IlIS DOCUMENT IS THE PROPERTY OF HER BRITANNIC MAJESTY'S GOVERNMENT
CP(72) 8
COPY NO
9Q
h)
0
18 January 1972
CABINET
EUROPEAN COMMUNITIES B I L L
Memorandum by the Chancellor of the Duchy of L a n c a s t e r
1.
The attached draft of the European C o m m u n i t i e s B i l l has b e e n
p r e p a r e d under the direction of the S o l i c i t o r - G e n e r a l in a c c o r d a n c e with
the p r i n c i p l e s approved by the Cabinet at t h e i r m e e t i n g on 23 N o v e m b e r
(CM(71) 58th C o n c l u s i o n s , Minute 4).
The B i l l s t e e r s a m i d d l e c o u r s e ­
b e t w e e n a v e r y short enabling m e a s u r e on the l i n e s advocated by
Sir John F o s t e r MP and a long B i l l embodying e v e r y d e t a i l e d p r o v i s i o n
which might be thought d e s i r a b l e .
The attached draft t a k e s account of
the points m a d e by the L e g i s l a t i o n C o m m i t t e e , who i n v i t e d m e to submit
it to the Cabinet for approval.
2.
The m a i n f e a t u r e s of the B i l l a r e :
a.
Clause 2(1) g i v e s the f o r c e of l a w to p r e s e n t and future
Community law which h a s d i r e c t internal e f f e c t "without further
enactment ', and Community l a w w i l l be s u p e r i o r to other l a w in
this country,
1
b.
Clause 2(2) p r o v i d e s a wide g e n e r a l p o w e r to i m p l e m e n t by
subordinate l e g i s l a t i o n d i r e c t i v e s and other Community p r o v i s i o n s
which do not have d i r e c t i n t e r n a l e f f e c t .
c.
P a r t II and S c h e d u l e s 3 and 4 make d e t a i l e d changes in our
l a w on account of e x i s t i n g Community p r o v i s i o n s .
The Annex d e s c r i b e s the s t r u c t u r e and contents of the B i l l m o r e fully.
3.
P r o v i s i o n s have b e e n e x c l u d e d f r o m the B i l l w h e r e a change in the
law i s not e s s e n t i a l .
F o r e x a m p l e , changes in c o a l and s t e e l l e g i s l a t i o n
have b e e n confined to a handful of r e p e a l s in P a r t IV of Schedule 3 .
It was
e a r l i e r e n v i s a g e d that the B i l l would have standard p r o v i s i o n s about offences
and p o w e r s of entry, but t h e s e turned out to be long and u n a t t r a c t i v e .
In
addition the f i e l d s in which they m i g h t i m m e d i a t e l y be n e c e s s a r y have been
l e s s o b t r u s i v e l y c o v e r e d by e x t e n s i o n of e x i s t i n g p o w e r s by m e a n s of
Schedule 4 .
They have a c c o r d i n g l y b e e n o m i t t e d .
On o t h e r m a t t e r s ,
1
notably road t r a n s p o r t , c o m p r e h e n s i v e l e g i s l a t i o n h a s b e e n left until l a t e r ,
a s the i m m e d i a t e i m p a c t of the Community s y s t e m i s s l i g h t .
Some subjects
have b e e n left to subordinate l e g i s l a t i o n under c l a u s e 2(2). A p r o v i s i o n
h a s b e e n included only where it i s n e e d e d on a c c e s s i o n o r s h o r t l y a f t e r w a r d s ,
and i s important or s e n s i t i v e or c a l l s for amendment of an e x i s t i n g A c t .
4.
The B i l l m i g h t be s l i m m e d s t i l l further by dropping p r o v i s i o n s
included m a i n l y b e c a u s e e x i s t i n g statutory p r o v i s i o n s have to be amended-,
and by l e a v i n g t h e s e to be dealt with by subordinate l e g i s l a t i o n under the
g e n e r a l p o w e r in c l a u s e 2(2),
T h i s p o w e r will probably be u s e d in future
to m a k e n o n - c o n t r o v e r s i a l a m e n d m e n t s to statutes, if only to avoid a l a r g e
n u m b e r of Community B i l l s e a c h y e a r .
Clause 2(4) h a s b e e n included to
p e r m i t the p o w e r to be u s e d for t h i s p u r p o s e ,
If this approach w e r e
adopted on the p r e s e n t e x e r c i s e , we might perhaps drop such p r o v i s i o n s as
c l a u s e 8 ( f i l m s ) , c l a u s e 10 ( r e s t r i c t i v e trade p r a c t i c e s ) and headings B - I
of Schedule 4 (food, horticultural grading, s e e d s , a n i m a l and plant health,
and m o s t of the road t r a n s p o r t p r o v i s i o n s ) ,
5.
But I c o n s i d e r that this c o u r s e would be u n w i s e , for t h r e e m a i n
reasons:
a.
The attached B i l l d e a l s with all m a t t e r s which have to be
dealt with n o w and would n o r m a l l y require l e g i s l a t i o n to amend
existing Acts.
If the B i l l departed f r o m t h i s p r i n c i p l e , a p r o v i s i o n
would be included or excluded by r e f e r e n c e only to i t s i m p o r t a n c e and
sensitivity.
D i s t i n c t i o n s b a s e d on subjective t e s t s of t h i s kind a r e
not e a s y to defend.
A s the o m i s s i o n s c a m e to light, s u s p i c i o n would
i n c r e a s e that the B i l l w a s artificially s m a l l and that something w a s
b e i n g c o n c e a l e d on the o m i t t e d topics^
b.
We a l r e a d y have m a j o r constitutional innovations in
s u b s e c t i o n s (1) and (2) of c l a u s e 2 (paragraph 2 a. and b . a b o v e ) .
The o r d i n a r i n e s s of the r e s t of the B i l l d e m o n s t r a t e s that we have
adopted a n o r m a l l e g i s l a t i v e approach w h e r e p o s s i b l e .
c.
The o m i s s i o n of whole t o p i c s f r o m the B i l l would not avoid
n e w c l a u s e s and other a m e n d m e n t s being put down to deal with t h e m ,
and the m a s s of e x i s t i n g Community s e c o n d a r y l e g i s l a t i o n would be a
r e a d y s o u r c e of m i s c e l l a n e o u s a m e n d m e n t s .
Dealing with t h e s e ,
without any indication in the B i l l of how, the Community r e q u i r e m e n t s
would be i m p l e m e n t e d , m i g h t take n e a r l y a s long a s dealing with
a m e n d m e n t s s t i m u l a t e d by the p r e s e n t B i l l .
Although our obligations
under the T r e a t y will l i m i t the extent to which a m e n d m e n t s to the
p r o v i s i o n s of the B i l l could be a c c e p t e d .
Such a l i m i t a t i o n i s a feature
of a l l l e g i s l a t i o n giving effect to T r e a t i e s , and in fact t h e r e i s often
r o o m for l e g i t i m a t e debate about how the obligation should be
implemented.
6.
I invite the Cabinet to approve the attached draft B i l l for introduction
in the House of C o m m o n s ,
G R
Cabinet Office
17 January 1972
3
ANNEX
STRUCTURE AND CONTENTS OP THE EUROPEAN COMMUNITIES B I L L
PART I :
GENERAL PROVISIONS
1.
Part
I includes
2*
Clause
definition
1 defines
includes
are ancillary
be l i s t e d
the basic
constitutional
the Treaties
about 150 e x i s t i n g
to the principal
1
"the p u r p o s e o f
treaties
Treaties.
the Bill.
and o t h e r
The t i t l e s
agreements
will
of t h e s e t r e a t i e s
come w i t h i n t h e d e f i n i t i o n ,
c a s e s w h e r e t h e U n i t e d Kingdom i s
have been
a party -
after
but
affirmative
C l a u s e 2(1)
gives
the force
of law i n t h i s
and Community i n s t r u m e n t s
to have d i r e c t
internal
effect
about the
common a g r i c u l t u r a l
country.
The E u r o p e a n C o u r t
pretation
of t h i s law,
(present
and f u t u r e )
i n Member S t a t e s .
policy)
and f u t u r e
C l a u s e 2(2)
C l a u s e 3(1)
contains
a general
t h e purpose of
cising a right
under the Treaties;
have the l a s t
makes i t
clear that
so f a r
will be subject
the
also future
subject
as p o s s i b l e ,
2,
of
provisions
and which i t
would b e
of Clause 2 w i l l
also
comply w i t h any f u t u r e
serve
that
legislation
such
or
on
exer­
subordinate
Parliament
identified
cover existing
Community
which a r e l i k e l y
to increase in
number
will
As
inevitably
t o make e a c h t i m e b y B i l l ,
as an i n d i c a t i o n
obligations under the
1
of
to
w h i c h Community r e q u i r e m e n t s
impracticable
inter­
rule.
t h e power w i l l b e a b l e t o b e u s e d t o make t h e
in statutory
this
the principle
to this
to Schedule
in
has
and range over a r e a s which cannot b e foreseen w i t h any p r e c i s i o n .
C l a u s e 2(4)
sub­
w o r d on t h e
i m p l e m e n t i n g a Community o b l i g a t i o n
needs,
intended
instruments
2(2) w i l l e n a b l e u s t o m e e t n o t o n l y t h e
Clause
Treaty
of t h i s
p o w e r t o make s u b o r d i n a t e
a wide range of s u b o r d i n a t e l e g i s l a t i o n
obligations but
the
Community l a w
may d o a n y t h i n g w h i c h m i g h t b e d o n e b y A c t
2(4)).
of
Reading.
in
a u t o m a t i c a l l y have e f f e c t
establishes,
Acts of P a r l i a m e n t
any m a t t e r for
legislation
will
of J u s t i c e w i l l
a p p l y a n d C l a u s e 2(4)
supremacy w i l l
result
f
resolutions
which a r e
By v i r t u e
and t h e Court has h e l d t h a t
s u p r e m a c y o v e r o t h e r lax^.
need for
Accession
only -
country to all
s e c t i o n a w i d e r a n g e o f Community l a w ( i n c l u d i n g n e a r l y a l l
(Clause
will
obtained.
provisions
4.
which
i s b e i n g made t o p u b l i s h E n g l i s h t e x t s b e f o r e S e c o n d
Future ancillary treaties
present
The
i n an Appendix t o t h e volume c o n t a i n i n g t h e T r e a t y of
and every e f f o r t
3.
for
provisions.
The
t o t h e Communities t h a t
Treaties,
a
amendments
call
for
provisions
we
can
5.
