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European Communities (Deregulation) Bill


 

European Communities (Deregulation) Bill

 

 
 

Contents

1   

Power to declare that provisions of regulations shall not have effect

2   

Power to declare that regulations which are not time limited shall not have

effect

3   

Court of competent jurisdiction

4   

Regulations to which this Act applies

5   

Short title

 

Bill 183                                                                                                

54/1

 
 

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)   

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,

10

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

2       

Power to declare that regulations which are not time limited shall not have

effect

Where a regulation to which this Act applies, or any part thereof, does not

contain a time limit after which the regulation, or part, no longer has effect, a

15

court of competent jurisdiction shall declare that the regulation, or the relevant

part thereof, shall not have effect.

3       

Court of competent jurisdiction

(1)   

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

(a)   

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

20

be enforced or given effect in civil, criminal or administrative

proceedings, and

(b)   

as respects England and Wales, the High Court,

 
Bill 183 54/1
 
 

European Communities (Deregulation) Bill

2

 

(c)   

as respects Scotland, the Court of Session, and

(d)   

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

(2)   

The courts specified in subsection (1) shall have power to entertain an

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

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

5

4       

Regulations to which this Act applies

(1)   

The regulations to which this Act applies are—

(a)   

regulations made by any designated Minister or department under

section 2(2) of the 1972 Act;

(b)   

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

10

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

(c)   

directions given in the exercise of any statutory power or duty

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

15

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

2(2) of the 1972 Act;

20

“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.

5       

Short title

25

This Act may be cited as the European Communities (Deregulation) Act 2006.

 
 

 
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Revised 18 October 2006