2011 No. 1043

European Union

The Treaty of Lisbon (Changes in Terminology) Order 2011

Made28th March 2011

Laid before Parliament1st April 2011

Coming into force22nd April 2011

The Secretary of State is a Minister designated ^M1 for the purposes of section 2(2) of the European Communities Act 1972 ^M2 in relation to changes in terminology or numbering arising out of the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13 December 2007.

The Secretary of State makes the following Order in exercise of the powers conferred by:

a section 3(4) and (5) of the European Union (Amendment) Act 2008 ^M3 (to the extent that the Order applies to provisions contained in (i) an Act of Parliament passed before 19 June 2008, or (ii) an instrument made before 19 June 2008 under an Act of Parliament), and

b section 2(2) of the European Communities Act 1972 (to the extent that the Order applies to provisions contained in (i) an Act of Parliament passed on or after 19 June 2008, (ii) an instrument made on or after 19 June 2008 under an Act of Parliament, (iii) an Act of the Scottish Parliament ^M4, or (iv) an instrument made under an Act of the Scottish Parliament):

PART 1 Citation and Commencement¶

1 Citation¶

This Order may be cited as the Treaty of Lisbon (Changes in Terminology) Order 2011.

2 Commencement¶

This Order comes into force on 22nd April 2011.

PART 2 Amendments to Acts of Parliament, Acts of the Scottish Parliament and certain statutory instruments¶

3 Application¶

1 The amendments made by this Part apply to provisions contained in—

a an Act of Parliament,

b an Act of the Scottish Parliament, or

c an instrument made under an Act of Parliament or an Act of the Scottish Parliament (or both).

2 The amendments made by this Part do not apply to—

a an instrument falling within article 8(1),

b an Order in Council mentioned in section 24(5)(c), (e) or (g) of the Interpretation Act 1978 (Northern Ireland legislation),

c the European Communities Act 1972,

d the Interpretation Act 1978 ^M5,

e the European Union (Amendment) Act 2008,

f the title of an Act or statutory instrument,

g a reference to the title of an Act or statutory instrument,

h a reference to the title of an item of European Community legislation, or

i a reference to a term defined in an item of European Community legislation.

3 The amendments made by this Part do not apply to a reference that relates only to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force) and do not affect any other reference in its application to things done before that date.

4 European Community – European Union¶

1 For references to the European Communities or to the European Community or the European Coal and Steel Community (including references to “the Communities”, “the Community”, “the EC” or “the EEC”) substitute references to the European Union.

2 Paragraph (1) does not apply to—

a the use of “Community”, “EC” or “EEC” as an adjective (but see article 6);

b a reference that forms part of a reference to a treaty (but see article 5).

5 Article 310 of the Treaty of Amsterdam¶

For references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts” substitute “ Article 217 of the Treaty on the Functioning of the European Union ”.

6 “Community”¶

1 In the following terms (which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) for the word “Community” substitute “ EU ”

a Community treaties,

b Community customs duty,

c Community institution,

d Community instrument,

e Community obligation, and

f enforceable Community right.

2 In the following terms, and in those terms preceded by the word “European”, for “Community”, or as the case may be “European Community”, substitute “ EU ”

a Community law,

b Community legislation, and

c Community provision.

3 Where the term mentioned in paragraph (1) or (2) is preceded by the word “a”, for “a” substitute “ an ”.

4 Paragraphs (1) to (3) do not apply where the term mentioned in paragraph (1) or (2) forms part of a reference to a treaty.

5 Paragraph (2) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.

7 Miscellaneous¶

Schedule 1, which contains miscellaneous amendments, has effect.

PART 3 Amendments to certain legislation relating to Wales¶

8 Application¶

1 The amendments made by this Part apply to provisions contained in an instrument made under an Act of Parliament by the Assembly constituted by the Government of Wales Act 1998 or by the Welsh Ministers (whether alone or with any other person), other than an instrument that is made in the English language only.

2 The amendments made by this Part do not apply to—

a the title of a statutory instrument,

b a reference to the title of an Act or statutory instrument,

c a reference to the title of an item of European Community legislation, or

d a reference to a term defined in an item of European Community legislation.

9 European Community – European Union¶

1 For references to the European Communities or to the European Community (including references to “the Communities”, “the Community”, “the EC” or “the EEC”) substitute references to the European Union.

2 For references to Cymunedau Ewropeaidd (European Communities) or to Cymuned Ewropeaidd (European Community) (including references expressed by the word “Cymuned” (Community) or “Cymunedau” (Communities), and any abbreviated, grammatically mutated or other forms of any of those references) substitute references to Undeb Ewropeaidd (European Union) and make any consequential grammatical amendments that are necessary.

3 Paragraph (1) does not apply to—

a the use of “Community”, “EC” or “EEC” as an adjective (but see article 10);

b a reference that forms part of a reference to a treaty.

4 Paragraph (2) does not apply to—

a the use of “Cymuned” or “Cymunedol” (Community), or any abbreviated form of Cymunedau Ewropeaidd (European Communities) or Cymuned Economaidd Ewropeaidd (European Economic Community) (or any grammatically mutated forms of any of those terms), as an adjective (but see article 10);

b a reference that forms part of a reference to a treaty.