Schedule 2 p r o h i b i t s
taxation,
offence
to legislate
resolution
will
either be l a i d
o r b e made s u b j e c t
wide r a n g e of m a t t e r s
is
difficult
affirmative
C l a u s e 2(3)
(CP(72) 5)
provides
for
eventually
proprcs"
a proportion
contributions"
categories
payments
the National
i n t h e foim of
o f VAT r e c e i p t s ,
t o b e met o u t of V o t e s
with the
Community i n s t r u m e n t s
PART I I s
8"
obligationso
Nearly all
of which p r o v i s i o n s
legislation.
covering
The c r i t e r i a
c h a r g e on t h e
aspect.
States
Consolidated
t h e s e payments
include
and l e v y r e c e i p t s ,
and
a s t h e "Member S t a t e
t o t h e funds
of
the
Bank.
incurred under the Treaties
or
way.
and proof
proceedings
the
of t h e T r e a t i e s
in the United
and
Kingdom.
afterwards
but
t o implement
existing
c o u l d b e made b y
instead Part
II
Community
subordinate
represents
ought t o be put b e f o r e
employed a r e d i s c u s s e d
legislation
the
Parliament
in
Governmenfs
substantive
i n p a r a g r a p h s 4 and 5 of
the
memorandum.
An i m p o r t a n t
C l a u s e 2(2)
provision
as t h e B i l l
u s e C l a u s e 2(2)
in Part
stands
Community c u s t o m s d u t y .
I I w h i c h c o u l d n o t b e made
in i t s e l f
Part
to
I
under
the provision i n Clause 5 for the
seems t h a t
t o make a n y p r o v i s i o n
therefore,
sufficient
is
As i t
Schedule 2 expressly prohibits
respect,
2(2)
Procedure
and t h e European Investment
in the usual
the provisions
l e g i s l a t i o n u n d e r C l a u s e 2(2),
of
of t h i s
P a r t ^ 1 1 ^ w i t h S c h e d u l e s 3 a n d 4, c o n t a i n s t h e d e t a i l e d
judgment
the
AMENDMENT OF LAW
n e e d e d on a c c e s s i o n o r s h o r t l y
9.
examination
as well
expenditure
treatment
in legal
I n view of
the negative or
and c o n t r i b u t i o n s
for
other
either
customs d u t i e s
The s u b s e c t i o n
Clause 3 deals
affirmative
with under Clause
Loans Fund);
Community (ECSC)
7.
for
under
t o t h e C o m m u n i t i e s a n d Member
European Coal and S t e e l
the Bill
an
an
Committee on P a r l i a m e n t a r y
about f u r t h e r
t o t h e Community b u d g e t
provides
and r e q u i r e
t o b e met b y a d i r e c t
Fund ( o r where a p p r o p r i a t e
An i n s t r u m e n t
or could be dealt
The M i n i s t e r i a l
under Treaty obligations
the "ressources
imprisonment.
increase
or to create
to the negative procedure.
which w i l l
procedure.
t o impose or
to subdelegate
in draft
t o l a y down c l e a r
h a v e made p r o p o s a l s
6.
retrospectively,
c a r r y i n g more t h a n two y e a r s
C l a u s e 2(2)
it
o f C l a u s e 2(2)
the use
it
would never be a p p r o p r i a t e
imposing or i n c r e a s i n g
i t s use for
this purpose.
taxation,
In this
important
could not be regarded as a self-contained
enable
our Treaty obligations
2
charging
to be
Bill
implemented.
to
c o n
£LS&iULA
tains
general
about Northern Ireland^
Northern Ireland,
Part
I I which,
Westminster:
provisions
The g e n e r a l
and so w i l l
about
provisions
repeals
of the Bill
a l l those detailed
u n d e r t h e Government
eg customs d u t i e s .
C l a u s e 4(3)
Order i n Council,
gives
o f I r e l a n d A c t 1920,
For other provisions
power f o r t h i s
extend
are reserved
legislations
of the B i l l
( e g on
would n o r m a l l y b e
t o b e done b y a N o r t h e r n
Ireland
However,
in the last
resort
any r e a s o n t h e N o r t h e r n I r e l a n d Government were n o t t o t a k e t h e
action,
poxver i n C l a u s e 2(2)
the general
to
to
i f t h e N o r t h e r n I r e l a n d Government were n o t t o choose
p r o c e e d b y way o f s u b s t a n t i v e
for
will
and
amendments of t h e l a w i n
company l a w ) c o r r e s p o n d i n g N o r t h e r n I r e l a n d l e g i s l a t i o n
required.
and amendments,
to
if
necessary
t o make s u b o r d i n a t e l e g i s l a t i o n
a r e s e r v e power f o r W e s t m i n s t e r t o do a l l t h a t
is
i s necessary for Northern
Ireland,
11.
Clause
makes t h e p r o v i s i o n s
its
obligations
n e e d e d f o r t h e U n i t e d Kingdom t o
a s a member o f t h e c u s t o m s u n i o n
discharge
o n x^hich t h e C o m m u n i t i e s
are
founded.
Clause 6 will
It
s e t s up t h e Intervention Board f o r Agricultural
certain
in
of the intervention
and s u b j e c t
Si2SSS-J.
m
a
k
e
s
to their direction
n
w
arrangements
of B r i t i s h
Jik222££L2 b r i n g s
about l i m i t e d
of t h e p o l i c y .
The B o a r d w i l l
The g e n e r a l
companies.
who may b e i g n o r a n t
Clause
practices
for the financing
o f o t h e r Member S t a t e s
about t h e i r
10 e n s u r e s t h a t
operates
Agriculture
of t h e Sugar
Board.
t o count f o r t h e
are
required
films.
and applies t o b o t h l i m i t e d
effect
be
and c o n t r o l .
company l a w i n t o l i n e w i t h t h e Community
companies,
implemented.
Produce t o c a r r y o u t
o f t h e s c r e e n q u o t a s y s t e m , u n d e r xvhich e x h i b i t o r s
t o show a p e r c e n t a g e
16.
e
C l a u s e 8 alloxtfs t h e f i l m s
purposes
^5*
requirements
policy to be
c h a r g e o f a new Government D e p a r t m e n t b u t r e s p o n s i b l e t o t h e
Ministers
14o
e n a b l e t h e common a g r i c u l t u r a l
is to protect
persons
directive
and u n l i m i t e d
dealing with
companies
affairs.
our domestic
control
of r e s t r i c t i v e
trade
i n a way w h i c h i s c o m p a t i b l e w i t h t h e Community
3
system,
17o
Clause
false
evidence
makes i t
on o a t h b e f o r e
within
offences
cation
of t h e
obtained
18.
in
classified
C l a u s e 12 w i l l
Community
^9*
20*
as perjury
of J u s t i c e
and
o f a Member S t a t e
to
give
brings
communi­
which has
been
connection.
permit
statistical
to
information
about
a. C o m m u n i t y i n s t i t u t i o n
individual
in pursuance
of
a
obligation.
S c h e d u l e 4,
the
punishable
S e c r e t s Act t h e u n a u t h o r i s e d
information
t o be disclosed
customs d u t i e s ,
of
offence
the European Court
under the Official
a EURATOM
undertakings
a criminal
H e a d i n g A makes d e t a i l e d
import
duty r e l i e f s
amendments
and t h e
o f t h e la.w
a , d m i n i s t r a t i on a n d
about
collection
duties.
S c h e d u l e . , 4 , . , , , H e a d i n g B ^ I make d e t a i l e d
statutes
regulating the
labelling
of h o r t i c u l t u r a l
fertilisers
control
of
transport
composition
plant
pests
drivers
service vehicles.
and d i s e a s e s ,
I n many c a s e s
the
to the
Community r e q u i r e m e n t t h e e x i s t i n g
enforcement
legislation
the grading
and marketing
and e x p o r t
amends
of
and
seeds,
the
road
of
existing
and o t h e r p r o v i s i o n s
apparatus
of
of l i v e s t o c k ,
and t h e l i c e n s i n g
the Schedule
of
existing
age and working hours
journeys
powers
in the
of food,
the production
the import
on i n t e r n a t i o n a l
subordinate
and l a b e l l i n g
produce,
and f e e d i n g s t u f f s ,
amendments
public
statutory
and t h u s
attracts
of a d m i n i s t r a t i v e
and
machinery.
FINANCIAL AND MANPOWER EFFECTS
21.
The a r r a n g e m e n t s n e g o t i a t e d
t h e Budget were d e s c r i b e d
Communities"
(Cmnd
a.
the
i n "The U n i t e d Kingdom a n d t n e
and F i n a n c i a l
These
contribution
to
European
arrangements
Memorandum t o t h e B i l l ,
will be
which
set
repeats
amounts:
estimate that
Community b u d g e t ,
might
one U n i t e d Kingdom*s
4715)? p a r a g r a p h s 92-95.
out i n t h e E x p l a n a t o r y
the following
for
rise
the United Kingdoms
taking into
f r o m a b o u t £100
account
million
net
estimates
i n 1973
to
contribution
of p o s s i b l e
to
the
receipts,
a b o u t £200 m i l l i o n
in
19775
b.
a n e s t i m a t e d £55
over
a period
m i l l i o n payable t o t h e European Investment
o f 2-g- y e a r s
from
4
accession;
Bank
c.
o f £24
an investment
payable in t h r e e annual
d.
million
instalments
a maximum l e n d i n g o b l i g a t i o n
balance
of payments
that
the Bill
on o t h e r
expenditure
specific
amounts;
e.
it
f.
in
possible to quantify
and r e c e i p t s ,
o f a b o u t £1.5
the effect
but mentions the
million
of
following
annually for
financing
Board;
an estimated n e t
additional
accession;
o f £250 m i l l i o n t o Member S t a t e s
is not
an e s t i m a t e d l i a b i l i t y
the Sugar
from
o f t h e EGSC,
difficulties.
T h e Memorandum i n d i c a t e s
public
in t h e r e s e r v e funds
social
become p a y a b l e i n
cost
o f £2.2
security benefits
million
annually
and medical
on a c c o u n t
charges which
of
the
will
c o n n e c t i o n w i t h t h e movement o f p e r s o n s w i t h i n
the
Communityf
go
an e s t i m a t e d o n c e - f o r - a l l
customs d u t i e s
as a r e s u l t
o f £20
security;
h.
t o £4 m i l l i o n
a n e s t i m a t e d £3 m i l l i o n
22.
h.
give,
that
million revenue
of new p r o c e d u r e s
payment on t h e a c c e p t a n c e o f
administrative
for
from
deferring
annually in staff
and
costs.
a b o v e i s b a s e d on an e s t i m a t e ,
. w h i c h t h e Memorandum w i l l
over t h e whole C i v i l S e r v i c e t h e r e w i l l be an a d d i t i o n a l
ment of t h e o r d e r
1,000
i n 1973.
deferment
o f 500
staff
in the period before
spread over several years
5
thereafter.
entry,
plus
a
also
require­
further
CONFIDENTIAL. *
European Communities Bill A R R A N G E M E N T OF CLAUSES
PART
I
G E N E R A L PROVISIONS
Clause
1.
