schedule 5

“Article 223(1)(b) of the Treaty establishing the European Community”

“Article 346(1)(b) of the Treaty on the Functioning of the European Union”

F2. . .

F2. . .

F2. . .

F2. . .

Bread and Flour Regulations 19983

Regulation 3(3)

“Article 9.2 of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Civil Procedure Rules 19984

Rule 30.8(1)(a)

“Article 81 or Article 82 of the Treaty establishing the European Community”

“Article 101 or Article 102 of the Treaty on the Functioning of the European Union”

Pressure Equipment Regulations 19995

Schedule 1, paragraph 7

“Article 296(1)(b) of the Treaty”

“Article 346(1)(b) of the Treaty on the Functioning of the European Union”

Medicines (Aristolochia and Mu Tong etc) (Prohibition) Order 20016

In regulation 1, the definition of “free circulation in Member States”

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Competition Act 1998 (Section 11 Exemption) Regulations 20017

In regulation 2, the definition of “the Community prohibition”

“Article 81”

“Article 101”

Competition Act 1998 (Section 11 Exemption) Regulations 2001

Regulation 3(1)

“Article 84”

“Article 104”

1S.I. 1996/192, to which there are amendments not relevant to this Order.

2S.I. 1996/1499, to which there are amendments not relevant to this Order.

3S.I. 1998/141, to which there are amendments not relevant to this Order.

4S.I. 1998/3132, to which there are amendments not relevant to this Order.

5S.I. 1999/2001, to which there are amendments not relevant to this Order.

6S.I. 2001/1841, amended by S.I. 2008/548; there are other amending instruments but none are relevant.

7S.I. 2001/2993, to which there are amendments not relevant to this Order.

Instrument

Provision

Existing text

Substituted text

Electronic Commerce Directive (Financial Services and Markets) Regulations 20021

Regulation 2(3)(a)

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

State Pension Credit Regulations 20022

Regulation 2(3)(d)

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Electronic Commerce (EC Directive) Regulations 20023

In regulation 2(1), the definition of “established service provider”

“Article 48”

“Article 54”

Electronic Commerce (EC Directive) Regulations 2002

In regulation 2(1), the definition of “the Treaty”

“the treaty establishing the European Community”

“the Treaty on the Functioning of the European Union”

Kava-kava in Food (England) Regulations 20024

In regulation 2, the definition of “free circulation in member States”

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Medicines for Human Use (Kava-kava) (Prohibition) Order 20025

In article 1(2), the definition of “free circulation in member States”

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 20036

In paragraph 1 of the Schedule, the definition of “aid”

“Article 87 of the EC Treaty”

“Article 107 of the Treaty on the Functioning of the European Union”

Competition Appeal Tribunal Rules 20037

Rule 60(5)

“Article 234 of the Treaty establishing the European Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community”

“Article 267 of the Treaty on the Functioning of the European Union or Article 150 of the Treaty establishing the European Atomic Energy Community”.

1S.I. 2002/1775, to which there are amendments not relevant to this Order.

2S.I. 2002/1792, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

3S.I. 2002/2013, to which there are amendments not relevant to this Order.

4S.I. 2002/3169, amended by S.I. 2004/455.

5S.I. 2002/3170, to which there are amendments not relevant to this Order.

6S.I. 2003/1370, to which there are amendments not relevant to this Order.

7S.I. 2003/1372, to which there are amendments not relevant to this Order.

Instrument

Provision

Existing text

Substituted text

F3. . .

F3. . .

F3. . .

F3. . .

