2007 No.1679

EUROPEAN COMMUNITIES

The European Communities (Designation) (No.3) Order 2007

Made

Laid before Parliament

Coming into force

At the Court at Buckingham Palace, the 13th day of June 2007

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 and section 59(1) of the Government of Wales Act 20062, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation, commencement and interpretation1

1

This Order may be cited as the European Communities (Designation) (No.3) Order 2007 and comes into force on 11th July 2007.

2

In this Order—

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

  • “Minister or department” means—

    1. a

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

    2. b

      the Welsh Ministers3;

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

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

Designation in relation to machinery, etc.2

1

Each of the following is designated in relation to the matter mentioned in paragraph (2)—

a

the Secretary of State; and

b

any Northern Ireland department.

2

The matter referred to in paragraph (1) is machinery, including—

a

component parts of machines;

b

components or equipment to be attached to or used with machines; and

c

sub-assemblies to be incorporated into or assembled with machines.

Designation in relation to auditors and the audit of accounts3

Each of the following is designated in relation to auditors and the audit of accounts—

a

the Secretary of State;

b

the Treasury; and

c

any Northern Ireland department.

Designation in relation to the requirement for an environmental impact assessment4

The Welsh Ministers are designated in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in so far as it concerns town and country planning.

Designation in relation to access to education5

Any Northern Ireland department is designated in relation to access to education.

Relationship with other designations6

1

This Order does not restrict the scope of any designation made by any other Order.

2

Where—

a

a Minister or department is designated by this Order, and

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.

Restrictions7

1

Articles 2(1)(b), 3(c) and 5 only designate Northern Ireland departments to make subordinate legislation that forms part of the law of Northern Ireland.

2

Article 4 only designates the Welsh Ministers to make subordinate legislation that applies in relation to Wales.

3

Paragraphs (1) and (2) do 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.

4

In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 20064.

Revocation of earlier designations8

1

Paragraph 2(a) of Schedule 1 to the European Communities (Designation) (No.3) Order 20005 is revoked.

2

The designations described in the Schedule are revoked.

Meriel McCullaghDeputy Clerk of the Privy Council

SCHEDULERevocations

Article 8(2)

(1)

Order

(2)

Minister or Departments designated

(3)

Designation

The European Communities (Designation) (No.2) Order 19876

The Secretary of State and any Northern Ireland department

Measures and technical requirements in respect of the manufacture, placing on the market, putting into service and use of lifting and mechanical handling appliances and their components.

The European Communities (Designation) Order 19927

The Secretary of State and any Northern Ireland department

Measures relating to the design and construction of, and to the placing on the market and putting into service of, machinery.

The European Communities (Designation) (No.3) Order 19938

The Secretary of State

Measures relating to the design and construction of, and to the placing on the market and putting into service of, safety components9 for machinery.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the Secretary of State and any Northern Ireland department so that they may exercise the powers conferred by section 2(2) of the European Communities Act 1972 (“section 2(2)”) in relation to machinery, including component parts of machines, components or equipment to be attached to or used with machines, and sub-assemblies to be incorporated into or assembled with machines. It also designates the Secretary of State, the Treasury and any Northern Ireland department in relation to auditors and the audit of accounts; the Welsh Ministers in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in so far as it concerns town and country planning; and any Northern Ireland department in relation to access to education. This Order also revokes a number of designations which are superseded.