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make
provision in respect of the effect on persons and businesses of
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regulations made under section
2 of the European Communities Act 1972. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Power
to declare that provisions of regulations shall not have effect |
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(1) |
If it appears to a court
of competent jurisdiction that regulations to which this |
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Act applies contain a provision
or any part thereof which imposes on a person |
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or business a higher compliance
cost, or a heavier sanction (whether criminal |
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or otherwise), for failure
to comply than in one or more other Member State of |
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the European Union, that
court shall declare that the provision or part thereof |
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(2) |
For the purposes of this
section, “a court of competent jurisdiction” means— |
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(a) |
any court or tribunal in
which the provision of part thereof is sought to |
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be enforced or given effect
in civil, criminal or administrative |
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(b) |
as respects England and Wales,
the High Court, |
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(c) |
as respects Scotland, the
Court of Session, and |
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(d) |
as respects Northern Ireland,
the High Court of Northern Ireland. |
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(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 |
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notwithstanding that no other
relief is sought or might be sought. |
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(4) |
In this section, “compliance
cost” means the cost to a business or individual of |
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complying with a provision
or any part thereof contained in regulations to |
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which this Act applies, including
costs arising from any restriction, |
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requirement or condition
(including a requirement to pay fees). |
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2 |
Regulations
to which this Act applies |
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(1) |
The regulations to which
this Act applies are— |
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(a) |
Orders
in Council made by Her Majesty under section 2(2) of the |
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European Communities Act 1972
(c. 68) (hereafter “the 1972 Act”) |
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(general implementation of
Treaties); |
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(b) |
regulations made by any designated
Minister or department under |
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section 2(2) of the 1972 Act; |
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(c) |
orders, rules, regulations
or other subordinate legislation made in the |
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exercise of any statutory
power or duty entrusted to a person and |
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exercised having regard to
the objects of the Communities or to any |
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obligations or rights created
or arising by or under the Treaties; and |
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(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 |
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Communities or to any obligations
or rights created or arising by or |
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“designated
Minister or department” has the same meaning as in section
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“objects
of the Communities” and “any obligations or rights
created or |
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arising
by or under the Treaties” have the same meaning as in section
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“the
Treaties” has the same meaning as in section 1(2) of that
Act. |
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This Act may be cited as the European
Communities (Deregulation) Act 2004. |
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