2.
3.
Short title a n d interpretation.
G e n e r a l implementation of Treaties.
Decisions on, a n d p r o o f of, Treaties a n d
instruments etc.
PART
Community
II
AMENDMENT OF L A W
4.
5.
6.
7.
8.
9.
10.
11.
12.
General provision for repeal and a m e n d m e n t .
C u s t o m s duties.
T h e c o m m o n agricultural policy.
Sugar.
C i n e m a t o g r a p h films.
Companies.
Restrictive t r a d e practices.
C o m m u n i t y offences.
F u r n i s h i n g of information to C o m m u n i t i e s a n d m e m b e r
States.
SCHEDULES:
Schedule
Schedule
Schedule
Schedule
68-4
1—Definitions relating t o C o m m u n i t i e s .
2—Provisions as t o s u b o r d i n a t e legislation.
3—Repeals.
4—Enactments amended.
A
European
Communities
DRAFT
OF
A
B I L L
TO
A
Make provision in connection with the enlargement of
the European Communities t o include the U n i t e d K i n g d o m , together with (for certain purposes) the Channel Islands, the Isle o f M a n and Gibraltar. D
­
1 9 7 2
B
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:­
E IT ENACTED
5
PART
I
GENERAL PROVISIONS
1.—(1) This Act may be cited as the European Cornmunities
Act 1972.
'
(2) In this Act and, except in so far as the context otherwise
10 requires, in any other Act (including any Act of the Parliament of
Northern Ireland)—
" the Communities" means the European Economic
Community, the European Coal and Steel Community
and the European Atomic Energy Community;
15
" the Treaties" or " the Community Treaties" means,
subject to subsection (3) below, the pre-accession
treaties, that is to say, those described in Part I of
Schedule 1 to this Act, taken with—
(a) the treaty relating to the accession of the
20
United Kingdom to the European Economic Com­
munity and to the European Atomic Energy
Community, signed at Brussels on the 22iid January
1 9 7 2 ; and
6 8 - 4
A 2
45/2
Short title and
interpretation.
European
Communities
(b) the decision, of the same d a t e , of the Council
of the E u r o p e a n C o m m u n i t i e s relating to the
accession of the U n i t e d K i n g d o m to the European
C o a l a n d Steel C o m m u n i t y ;
a n d a n y other treaty entered into by any of the Com- 5
munities, w i t h or without any of the m e m b e r States,
or entered i n t o , as a treaty ancillary t o a n y of the
Treaties, by t h e U n i t e d K i n g d o m ; a n d any expression
d e n n e d in Schedule 1 to this A c t has the meaning
t h e r e given t o it.
10
(3) If H e r Majesty b y O r d e r in Council declares t h a t a treaty
specified in the O r d e r is to be regarded as one of the Com­
m u n i t y Treaties as herein defined, the O r d e r shall b e conclusive
t h a t it is t o be so r e g a r d e d ; b u t a treaty entered into by the
U n i t e d K i n g d o m after t h e 2 2 n d J a n u a r y 1972, o t h e r than a 15
pre-accession treaty to w h i c h the United K i n g d o m accedes on
terms settled o n or before t h a t date, shall n o t be s o specified
o r r e g a r d e d unless the treaty or a draft of it (as it will apply
t o t h e U n i t e d K i n g d o m ) h a s been a p p r o v e d by resolution of
e a c h H o u s e of P a r l i a m e n t .
20
(4) F o r p u r p o s e s of subsections (2) a n d (3) above, " treaty "
includes a n y i n t e r n a t i o n a l agreement, and any protocol or annex
t o a treaty o r i n t e r n a t i o n a l agreement.
2.—(1)
All s u c h rights, p o w e r s , liabilities, obligations and
restrictions from time t o t i m e created or arising b y or under 25
the Treaties, a n d all such remedies a n d procedures from time
t o time p r o v i d e d for b y or u n d e r the Treaties, as in accordance
with the Treaties are w i t h o u t further e n a c t m e n t to b e given legal
effect o r used in the U n i t e d K i n g d o m shall b e recognised and
available in law, a n d b e enforced, allowed a n d followed accord- 30
i n g l y ; a n d t h e expression " enforceable C o m m u n i t y r i g h t " and
"similar expressions shall b e r e a d as referring to o n e to which
this subsection applies.
(2) Subject to Schedule 2 to this Act, a t any t i m e after its
passing H e r Majesty m a y b y O r d e r in Council, and any 35
designated Minister or d e p a r t m e n t m a y b y regulations, make
provision—
(a) for the p u r p o s e of implementing a n y C o m m u n i t y obliga­
tion t h e U n i t e d K i n g d o m , or enabling any such
obligation t o b e i m p l e m e n t e d , or of enabling any rights 40
enjoyed or t o b e enjoyed b y the U n i t e d K i n g d o m under
or b y virtue of t h e Treaties t o be exercised ; or
(b) for the p u r p o s e of dealing with m a t t e r s arising o u t of
or related to a n y such obligation or rights o r the
coming into force, or the operation from time t o time,
of subsection (1) a b o v e ;
PART I
5 a n d in the exercise of a n y statutory p o w e r or duty, including
a n y p o w e r to give directions or to legislate by m e a n s of o r d e r s ,
rules, regulations or other s u b o r d i n a t e instrument, the person
entrusted with the p o w e r o r d u t y m a y h a v e regard to the objects
of the C o m m u n i t i e s a n d to a n y such obligation or rights as
10 aforesaid.
In this subsection " designated Minister o r d e p a r t m e n t " m e a n s
such Minister of the C r o w n or government d e p a r t m e n t a s m a y
from time to time be designated b y O r d e r in C o u n c i l in relation
to any matter or for a n y p u r p o s e , b u t subject to such restrictions
15 or conditions (if any) as m a y b e specified b y the O r d e r in C o u n c i l .
(3) T h e r e shall b e charged o n and issued out of the Con­
solidated F u n d or, if so d e t e r m i n e d b y the T r e a s u r y , t h e N a t i o n a l L o a n s F u n d the a m o u n t s required to m e e t a n y C o m ­
munity obligation t o m a k e p a y m e n t s t o a n y of the C o m m u n i t i e s 20 or m e m b e r States, or any C o m m u n i t y obligation in respect of
contributions to the capital or reserves of the E u r o p e a n Invest­
m e n t B a n k or in respect of loans to t h e B a n k , or to r e d e e m
any notes o r obligations issued or created in respect of any
such C o m m u n i t y o b l i g a t i o n ; a n d , except as otherwise p r o v i d e d
25 by or u n d e r a n y e n a c t m e n t , —
(a) any other expenses incurred u n d e r or b y virtue of t h e
Treaties o r this A c t b y any Minister of the C r o w n or
government d e p a r t m e n t m a y b e paid out of m o n e y s
provided by P a r l i a m e n t ; a n d
30
35
(b) any sums received u n d e r or by virtue of the Treaties
or this A c t b y a n y Minister of the C r o w n or govern­
m e n t d e p a r t m e n t , save for s u c h s u m s as m a y b e
required for d i s b u r s e m e n t s p e r m i t t e d b y any other
enactment, shall b e p a i d into the Consolidated F u n d
or, if s o d e t e r m i n e d b y the T r e a s u r y , the N a t i o n a l
Loans Fund.
(4) T h e provision t h a t m a y b e m a d e u n d e r subsection (2) above includes, subject to Schedule 2 t o this A c t , a n y such provision (of a n y such extent) as might be m a d e by A c t of 40 Parliament, a n d a n y e n a c t m e n t passed or to b e passed, other
than one contained in this P a r t of this A c t , shall be construed
and have effect subject to the foregoing provisions of this
s e c t i o n ; but, except as m a y b e provided by a n y A c t passed
after this Act, Schedule 2 shall have effect in connection with
45 the powers conferred by this a n d the following sections of this
Act to m a k e Orders in Council a n d regulations.
PART I
(5) T h e limitations on t h e legislative p o w e r of the Parliament
of N o r t h e r n I r e l a n d which a r e i m p o s e d by section 4(1)(4) (treaty
matters) of the G o v e r n m e n t of I r e l a n d A c t 1920 shall n o t be
construed t o p r e v e n t t h a t P a r l i a m e n t , o n m a t t e r s otherwise
within their p o w e r s , from e n a c t i n g provisions for a n y of the 5
p u r p o s e s m e n t i o n e d in subsection (2) (a) a n d (b) a b o v e ; and
t h e references in t h a t subsection t o a Minister of t h e C r o w n or
g o v e r n m e n t d e p a r t m e n t a n d to a statutory p o w e r or d u t y shall
include a Minister o r d e p a r t m e n t of t h e G o v e r n m e n t of N o r t h e r n
I r e l a n d a n d a p o w e r or d u t y arising u n d e r or b y virtue of an 10
A c t of t h e P a r l i a m e n t of N o r t h e r n Ireland.
(6) A l a w passed by t h e legislature of a n y of t h e Channel
Islands or of the Isle of M a n , or a colonial l a w (within the
m e a n i n g of t h e C o l o n i a l L a w s Validity A c t 1865) passed or
m a d e for G i b r a l t a r , if expressed t o b e passed o r m a d e in the 15
i m p l e m e n t a t i o n of the Treaties a n d of the obligations of the
U n i t e d K i n g d o m t h e r e u n d e r , shall not b e void or inoperative
b y r e a s o n of a n y inconsistency with or r e p u g n a n c y to an Act
of P a r l i a m e n t , passed or to be passed, t h a t e x t e n d s t o the Island
o r G i b r a l t a r or any provision h a v i n g the force a n d effect of 20
a n A c t there (but not including this section), n o r by reason
of its h a v i n g s o m e operation outside the I s l a n d o r G i b r a l t a r ;
a n d any such A c t or provision t h a t extends t o t h e Island or
G i b r a l t a r shall b e construed a n d have effect subject to the
provisions of a n y such law.
25
Decisions on,
and proof of,
Treaties and
Community
instruments
etc.
3.—(1) F o r the purposes of all legal p r o c e e d i n g s any ques­
tion as t o the m e a n i n g or effect of a n y of t h e T r e a t i e s , or as to
the validity, m e a n i n g or effect of any C o r n m u n i t y instrument,
shall b e treated as a question of law (and, if n o t referred to
the E u r o p e a n C o u r t , be for d e t e r m i n a t i o n as such in accordance 30
with the principles laid d o w n b y a n d a n y relevant decision of
the E u r o p e a n Court).
