Citation, commencement and interpretation

1.-(1) This Order may be cited as the European Communities (Designation) (No. 2) Order 2016 and comes into force on 14th December 2016.

(2) In this Order-

"designated" means designated for the purposes of section 2(2) of the European Communities Act 1972, and similar expressions are to be construed accordingly;

"Minister or department" means a Minister of the Crown or government department, including a Northern Ireland department, or the Welsh Ministers;

"subordinate legislation" means orders, rules, regulations or schemes made under section 2(2) of the European Communities Act 1972.

Designation in relation to the European Parliament

2.  Each of the following is designated in relation to the European Parliament-

(a)the Secretary of State;

(b)the Minister for the Cabinet Office; and

(c)the Lord Privy Seal.

Designation in relation to local elections

3.  Each of the following is designated in relation to local government elections in England, Wales and Scotland and local elections in Northern Ireland-

(a)the Secretary of State; and

(b)the Minister for the Cabinet Office.

Relationship with other designations

4.-(1) Except for Articles 5 and 6, this Order does not restrict the scope of any designation made by any other order.

(2) Where-

(a)a Minister or department is designated by this Order; and

(b)any other Minister or department is designated in relation to the same matter by another order,

any of them may make subordinate legislation in relation to that matter.

Revocation of Articles 2, 3 and 4 of the European Communities (Designation) Order 2013

5.  Articles 2, 3 and 4 of the European Communities (Designation) Order 2013(2) are revoked.

Revocation of Article 5 of the European Communities (Designation) (No. 2) Order 2015

6.  Article 5 of the European Communities (Designation) (No. 2) Order 2015(3) is revoked.

EXPLANATORY NOTE

(This note is not part of the Order)

In England, Wales and Northern Ireland only "designated" Ministers and departments can exercise powers under section 2(2) of the European Communities Act 1972 (c.68) to make orders, rules, regulations and schemes. This is one of a series of orders by which Ministers and departments are designated for the purposes of section 2(2) in relation to different subject areas.

Article 2 designates the Secretary of State, the Minister for the Cabinet Office and the Lord Privy Seal in relation to the European Parliament.

Article 3 designates the Secretary of State and the Minister for the Cabinet Office in relation to local government elections in England, Wales and Scotland and local elections in Northern Ireland.

Article 4 provides that this Order does not restrict the scope of the designations in other orders and allows Ministers and departments designated in relation to the same matters to legislate jointly as well as individually.

Articles 5 and 6 revoke Articles in earlier designation orders that designate the Secretary of State, the Chancellor of the Duchy of Lancaster and the Lord Privy Seal in relation to the European Parliament and the Secretary of State and the Chancellor of the Duchy of Lancaster in relation to local elections.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.