10 Terms defined by the European Communities Act 1972¶

a Community treaties,

b Community customs duty,

c Community institution,

d Community instrument,

e Community obligation, and

f enforceable Community right.

2 In the following terms (which correspond to the relevant English language terms which were defined by the European Communities Act 1972 as it had effect before the passing of the European Union (Amendment) Act 2008) (including any grammatically mutated or other forms of the following terms) for the words “Cymuned” and “Cymunedol” (Community) (including any grammatically mutated or other form of those words) substitute “ UE ” (EU) and make any consequential grammatical amendments that are necessary—

a cytuniadau'r Gymuned or cytuniadau Cymunedol (Community treaties),

b tollau'r Gymuned or tollau Cymunedol (Community customs duty),

c sefydliad Cymuned or sefydliad Cymunedol (Community institution),

d offeryn Cymuned, offeryn y Gymuned or offeryn Cymunedol (Community instrument),

e rhwymedigaeth Gymuned or rhwymedigaeth Gymunedol (Community obligation), and

f hawl Gymuned orfodadwy or hawl Gymunedol orfodadwy (enforceable Community right).

3 In the following terms, and in those terms preceded by the word “European”, for “the Community”, or as the case may be “European Community”, substitute “ EU ”-

a Community law;

b Community legislation;

c Community provision.

4 For “cyfraith y Gymuned” or “cyfraith Gymunedol” (Community law), and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “ cyfraith yr UE ” (EU law) and make any consequential grammatical amendments that are necessary.

5 For “deddfwriaeth y Gymuned” or “deddfwriaeth Gymunedol” (Community legislation) and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “ deddfwriaeth yr UE ” (EU legislation) and make any consequential grammatical amendments that are necessary.

6 For “darpariaeth Gymuned”, “darpariaeth y Gymuned” or “darpariaeth Gymunedol” (Community provision) and for those terms followed by the word “Ewropeaidd” (including any grammatically mutated or other forms of those terms) substitute “ darpariaeth UE ” (EU provision) and make any consequential grammatical amendments that are necessary.

7 Where the term mentioned in paragraph (1) or (3) is preceded by the word “a”, for “a” substitute “ an ”.

8 Paragraphs (1) to (7) do not apply where the term mentioned in paragraph (1), (2), (3), (4), (5) or (6) forms part of a reference to a treaty.

9 Paragraph (3) does not apply to the term “specified Community provision” where used in an enactment containing a definition of that term.

10 Paragraph (6) does not apply to the term “darpariaeth Gymunedol benodedig” (or any grammatically mutated or other form of that term) where used in an enactment containing a definition of that term.

11 Miscellaneous¶

Schedule 2, which contains miscellaneous amendments, has effect.

SCHEDULE 1 ¶

Miscellaneous Amendments

Article 7

PART 1 Acts of Parliament¶

1For section 58E(7) of the Customs and Excise Management Act 1979 ^M6, substitute—

2In Parts 1A and 1B of Schedule 1 to the Vehicle Excise and Registration Act 1994 ^M7, for “EC certificate of conformity”, in each place, substitute “ EU certificate of conformity ”.

PART 2 Statutory instruments¶

3For the definition of “Community goods” in regulation 2 of the Free Zone Regulations 1984 ^M8, substitute—

4In the following provisions of the Statistics of Trade (Customs and Excise) Regulations 1992 ^M9, for “intra-Community” substitute “ intra-EU ”

a regulations 3(2) and (3), and

b regulation 4(2).

1 The Export of Objects of Cultural Interest (Control) Order 2003 ^M10 is amended as follows.

2 In Article 1(2)—

a omit the definition of “Community Licence”, and

b after the definition of “exportation” insert—

3 In Article 3(1), for “A Community licence” substitute “ An EU licence ”.

4 In Articles 4(1) and 5(1)(a), for “a Community licence” substitute “ an EU licence ”.

5 In Article 8(2)(b), for “European Community” substitute “ EU ”.

6In regulation 6A(b)(i) of the General Food Regulations 2004 ^M11 for “Community level” substitute “ EU level ”.

^F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9In the Ceramic Articles in Contact with Food (England) Regulations 2006 ^M12, for “the Community”, in each place, substitute “ the EEA ”.

1 The Supply of Machinery (Safety) Regulations 2008 ^M13 are amended as follows.

2 In regulation 5 for “Community directives” substitute “ EU directives ”.

3 In regulation 14 for “a Community directive” substitute “ an EU directive ”.

4 In Part 1 of Schedule 2 for “Community directives”, in each place, substitute “ EU directives ”.

1 The Sea Fishing (Recovery Measures) Order 2008 ^M14 is amended as follows.

2 In article 3(1)—

a omit the definition of “Community fishing boat”, and

b after the definition of “equivalent provision” insert—

3 In articles 4 to 7 and 10, for “a Community fishing boat”, in each place, substitute “ an EU fishing boat ”.

12In regulation 16(1)(a)(ii) of the Swine Vesicular Disease Regulations 2009 ^M15, for “intra-Community trade” substitute “ intra-EU trade ”.

13In the Marketing of Fresh Horticultural Produce Regulations 2009 ^M16, for “Community marketing rules”, in each place (including the heading of regulation 4), substitute “ EU marketing rules ”.