Jam and Similar Products (England) Regulations 20032

In regulation 2(1), the definition of “free circulation”

“Article 24 of the Treaty establishing the European Community”

“Article 29 of the Treaty on the Functioning of the European Union”

Competition Act 1998 (Concurrency) Regulations 20043

Regulation 2

“(b) “Article 81(1)” means Article 81(1) of the treaty establishing the European Community;

(c) “Article 82” means Article 82 of the treaty establishing the European Community;”

“(b) “Article 101” means Article 101 of the Treaty on the Functioning of the European Union;

(c) “Article 102” means Article 102 of the Treaty on the Functioning of the European Union;”

Competition Act 1998 (Concurrency) Regulations 2004

Regulation 3

“(c) the prohibition in Article 81(1), or (d) the prohibition in Article 82,”

“(c) the prohibition in Article 101(1), or (d) the prohibition in Article 102,”

Competition Act 1998 and Other Enactments (Amendment) Regulations 20044

In regulation 2, the definition of “the Treaty”

“treaty establishing the European Community”

“Treaty on the Functioning of the European Union”

European Parliamentary Elections (Northern Ireland) Regulations 20045

In regulation 2, the definition of “citizen of the Union”

“Article 8 of the Treaty establishing the European Community”

“Article 20 of the Treaty on European Union”

Employment Tribunals (Constitution and Rules of Procedure) Regulations 20046

In Schedule 1, rule 58

“Article 234 of the Treaty establishing the European Community”

“Article 267 of the Treaty on the Functioning of the European Union”

Financial Services (Distance Marketing) Regulations 20047

In regulation 2(1), the definition of “EEA supplier”

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

Competition Act 1998 (Office of Fair Trading's Rules) Order 20048

In the Schedule, in rule 1(1), the defini-tion of “infringement decision”

“Article 81(1) and the prohibition in Article 82 has been infringed”

“Article 101(1) and the prohibition in Article 102 has been infringed”

1S.I. 2003/2075, to which there are amendments not relevant to this Order.

2S.I. 2003/3120, to which there are amendments not relevant to this Order.

3S.I. 2004/1077.

4S.I. 2004/1261.

5S.I. 2004/1267, amended by S.I. 2009/813; there are other amending instruments but none are relevant.

6S.I. 2004/1861, amended by S.I. 2008/2683; there are other amending instruments but none are relevant.

7S.I. 2004/2095, to which there are amendments not relevant to this Order.

8S.I. 2004/2751.

Instrument

Provision

Existing text

Substituted text

Competition Act 1998 (Office of Fair Trading's Rules) Order 20041

In the Schedule, rule 2(1)

“Article 81(1) and the prohibition in Article 82”

“Article 101(1) and the prohibition in Article 102”

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004

In the Schedule, rule 2(3)

“Article 81(1)”

“Article 101(1)”

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004

In the Schedule, rule 4(1)

“Article 81(1) and the prohibition in Article 82”

“Article 101(1) and the prohibition in Article 102”

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004

In the Schedule, rule 7(2)

“(b) an agreement either because the conditions of the prohibition in Article 81(1) are not met or because the agreement satisfies the conditions of Article 81(3); or (c) conduct because the conditions of the Chapter II prohibition or the prohibition in Article 82 are not met;”

“(b) an agreement either because the conditions of the prohibition in Article 101(1) are not met or because the agreement satisfies the conditions of Article 101(3); or (c) conduct because the conditions of the Chapter II prohibition or the prohibition in Article 102 are not met;”

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004

In the Schedule, rule 10(1)

“Article 81(1) and the prohibition in Article 82”

“Article 101(1) and the prohibition in Article 102”

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004

In the Schedule, rule 10(2)(a)

“Article 81(1) and the prohibition in Article 82”

“Article 101(1) and the prohibition in Article 102”

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004

In the Schedule, rule 10(2)(b)

“Article 81(1) and the prohibition in Article 82”

“Article 101(1) and the prohibition in Article 102”

Water Mergers (Determination of Turnover) Regulations 20042

Paragraph 1 of the Schedule

“Article 87 of the treaty establishing the European Community”

“Article 107 of the Treaty on the Functioning of the European Union”

Water Industry (Determination of Turnover for Penalties) Order 20053

In regulation 2(1), the definition of “aid”

“Article 87 of the Treaty establishing the European Community”

“Article 107 of the Treaty on the Functioning of the European Union”

1S.I. 2004/2751.

2S.I. 2004/3206, to which there are amendments not relevant to this Order.

3S.I. 2005/477.

