Citation, commencement and interpretation

1.-(1) This Order may be cited as the European Communities (Designation) Order 2016 and comes into force on 9th March 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;

"subordinate legislation" means orders, rules, regulations or schemes made under section 2(2) of that Act.

Designation in relation to the design, construction and fitting of buildings

2.  The Welsh Ministers are designated in relation to the design and construction of buildings, and in relation to services, fittings and equipment provided in or in connection with those buildings.

Territorial restrictions

3.-(1) Subject to paragraph (2), article 2 only designates the Welsh Ministers to make subordinate legislation that applies in relation to Wales.

(2) Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department.

(3) In this article-

(a)"Wales" has the meaning given by section 158(1) of the Government of Wales Act 2006(3); and

(b)"Minister of the Crown or government department" does not include a Northern Ireland Minister or Northern Ireland department.

Relationship with other designations

4.-(1) This Order does not restrict the scope of any designation made by any other Order.

(2) Where-

(a)the Welsh Ministers are designated by this Order, and

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

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

(3) In paragraph (2), "Minister or department" means a Minister of the Crown or government department, including a Northern Ireland department.

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 Welsh Ministers so that they may exercise the powers conferred by section 2(2) in relation to the design and construction of buildings and in relation to services, fittings and equipment provided in or in connection with those buildings.

Article 3 provides for territorial restrictions for the Welsh Ministers' designations.

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

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