1 The Provision of Services Regulations 2009 ^M17 are amended as follows.

2 In regulation 5(1)(b), for “Community rules” substitute “ EU rules ”.

3 In regulation 5(3)(a), for “Community acts” substitute “ EU acts ”.

4 In regulation 26(3)(a), for “Community harmonisation” substitute “ EU harmonisation ”.

PART 3 Scottish statutory instruments¶

15In regulation 4(4) of, and Schedule 4 to, the Public Contracts (Scotland) Regulations 2006 ^M18, for “European Treaties” substitute “ EU Treaties ”.

16In regulation 4(4) of, and Schedule 4 to, the Utilities Contracts (Scotland) Regulations 2006 ^M19, for “European Treaties” substitute “ EU Treaties ”.

17In the Ceramic Articles in Contact with Food (Scotland) Regulations 2006 ^M20 for “the Community”, in each place, substitute “ the EEA ”.

18In the Marketing of Fresh Horticultural Produce (Scotland) Regulations 2009 ^M21, for “Community marketing rules”, in each place (including the heading of regulation 15), substitute “ EU marketing rules ”.

SCHEDULE 2 ¶

Wales: Miscellaneous Amendments

Article 11

1 The English language text of the Ceramic Articles in Contact with Food (Wales) Regulations 2006 ^M22 is amended as follows.

2 In regulation 2—

a for “ “the Community” (“y Gymuned”)” substitute “ the EEA (“yr AEE”) ”, and

b for “free circulation in the Community” substitute “ free circulation in the EEA ”.

3 In regulations 4(2), 4(3), 6(3) and paragraph 1(2) of Schedule 3, for “the Community” substitute “ the EEA ”.

4 The Welsh language text of those regulations (Rheoliadau Eitemau Ceramig mewn Cyffyrddiad â Bwyd (Cymru) 2006) is amended as follows.

5 In regulation 2—

a for “ “y Gymuned (“the Community”)” substitute “ “ yr AEE (“the EEA”) ”, and

b for “i gylchrediad rhydd yn y Gymuned” substitute “ i gylchrediad rhydd yn yr AEE ”.

6 In regulations 4(2) and 6(3), for “y Gymuned” substitute “ yr AEE ”.

7 In regulation 4(3) and paragraph 1(2) of Schedule 3, for “i'r Gymuned” substitute “i'r AEE”.

1 The English language text of the School Milk (Wales) Regulations 2008 ^M23 is amended as follows.

2 In regulation 2, for “ “the Community rules” (“y rheolau Cymunedol”)” substitute “ “the EU rules” (“rheolau'r UE”)”.

3 In regulation 4(2)(b), for “Community rules” substitute “ EU rules ”.

4 The Welsh language text of those regulations (Rheoliadau Llaeth Ysgol (Cymru) 2008) is amended as follows.

5 In regulation 2, for “ “y rheolau Cymunedol” (“the Community rules”)” substitute “ ;“rheolau'r UE (“the EU rules)” ”.

6 In regulation 4(2)(b), for “â'r rheolau Cymunedol” substitute “ â rheolau'r UE” ”.

1 In the English language text of regulation 16(1)(a)(ii) of the Swine Vesicular Disease (Wales) Regulations 2009 ^M24, for “intra-Community trade” substitute “ intra-EU trade ”.

2 In regulation 16(1)(a)(ii) of the Welsh language text of those regulations (Rheoliadau Clefyd Pothellog y Moch (Cymru) 2009), for “masnach ryng-Gymunedol” substitute “ masnach ryng-UE ”.

1 The English language text of the Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009 ^M25 is amended as follows.

2 In regulation 2, for “ “EC national” (“gwladolyn o'r GE”)” substitute “ “EU national” (“gwladolyn o'r UE”)”.

3 In the following provisions for “EC” substitute “ EU”—”

a regulation 15(d),

b regulation 69(4)(d),

c regulation 85(23)(d),

d paragraphs (c) and (d) of the definition of “family member” in paragraph 1(1) of Schedule 1,

e paragraph 9(1)(a) and (3) of Schedule 1 (and in the heading to paragraph 9),

f paragraph 10(1)(a) and (2) of that Schedule, and

g paragraph 6(c) of Schedule 4.

4 The Welsh language text of those regulations (Rheoliadau Grantiau a Benthyciadau Dysgu y Cynulliad (Addysg Uwch) (Cymru) 2009) is amended as follows.

5 In regulation 2, for ““gwladolyn o'r GE” (“EC national”)” substitute “ gwladolyn o'r UE” (“EU national)” ”.

6 In the following provisions for “GE” substitute “ UE ”

a regulation 15(ch),

b regulation 69(4)(ch),

c regulation 85(23)(ch),

d paragraphs (c) and (ch) of the definition of “aelod o deulu (“family member”)” in paragraph 1(1) of Schedule 1,

e paragraph 9(1)(a) and (3) of Schedule 1 (and in the heading to paragraph 9),

f paragraph 10(1)(a) and (2) of that Schedule, and

g paragraph 6(c) of Schedule 4.

Explanatory Note¶

(This note is not part of the Order)

This Order amends legislation to reflect changes in terminology and numbering arising out of the Treaty of Lisbon, and makes some incidental changes. It thus enables the UK to give effect to EU obligations.

