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The European Communities (Designation) (No. 3)Order 1999

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This is the original version (as it was originally made).

Statutory Instruments

1999 No. 2788

EUROPEAN COMMUNITIES

The European Communities (Designation) (No. 3)Order 1999

Made

12th October 1999

Laid before Parliament

25th October 1999

Coming into force

15th November 1999

At the Court at Buckingham Palace, the 12th day of October 1999

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972(1) and section 29(1) of the Government of Wales Act 1998(2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No. 3) Order 1999 and shall come into force on 15th November 1999.

(2) In this Order—

“the Act” means the European Communities Act 1972,

“the Assembly” means the National Assembly for Wales, and

“regulations” means regulations made pursuant to section 2(2) of the European Communities Act 1972.

Designation of Ministers or government departments

2.—(1) For the purposes of section 2(2) of the Act, the Ministers or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.

(2) Where a Minister or government department is designated in relation to any matter in column (2) of Schedule 1, then for the purposes of section 2(2) of the Act, that Minister or government department is hereby designated in relation to anything supplemental or related to that matter.

(3) Where more than one Minister or government department is designated by this Order in relation to any matter, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.

(4) Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.

Designation of the National Assembly for Wales

3.—(1) For the purposes of section 2(2) of the Act the Assembly is designated in relation to the matters specified in Schedule 2 to this Order.

(2) Regulations made by the Assembly shall—

(a)comply with the restrictions and conditions provided in Schedule 2, and

(b)apply in relation to Wales only, subject as provided in Schedule 2.

(3) Where the Assembly is designated in relation to the matters specified in Schedule 2, then for the purposes of section 2(2) of the Act, it is hereby designated in relation to anything supplemental or related to that matter.

(4) Where the Assembly is designated by this Order in relation to any matter, for which any Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may, subject as provided in Schedule 2, make regulations and, if regulations are made by more than one, they may do so jointly.

Revocations

4.  Schedule 3 (which contains revocations of superseded designations) has effect.

A. K. Galloway

Clerk of the Privy Council

Article 2

SCHEDULE 1DESIGNATION OF MINISTERS OR GOVERNMENT DEPARTMENTS

(1)(2)
Ministers or DepartmentsMatters in relation to which Ministers or Departments are designated
The Secretary of StateMeasures relating to the information and consultation of employees.
The Secretary of StateMeasures relating to good laboratory practice.
The Secretary of StateMeasures relating to the operation of the Structural Funds
The Secretary of StateMeasures relating to biocides.
Any Northern Ireland departmentAll of the preceding matters in this column.
The Minister for Agriculture, Fisheries and FoodsMeasures relating to the operation of the Structural Funds.
The Secretary of StateMeasures relating to sex discrimination, race discrimination and disability discrimination in matters of employment, self-employment and vocational training.
Any Northern Ireland departmentMeasures relating to discrimination on the grounds of sex, race, disability, religious belief or political opinion, in matters of employment, self-employment and vocational training.
The Secretary of StateMeasures relating to wireless telegraphy including radio equipment.

Article 3

SCHEDULE 2MATTERS IN RELATION TO WHICH THE NATIONAL ASSEMBLY FOR WALES IS DESIGNATED

1.  Measures relating to the processing and marketing of forestry products.

2.  Measures relating to the common agricultural policy of the European Community, except measures concerning feeding stuffs containing medicinal products (including growth regulators) or medicinal products when destined for use in feeding stuffs.

Regulations made in respect of this matter—

(a)shall be made jointly with the Minister for Agriculture, Fisheries and Food where they contain measures relating to—

(i)the placing on the market or use of plant protection products, or

(ii)maximum levels for pesticide residues in or on cereals, food stuffs of animal origin or products of plant origin, including fruit and vegetables, and

(b)may, where they relate to—

(i)payments or entitlement to payments in respect of an agricultural activity, or

(ii)the entitlement to market the products of any such activity,

apply in respect of such activity undertaken anywhere on a farm or group of farms which includes a parcel of land situated in Wales.

3.  Measures relating to the informational and educational materials dealing with the feeding of infants and young children, donations of informational or educational equipment or materials, and donations and/or low price sales of supplies of infant formulae.

Article 4

SCHEDULE 3REVOCATION OF PREVIOUS DESIGNATIONS

(1)(2)(3)
Order containing designationMinister or Departmentpreviously designatedMatters in relation to which thedesignation is revoked
The European Communities (Designation) (No. 2) Order 1991(3)The Secretary of State and any Northern Ireland departmentMeasures relating to the control of laboratories carrying out tests on chemical products.
The European Communities (Designation) (No. 3) Order 1993(4)The Secretary of State and any Northern Ireland departmentMeasures relating to equal pay for men and women and to equal treatment for men and women in matters of employment, self-employment and vocational training.
The European Communities (Designation) (No. 3) Order 1994(5)The Secretary of StateMeasures relating to promotion of the development and structural adjustment of regions whose development is lagging behind.
The European Communities (Designation) Order 1996(6)The Secretary of State and any Northern Ireland departmentMeasures relating to consultation with employees on health and safety at work.
The European Communities (Designation) (No. 3) Order 1997(7)The Secretary of State and any Northern Ireland departmentMeasures relating to the principle of non-discrimination on grounds of sex in the fields of pay and treatment in matters of employment, self-employment and vocational training.

Explanatory Note

(This note is not part of the Order)

This is a further Order in the series designating authorities which may exercise the power to make regulations conferred by section 2(2) of the European Communities Act 1972 and specifying the matters in relation to which that power may be exercised. It is the first to designate the National Assembly for Wales, and specifies the conditions and restrictions applicable to the exercise of the power by the Assembly.

(3)

S.I. 1999/755.

(4)

S.I. 1993/2661.

(5)

S.I. 1994/1887.

(6)

S.I. 1996/266.

(7)

S.I. 1997/2563.

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