(2) J u d i c i a l notice shall b e t a k e n of the T r e a t i e s , of the
Official J o u r n a l of the C o m m u n i t i e s a n d of a n y decision
of, or expression of o p i n i o n by, the E u r o p e a n C o u r t on any 35
such question a s aforesaid ; a n d the Official J o u r n a l shall be
admissible as evidence of any i n s t r u m e n t or o t h e r act thereby
c o m m u n i c a t e d of any of the C o m m u n i t i e s o r of any Com­
munity institution.
(3) E v i d e n c e of a n y i n s t r u m e n t issued b y a Community 49
institution, including any j u d g m e n t or o r d e r of t h e E u r o p e a n
C o u r t , o r of a n y d o c u m e n t in the custody of a Community
institution, or a n y entry in or extract from s u c h a document,
m a y b e given in a n y legal proceedings by p r o d u c t i o n of a
copy certified as a true copy by a n official of t h a t institution; 45
European
Communities
a n d a n y d o c u m e n t p u r p o r t i n g to b e s u c h a c o p y shall b e received
in evidence w i t h o u t proof of the official position or h a n d w r i t i n g
of t h e person signing the certificate.
PART I
(4) E v i d e n c e of any C o m m u n i t y i n s t r u m e n t m a y also b e given 5 in any legal p r o c e e d i n g s — (a) b y p r o d u c t i o n of a c o p y p u r p o r t i n g t o be p r i n t e d b y
the Q u e e n ' s P r i n t e r ;
10
(b) w h e r e the i n s t r u m e n t is in the custody of a g o v e r n m e n t
d e p a r t m e n t (including a d e p a r t m e n t of t h e Govern­
m e n t of N o r t h e r n I r e l a n d ) , by p r o d u c t i o n of a copy
certified on behalf of t h e d e p a r t m e n t to b e a true
c o p y by a n officer of t h e d e p a r t m e n t generally or
specially authorised so to d o ;
a n d a n y d o c u m e n t p u r p o r t i n g t o b e s u c h a c o p y a s is m e n t i o n e d
15 in p a r a g r a p h (b) a b o v e of a n i n s t r u m e n t in t h e custody of a
d e p a r t m e n t shall b e received in evidence w i t h o u t proof of the
official position or h a n d w r i t i n g of t h e p e r s o n signing t h e certifi­
cate, o r of his authority t o d o so, o r of the d o c u m e n t being in
t h e c u s t o d y of the d e p a r t m e n t .
20
(5) I n a n y legal p r o c e e d i n g s in Scotland evidence of any
m a t t e r given in a m a n n e r authorised b y this section shall b e
sufficient evidence of it.
P A R T II
AMENDMENT OF LAW
25
G e n
4.—(1) T h e e n a c t m e n t s m e n t i o n e d in Schedule 3 t o this A c t e r a l
(being e n a c t m e n t s t h a t a r e superseded or t o b e superseded b y ^ ^
^
r e a s o n of C o m m u n i t y obligations a n d of the provision m a d e amendment,
by this A c t in relation t h e r e t o o r are n o t c o m p a t i b l e with
C o m m u n i t y obligations) a r e h e r e b y repealed, to the extent
30 specified in column 3 of t h e Sohedule, with effect from t h e
entry d a t e o r other d a t e m e n t i o n e d in the S c h e d u l e ; a n d in
the e n a c t m e n t s m e n t i o n e d i n Schedule 4 t o this A c t there shall,
subject t o a n y transitional provision there included, b e m a d e
the a m e n d m e n t s p r o v i d e d for by t h a t Schedule.
0
(2) W h e r e in a n y P a r t of Sohedule 3 t o this A c t it is p r o v i d e d
that repeals m a d e b y t h a t P a r t a r e to h a v e effect from a d a t e
appointed b y order, the orders shall b e m a d e b y statutory
instrument, a n d an order m a y a p p o i n t different dates for t h e
repeal of different provisions t o t a k e effect, o r for t h e repeal
40 of t h e s a m e provision t o t a k e effect for different purposes ; a n d
a n o r d e r a p p o i n t i n g a d a t e for a repeal to t a k e effect m a y
include transitional a n d o t h e r s u p p l e m e n t a r y provisions arising
35
/
1 0 1 1
0 1
PART I I
o u t of that repeal, including provisions a d a p t i n g the operation
of o t h e r e n a c t m e n t s included for repeal b u t n o t yet repealed by
t h a t Schedule, a n d m a y a m e n d or revoke a n y such provisions
included in a previous order.
(3) W h e r e a n y of the following sections of this A c t , or any 5
p a r a g r a p h of Schedule 4 t o this Act, a m e n d s or is construed
as o n e v/ith a n A c t o r P a r t of a n A c t n o t e x t e n d i n g t o Northern
I r e l a n d , b u t similar in purpose t o enactments having effect
there, t h e n —
(a) unless otherwise provided by A c t of the Parliament 10
of N o r t h e r n Ireland, the G o v e r n o r of N o r t h e r n
I r e l a n d m a y by O r d e r in Council m a k e provision
c o r r e s p o n d i n g to the section or p a r a g r a p h , a n d amend
o r r e v o k e a n y provision so m a d e ; a n d
(£) n o limitation o n t h e powers of t h e P a r l i a m e n t of 15
N o r t h e r n I r e l a n d imposed by the G o v e r n m e n t of
I r e l a n d A c t 1920 shall apply in relation t o legislation
for purposes similar to the purpose of the section or
p a r a g r a p h so as t o preclude t h a t P a r l i a m e n t from
e n a c t i n g similar provisions.
20
(4) W h e r e Schedule 3 or 4 to this A c t provides for the repeal
o r a m e n d m e n t of a n e n a c t m e n t that extends o r is capable of
b e i n g extended t o a n y of the C h a n n e l I s l a n d s or t h e Isle of
M a n , the repeal o r a m e n d m e n t shall in like m a n n e r extend or
b e c a p a b l e of b e i n g e x t e n d e d thereto.
25
Customs
duties. 5.—41) Subject t o subsection (2) below, o n a n d after the
relevant d a t e there shall b e charged, levied, collected a n d paid
o n goods i m p o r t e d into the United K i n g d o m such C o m m u n i t y
c u s t o m s duty, if a n y , as is for the time b e i n g applicable in
a c c o r d a n c e with the Treaties or, if the g o o d s are n o t within 30
t h e c o m m o n c u s t o m s tariff of the E c o n o m i c C o m m u n i t y and
the duties chargeable are n o t otherwise fixed by a n y directly
applicable C o m m u n i t y provision, such duty of c u s t o m s , if any,
as the T r e a s u r y , o n the r e c o m m e n d a t i o n of the Secretary of
State, m a y b y o r d e r specify.
35
F o r this p u r p o s e " the relevant d a t e i n relation to any
g o o d s , is t h e d a t e o n a n d after w h i c h t h e duties of customs
t h a t m a y b e charged thereon are n o longer affected u n d e r the
Treaties by a n y t e m p o r a r y provision m a d e o n or with reference
t o t h e accession of the U n i t e d K i n g d o m to the C o m m u n i t i e s .
40
(2) W h e r e as regards goods i m p o r t e d i n t o t h e United
K i n g d o m provision m a y , in a c c o r d a n c e with the /Treaties, be
m a d e in d e r o g a t i o n of the c o m m o n customs tariff or of the
exclusion of c u s t o m s duties as b e t w e e n m e m b e r States, the
T r e a s u r y m a y b y o r d e r m a k e such provision a s t o t h e customs 45
duties chargeable on the goods, or as t o exempting the goods
from a n y customs d u t y , as t h e T r e a s u r y m a y o n t h e recom­
mendation of the Secretary of State determine.
(3) T h e customs duties charged i n a c c o r d a n c e w i t h sub­
5 sections (1) a n d (2) a b o v e shall b e d e e m e d for t h e p u r p o s e s
of any e n a c t m e n t to b e i m p o r t duties charged u n d e r the I m p o r t
Duties A c t 1958 (but references t o the e n a c t m e n t s relating t o
customs generally shall n o t b y r e a s o n thereof b e treated a s
including that A c t ) ; a n d , subject t o a n y a m e n d m e n t m a d e b y
10 this Act, section 13 of t h a t A c t shall apply t o o r d e r s u n d e r
subsection (1) or (2) a b o v e as if they were orders u n d e r t h a t
Act.
PART II
(4) E x c e p t as otherwise provided by or u n d e r this A c t or a n y later enactment, the law i n force a t the passing of this A c t in 15 relation to customs duties shall c o n t i n u e t o apply, notwithstand­
ing that any duties are i m p o s e d for the benefit of the C o m ­
munities, as if t h e revenue from duties so imposed r e m a i n e d p a r t
of the revenues of the C r o w n .
(5) S o long as section 1 of the I m p o r t Duties A c t 1958 r e m a i n s
20 in force, that A c t shall h a v e effect subject t o t h e following
modifications: —
(a) the p o w e r u n d e r section 1 t o impose duties shall include
power t o impose duties with a view t o securing com­
pliance with any C o m m u n i t y o b l i g a t i o n ;
25
(b) orders u n d e r section 1 m a y , in relation t o g o o d s of
the s a m e description, m a k e different provision b y refer­
ence t o the use t o b e m a d e of the goods o r t o other
matters n o t ascertainable from a n e x a m i n a t i o n of t h e
goods;
30
(c) the p o w e r s exercisable b y virtue of section 2( 1) i n relation
to goods qualifying for C o m m o n w e a l t h preference shall
include p o w e r t o distinguish i n any respect between
different parts of the C o m m o n w e a l t h preference a r e a ;
the powers exercisable b y virtue of section 5(1) a n d (4)
together with p a r a g r a p h 8 of Schedule 3 shall, as re­
gards relief p r o v i d e d for b y o r u n d e r t h e T r e a t i e s or
for conformity with a n y C o m m u n i t y obligation, extend
to a n y customs duties.
(6) A s regards reliefs from i m p o r t duties, the Secretary of State
40 may b y regulations m a k e such further provision a s a p p e a r s t o
him to be expedient h a v i n g regard t o t h e practices a d o p t e d or to
be adopted in other m e m b e r States, whether b y l a w or adminis­
trative action a n d w h e t h e r or n o t for conformity with
Community o b l i g a t i o n s ; a n d a n y such regulations m a y a m e n d
68
B
o r r e p e a l accordingly a n y of the provisions of P a r t I I of the
I m p o r t Duties A c t 1958 or section 1 of the F i n a n c e A c t 1966,
as modified by this Act.