This Order amends (i) Acts of Parliament, (ii) Acts of the Scottish Parliament, and (iii) instruments made under an Act of Parliament or an Act of the Scottish Parliament (or both).

Articles 3 to 7 and Schedule 1 amend (i) Acts of Parliament, (ii) Acts of the Scottish Parliament, (iii) instruments made under an Act of Parliament or an Act of the Scottish Parliament (or both). Articles 8 to 11 and Schedule 2 amend statutory instruments made by the National Assembly of Wales or the Welsh Ministers (either alone or with another person), but not where that instrument is made in the English language only. In the latter case, special provision has been made for amendments in the Welsh language version of such instruments, which has sometimes required a different approach in the Welsh language and grammar.

Parts 2 and 3 of the Order are subject to the exceptions listed in articles 3(2) and (3)) and 8(2) and (3). Part 2 does not affect the European Communities Act 1972 or the Interpretation Act 1978 (which have both already been amended by the European Union (Amendment) Act 2008), or Northern Ireland legislation. Parts 2 and 3 do not affect titles, or reference to titles, of UK or EU legislation, or terms defined in EU legislation

This Order does not affect references, in their application to things done before 1 December 2009 (the date on which the Treaty of Lisbon entered into force).

Articles 4 and 9 of the Order replace references to (i) the European Communities, (ii) the European Community, (iii) the European Coal and Steel Community (article 4 only), (iv) the Communities, (v) the Community, (vi) the EC, and (vii) the EEC, with references to the European Union. However, it does not generally make such changes where the terms (i) Community, (ii) EC, and (iii) EEC, are used as an adjective (such use is amended on a case by case basis as specified in Schedules 1 and 2 to the Order). Certain terms are amended by articles 6 and 10 of the Order to replace “EU” with “Community” when “Community” is used as an adjective in the terms “Community treaties”, “Community customs duty”, “Community institution”, “Community instrument”, “Community obligation”, “enforceable Community right”, “Community law”, “Community legislation” and “Community provision”. However, the Order does not amend the term “specified Community provision” where the relevant piece of legislation contains a definition of that term.

Following the entry into force of the Lisbon Treaty, the Euratom Community remains a separate legal entity from the EU. Therefore references to Euratom remain as such in legislation. Some references to “the Communities” appeared in a context where Euratom was necessarily included. Such references to “the Communities” have now become references to “the EU” by virtue of articles 4(1) and 9(1) and (2) of this Order. By virtue of s. 3(2) European Union (Amendment) Act 2008, these references include, as appropriate, as references to Euratom.

Article 5 of this Order provides that, in Acts of Parliament, Acts of the Scottish Parliament, and instruments made under such Acts, references to “Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties established the European Communities and certain related acts”, is replaced by “Article 217 of the Treaty on the Functioning of the European Union”. This relates to references to EU powers relating to the conclusion of association agreements with third countries and international organisations.

Schedules 1 and 2 make specific changes to particular legislation. Schedule 2 in particular deals with Welsh legislation which has required a somewhat different approach to be taken given the use of Welsh language and grammar.

Annex I to this explanatory note lists some examples of legislation that will be affected by this Order.

Annex II to the explanatory note gives some examples as to how this Order will operate on terms in legislation.

No impact assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.

Annex I – Table of Examples of Legislation that will be affected by this Order

Acts of Parliament

Local Government Act 1972

Customs and Excise Management Act 1979

Films Act 1985

Gas Act 1986

Company Directors' Disqualification Act 1986

Electricity Act 1989

Food Safety Act 1990

Water Industry Act 1991

Railways Act 1993

Scotland Act 1998

Northern Ireland Act 1998

Competition Act 1998

Food Standards Act 1999

Financial Services and Markets Act 2000

Transport Act 2000

Enterprise Act 2002

Export Control Act 2002

Pensions Act 2004

Companies Act 2006

Government of Wales Act 2006

Climate Change Act 2008

Borders, Citizenship and Immigration Act 2009

Acts of the Scottish Parliament

Water Environment and Water Services (Scotland) Act 2003 (asp 3)

Climate Change (Scotland) Act 2009 (asp 12)

Statutory instruments

Import Duties (End-Use Goods) Regulations 1977, SI 1977/2042

State Awards (State Bursaries for Adult Education) (Wales) Regulations 1979. SI 1979/333

Customs Duty (Community Reliefs) Order 1984, SI 1984/719

Free Zone Regulations 1984, SI 1984/1177

Inward Processing Relief Arrangements (Customs Duties and Agricultural Levies) Regulations 1986, SI 1986/2148

Family Credit (General) Regulations 1987, SI 1987/1973

Agricultural Levies (Export Control) Regulations 1988, SI 1988/2135

European Economic Interest Grouping Regulations 1989, SI 1989/638

Disability Working Allowance (General) Regulations 1991, SI 1991/2887

Value Added Tax (Imported Gold) Relief Order 1992, SI 1992/3124

Merchant Shipping (Registration of Ships) Regulations 1993, SI 1993/3138

Conservation (Natural Habitats, etc) Regulations 1994, SI 1994/2716

Social Security (Incapacity Benefit) Regulations 1994, SI 1994/2946

Habitat (Broadleaved Woodland) (Wales) Regulations 1994, SI 1994/3099

Habitat (Water Fringe) (Wales) Regulations 1994, SI 1994/3100

Habitat (Coastal Belt) (Wales) Regulations 1994, SI 1994/3101

Habitat (Species-Rich Grassland) (Wales) Regulations 1994, SI 1994/3102

Moorland (Livestock Extensification) (Wales) Regulations 1995, SI 1995/1159

Food Labelling Regulations 1996, SI 1996/1499

Moorland (Livestock Extensification) (Wales) (Amendment No 2) Regulations 1996, SI 1996/3076