Instrument

Provision

Existing text

Substituted text

Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 20051

Regulation 2(2)(a)

“Article 48 of the treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

Housing Benefit Regulations 20062

Regulation 10(3A)(d)

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20063

Regulation 10(4)(d)

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

F1. . .

F1. . .

F1. . .

F1. . .

F1. . .

F1. . .

F1. . .

F1. . .

Immigration (European Economic Area) Regulations 20066

Regulation 4(1)(a)

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Immigration (European Economic Area) Regulations 2006

Regulation 4(1)(b)

“Article 43 of the Treaty establishing the European Community”

“Article 49 of the Treaty on the Functioning of the European Union”

Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 20067

Schedule 2, paragraph 10(a)

“Article 42 of the Treaty establishing the European Community”

“Article 48 of the Treaty on the Functioning of the European Union”

1S.I. 2005/3222, to which there are amendments not relevant to this Order.

2S.I. 2006/213, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

3S.I. 2006/214, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

4S.I. 2006/215, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

5S.I. 2006/216, amended by S.I. 2006/1026; there are other amending instruments but none are relevant.

6S.I. 2006/1003, to which there are amendments not relevant to this Order.

7S.I. 2006/1260, to which there are amendments not relevant to this Order.

Instrument

Provision

Existing text

Substituted text

Allocation of Housing and Homelessness (Eligibility) (England) Regulations 20061

Regulation 4(1)(c)

“the Treaty establishing the European Community”

“the Treaty on the Functioning of the European Union”

Accession (Immigration and Worker Authorisation) Regulations 20062

Regulation 1(2)(t)

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Accession (Immigration and Worker Authorisation) Regulations 2006

Regulation 5

“Article 39 of the Treaty establishing the European Communities”

“Article 45 of the Treaty on the Functioning of the European Union”

National Assembly for Wales (Representation of the People) Order 20073

In article 2(1), the definition of “relevant citizen of the Union”

“Article 8.1 of the Treaty establishing the European Community (as amended by Title 2 of the Treaty on European Union)”

“Article 20(1) of the Treaty on the Functioning of the European Union”

Export Control (North Korea) Order 20074

Article 1(2)

“ “a Community authorisation””

“ “an EU authorisation””

Export Control (North Korea) Order 2007

Article 5

“Community authorisation” (in each place)

EU authorisation”

Electronic Commerce Directive (Terrorism Act 2006) Regulations 20075

Regulation 2(2)(a)

“Article 48 of the EEC Treaty”

“Article 54 of the Treaty on the Functioning of the European Union”

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20076

Regulation 32(14)(b)(i)

“Article 37(2) of the EC Treaty”

“Article 43 of the Treaty on the Functioning of the European Union”

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Regulation 34(6)(b)(i)

“Article 37(2) of the EC Treaty”

“Article 43 of the Treaty on the Functioning of the European Union”

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Regulation 39(11)(b)(i)

“Article 37(2) of the EC Treaty”

“Article 43 of the Treaty on the Functioning of the European Union”

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007

Regulation 40(8)(a)

EC Treaty”

“Treaty on the Functioning of the European Union”

1S.I. 2006/1294, to which there are amendments not relevant to this Order.

2S.I. 2006/3317, to which there are amendments not relevant to this Order.

3S.I. 2007/236, to which there are amendments not relevant to this Order.

4S.I. 2007/1334, to which there are amendments not relevant to this Order.

5S.I. 2007/1550.

6S.I. 2007/1842, amended by S.I. 2011/1043; there are other amending instruments but none are relevant.