(7) F o r the p u r p o s e of implementing o b l i g a t i o n s created or
arising b y or u n d e r the Treaties the C o m m i s s i o n e r s of Customs 5
a n d Excise shall co-operate with other customs services o n matters
of m u t u a l concern, a n d (without prejudice to the foregoing) may
for t h a t p u r p o s e —
(a) give effect, in a c c o r d a n c e w i t h such a r r a n g e m e n t s as
they m a y direct or by regulations prescribe, to any JQ
C o m m u n i t y r e q u i r e m e n t or practice a s to the move­
m e n t of goods between countries, including any rules
requiring p a y m e n t t o b e m a d e in connection with
the exportation of goods to c o m p e n s a t e for any relief
from customs duty allowed or to b e allowed, a n d may 15
recover a n y such p a y m e n t as if it w e r e a n a m o u n t of
customs d u t y u n p a i d ; a n d
(b) give effect to any reciprocal a r r a n g e m e n t s m a d e between
m e m b e r States (with or w i t h o u t o t h e r countries or
territories) for securing, by the e x c h a n g e of inforroa- 20
tion or otherwise, the d u e a d m i n i s t r a t i o n of their
customs laws a n d the prevention or detection of fraud
o r evasion.
(8) W h e r e o n the exportation of a n y goods f r o m the United
K i n g d o m there h a s b e e n furnished for the p u r p o s e of any 25
C o m m u n i t y r e q u i r e m e n t or practice a n y certificate or other
evidence a s t o the origin of those goods, or as t o p a y m e n t s made
or relief from d u t y allowed in a n y c o u n t r y o r territory, then
for the p u r p o s e of verifying or investigating t h a t certificate or
evidence, t h e Commissioners or a n officer m a y require the 30
e x p o r t e r , or any other person a p p e a r i n g t o the Commissioners
o r officer t o h a v e been concerned in a n y w a y with the goods,
or with a n y goods from which, directly o r indirectly, they have
b e e n p r o d u c e d or m a n u f a c t u r e d , o r t o h a v e b e e n concerned
with t h e obtaining or furnishing of the certificate or evidence,— 35
(a) t o furnish such information, in such f o r m a n d within
such t i m e , as the C o m m i s i o n e r s or officer m a y specify
in the r e q u i r e m e n t ; or
(b) t o p r o d u c e for inspection, a n d t o allow t h e taking of
copies or extracts from, such invoices, bills of lading, 40
b o o k s or d o c u m e n t s as m a y b e so specified;
a n d a n y p e r s o n w h o , w i t h o u t r e a s o n a b l e cause, fails to comply
with a r e q u i r e m e n t u n d e r this subsection shall b e liable to a
p e n a l t y of £50.
'
(9) Subsections (7) a n d (8) a b o v e shall h a v e effect as if con- 45
tained in the Customs a n d Excise A c t 1952.
6 . - ( 1 ) T h e r e shall be a B o a r d in charge ol a g o v e r n m e n t
PART I I
department, which shall be a p p o i n t e d by a n d responsible to The common
the Ministers, a n d shall b e by the n a m e of t h e Intervention agricultural
Board for Agricultural P r o d u c e a body c o r p o r a t e (but n o t P
­
5 subject as a statutory corporation t o restrictions o n its c o r p o r a t e
capacity); a n d the B o a r d shall b e charged, subject t o t h e
direction a n d control of the Ministers, with s u c h functions as
they m a y from time to time d e t e r m i n e in connection with the
carrying out of the obligations of the U n i t e d K i n g d o m u n d e r
10 the c o m m o n agricultural policy of the E c o n o m i c C o m m u n i t y .
O L L C V
(2) H e r Majesty m a y by O r d e r in Council m a k e further
provision as to the constitution a n d m e m b e r s h i p of t h e B o a r d ,
and the remuneration (including pensions) of m e m b e r s of the
Board or any committee thereof, a n d for regulating o r facilitating
15 the discharge of the B o a r d ' s functions, including provision for
the B o a r d to arrange for its functions to be p e r f o r m e d b y other
bodies on its behalf a n d any such provision as w a s m a d e by
Schedule 1 t o the Ministers of the C r o w n A c t 1964 in relation
to a Minister to w h o m that Schedule a p p l i e d ; a n d the
20 Ministers—
25
30
(a) m a y , after consultation with any b o d y created b y a
statutory provision a n d concerned with agriculture or
agricultural p r o d u c e , b y regulations modify or a d d to
the constitution or p o w e r s of t f e b o d y so a s t o enable
it to act for the B o a r d , o r by written directions given
to the b o d y require it to discontinue or modify a n y
activity appearing to the Ministers t o b e prejudicial
to the p r o p e r discharge of the B o a r d ' s f u n c t i o n s ; a n d
(b) m a y by regulations p r o v i d e for the c h a r g i n g of fees in connection with the discharge of a n y functions of the Board. (3) Sections 5 a n d 7 of the Agriculture A c t 1957 (which
m a k e provision for the support of a r r a n g e m e n t s u n d e r section 1
of that A c t for providing g u a r a n t e e d prices or assured markets)
35 shall apply in relation t o any C o m m u n i t y a r r a n g e m e n t s for or
related t o the regulation of the m a r k e t for any agricultural
produce a s if references, in w h a t e v e r t e r m s , t o p a y m e n t s m a d e
by virtue of section 1 were references t o p a y m e n t s m a d e by
virtue of the C o m m u n i t y a r r a n g e m e n t s by or o n behalf of the
40 Board and as if in section 5(Did) the reference t o the Minister
included the Board.
(4) Agricultural levies of the E c o n o m i c C o m m u n i t y , so far as
they are charged on goods e x p o r t e d from the U n i t e d K i n g d o m
or shipped as stores, shall b e p a i d to a n d recoverable by the /
45 B o a r d ; and the p o w e r of the Ministers to m a k e orders u n d e r
section 5 of t h e Agriculture A c t 1957, as extended b y this
68
B2
section, shall include p o w e r to m a k e such provision supplc­
m e n t a r y to a n y directly applicable C o m m u n i t y provision as the
Ministers consider necessary for securing the p a y m e n t of any
agricultural levies s o charged, including provision for the making
of declarations or the giving of other information in respect of 5
goods e x p o r t e d , shipped as stores, w a r e h o u s e d or otherwise dealt
with.
(5) E x c e p t as otherwise p r o v i d e d b y o r u n d e r any enactment,
agricultural levies of the E c o n o m i c C o m m u n i t y , so far a s they
a r e charged o n goods i m p o r t e d i n t o the U n i t e d K i n g d o m , 10
shall b e levied, collected a n d p a i d , a n d the p r o c e e d s shall be
dealt with, as if they were C o m m u n i t y customs duties, a n d in
relation t o those levies t h e following e n a c t m e n t s shall apply as
they w o u l d apply in relation t o C o m m u n i t y customs d u t i e s , that
is to s a y : —
15
(a) the general provisions of the C u s t o m s a n d Excise
A c t 1952 (as for t h e t i m e being a m e n d e d , whether
b y this o r a n y earlier or later Act) a n d a n y other
statutory provisions for the t i m e b e i n g in force and
relating t o customs generally, as well as section 88(4) 20
of t h a t A c t a s so a m e n d e d ; a n d
(b) sections 5, 6, 7, 10 a n d 13 of t h e I m p o r t D u t i e s A c t 1958,
b u t so t h a t in those provisions, as a m e n d e d b y this
A c t , references to the Secretary of State shall include
the M i n i s t e r s ;
25
a n d if, in c o n n e c t i o n with a n y such C o m m u n i t y a r r a n g e m e n t s
a s aforesaid, t h e C o m m i s s i o n e r s of C u s t o m s a n d Excise are
charged with t h e p e r f o r m a n c e , o n behalf of the B o a r d or other­
wise, of any duties in relation to t h e p a y m e n t of refunds or
allowances o n goods exported or t o b e e x p o r t e d from t h e United 30
K i n g d o m , t h e n in relation t o a n y s u c h refund or allowance
section 267 (except subsection (2)(a)) a n d section 294 of the
C u s t o m s a n d E x c i s e A c t 1952 shall apply a s they apply in
relation t o a d r a w b a c k of c u s t o m s duties, a n d o t h e r provisions
of t h a t A c t shall h a v e effect accordingly.
35
(6) T h e e n a c t m e n t s applied b y subsection (5) (a) a b o v e shall
apply subject t o s u c h exceptions a n d modifications, if any, as
the Commissioners of C u s t o m s a n d Excise m a y by regulations
prescribe, a n d shall b e t a k e n t o include section 10 of the Finance
A c t 1901 (which relates to c h a n g e s in c u s t o m s i m p o r t duties in 40
their effect o n contracts), b u t shall n o t include section 259 of
the C u s t o m s a n d E x c i s e A c t 1952 (charge of d u t y o n manufac­
tured or c o m p o s i t e articles).
(7) W h e r e it a p p e a r s to t h e Ministers, h a v i n g r e g a r d t o any
such C o m m u n i t y a r r a n g e m e n t s as aforesaid (and any obligations 45
of the U n i t e d K i n g d o m in r e l a t i o n thereto), t h a t section 1 of
PART II
the Agriculture A c t 1957 should cease to apply to p r o d u c e of
any description m e n t i o n e d in Schedule 1 t o that Act, they may
by order m a d e b y statutory instrument, w h i c h shall b e subject
to a n n u l m e n t in p u r s u a n c e of a resolution of either H o u s e of
5 Parliament, provide that as from such date as m a y be prescribed
by the o r d e r (but subject to such savings a n d transitional pro­
visions as m a y b e s o prescribed) the A c t shall h a v e effect as
if produce of t h a t description w e r e omitted from Schedule 1.
(8) Expressions used in this section shall be construed as if
10 contained in P a r t I of t h e Agriculture A c t 1957 ; a n d in this
section " agricultural levy " shall include a n y tax n o t being a
customs duty, b u t of equivalent effect, that m a y be c h a r g e a b l e
(for the use of the E c o n o m i c C o m m u n i t y ) in a c c o r d a n c e with
any such C o m m u n i t y arrangements as aforesaid, and " statutory
15 provision " includes any provision having effect b y virtue of any
enactment and, in subsection (2), any e n a c t m e n t of the Parlia­
ment of N o r t h e r n I r e l a n d or provision h a v i n g effect by virtue
of such a n enactment. 7—(1) I n relation to a m o u n t s charged for the use of the Sugar.