Lifts Regulations 1997, SI 1997/831

Fishing Vessels Decommissioning Scheme 1997, SI 1997/1924

Bread and Flour Regulations 1998 SI, 1998/141

Social Security and Child Support (Decision and Appeals) Regulations 1999, SI 1999/991

Fish Producers' Organisations (Formation Grants) Regulations 1999, SI 1999/1110

Pressure Equipment Regulations 1999, SI 1999/2001

Paying Agency (National Assembly for Wales) Regulations 1999, SI 1999/2223

Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999, SI 1999/2228

Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000, SI 2000/656

Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, SI 2000/636

Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) (Wales) Order 2000, SI 2000/976 (W.46)

Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000, SI 2000/1075 (W.69)

Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Wales) Order 2000, SI 2000/1096 (W.74)

Sea Fishing (Enforcement of Community Conservation Measures) (Wales) Order 2000, SI 2000/2230 (W.148)

Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000, SI 2000/3120

Feeding Stuffs (Wales) Regulations 2001, SI 2001/343 (W.15)

Products of Animal Origin (Import and Export) (Amendment) (Wales) Regulations 2001, SI 2001/1660 (W.119)

Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001, SI 2001/1701

Common Agricultural Policy (Wine) (Wales) Regulations 2001, SI 2001/2193 (W.155)

Fisheries and Aquaculture Structure (Grants) (Wales) Regulations 2002, SI 2002/675 (W.72)

Electronic Commerce Directive (Financial Services and Markets) Regulations 2002, SI 2002/1775

State Pension Credit Regulations 2002, SI 2002/1792

Kava-kava in Food (England) Regulations 2002, SI 2002/3169

Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002, SI 2002/3188 (W.304)

Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003, SI 2003/164

Tax Credits (Immigration) Regulations 2003, SI 2003/653

Food Supplements (Wales) Regulations 2003, SI 2003/1719 (W.186)

Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003, SI 2003/1370

Competition Appeal Tribunal Rules 2003, SI 2003/1372

Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2003, SI 2003/1776 (W.192)

Meat Products (England) Regulations 2003, SI 2003/2075

Fishing Vessels Decommissioning Scheme 2003, SI 2003/2669

Export of Objects of Cultural Interest (Control) Order 2003, SI 2003/2759

Jam and Similar Products (England) Regulations 2003, SI 2003/3120

Water Environment (Water Framework Directive) (England and Wales) Regulations 2003, SI 2003/3242

Jam and Similar Products (Wales) Regulations 2004, SI 2004/553 (W.56)

National Health Service (Performers Lists) (Wales) Regulations 2004, SI 2004/1020 (W.117)

National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Wales) Regulations 2004, SI 2004/1022 (W.119)

Competition Act 1998 (Concurrency) Regulations 2004, SI 2004/1077

Competition Act 1998 and Other Enactments (Amendment) Regulations 2004, SI 2004/1261

Meat Products (Wales) Regulations 2004, SI 2004/1396 (W.141)

Farm Waste Grant (Nitrate Vulnerable Zones) (Wales) Scheme 2004, SI 2004/1606 (W.165)

Environmental Assessment of Plans and Programmes (Wales) Regulations 2004, SI 2004/1656 (W.170)

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, SI 2004/1861

Financial Services (Distance Marketing) Regulations 2004, SI 2004/2095

Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2004, SI 2004/2599 (W.232)

Competition Act 1998 (Office of Fair Trading's Rules) Order 2004, SI 2004/2751

Oil and Fibre Plant Seed (Wales) Regulations 2004, SI 2004/2881 (W.251)

Food Labelling (Amendment) (No 2) (Wales) Regulations 2004, SI 2004/3022 (W.261)

Water Mergers (Determination of Turnover) Regulations 2004, SI 2004/3206

Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004, SI 2004/3280 (W.284)

General Teaching Council for Wales (Additional Functions) Order 2005, SI 2005/36 (W.3)

Water Industry (Determination of Turnover for Penalties) Order 2005, SI 2005/477

Dairy Produce Quotas (Wales) Regulations 2005, SI 2005/537 (W.47)

Cereal Seed (Wales) Regulations 2005, SI 2005/3036 (W.224)

Beet Seed (Wales) Regulations 2005, SI 2005/3037 (W.225)

Railways Infrastructure (Access and Management) Regulations 2005, SI 2005/3049

Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2005, SI 2005/3367 (W.264)

Public Contracts Regulations 2006, SI 2006/5

Utilities Contracts Regulations 2006, SI 2006/6

Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006, SI 2006/180 (W.31)

Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006, SI 2006/206

Housing Benefit Regulations 2006, SI 2006/213

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, SI 2006/214

Council Tax Benefit Regulations 2006, SI 2006/215

Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, SI 2006/216

Education (Student Loans) (Amendment) (England and Wales) Regulations 2006, SI 2006/929

National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006, SI 2006/945 (W.94)

Immigration (European Economic Area) Regulations 2006, SI 2006/1003

Social Security (Persons from Abroad) (Amendment) Regulations 2006, SI 2006/1026

Animal By-Products (Wales) Regulations 2006, SI 2006/1293 (W.127)

Plant Health (Phytophthora ramorum) (Wales) Order 2006, SI 2006/1344 (W.134)

Animals and Animal Products (Import and Export) (Wales) Regulations 2006, SI 2006/1536 (W.153)

Plant Health (Wales) Order 2006, SI 2006/1643 (W.158)

Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2006, SI 2006/1716 (W.178)

Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Wales) Order 2006, SI 2006/2798 (W.237)

Avian Influenza (Preventive Measures) (Wales) Regulations 2006, SI 2006/2803 (W.242)

Seed Potatoes (Wales) Regulations 2006, SI 2006/2929 (W.264)

Avian Influenza (Vaccination) (Wales) (No 2) Regulations 2006, SI 2006/2932 (W.265)

Local Elections (Principal Areas) (England and Wales) Rules 2006, SI 2006/3304

Local Elections (Parishes and Communities) (England and Wales) Rules 2006, SI 2006/3305

Rural Development Programmes (Wales) Regulations 2006, SI 2006/3343 (W.304)

Official Controls (Animals, Feed and Food) (Wales) Regulations 2007, SI 2007/196 (W.15)

Food Hygiene (Wales) (Amendment) Regulations 2007, SI 2007/373 (W.33)

Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007, SI 2007/376 (W.36)

Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (Wales) (Amendment) Regulations 2007, SI 2007/970 (W.37)

Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007, SI 2007/1024

Corporation Tax (Taxation of Films) (Transitional Provisions) Regulations 2007, SI 2007/1050

Bovine Products (Restriction on Placing on the Market) (Wales) (No 2) (Amendment) Regulations 2007, SI 2007/1835 (W.159)

Offshore Marine Conservation (Natural Habitats, & c.) Regulations 2007, SI 2007/1842

Mobile Roaming (European Communities) Regulations 2007, SI 2007/1933

Transmissible Spongiform Encephalopathies (Wales) (Amendment) (No 2) Regulations 2007, SI 2007/2244 (W.176)

Education (Fees and Awards) (Wales) Regulations 2007, SI 2007/2310 (W.181)

Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) Regulations 2007, SI 2007/2312 (W.182)

Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, SI 2007/2785

Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2007, SI 2007/2333 (W.191)

Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007, SI 2007/2610 (W.221)

Plant Health (Phytophthora ramorum) (Wales) (Amendment) Order 2007, SI 2007/2715 (W.228)

Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) (No 2) Regulations 2007, SI 2007/2851 (W.248)

Rural Development Programmes and Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2007, SI 2007/2900 (W.251)

Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2007, SI 2007/3279 (W.288)

Plant Health (Wales) (Amendment) (No 2) Order 2007, SI 2007/3305 (W.292)

Fishery Products (Official Controls Charges) (Wales) Regulations 2007, SI 2007/3462 (W.307)

Civil Aviation (Allocation of Scarce Capacity) Regulations 2007, SI 2007/3556

Infant Formula and Follow-on Formula (Wales) Regulations 2007, SI 2007/3573

Dairy Produce Quotas (Wales) (Amendment) Regulations 2008, SI 2008/685 (W.72)

Employment and Support Allowance Regulations 2008, SI 2008/794

Transmissible Spongiform Encephalopathies (Wales) (Amendment) Regulations 2008, SI 2008/1182 (W.119)

Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008, SI 2008/1287

Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008, SI 2008/1341 (W.141)

Supply of Machinery (Safety) Regulations 2008, SI 2008/1597

Shrimp Fishing Nets (Wales) Order 2008, SI 2008/1811 (W.175)

Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911

Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008, SI 2008/2072

School Milk (Wales) Regulations 2008, SI 2008/2141 (W.190)

Batteries and Accumulators (Placing on the Market) Regulations 2008, SI 2008/2164

Sea Fishing (Recovery Measures) Order 2008, SI 2008/2347

Bradford and Bingley Plc Transfer of Securities and Property etc Order 2008, SI 2008/2546

Heritable Bank Plc Transfer of Certain Rights and Liabilities Order 2008, SI 2008/2644

Zoonoses and Animal By-Products (Fees) (Wales) Regulations 2008, SI 2008/2716 (W.245)

Travellers' Allowances (Amendment) Order 2008, SI 2008/3058

Transmissible Spongiform Encephalopathies (Wales) Regulations 2008, SI 2008/3154 (W.282)

Export Control Order 2008, SI 2008/3231

Operation of Air Services in the Community Regulations 2009, SI 2009/41

Transfer of Tribunal Functions and Revenue and Customs Appeal Order 2009, SI 2009/56

Plastic Materials and Articles in Contact with Food (England) Regulations 2009, SI 2009/205

Companies (Disclosure of Address) Regulations 2009, SI 2009/214

Fluorinated Greenhouse Gases Regulations 2009, SI 2009/261

European Fisheries Fund (Grants) (Wales) Regulations 2009, SI 2009/360 (W.35)

