The European Communities (Designation) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/301
Year2008

2008 No. 301

EUROPEAN COMMUNITIES

The European Communities (Designation) Order 2008

Made 12th February 2008

Laid before Parliament 19th February 2008

Coming into force 15th March 2008

At the Court at Buckingham Palace, the 12th day of February 2008

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 19721, is pleased, by and with the advice of Her Privy Council, to order as follows:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) Order 2008 and comes into force on 15th March 2008.

(2) In this Order—

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

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

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

S-2 Designation in relation to the environment

Designation in relation to the environment

2. Each of the following is designated in relation to the environment—

(a) the Secretary of State; and

(b) any Northern Ireland department.

S-3 Designation in relation to cat and dog fur

Designation in relation to cat and dog fur

3. The Secretary of State is designated in relation to the placing on the market of cat and dog fur and of products containing such fur.

S-4 Relationship with other designations

Relationship with other designations

4.—(1) This Order (except for Article 6) does not restrict the scope of any designation made by any other Order.

(2) Where—

(a)

(a) a Minister or department is designated by this Order, and

(b)

(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), “Minister or department” means—

(a)

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

(b)

(b) the Welsh Ministers2.

S-5 Restrictions

Restrictions

5.—(1) Article 2(b) only designates Northern Ireland departments to make subordinate legislation that forms part of the law of Northern Ireland.

(2) Paragraph (1) does not apply 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.

S-6 Revocation of existing designations

Revocation of existing designations

6.—(1) The designations described in the Schedule are revoked.

(2) The following Orders are revoked—

(a)

(a) the European Communities (Designation) Order 19843;

(b)

(b) the European Communities (Designation) (No.2) Order 19854; and

(c)

(c) the European Communities (Designation) (No.2) Order 19885.

Judith Simpson

Clerk of the Privy Council

SCHEDULE

Article 6(1)

Revocations

(1)

Order

(2)

Minister or Department

designated

(3)

Subject matter of designation

The European Communities (Designation) (No.2) Order 19826

The Secretary of State

Any Northern Ireland department

The regulation and control of the quality of water supplied by persons other than statutory water undertakers.

The European Communities (Designation) Order 19887

The Minister of Agriculture, Fisheries and Food

Any one or more Secretaries of State

Any Northern Ireland department

Measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment.

The Secretary of State

Any Northern Ireland department

The regulation and control of the use of sewage sludge in agriculture.

The Secretary of State

Any Northern Ireland department

The control of air pollution.

The European Communities (Designation) (No.2) Order 19928

The Secretary of State

Any Northern Ireland department

Measures relating to the collection, treatment and discharge of urban waste water, and the treatment and discharge of waste water from certain industrial sectors.

The European Communities (Designation) (No.4) Order 19929

The Secretary of State

Any Northern Ireland department

Measures relating to the conservation of natural habitats and of wild fauna and flora.

The European Communities (Designation) Order 199310

The Secretary of State

Measures relating to the limitation of aircraft noise.

The European Communities (Designation) (No.3) Order 199311

The Secretary of State

Any Northern Ireland department

Measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials).

The European Communities (Designation) Order 199412

The Minister of Agriculture, Fisheries and Food

Measures relating to the conservation of natural habitats and of wild fauna and flora.

The European Communities (Designation) Order 199513

The Secretary of State

Any Northern Ireland department

Measures relating to the protection of the ozone layer and measures relating to substances that deplete the ozone layer.

The European Communities (Designation) Order 199814

The Secretary of State

Measures relating to the reduction of emissions of pollutants from internal combustion engines.

The European Communities (Designation) (No.3) Order 199815

The Secretary of State

Any Northern Ireland department

Measures relating to the quality of water intended for domestic purposes or for use in a food production undertaking.

The European Communities (Designation) (No.3) Order 200316

Any Northern Ireland department

Waste electrical and electronic equipment.

The European Communities (Designation) (No.4) Order 200317

The Secretary of State

Measures relating to water resources.

Any Northern Ireland department

Measures relating to water resources in Northern Ireland. “Northern Ireland” has the meaning given by section 98 of the Northern Ireland Act 199818.

The Secretary of State

Measures in relation to freedom of access to, and dissemination of, information on the environment held by or for public authorities or other bodies.

The European Communities (Designation) Order 200419

The Secretary of State

Any Northern Ireland department

The assessment of the effects of plans and programmes on the environment.

The European...

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