Part 3Legislation relating to the European Communities etc

Implementation of Community obligations etc

27Power to make orders, rules and schemes

F71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Where any enactment passed, or subordinate legislation made, before the coming into force of this section refers to regulations under subsection (2) of section 2 of the European Communities Act 1972, a Minister of the Crown may by order or regulations amend the enactment or subordinate legislation so that it includes a reference to any order, rules or scheme under that subsection.

6

The powers of a Minister of the Crown under subsection (5)—

a

so far as exercisable in relation to a matter the exercise of functions in respect of which is within devolved competence (within the meaning of the Scotland Act 1998), shall also be exercisable by the Scottish Ministers;

b

so far as exercisable in relation to a transferred matter (within the meaning of the Northern Ireland Act 1998 (c. 47)), shall also be exercisable by a Northern Ireland department;

F6c

so far as they are powers that—

i

could be conferred by provision falling within the legislative competence of the National Assembly for Wales, or

ii

are exercisable in relation to matters in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government,

shall also be exercisable by the Welsh Ministers.

7

The power under subsection (5) to make an order or regulations—

a

so far as exercisable by a Minister of the Crown, the Scottish Ministers or F2the Welsh Ministers, shall be exercisable by statutory instrument;

b

so far as exercisable by a Northern Ireland department, shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

8

A statutory instrument or statutory rule containing an order or regulations under subsection (5)—

a

if made by a Minister of the Crown, shall be subject to annulment in pursuance of a resolution of either House of Parliament;

b

if made by the Scottish Ministers, shall be subject to annulment in pursuance of a resolution of the Scottish Parliament; F3...

c

if made by a Northern Ireland department, shall be subject to negative resolution, within the meaning of the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument within the meaning of that Act F4, and

F5d

if made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the Assembly.

9

In subsection (5)—

a

“enactment” includes Acts of the Scottish Parliament and Northern Ireland legislation;

b

“subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaws or other instrument made under any Act, Act of the Scottish Parliament or Northern Ireland legislation.