Wine Regulations 2009, SI 2009/386

Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, SI 2009/390 (W.40)

Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, SI 2009/392 (W.41)

Plastic Materials and Articles in Contact with Food (Wales) Regulations 2009, SI 2009/481 (W.49)

Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009, SI 2009/669

Road Vehicles (Approval) Regulations 2009, SI 2009/717

Motor Vehicles (Approval) (Amendment) Regulations 2009, SI 2009/815

Waste Batteries and Accumulators Regulations 2009, SI 2009/890

Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (W.81)

Companies Act 2006 (Amendment of Schedule 2) (No. 2) Order 2009, SI 2009/1208

Swine Vesicular Disease Regulations 2009, SI 2009/1299

Marketing of Fresh Horticultural Produce Regulations 2009, SI 2009/1361

Swine Vesicular Disease (Wales) Regulations 2009, SI 2009/1372 (W.135)

Marketing of Fresh Horticultural Produce (Wales) Regulations 2009, SI 2009/1551 (W.151)

Meat (Official Controls Charges) (Wales) Regulations 2009, SI 2009/1557 (W.152)

Meat (Official Controls Charges) (England) Regulations 2009, SI 2009/1574

Food Irradiation (England) Regulations 2009, SI 2009/1584

Common Agricultural Policy Single Payment and Support Schemes (Horticulture) Regulations 2009, SI 2009/1771

Food Irradiation (Wales) Regulations 2009, SI 2009/1795 (W.162)

Overseas Company Regulations 2009, SI 2009/1801

National Minimum Wage Regulations 1999 (Amendment) Regulations 2009, SI 2009/1902

Heavy Goods Vehicles (Charging for Use of Certain Infrastructure of the Trans-European Road Network) Regulations 2009, SI 2009/1914

Port Security Regulations 2009, SI 2009/2048

Assembly Learning Grant (Further Education) Regulations 2009, SI 2009/2158 (W.182)

Eggs and Chicks (England) Regulations 2009, SI 2009/2163

Assembly Learning Grants and Loans (Higher Education) (Wales) Regulations 2009, SI 2009/2737 (W.235)

Merchant Shipping (Anti-Fouling Systems) Regulations 2009, SI 2009/2796

Provisions of Services Regulations 2009, SI 2009/2999

Air Navigation Order 2009, SI 2009/3015

Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009, SI 2009/3254 (W.283)

Official Feed and Food Controls (Wales) Regulations 2009, SI 2009/3376 (W.298)

Fish Labelling (England) Regulations 2010, SI 2010/420

Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675

Fish Labelling (Wales) Regulations 2010, SI 2010/797 (W.78)

Food Hygiene (Wales) (Amendment) Regulations 2010, SI 2010/893 (W.92)

Eggs and Chicks (Wales) Regulations 2010, SI 2010/1671 (W.158)

Scottish statutory instruments

Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Irish Sea Cod) (Scotland) Order 2000, SSI 2000/26

Agricultural Business Development Scheme (Scotland) Regulations 2000, SSI 2000/448

Fishing Vessels (Decommissioning) (Scotland) Scheme 2003, SSI 2003/87

Public Contracts (Scotland) Regulations 2006, SSI 2006/1

Utilities Contracts (Scotland) Regulations 2006, SSI 2006/2

Contaminants in Food (Scotland) Regulations 2006, SSI 2006/306

Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006, SSI 2006/311

Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007, SSI 2007/1

Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Scotland) Regulations 2007, SSI 2007/485

Fishery Products (Official Controls Charges) (Scotland) Regulations 2007, SSI 2007/537

Infant Formula and Follow-on Formula (Scotland) Regulations 2007, SSI 2007/549

Spreadable Fats, Milk and Milk Products (Scotland) Regulations 2008, SSI 2008/216

Eggs and Chicks (Scotland) (No. 2) Regulations 2008, SSI 2008/395

Plastic Materials and Articles in Contact with Food (Scotland) Regulations 2009, SSI 2009/30

Swine Vesicular Disease (Scotland) Order 2009, SSI 2009/173

Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009, SSI 2009/227

Waste Batteries (Scotland) Regulations 2009, SSI 2009/247

Meat (Official Controls Charges) (Scotland) Regulations 2009, SSI 2009/262

Common Agricultural Policy (Single Farm Payment and Support Schemes and Cross-Compliance) (Scotland) Amendment Regulations 2009, SSI 2009/391

Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009, SSI 2009/427

Official Feed and Food Controls (Scotland) Regulations 2009, SSI 2009/446

Food Hygiene (Scotland) Amendment Regulations 2010, SSI 2010/69

Fish Labelling (Scotland) Regulations 2010, SSI 2010/90

Dairy Produce Quotas (Scotland) Amendment Regulations 2011, SSI 2011/83

Annex II – Table of Examples as to how this Order will operate on terms in legislation

