Legislation (Memoranda of European Derivation) Bill

House of Commons

Session 2002 - 03
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Other Bills before Parliament

Legislation (Memoranda of European Derivation) Bill

Legislation (Memoranda of European Derivation) Bill

1

A

Bill

To

require a Minister of the Crown, the National Assembly for Wales, a Northern

Ireland Minister or a Scottish Minister in respect of any primary or

subordinate legislation which gives effect to any European Community treaty,

obligation or instrument to publish a memorandum specifying the relevant

European Community treaty, obligation or instrument from which it is

derived and identifying which provisions in the legislation are so derived.

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

Statement of derivation

(1)

The Appropriate Authority must, in respect of any primary or subordinate

legislation which gives effect to any European Community treaty, obligation or

instrument, publish a memorandum which—

(a)

specifies the relevant European Community treaty, obligation or

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instrument from which it is derived, and

(b)

identifies which provisions in the legislation are so derived.

(2)

A memorandum under subsection (1) must be published at the same time as

any document containing any primary or secondary legislation which gives

effect to any European Community treaty, obligation or instrument is laid

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before either House of Parliament, the Scottish Parliament or the National

Assembly for Wales.

(3)

In this section—



“the Appropriate Authority” means, in relation to primary or secondary

legislation laid before—

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(a)

either House of Parliament, a Minister of the Crown;

(b)

the Scottish Parliament, a Scottish Minister; and

(c)

the National Assembly for Wales, the National Assembly for

Wales.



“Community instrument” has the same meaning as in Part 2 of Schedule

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1 to the European Communities Act 1972;

Bill 155 53/3

Legislation (Memoranda of European Derivation) Bill

2



“Community obligation” has the same meaning as in Part 2 of Schedule 1

to the European Communities Act 1972;



“Community treaty” has the same meaning as in section 1(2) of the

European Communities Act 1972;

2

Short title

5

(1)

This Act may be cited as the Legislation (Memoranda of European Derivation)

Act 2004.