Instrument

Provision

Existing text

Substituted text

Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20071

Regulation 43(6)(a)

EC Treaty”

“Treaty on the Functioning of the European Union”

Mobile Roaming (European Communities) Regulations 20072

Regulation 6(4)

“Article 87 of the EEC Treaty”

“Article 107 of the Treaty on the Functioning of the European Union”

Money Laundering Regulations 20073

Schedule 2, paragraph 2(a)

“Treaty on the European Union, the Treaties on the European Communities or Community secondary legislation”

“Treaty on European Union, the Treaty on the Functioning of the European Union or EU secondary legislation”

Medicines for Human Use (Prohibition) (Senecio and Miscellaneous Amendments) Order 20084

Regulation 1

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Employment and Support Allowance Regulations 20085

Regulation 70(3)(d)

“Article 39 of the Treaty establishing the European Community”

“Article 45 of the Treaty on the Functioning of the European Union”

Spirit Drinks Regulations 20086

Part 2 of Schedule 2

“Annex I to the EEC Treaty” (in each place)

“Annex I to the Treaty on the Functioning of the European Union”

Payment Services Regulations 20097

In regulation 2(1), paragraph (a) of the definition of “passport right”

“the Treaty establishing the European Community”

“the Treaty on the Functioning of the European Union”

Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 20098

In Article 5(2), the definition of “non- profit-making”

“Article 48 of the Treaty establishing the European Community”

“Article 54 of the Treaty on the Functioning of the European Union”

1S.I. 2007/1842, amended by S.I. 2011/1043; there are other amending instruments but none are relevant.

2S.I. 2007/1933, to which there are amendments not relevant to this Order.

3S.I. 2007/2157, to which there are amendments not relevant to this Order.

4S.I. 2008/548.

5S.I. 2008/794, to which there are amendments not relevant to this Order.

6S.I. 2008/3206, to which there are amendments not relevant to this Order.

7S.I. 2009/209, to which there are amendments not relevant to this Order.

8S.I. 2009/476.

Instrument

Provision

Existing text

Substituted text

Supreme Court Rules 20091

Rule 42(1)

“Article 234 of the Treaty establishing the European Community”

“Article 267 of the Treaty on the Functioning of the European Union”

Supreme Court Rules 2009

Rule 42(2)

“Article 234”

“Article 267”

Supreme Court Rules 2009

Rule 42(3)

“Article 234”

“Article 267”

Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 20092

Regulation 14(2)(a)(ii)

“the Treaty establishing the European Community, in particular Articles 12, 49, 86 and 87,”

“the Treaty on the Functioning of the European Union, in particular Articles 18, 56, 106 and 107,”

Provision of Services Regulations 20093

Regulation 2(1)

“Article 50”

“Article 57”

Provision of Services Regulations 2009

Regulation 2(2)(c)

“Title V”

“Title VI

Provision of Services Regulations 2009

Regulation 2(2)(h)

“Article 45”

“Article 51”

Provision of Services Regulations 2009

In regulation 4, the definition of “establishment”

“Article 43”

“Article 49”

Provision of Services Regulations 2009

In regulation 4, the definition of “the Treaty”

“Treaty establishing the European Community”

“Treaty on the Functioning of the European Union”

Provision of Services Regulations 2009

Regulation 5(3)(b)

“Article 48”

“Article 54”

Provision of Services Regulations 2009

Regulation 5(4)(b)

“Article 48”

“Article 54”

1S.I. 2009/1603.

2S.I. 2009/1914.

3S.I. 2009/2999, to which there are amendments not relevant to this Order.

PART 3Subordinate legislation: Scotland

Instrument

Provision

Existing text

Substituted text

Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19991

In regulation 2(1), paragraph (g) of the definition of “excluded proceedings”

“article 234 of the EEC Treaty”

“Article 267 of the Treaty on the Functioning of the European Union”

Fishing Vessels (Decommissioning) (Scotland) Scheme 20012

Regulation 2(1)

“ “EC Treaty” means the Treaty establishing the European Community”

“ “TFEU” means the Treaty on the Functioning of the European Union”

Fishing Vessels (Decommissioning) (Scotland) Scheme 2001

Regulation 5(5)

“Article 87 of the EC Treaty”

“Article 107 of the TFEU”

Fishing Vessels (Decommissioning) (Scotland) Scheme 2001

Regulation 6(5)

“Article 87 of the EC Treaty”

“Article 107 of the TFEU”

Kava-kava in Food (Scotland) Regulations 20023

In regulation 2, the definition of “free circulation”

