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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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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) |
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 |
Power
to declare that regulations which are not time limited shall
not have |
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Where a regulation to
which this Act applies, or any part thereof, does not |
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contain a time limit after
which the regulation, or part, no longer has effect, a |
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court of competent jurisdiction
shall declare that the regulation, or the relevant |
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part thereof, shall not
have effect. |
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3 |
Court
of competent jurisdiction |
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(1) |
For the purposes of this
Act, “a court of competent jurisdiction” means— |
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(a) |
any court or tribunal in
which the provision or 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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(2) |
The courts specified in
subsection (1) shall have power to entertain an |
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application for a declaration
(or, in Scotland, declarator) under this Act |
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notwithstanding that no
other relief is sought or might be sought. |
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4 |
Regulations
to which this Act applies |
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(1) |
The regulations to which
this Act applies are— |
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(a) |
regulations made by any
designated Minister or department under |
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section 2(2) of the 1972
Act; |
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(b) |
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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(c) |
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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25 |
This Act may be cited as
the European Communities (Deregulation) Act 2006. |
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