Article	Provision to be amended	Current words	New words
4	Marketing of Fresh Horticultural Produce Regulations 2009 ^M26, reg.4(8)	“any place outside the European Community”	“any place outside the European Union”
4	European Economic Interest Grouping Regulations 1989 ^M27, reg.10(1C)(c)(ii)	“official languages of the Economic Community”	“official languages of the European Union”
4	Export Control Order 2008 ^M28, art.2(1)	“ “the Community General Export Authorisation” has the same meaning as in Article 2(9) of the dual-use Regulation”	No change.
4	Conservation of Habitats and Species Regulations 2010 ^M29, reg.8(1)(b)	“a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive”	No change.
5	Employment and Support Allowance Regulations 2008 ^M30, reg.11(3)(b)	“an agreement under Article 310 of the Treaty of Amsterdam amending the Treaty on the European Union, the Treaties establishing the European Communities and certain related Acts providing...”	“an agreement under Article 217 of the Treaty on the Functioning of the European Union providing...”
6(1)	Overseas Companies Regulations 2009 ^M31, Sch.2 para.11(1)	“Community Treaties or any Community instrument”	“EU Treaties or any EU instrument”
6(1) & (3)	Provision of Services Regulations 2009 ^M32, reg.24(2)(b)(i)	“a Community obligation”	“an EU obligation”
6(2)	Provision of Services Regulations 2009 ^M33 reg.22(5)	“in accordance with Community law”	“in accordance with EU law”
Article	Provision to be amended	Current words	New words
6(4)	Food Hygiene (England) Regulations 2006 ^M34, reg.2(1)	“ “specified Community provision” means...”	No change.
9(1)	Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 ^M35, reg. 17(2)(b)	“inside or outside the European Community”	“inside or outside the European Union”
9(2)	Rheoliadau Organeddau a Addaswyd yn Enetig (Eu Gollwng yn Fwriadol) (Cymru) 2002 ^M36, reg. 17(2)(b)	“y tu mewn neu'r tu allan i'r Gymuned Ewropeaidd” (inside or outside the European Community)	“y tu mewn neu'r tu allan i'r Undeb Ewropeaidd” (inside or outside the European Union)
9(3)	Sea Fishing (Enforcement of Community Control Measures) (Wales) Order 2000 ^M37, reg. 2(1)	“Community control measure”	no change
9(4)	Gorchymyn Pysgota Môr (Gorfodi Mesurau Rheoli'r Gymuned) (Cymru) 2000 ^M38, reg. 2(1)	“mesurau rheoli'r Gymuned” (Community control measure)	no change
10(1)	Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 ^M39, reg. 35(2)(a)	“Community obligations”	“EU obligations”
10(2)	Rheoliadau Clwy'r Traed a'r Genau (Rheoli Brechu) (Cymru) 2006 ^M40:reg 35(2)(a)	“rhwymedigaethau Cymunedol” (Community obligations)	“rhwymedigaethau UE” (EU obligations)
10(3)	Environmental Assessment of Plans and Programmes (Wales) Regulations 2004 ^M41, reg. 7	“in relevant Community legislation”	“in relevant EU legislation”
10(5)	Rheoliadau Asesiadau Amgylcheddol o Gynlluniau a Rhaglenni (Cymru) 2004 ^M42, reg. 7	“yn neddfwriaeth berthnasol y Gymuned” (in relevant Community legislation)	“yn neddfwriaeth berthnasol yr UE” (in relevant EU legislation)

Footnotes

M1
See the European Communities (Designation) (No. 5) Order 2009.
M2
1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1) and by the European Union (Amendment) Act 2008 (c. 7), Schedule 1.
M3
2008 c.7.
M4
The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).
M5
1978 c.30
M6
1979 c.2.
M7
1994 c.22.
M8
S.I. 1984/1177.
M9
S.I. 1992/2790, amended by S.I. 2004/3284 and S.I. 2009/2974; there are other amending instruments but none is relevant.
M10
S.I. 2003/2759, amended by S.I. 2009/2164.
M11
S.I. 2004/3279, amended by S.I. 2005/2626; S.I. 2005/3254 and S.S.I 2005/616.
M12
S.I. 2006/1179, amended by S.I. 2007/2790.
M13
S.I. 2008/1597.
M14
S.I. 2008/2347.
M15
S.I. 2009/1299.
M16
S.I. 2009/1361.
M17
S.I. 2009/2999.
M18
S.S.I. 2006/1.
M19
S.S.I. 2006/2.
M20
S.S.I. 2006/230.
M21
S.S.I. 2009/225.
M22
S.I. 2006/1704 (W.166).
M23
S.I. 2008/2141 (W.190).
M24
S.I. 2009/1372 (W.142).
M25
S.I. 2009/2737(W.235).
M26
S.I. 2009/1361.
M27
S.I. 1989/638.
M28
S.I. 2008/3231.
M29
S.I. 2010/490.
M30
S.I. 2008/794.
M31
S.I. 2009/1801.
M32
S.I. 2009/2999.
M33
S.I. 2009/2999.
M34
S.I. 2006/14.
M35
S.I. 2002/3188 (W.304).
M36
S.I. 2002/3188 (W.304).
M37
S.I. 2000/1075 (W.69).
M38
S.I. 2000/1075 (W.69).
M39
S.I. 2006/180 (W.31).
M40
S.I. 2006/180 (W.31).
M41
S.I. 2004/1656 (W. 170).
M42
S.I. 2004/1656 (W.170).
F1
Sch. 1 para. 8 revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 5)
F2
Sch. 1 para. 7 revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 5)