Citation, commencement and interpretation

1.—(1) This Order may be cited as the European Communities (Designation) (No. 2) Order 2008 and comes into force on 6th August 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).

Designation in relation to private international law

2.  The Secretary of State is designated in relation to private international law.

Designation in relation to payment services

3.  The Treasury is designated in relation to payment services.

Designation in relation to the veterinary and phytosanitary fields

4.  The Welsh Ministers(2) are designated in relation to the veterinary and phytosanitary fields for the protection of public health.

Relationship with other designations

5.—(1) This Order (except for article 7) 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 any other Order,

they may make subordinate legislation in relation to that matter jointly.

(3) In paragraph (2), “Minister or department” means—

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

(b)the Welsh Ministers(3).

Restrictions

6.—(1) Article 4 only designates the Welsh Ministers to make subordinate legislation that applies in relation to Wales.

(2) In paragraph (1), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006(4).

(3) 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.

Revocation of existing designations

7.  The designations described in the Schedule are revoked.

Article 7

SCHEDULERevocations

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates the Secretary of State so that the Secretary of State may exercise the powers conferred by section 2(2) of the European Communities Act 1972 (c. 68) (“section 2(2)”) in relation to private international law. It also designates the Treasury so that it may exercise the powers conferred by section 2(2) in relation to payment services. The Order also designates the Welsh Ministers so that they may exercise the powers conferred by section 2(2) in relation to the veterinary and phytosanitary fields for the protection of public health. This Order also revokes several existing designations which have now been superseded.