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Section 1.
1 The “E.C.S.C. Treaty”, that is to say, the Treaty establishing the European Coal and Steel Community, signed at Paris on the 18th April 1951.
2 The “E.E.C. Treaty”, that is to say, the Treaty establishing the European Economic Community, signed at Rome on the 25th March 1957.
3 The “Euratom Treaty”, that is to say, the Treaty establishing the European Atomic Energy Community, signed at Rome on the 25th March 1957.
4 The Convention on certain Institutions common to the European Communities, signed at Rome on the 25th March 1957.
5 The Treaty establishing a single Council and a single Commission of the European Communities, signed at Brussels on the 8th April 1965.
6 The Treaty amending certain Budgetary Provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities, signed at Luxembourg on the 22nd April 1970.
7 Any treaty entered into before the 22nd January 1972 by any of the Communities (with or without any of the member States) or, as a treaty ancillary to any treaty included in this Part of this Schedule, by the member States (with or without any other country).
“Economic Community”, “Coal and Steel Community” and “Euratom” mean respectively the European Economic Community, the European Coal and Steel Community and the European Atomic Energy Community.
“Community customs duty” means, in relation to any goods, such duty of customs as may from time to time be fixed for those goods by directly applicable Community provision as the duty chargeable on importation into member States.
“Community institution” means any institution of any of the Communities or common to the Communities; and any reference to an institution of a particular Community shall include one common to the Communities when it acts for that Community, and similarly with references to a committee, officer or servant of a particular Community.
“Community instrument” means any instrument issued by a Community institution.
“Community obligation” means any obligation created or arising by or under the Treaties, whether an enforceable Community obligation or not.
“Enforceable Community right” and similar expressions shall be construed in accordance with section 2(1) of this Act.
“Entry date” means the date on which the United Kingdom becomes a member of the Communities.
“European Court” means the Court of Justice of the European Communities.
“Member”, in the expression “member State”, refers to membership of the Communities.
Section 2.
1 (1) The powers conferred by section 2(2) of this Act to make provision for the purposes mentioned in section 2(2)(a) and (b) shall not include power—
(a) to make any provision imposing or increasing taxation; or
(b) to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision; or
(c) to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal; or
(d) to create any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than £400 (if not calculated on a daily basis) or with a fine of more than £5 a day.
(2) Sub-paragraph (1)(c) above shall not be taken to preclude the modification of a power to legislate conferred otherwise than under section 2(2), or the extension of any such power to purposes of the like nature as those for which it was conferred; and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of sub-paragraph (1)(c).
2 (1) Subject to paragraph 3 below, where a provision contained in any section of this Act confers power to make regulations (otherwise than by modification or extension of an existing power), the power shall be exercisable by statutory instrument.
(2) Any statutory instrument containing an Order in Council or regulations made in the exercise of a power so conferred, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.
3 Nothing in paragraph 2 above shall apply to any Order in Council made by the Governor of Northern Ireland or to any regulations made by a Minister or department of the Government of Northern Ireland; but where a provision contained in any section of this Act confers power to make such an Order in Council or regulations, then any Order in Council or regulations made in the exercise of that power, if made without a draft having been approved by resolution of each House of the Parliament of Northern Ireland, shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if the Order or regulations were a statutory instrument within the [1954 c. 33(N.I).] meaning of that Act.
Section 4.
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 6 & 7 Eliz. 2. c. 6. | The Import Duties Act 1958. | The whole Act, except—
In Part II, section 5(2), (3), (5) and (6), section 7(1)(c) with the preceding “and”, section 9(4) and section 9(5) from “and” onwards. In Schedule 4, paragraph 1. |
| 8 & 9 Eliz. 2. c. 19. | The European Free Trade Association Act 1960. | The whole Act. |
| 1965 c. 65. | The Finance Act 1965. | Section 2, except subsection (5). |
| 1966 c. 18. | The Finance Act 1966. | In section 1, in subsection (1) the words between “1958” and “chargeable”, and subsection (6). Section 9. |
| 1969 c. 16. | The Customs Duties (Dumping and Subsidies) Act 1969. | The whole Act. |
| 1971 c. 68. | The Finance Act 1971. | Section 1(1) to (3). |
The repeals in this Part of the Schedule shall take effect from such date as the Secretary of State may by order appoint.