20 Sugar B o a r d by a directly applicable C o m m u n i t y provision o n
goods i m p o r t e d i n t o the United K i n g d o m , a n d to refunds of
any such a m o u n t s , section 6(5) above shall h a v e effect as if
those a m o u n t s w e r e agricultural levies of the E u r o p e a n Com­
munity, except t h a t the Commissioners of C u s t o m s a n d Excise
25 shall account to t h e Sugar Board, in such m a n n e r as t h e T r e a s u r y
may direct, for all m o n e y collected for the benefit of the B o a r d
by virtue of this subsection and, pending p a y m e n t to t h e B o a r d ,
shall d e a l with all such m o n e y in such m a n n e r as the T r e a s u r y
may direct.
There shall b e allowed to the C o m m i s s i o n e r s , in t h e t a k i n g of
any account u n d e r this subsection, such s u m s as t h e T r e a s u r y
may from time to time determine i n respect of t h e i r expenses
attributable to this subsection, a n d the a m o u n t so allowed shall
in the accounts of the Sugar B o a r d b e t r e a t e d as expenses of the
35 Board. 30
(2) T h e Minister shall, a t such times a s the T r e a s u r y m a y
determine, pay t o the S u g a r B o a r d any a m o u n t b y which the sums
charged for their benefit as mentioned in subsection (1) above,
their receipts from dealings (as principals) in sugar a n d their
40 other income fall short of their outgoings, whether in respect
of those dealings, o r of p a y m e n t s to b e m a d e b y t h e m in respect
of imports u n d e r any directly applicable C o m m u n i t y provision,
or otherwise ; b u t if at a n y time it a p p e a r s to the Minister that
the Sugar B o a r d have accumulated funds in excess of the
"45. amount that they r e a s o n a b l y require to h a v e available for the
PART II
performance of their functions, he m a y direct the B o a r d to pay
to h i m such s u m as m a y b e specified in the direction, and the
B o a r d shall t h e r e u p o n p a y h i m the a m o u n t so specified.
(3) If as regards the home-grown beet c r o p for the year 1973
or any subsequent year it is m a d e to a p p e a r to t h e Ministers 5
by the processors of h o m e - g r o w n beet or by a b o d y which is in
their o p i n i o n substantially representative of the growers of home­
g r o w n beet t h a t the processors a n d t h a t b o d y are u n a b l e to agree
o n the prices a n d other t e r m s a n d conditions for t h e purchase of
home-grown beet b y the processors, the Ministers m a y deter-10
m i n e o r designate a p e r s o n to d e t e r m i n e those prices,
t e r m s a n d conditions ; a n d a n y p u r c h a s e by processors for which
prices, t e r m s a n d conditions have been so determined, or
c o n t r a c t for such a p u r c h a s e , shall t a k e effect as a purchase or
contract for p u r c h a s e at those prices a n d on those terms and 15
conditions.
(4) T h i s section shall b e construed as o n e with the Sugar
A c t 1 9 5 6 ; a n d in this section, as in t h a t A c t , " t h e M i n i s t e r "
m e a n s the Minister of A g r i c u l t u r e , Fisheries a n d F o o d , a n d " the
M i n i s t e r s " m e a n s t h e Minister a n d t h e Secretary of State acting 20
jointly.
Cinematograph
8.—(1) O n
films.
b e registered
distinct from
films, a n d the
a n d after the entry d a t e C o m m u n i t y films shall
u n d e r the F i l m s Acts 1960 t o 1970 as a class
other foreign films, a n d b e registered as quota
register shall b e k e p t a c c o r d i n g l y ; a n d —
25
(a) references in those A c t s t o a foreign film, except in
sections 11 a n d 17 of the F i l m s A c t 1960 (which relate
t o registration) shall h a v e effect as references to a
foreign film o t h e r t h a n a C o m m u n i t y film; a n d
(6) references t o a British film shall in the following pro- 30
visions of t h e F i l m s A c t 1960 h a v e effect as references
t o a British or C o m m u n i t y film, t h a t is t o say, in
sections 1(1), 2(2) (as set o u t in section 10(1) of the
F i l m s A c t 1970), 30(3X6), 32(1X6) a n d 44(1X6).
I n this subsection a n d in subsection (2) below " Community 35
film " m e a n s a n y such film as in a c c o r d a n c e with any relevant
C o m m u n i t y i n s t r u m e n t is t o b e r e g a r d e d as a film of a member
State.
(2) W h e r e a film which o n the entry d a t e is registered under
the Films A c t 1960 as a foreign film is a C o m m u n i t y film, a 40
person w h o h a s the right to distribute the film or is in a
position t o confer that right m a y a p p l y for / t h e register to
be a m e n d e d b y registering the film as a C o m m u n i t y film;
a n d if the application is a c c o m p a n i e d by the requisite
particulars a n d evidence t o show the film is a C o m m u n i t y film, 45
and by such fee as m a y b e prescribed for this p u r p o s e u n d e r
PART I I
section 44 of the A c t , the register shall b e a m e n d e d accordingly
a n d there shall b e issued to the applicant, in substitution for a n y
certificate of registration previously issued, a certificate of regis­
5 tration specifying the particulars of the film as r e c o r d e d in t h e register after t h e a m e n d m e n t . In relation to a film registered as a C o m m u n i t y film by virtue
of this subsection, section 2 of the F i l m s A c t 1960 (disregard of
old films for q u o t a purposes) shall h a v e effect as if in subsection
10 (2), whether as originally e n a c t e d o r as set o u t in section 10(1)
of the Films A c t 1970, the reference to a film b e i n g first registered
as a British film were a reference t o its b e i n g first registered. (3) T h e r e q u i r e m e n t s for t h e registration of a film a s a British film u n d e r section 17 of the Films A c t 1960 shall b e modified, 15 with effect from the entry d a t e , b y inserting after the words
" of the R e p u b l i c of I r e l a n d ", wherever those w o r d s occur in
section 17(2)(a) a n d (3), t h e words " or of any c o u n t r y t h a t is
a m e m b e r State ".
(4) If, o n t h e application of a n exhibitor i n respect of a
20 cinema, t h e Secretary of State is satisfied t h a t d u r i n g the y e a r
1973 or a n y later y e a r it is p r o p o s e d to exhibit a t t h e cinema n o
films other t h a n foreign l a n g u a g e films, h e m a y (after consulta­
tion with the C i n e m a t o g r a p h F i l m s Council) direct t h a t section 1
of the F i l m s A c t 1960 shall n o t a p p l y t o t h e exhibition of films
25 at that c i n e m a d u r i n g that year ; b u t section 1 shall nevertheless
apply as if n o such direction h a d b e e n g i v e n —
(a) w h e r e d u r i n g the y e a r a n y film other t h a n a foreign
l a n g u a g e film is exhibited at t h e c i n e m a ; a n d
(b) w h e r e , o n the application of a n exhibitor w h o exhibits
films
a t t h e c i n e m a , the Secretary of S t a t e substitutes
for t h e direction a direction u n d e r section 4(1) of t h e
Act.
30
In this subsection " foreign l a n g u a g e film " m e a n s a film in which the dialogue is mainly in a foreign l a n g u a g e . 35
(5) T h i s section shall be construed as o n e with t h e Films A c t
1960.
9 ,
( 1
)
I n
f
a
v
o
u
r
o f
a
p
e
r
s
o
n
d e a l i n
7^ . ,
g with a c o m p a n y in Companies
good faith, a n y transaction decided o n b y t h e directors shall b e
deemed t o b e o n e which it is within the capacity of t h e c o m p a n y
40 to enter i n t o , a n d t h e p o w e r of t h e directors t o b i n d the c o m ­
pany shall b e d e e m e d to b e free of a n y limitation u n d e r t h e
m e m o r a n d u m or articles of a s s o c i a t i o n ; a n d a p a r t y to a trans­
action s o decided o n shall n o t b e b o u n d t o e n q u i r e as t o t h e
PART I I
c a p a c i t y of the c o m p a n y to enter into it or as t o any such
limitation o n the powers of the directors, a n d shall b e presumed
to h a v e acted in good faith unless t h e c o n t r a r y is proved.
(2) W h e r e a c o n t r a c t p u r p o r t s t o b e m a d e b y a c o m p a n y , or
by a p e r s o n as a g e n t for a c o m p a n y , a t a t i m e when the company 5
h a s n o t b e e n formed, t h e n subject to any a g r e e m e n t to the
c o n t r a r y the contract shall h a v e effect as a c o n t r a c t entered
i n t o b y the p e r s o n p u r p o r t i n g to act for the c o m p a n y or as
a g e n t for it, a n d h e shall b e personally liable o n the contract
accordingly.
10
(3) T h e registrar of companies shall cause t o b e published
i n t h e G a z e t t e notice of the issue or receipt by h i m of documents
of a n y of t h e following descriptions (stating in the notice the
n a m e of the c o m p a n y , the description of d o c u m e n t a n d the
d a t e of issue or receipt), t h a t is to s a y —
15
(a) a n y certificate of i n c o r p o r a t i o n of a c o m p a n y ;
ib) a n y d o c u m e n t m a k i n g or evidencing a n alteration in the
m e m o r a n d u m or articles of association of a c o m p a n y ;
(c) a n y r e t u r n relating to a c o m p a n y ' s register of directors,
o r notification of a c h a n g e a m o n g its d i r e c t o r s ;
20
id) a c o m p a n y ' s a n n u a l return ;
ie) a n y notice of the situation of a c o m p a n y ' s registered
office, or of any change therein ;
if) any copy of a winding-up o r d e r in respect of a c o m p a n y ;
ig) a n y o r d e r for the dissolution of a c o m p a n y o n a winding 25
up;
ih) a n y r e t u r n by a l i q u i d a t o r of the final meeting of a
c o m p a n y on a winding u p ;
a n d i n the following provisions of this section " official notifica­
tion " m e a n s , in relation t o a n y t h i n g stated in a d o c u m e n t of 30
a n y of the a b o v e descriptions, the notification of t h a t document
in t h e G a z e t t e u n d e r this section a n d , in relation to the appoint­
m e n t of a liquidator in a v o l u n t a r y winding u p , the notification
thereof in t h e G a z e t t e u n d e r section 305 of the C o m p a n i e s Act
1948, a n d " officially notified " shall b e construed accordingly. 35
(4) A c o m p a n y shall n o t b e entitled to rely against other
p e r s o n s o n the h a p p e n i n g of any of t h e following events, that
is t o s a y —
id) the m a k i n g of a winding-up o r d e r i n respect of the
c o m p a n y , or t h e a p p o i n t m e n t of a liquidator in a 40
v o l u n t a r y winding u p of the c o m p a n y ; or
ib) a n y alteration of the c o m p a n y ' s m e m o r a n d u m or articles
of a s s o c i a t i o n ; or
ic) a n y c h a n g e a m o n g the c o m p a n y ' s directors ; or
(d) (as regards service of a n y d o c u m e n t o n t h e company)
a n y c h a n g e i n the situation of t h e c o m p a n y ' s registered
office;
if the event h a d n o t b e e n officially notified a t the material
5 time a n d is n o t s h o w n by the c o m p a n y t o h a v e b e e n k n o w n
at that time t o t h e p e r s o n concerned, or if the m a t e r i a l t i m e fell
on or before the fifteenth d a y after the d a t e of official notifica­
tton (or, w h e r e the fifteenth d a y was a non-business d a y , on or
before the n e x t d a y t h a t was not) a n d it is shown t h a t the person
10 concerned was u n a v o i d a b l y prevented from k n o w i n g of the
event a t t h a t t i m e .
