Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No. 4) Order 2003 and shall come into force on 8th December 2003.

(2) In this Order—

“the Act” means the European Communities Act 1972;

“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland Department; and

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

Designation of Ministers or Departments

2.—(1) For the purposes of section 2(2) of the Act, the Ministers 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 is designated by this Order in relation to any matter, for which any other 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 make regulations and, if regulations are made by more than one, they may do so jointly.

Designation of the National Assembly for Wales

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

(2) Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only, save that regulations made in relation to measures relating to water resources may apply as set out in Schedule 2.

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

Designation of Northern Ireland Departments

4.—(1) For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 3 to this Order.

(2) Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland only.

(3) Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.

Revocation of Designations

5.  The Orders specified in column (1) of Schedule 4 to this Order are revoked in so far as they relate to the Ministers, or Northern Ireland departments or the National Assembly for Wales, specified in column (2) and the designation specified in respect of them in column (3).

Article 2

SCHEDULE 1DESIGNATION OF MINISTERS

Article 3

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

• Measures relating to water resources. Regulations made by the National Assembly for Wales relating to this matter may apply in relation to or identify river basin districts which lie wholly in Wales or partly in England and partly in Wales. Where regulations are made pursuant to this Order in relation to or identifying river basin districts which lie partly in England and partly in Wales, they shall be made jointly by the National Assembly for Wales with the Secretary of State. (In this paragraph “Wales” has the meaning given by section 155 of the Government of Wales Act 1998.)

• Measures relating to food (including drink) including the primary production of food; and measures relating to feed produced for or fed to food-producing animals, except measures concerning feed containing medicinal products (including growth regulators) or medicinal products when destined for use in feed.

• Measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms.

Article 4

SCHEDULE 3MATTERS IN RELATION TO WHICH NORTHERN IRELAND DEPARTMENTS ARE DESIGNATED

• Measures relating to water resources in Northern Ireland. “Northern Ireland” has the meaning given by section 98 of the Northern Ireland Act 1998(3).

• The restriction of the use of hazardous substances in the manufacture of electrical and electronic equipment.

• Measures relating to food (including drink) including the primary production of food; and measures relating to feed produced for or fed to food-producing animals.

• Measures relating to European public limited-liability companies (Societas Europaea).

• Measures relating to the assessment, management and control of environmental noise.

Article 5

SCHEDULE 4REVOCATIONS

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. The Order also revokes a number of designations which are superseded.