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 4 & 5 Eliz. 2. c. 48. | The Sugar Act 1956. | In section 3, subsection (1) from “including” onwards and subsection (2)(b). Section 4(2) and (3). Section 5, except as regards advances made before this repeal takes effect. Sections 7 to 17. Section 18(3) and (4). Sections 19 and 20. Sections 21 and 22, except as regards advances made and guarantees given before this repeal takes effect. Section 23, but without prejudice to the modification made by subsection (2) in the articles of association of the British Sugar Corporation. Sections 24 to 32. In section 33, in subsection (1) the words “regulations or”, in subsection (2) the words from the beginning to “subsection”, subsection (3) and subsection (5). In section 34, the words “or the Commissioners”. In section 35, in subsection (2) all the definitions except those of “the Corporation”, “financial year of the Sugar Board”, “functions”, “the Government”, “home-grown beet” and “pension”, in subsection (3) the words “or of the Corporation” and subsections (4) to (7). Section 36(2). In Schedule 3, paragraphs 2, 3 and 4. Schedule 4. |
| 5 & 6 Eliz. 2. c. 57. | The Agriculture Act 1957. | Section 4. In section 36(2) the words “and to sugar beet”. |
| 10 & 11 Eliz. 2. c. 23. | The South Africa Act 1962. | In Schedule 2, paragraph 5. |
| 10 & 11 Eliz. 2. c. 44. | The Finance Act 1962. | In section 3(6) the words from “the Sugar Act 1956” onwards. Part II of Schedule 5. |
| 1963 c. 11. | The Agriculture (Miscellaneous Provisions) Act 1963. | Section 25. |
| 1964 c. 49. | The Finance Act 1964. | Section 22. |
| 1966 c. 18. | The Finance Act 1966. | Section 52. |
| 1968 c. 13. | The National Loans Act 1968. | In Schedule 1, the entry for the Sugar Act 1956, except as regards advances made before this repeal takes effect. |
| 1968 c. 44. | The Finance Act 1968. | Section 58. |
The repeals in this Part of this Schedule shall take effect from such date as the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may by order appoint.
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 1964 c. 14. | The Plant Varieties and Seeds Act 1964. | Section 5(3). Sections 20 to 23A. Section 25(8)(b) and the word “and” preceding it. Section 32. In section 34(2) the words from “or in the Index” to “into force”, and the words “or fact”. Schedule 5. |
| 1968 c. 29. | The Trade Descriptions Act 1968. | Section 2(4)(a). |
| 1968 c. 34. | The Agriculture (Miscellaneous Provisions) Act 1968. | Schedule 7, except amendments of section 1 of or Schedule 1 or 2 to the Plant Varieties and Seeds Act 1964. |
The repeals in this Part of this Schedule shall take effect from such date as the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly may by order appoint.
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 9 & 10 Geo. 6. c. 59. | The Coal Industry Nationalisation Act 1946. | In section 4, in its application to the Industrial Coal Consumers' Council, subsections (1) to (8); and in its application to the Domestic Coal Consumers' Council, in subsection (2) the words “to represent the Board and”, in subsection (3) (as applied by subsection (4)) the words from “and where” in paragraph (a) onwards and subsection (5). Section 4(9), (10) and (11). |
| 10 & 11 Geo. 6. c. 48. | The Agriculture Act 1947. | Section 2(2). |
| 15 & 16 Geo. 6. and 1 Eliz. 2. c. 44. | The Customs and Excise Act 1952. | Schedule 6, except for cases in which the value of goods falls to be determined as at a time before the entry date. |
| 1 & 2 Eliz. 2. c. 15. | The Iron and Steel Act 1953. | Section 29. |
| 5 & 6 Eliz. 2. c. 57. | The Agriculture Act 1957. | Section 2(6)(b), with the preceding “or”. Section 3. Section 8(1), and in section 8(2) the words “and subsection (1) of section 3”. In section 11 the words “and ‘special review’” and the words “or special review”. |
| 10 & 11 Eliz. 2. c. 22. | The Coal Consumers' Councils (Northern Irish Interests) Act 1962. | Section 1(1) and (2), in so far as they apply to the Industrial Coal Consumers' Council. |
| 1963 c. 11. | The Agriculture (Miscellaneous Provisions) Act 1963. | Section 9(8). |
| 1967 c. 17. | The Iron and Steel Act 1967. | Sections 8, 15 and 30. Section 48(2)(b). In Schedule 3, the entries relating to section 6 of the Iron and Steel Act 1949. In Schedule 4, section 6 of the Iron and Steel Act 1949 as there set out. |
| 1967 c. 22. | The Agriculture Act 1967. | Section 61(7). Section 64(6). Section 65(5). |
| 1968 c. 48. | The International Organisations Act 1968. | Section 3. In section 4, the words “other than the Commission of the European Communities”. |
| 1970 c. 24. | The Finance Act 1970. | In Schedule 2, paragraph 5(1) from “Where, by virtue” onwards, and paragraph 5(2)(b) and (c), except for cases in which the value of goods falls to be determined as at a time before the entry date. |
| 1970 c. 40. | The Agriculture Act 1970. | Section 106(5). |
European Communities Act 1972