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European Communities (Deregulation) Bill


European Communities (Deregulation) Bill

1

 

A

Bill

To

make provision in respect of the effect on persons and businesses of

regulations made under section 2 of the European Communities Act 1972. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Power to declare that provisions of regulations shall not have effect

(1)   

If it appears to a court of competent jurisdiction that regulations to which this

Act applies contain a provision or any part thereof which imposes on a person

or business a higher compliance cost, or a heavier sanction (whether criminal

or otherwise), for failure to comply than in one or more other Member State of

5

the European Union, that court shall declare that the provision or part thereof

shall not have effect.

(2)   

For the purposes of this section, “a court of competent jurisdiction” means—

(a)   

any court or tribunal in which the provision of part thereof is sought to

be enforced or given effect in civil, criminal or administrative

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proceedings, and

(b)   

as respects England and Wales, the High Court,

(c)   

as respects Scotland, the Court of Session, and

(d)   

as respects Northern Ireland, the High Court of Northern Ireland.

(3)   

The courts specified in subsection (2)(b) to (d) shall have power to entertain an

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application for a declaration (or, in Scotland, declarator) under this section

notwithstanding that no other relief is sought or might be sought.

(4)   

In this section, “compliance cost” means the cost to a business or individual of

complying with a provision or any part thereof contained in regulations to

which this Act applies, including costs arising from any restriction,

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requirement or condition (including a requirement to pay fees).

2       

Regulations to which this Act applies

(1)   

The regulations to which this Act applies are—

 
Bill 48 53/3
 
 

European Communities (Deregulation) Bill

2

 

(a)   

Orders in Council made by Her Majesty under section 2(2) of the

European Communities Act 1972 (c. 68) (hereafter “the 1972 Act”)

(general implementation of Treaties);

(b)   

regulations made by any designated Minister or department under

section 2(2) of the 1972 Act;

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(c)   

orders, rules, regulations or other subordinate legislation made in the

exercise of any statutory power or duty entrusted to a person and

exercised having regard to the objects of the Communities or to any

obligations or rights created or arising by or under the Treaties; and

(d)   

directions given in the exercise of any statutory power or duty

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entrusted to a person and exercised having regard to the objects of the

Communities or to any obligations or rights created or arising by or

under the Treaties.

(2)   

In this section—

   

“designated Minister or department” has the same meaning as in section

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2(2) of the 1972 Act;

   

“objects of the Communities” and “any obligations or rights created or

arising by or under the Treaties” have the same meaning as in section

2(1) of that Act; and

   

“the Treaties” has the same meaning as in section 1(2) of that Act.

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3       

Short title

This Act may be cited as the European Communities (Deregulation) Act 2004.

 

 

 
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Revised 11 March 2004