The Treaty of Lisbon (Changes in Terminology) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends legislation to reflect changes in terminology and numbering arising out of the Treaty of Lisbon, and makes some incidental changes. It thus enables the UK to give effect to EU obligations.

This Order amends (i) Acts of Parliament, (ii) Acts of the Scottish Parliament, and (iii) instruments made under an Act of Parliament or an Act of the Scottish Parliament (or both).

Articles 3 to 7 and Schedule 1 amend (i) Acts of Parliament, (ii) Acts of the Scottish Parliament, (iii) instruments made under an Act of Parliament or an Act of the Scottish Parliament (or both). Articles 8 to 11 and Schedule 2 amend statutory instruments made by the National Assembly of Wales or the Welsh Ministers (either alone or with another person), but not where that instrument is made in the English language only. In the latter case, special provision has been made for amendments in the Welsh language version of such instruments, which has sometimes required a different approach in the Welsh language and grammar.

Parts 2 and 3 of the Order are subject to the exceptions listed in articles 3(2) and (3)) and 8(2) and (3). Part 2 does not affect the European Communities Act 1972 or the Interpretation Act 1978 (which have both already been amended by the European Union (Amendment) Act 2008), or Northern Ireland legislation. Parts 2 and 3 do not affect titles, or reference to titles, of UK or EU legislation, or terms defined in EU legislation

This Order does not affect references, in their application to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force).

Articles 4 and 9 of the Order replace references to (i) the European Communities, (ii) the European Community, (iii) the European Coal and Steel Community (article 4 only), (iv) the Communities, (v) the Community, (vi) the EC, and (vii) the EEC, with references to the European Union. However, it does not generally make such changes where the terms (i) Community, (ii) EC, and (iii) EEC, are used as an adjective (such use is amended on a case by case basis as specified in Schedules 1 and 2 to the Order). Certain terms are amended by articles 6 and 10 of the Order to replace “EU” with “Community” when “Community” is used as an adjective in the terms “Community treaties”, “Community customs duty”, “Community institution”, “Community instrument”, “Community obligation”, “enforceable Community right”, “Community law”, “Community legislation” and “Community provision”. However, the Order does not amend the term “specified Community provision” where the relevant piece of legislation contains a definition of that term.

Following the entry into force of the Lisbon Treaty, the Euratom Community remains a separate legal entity from the EU. Therefore references to Euratom remain as such in legislation. Some references to “the Communities” appeared in a context where Euratom was necessarily included. Such references to “the Communities” have now become references to “the EU” by virtue of articles 4(1) and 9(1) and (2) of this Order. By virtue of s. 3(2) European Union (Amendment) Act 2008, these references include, as appropriate, as references to Euratom.

Article 5 of this Order provides that, in Acts of Parliament, Acts of the Scottish Parliament, and instruments made under such Acts, references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties established the European Communities and certain related acts”, is replaced by “Article 217 of the Treaty on the Functioning of the European Union”. This relates to references to EU powers relating to the conclusion of association agreements with third countries and international organisations.

Schedules 1 and 2 make specific changes to particular legislation. Schedule 2 in particular deals with Welsh legislation which has required a somewhat different approach to be taken given the use of Welsh language and grammar.

Annex I to this explanatory note lists some examples of legislation that will be affected by this Order.

Annex II to the explanatory note gives some examples as to how this Order will operate on terms in legislation.

No impact assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.