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

Fishing Vessels (Decommissioning) (Scotland) Scheme 20034

Regulation 2(1)

“ “EC Treaty” means the Treaty establishing the European Community;”

“ “TFEU” means the Treaty on the Functioning of the European Union;”

Fishing Vessels (Decommissioning) (Scotland) Scheme 2003

Regulation 5(6)

“Article 87 of the EC Treaty”

“Article 107 of the TFEU”

Fishing Vessels (Decommissioning) (Scotland) Scheme 2003

Regulation 6(6)

“Article 87 of the EC Treaty”

“Article 107 of the TFEU”

Meat Products (Scotland) Regulations 20045

In regulation 2, the definition of “free circulation”

“Article 23 of the Treaty establishing the European Community”

“Article 28 of the Treaty on the Functioning of the European Union”

1S.I. 1999/491, amended by S.S.I. 1999/48, S.S.I. 2008/240; there are other amending instruments but none are relevant.

2S.S.I. 2001/332, to which there are amendments not relevant to this Order.

3S.S.I. 2002/523, amended by S.S.I. 2004/244.

4S.S.I. 2003/87.

5S.S.I. 2004/6, to which there are amendments not relevant to this Order.

Instrument

Provision

Existing text

Substituted text

Jams and Similar Products (Scotland) Regulations 20041

In regulation 2(1), the definition of “free circulation”

“Article 23.2 of the Treaty establishing the European Community as read with Article 24”

“Article 28(2) of the Treaty on the Functioning of the European Union as read with Article 29”

Human Tissue (Scotland) Act 2006 (Maintenance of Records & Supply of Information Regarding the Removal and Use of Body Parts) Regulations 20062

In Part 3 of Schedule 2, paragraph 5(a)

“Article 42 of the Treaty establishing the European Community”

“Article 48 of the Treaty on the Functioning of the European Union”

Spreadable Fats, Milk and Milk Products (Scotland) Regulations 20083

Regulation 3(3)

“Article 23(2) of the Treaty establishing the European Community”

“Article 28(2) of the Treaty on the Functioning of the European Union”

1S.S.I. 2004/133, to which there are amendments not relevant to this Order.

2S.S.I. 2006/344.

3S.S.I. 2008/216.

PART 4Subordinate legislation: Wales

Annotations:
Amendments (Textual)
Marginal Citations
M1

S.I. 2006/1851 (W 194).

M2

S.I. 2008/1341 (W 141), to which there are amendments not relevant to this Order.

Instrument and Provision

Existing text

Substituted text

F5. . .

F5. . .

F5. . .

F5. . .

F5. . .

F5. . .

F4. . .

F4. . .

F4. . .

F4. . .

F4. . .

F4. . .

Kava-kava in Food (Wales) Regulations 2006M1, regulation 2

Rheoliadau Cafa-cafa mewn Bwyd (Cymru) 2006M1, regulation 2

“Article 23.2, as read with Article 24, of the Treaty establishing the European Community”

“Erthygl 23.2, fel y'i darllenir ynghyd ag Erthygl 24, o'r Cytuniad a sefydlodd y Gymuned Ewropeaidd”

“Article 28(2), as read with Article 29, of the Treaty on the Functioning of the European Union”

“Erthygl 28(2), fel y'i darllenir ynghyd ag Erthygl 29, o'r Cytuniad ar Weithrediad yr Undeb Ewropeaidd”

Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008M2 regulation 3(3)

Rheoliadau Brasterau Taenadwy (Safonau Marchnata) a Llaeth a Chynhyrchion Llaeth (Diogelu Dynodiadau) (Cymru) 2008M2, regulation 3(3)

“Article 23(2) of the Treaty establishing the European Community”

“Erthygl 23(2) o'r Cytuniad a sefydlodd y Gymuned Ewropeaidd”

“Article 28(2) of the Treaty on the Functioning of the European Union”

“Erthygl 28(2) o'r Cytuniad ar Weithrediad yr Undeb Ewropeaidd”