F o r this p u r p o s e " non-business d a y " m e a n s a S a t u r d a y or
Sunday, C h r i s t m a s D a y , G o o d F r i d a y a n d any o t h e r day which,
in the p a r t of G r e a t Britain w h e r e the c o m p a n y is registered, is
15 a b a n k holiday u n d e r the B a n k i n g a n d F i n a n c i a l Dealings A c t
1971.
(5) W h e r e a n y alteration is m a d e in a c o m p a n y ' s m e m o r a n ­
dum or articles of association b y a n y statutory provision, whether
contained in a n A c t of P a r l i a m e n t o r in a n i n s t r u m e n t m a d e
20 under a n A c t , a p r i n t e d copy of the A c t or i n s t r u m e n t shall n o t
later t h a n fifteen days after t h a t provision c o m e s i n t o force b e
forwarded t o t h e registrar of c o m p a n i e s a n d r e c o r d e d b y h i m ;
and where a c o m p a n y is r e q u i r e d b y this section o r otherwise
to send to the registrar a n y d o c u m e n t m a k i n g o r evidencing a n
25 alteration in t h e c o m p a n y ' s m e m o r a n d u m or articles of associa­
tion (other t h a n a special resolution u n d e r section 5 of the
Companies A c t 1948), the c o m p a n y shall send w i t h it a printed
copy of the m e m o r a n d u m or articles as altered.
If a c o m p a n y fails t o c o m p l y with this subsection, t h e com­
30 pany a n d a n y officer of the c o m p a n y w h o is in default shall b e
liable t o a default fine.
(6) W h e r e before the c o m i n g into force of this s u b s e c t i o n ­
35
(a) a n a l t e r a t i o n h a s b e e n m a d e in a c o m p a n y ' s m e m o r a n ­
d u m o r articles of association b y a n y statutory pro­
vision, a n d a p r i n t e d copy of the relevant A c t or i n s t r u m e n t h a s n o t b e e n sent t o t h e registrar of companies; or (b) a n alteration h a s been m a d e in a c o m p a n y ' s m e m o r a n ­
d u m or articles of, association in any m a n n e r , a n d a p r i n t e d copy of t h e m e m o r a n d u m or articles as altered 40
has n o t b e e n sent t o h i m ; such a copy shall b e sent t o h i m within one m o n t h after the
coming i n t o force of this subsection.
y
If a c o m p a n y fails t o c o m p l y with this subsection, t h e com­
45 pany a n d a n y officer of the c o m p a n y w h o is in default shall
be liable t o a default fine.
68
C
v
PART I I
(7) E v e r y c o m p a n y shall h a v e the following particulars men­
tioned in legible characters in all business letters a n d order forms
of the c o m p a n y , that is to s a y , —
(a) t h e p l a c e of registration of t h e c o m p a n y , a n d the number
5
with which it is registered ;
(b) the address of its registered office ; a n d
(c) in the case of a limited c o m p a n y e x e m p t from the obli­
g a t i o n to u s e t h e w o r d " limited " as p a r t of its name,
t h e fact t h a t it is a limited c o m p a n y ;
a n d , if in t h e case of a c o m p a n y having a s h a r e capital there is lfj
o n t h e stationery used for a n y such letters or o n the order
forms a reference t o the a m o u n t of the share capital, the
reference shall b e t o p a i d - u p s h a r e capital.
If a c o m p a n y fails t o c o m p l y with this subsection, t h e company
shall b e liable t o a fine n o t exceeding £ 5 0 ; a n d if a n officer 15
of a c o m p a n y or a n y p e r s o n o n its behalf issues or authorises
the issue of a n y business letter or order form n o t complying
with this subsection, h e shall b e liable to a fine n o t exceeding
£50.
(8) T h i s section shall b e construed as one with the Com- 20
p a n i e s A c t 1 9 4 8 ; a n d section 435 of t h a t A c t (which enables
certain provisions of it to b e e x t e n d e d t o unregistered companies)
shall h a v e effect as if this section were a m o n g those mentioned
in Schedule 14 to t h a t A c t with a n entry in c o l u m n 3 of that
Schedule t o t h e effect t h a t this section is to apply s o far only 25
as m a y b e specified by regulations u n d e r section 435 a n d to
s u c h b o d i e s c o r p o r a t e a s m a y b e s o specified, a n d a s if section
437 (service of documents) w e r e so mentioned, instead of being
included in the last e n t r y in the Schedule.
T h e modifications of this section t h a t m a y b e m a d e by 30
regulations u n d e r section 435 shall include the extension of
subsections (3), (5) a n d (6) to additional m a t t e r s (and in
particular t o the i n s t r u m e n t s constituting a c o m p a n y as well
a s t o alterations thereof).
(9) T h i s section shall n o t c o m e i n t o force until the entry 35
d a t e (except t o authorise t h e m a k i n g with effect from that date
of regulations b y virtue of subsection (8) above).
Restrictive
trade
practices.
1 0 . - ( 1 ) P a r t I of the Restrictive T r a d e Practices A c t 1956
shall apply t o a n a g r e e m e n t n o t w i t h s t a n d i n g t h a t it is or m a y be
void b y r e a s o n of a n y directly applicable C o m m u n i t y provision, 40
or is expressly authorised b y or u n d e r any such provision ; but
the Restrictive Practices C o u r t m a y decline or p o s t p o n e the
exercise of its jurisdiction u n d e r section 2 0 of the A c t , or may
(notwithstanding section 22(2)) exercise its jurisdiction under
section 22, if a n d in so far as it a p p e a r s to the court right so to 45
European
Communities
d o having regard t o the operation of any such provision or to
PART II
the p u r p o s e a n d effect of any authorisation o r e x e m p t i o n g r a n t e d
in relation thereto, a n d the Registrar m a y refrain from t a k i n g
proceedings before the court in respect of a n y a g r e e m e n t if a n d
5 for so long as h e thinks it a p p r o p r i a t e so t o d o h a v i n g r e g a r d to the o p e r a t i o n of any such provision a n d to the p u r p o s e a n d effect of a n y such authorisation or e x e m p t i o n . (2) R e g u l a t i o n s u n d e r section 19 of the Restrictive T r a d e
Practices A c t 1956 m a y require t h a t the R e g i s t r a r shall b e
10 furnished in respect of an agreement with information as t o a n y
steps taken, or decision given, u n d e r or for t h e p u r p o s e of any
directly applicable C o m m u n i t y provision affecting the a g r e e m e n t ,
a n d t h a t the information so given or such p a r t , if a n y of it, as
may b e p r o v i d e d b y the regulations shall b e i n c l u d e d i n t h e
15 particulars to b e entered or filed in the register u n d e r section
11(2); b u t a n a g r e e m e n t shall be e x e m p t from registration u n d e r
the A c t so long as there is in force in relation t h e r e t o a n y
authorisation given for the p u r p o s e of a n y provision of t h e
E.C.S.C. T r e a t y relating t o restrictive t r a d e practices.
20
(3) A t the e n d of section 33(1) of the Restrictive T r a d e P r a c ­
tices A c t 1956 (which restricts the disclosure of i n f o r m a t i o n
obtained u n d e r the A c t t o the purposes t h e r e specified) t h e r e
shall be a d d e d t h e words " or for the p u r p o s e of complying with
a C o m m u n i t y obligation ".
25
11.—(1) A person w h o , in sworn evidence before the Community
European Court, makes any statement which he knows to b e
­
false or does n o t believe t o be true shall, whether h e is a British
subject or n o t , b e guilty of a n offence a n d m a y b e p r o c e e d e d
against a n d p u n i s h e d —
o f f e n c e s
30
(a) in E n g l a n d a n d Wales as for a n offence c o m m i t t e d t h e r e
against section 1(1) of t h e Perjury A c t 1 9 1 1 ; o r
(b) in Scotland as for a n offence c o m m i t t e d t h e r e against
section 1 of the False O a t h s (Scotland) A c t 1933 ; o r
35
(c) in N o r t h e r n I r e l a n d as for a n offence c o m m i t t e d t h e r e
against section 1(1) of the Perjury A c t ( N o r t h e r n
Ireland) 1946.
W h e r e a r e p o r t is m a d e as t o any s u c h offence u n d e r t h e authority of t h e E u r o p e a n C o u r t , then a bill of i n d i c t m e n t for the offence m a y , in E n g l a n d or Wales or in N o r t h e r n I r e l a n d , 40 be preferred as in a case where a prosecution is o r d e r e d u n d e r
section 9 of the Perjury A c t 1911 or section 8 of t h e Perjury
Act (Northern Ireland) 1946, b u t the r e p o r t shall n o t b e given
in evidence o n a person's trial for the offence.
68
C2
v
PART I I
(2) W h e r e a person (whether a British subject or not) owing
either—
(a) t o his duties as a m e m b e r of any E u r a t o m institution
o r c o m m i t t e e , o r as a n officer or servant of E u r a t o m ;
5
or
(b) t o his dealings i n a n y capacity (official or unofficial)
with a n y E u r a t o m institution or installation or with any
E u r a t o m joint enterprise;
h a s occasion t o a c q u i r e , or o b t a i n cognisance of, any classified
information, h e shall b e guilty of a m i s d e m e a n o u r if, knowing 10
o r having reason to believe t h a t it is classified information, he
c o m m u n i c a t e s it to a n y u n a u t h o r i s e d person or m a k e s a n y public
disclosure of it, w h e t h e r in the U n i t e d K i n g d o m or elsewhere
a n d w h e t h e r before o r after t h e t e r m i n a t i o n of those duties or
dealings ; a n d for this p u r p o s e " classified information " means 15
a n y facts, information, k n o w l e d g e , documents or objects that
a r e subject t o the security rules of a m e m b e r State or of any
E u r a t o m institution.
T h i s subsection shall b e construed, a n d the Official Secrets
A c t s 1911 to 1939 (except sections 10 a n d 11 of the Official 20
Secrets A c t 1911) shall h a v e effect, as if this subsection were
c o n t a i n e d in the Official Secrets A c t 1911.
(3) T h i s section shall n o t c o m e i n t o force until the entry
date.
12. E s t i m a t e s , r e t u r n s a n d information t h a t m a y under 25
Furnishing of
information to section 9 of t h e Statistics of T r a d e A c t 1947 or section 80 of
Communities t h e Agriculture A c t 1947 b e disclosed t o a g o v e r n m e n t depart­
and member
m e n t o r Minister in c h a r g e of a g o v e r n m e n t department m a y , in
States.
like m a n n e r , b e disclosed in p u r s u a n c e of a C o m m u n i t y obliga­
tion t o a C o m m u n i t y institution or a m e m b e r State.
30
S C H E D U L E S
SCHEDULE 1
DEFINITIONS RELATING TO COMMUNITIES
PART I
5
T H E P R E - A C C E S S I O N TREATIES
1. The " E.C.S.C. Treaty ", that is to say, the Treaty establishing
the European Coal and Steel Community, signed at Paris on the
18th April 1951.
2. The " E . E . C . T r e a t y " , that is to say, the Treaty establishing
10 the European Economic Community, signed at R o m e on the 25th
March 1957.
3. The " Euratom Treaty ", that is to say, the Treaty establishing
the European Atomic Energy Community, signed at Rome on the
25th March 1957.
15
4. The Convention on certain Institutions common to the European
Communities, signed at R o m e on the 25th March 1957.
5. The Treaty establishing a single Council and a single Corn­
mission of the European Communities, signed at Brussels on the
8th April 1965.
20
6. The Treaty amending certain Budgetary Provisions of the
Treaties establishing the European Communities and of the Treaty
establishing a single Council and a single Commission of the European
Communities, signed at Luxembourg on the 22nd April 1970.
7. Any treaty entered into before the 22nd January 1972 by any of
25 the Communities (with or without any of the member States) or, as
a treaty ancillary to any treaty included in this Part of this Schedule,
by the member States (with or without any other country).
PART
II
OTHER DEFINITIONS
30
" Economic Community ", " Coal and Steel C o m m u n i t y " and
" Euratom " mean respectively the European Economic Community,
the European Coal and Steel Community and the European Atomic
Energy Community.
" Community customs d u t y " means, in relation to any goods,
35 such duty of customs as may from time to time be fixed for those
goods by directly applicable Community provision as the duty
chargeable on importation into member States.
" Community institution" means any institution of any of the
Communities or common to the Communities ; and any reference
40 to an institution of a particular Community shall include one
common to the Communities when acting for that Community, and
similarly with references to a committee, officer or servant of a
particular Community.
SCH. 1
" Community instrument" means any instrument issued by ;i
Community institution.
" Community obligation " means any obligation created or arising
by or under the Treaties, whether an enforceable Community
obligation or not, and includes a prospective obligation.
5
" Enforceable Community r i g h t " and similar expressions shall be
construed in accordance with section 2(1) of this Act.
" Entry date " means the date on which the United Kingdom
becomes a member of the Communities.
" European C o u r t " means the Court of Justice of the European \Q
Communities.
" Member ", in the expression " member State ", refers to mem­
bership of the Communities.
SCHEDULE 2
PROVISIONS AS TO SUBORDINATE LEGISLATION
15
1.—(1) The powers conferred by section 2(2) of this Act to make
provision for the purposes mentioned in section 2(2)(a) and (b)
shall not include power—
(a) to make any provision imposing or increasing taxation ;
or
^
2
0
(b) to make any provision taking eifect from a date earlier
than that of the making of the instrument containing the
provision ; or
(c) to confer any power to legislate by means of orders, rules,
regulations or other subordinate instrument, other than 25
rules of procedure for any court or tribunal ; or
(d) to create any new criminal offence punishable with
imprisonment for more than two years or punishable on
summary conviction with imprisonment for more than
three months or with a fine of more than £400 (if not 30
calculated on a daily basis) or with a fine of more than
£5 a day.
(2) Sub-paragraph (l)(c) above shall not be taken to preclude the
modification of a power to legislate conferred otherwise than under
section 2(2), or the extension of any such power to purposes of the 35
like nature as those for which it was conferred; and a power to
give directions as to matters of administration is not to be regarded
as a power to legislate within the meaning of sub-paragraph (l)(c).
2.—(1) Subject to paragraph 3 below, where a provision contained
in any section of this Act confers power to make regulations (other- 40
wise than by amendment of an existing power), the power shall be
exercisable by statutory instrument.
(2) Any statutory instrument containing an /Drder in Council
or regulations made in the exercise of a power so conferred, if
made without a draft having been approved by resolution of each 45
House of Parliament, shall be subject to annulment in pursuance
of a resolution of either House.
European
Communities
3. Nothing in paragraph 2 above shall apply to any Order in
Council made by the Governor of Northern Ireland or to any regula­
tions made by a Minister or department of the Government of
Northern I r e l a n d ; but where a provision contained in any section
5 of this Act confers power to make such an Order in Council or
regulations, then any Order in Council or regulations made in the
exercise of that power, if made without a draft having been approved
by resolution of each House of the Parliament of Northern Ireland,
shall be subject to negative resolution within the meaning of section
10 41(6) of the Interpretation Act (Northern Ireland) 1954 as if the
Order or regulations were a statutory instrument within the meaning
of that Act.
SCHEDULE
3
REPEALS
PART I
15
CUSTOMS DUTIES
Chapter
Short Title
6 & 7 E!iz. 2.
c. 6. The Import Duties Act
1958.
Extent of Repeal
The whole Act, except—
section 4; 20
Part II, including Schedules 3 to 5; in section 12(4) the words
" fish, whales or other
natural produce of the
sea, or goods produced
25
or manufactured there­
from at sea, if brought
direct to the United
Kingdom, a r e " , and
paragraphs (a) and (b);
30
and sections 13, 15 and
16(1) and (2).
In Part II, section 5(2), (3), (5)
and (6), section 7(l)(c) with
the preceding " and ", section
35
9(4) and section 9(5) from
" and " onwards.
In Schedule 4, paragraph 1.
8 & 9 Eliz. 2. The European Free Trade The whole Act.
Association Act 1960.
c. 19.
40
The Finance Act 1965.
1965 c. 65.
Section 2, except subsection (5).
The Finance Act 1966.
1966 c. 18.
In section 1, in subsection (1)
the words between " 1958 "
and " chargeable ", and sub­
45
section (6).
Section 9.
T h e C u s t o m s D u t i e s The whole Act.
1969 c. 16.
(Dumping and Sub­
sidies) Act 1969. The Finance Act 1971.
Section 1(1) to (3).
5 0 1971 c. 68.
The repeals in this Part of this Schedule shall take effect from such
date as the Secretary of State may by order appoint.
SCH.
2
European
Communities
PART I I
SUGAR
Short Title
Extent of Repeal
In section 3, subsection (1)
from " including " onwards 5
and subsection (2)(b).
Section 4(2) and (3).
Section 5, except as regards
advances made before this
repeal takes effect.
10
Sections 7 to 17.
Section 18(3) and (4).
Sections 19 to 21.
Section 22, except as regards
guarantees given before this 15
repeal takes effect.
Section 23, but without pre­
judice to the modification
made by subsection (2) in
the articles of association 20
of the British Sugar Cor­
poration.
Sections 24 to 32.
In section 33, in subsection
(1) the words " regulations 25
or ", in subsection (2) the
words from the beginning
to " subsection ", subsec­
tion (3) and subsection (5).
In section 34, the words " or 30
the Commissioners ".
In section 35, in subsection
(2) all the definitions except
those of " the Corpora­
tion ", " financial year of 35
the Sugar Board ", " func­
tions",
" the
Govern­
ment",
" home-grown
beet " and " pension ", in
subsection (3) the words 40
" or of the Corporation "
and subsections (4) to (7).
Section 36(2).
In Schedule 3, paragraphs 2,
3 and 4.
45
Schedule 4.
Section 4.
The Agriculture Act 1957.
In section 36(2) the words
" and to sugar beet ".
The South Africa Act 1962. In Schedule 2, paragraph 5. 50
The Sugar Act 1956.
The Finance Act 1962.
/
In section 3(6) the words
from " the Sugar Act 1956 "
onwards.
Part II of Schedule 5.
55
European
Chapter
1963 c. 11.
5
1964 c. 49.
1966 c. 18.
1968 c. 13.
Communities
Short Title
The Agriculture (Miscel­
laneous Provisions) Act
1963.
The Finance Act 1964.
The Finance Act 1966.
The National Loans Act
1968.
10
1968 c. 44.
The Finance Act 1968.
Extent of Repeal
Section 25.
Section 22.
Section 52.
In Schedule 2, the entry for
the Sugar Act 1956, except
as regards advances made
before this repeal takes
effect.
Section 58.
The repeals in this Part of this Schedule shall take effect from such
date as the Minister of Agriculture, Fisheries and Food and the
15 Secretary of State acting jointly may by order appoint.
PART I I I
SEEDS
Short Title
Extent of Repeal
1964 c. 14.
The Plant Varieties and
Seeds Act 1964.
1968 c. 29.
The Trade Descriptions
Act 1968.
The Agriculture (Miscellaneous Provisions) Act
1968.
Section 5(3).
Sections 20 to 23A.
Section 25(8)(6) and the word
" and " preceding it.
Section 32.
In section 34(2) the words
from " o r in the Index" to
" into force ", and the words
" or fact".
Schedule 5.
Section 2(4)(a).
Chapter
1968 c. 34.
35
Schedule 7, except amendments
of section 1 of or Schedule 1
or 2 to the Plant Varieties
and Seeds Act 1964.
The repeals in this Part of this Schedule shall take effect from such
dite as the Minister of Agriculture, Fisheries and Food and the
Secretary of State acting jointly may by order appoint.
European
Communities
PART I V
SCH. 3
MISCELLANEOUS
Chapter
Short Title
9 & 1 0 G e o . 6. T h e C o a l I n d u s t r y
c. 59.
N a t i o n a l i s a t i o n Act
1946.
1 0 & l l G e o . 6 . The Agriculture Act 1947.
c. 48.
15&16Geo.6. The Customs and Excise
and 1 Eliz. 2. Act 1952.
c.
Extent of Repeal
In section 4, in its application
to the Industrial Coal Con- 5
sumers' Council, subsections
(1) to (8); and in its applica­
tion to the Domestic Coal
Consumers' Council, in sub­
section (2) the words " to 10
represent the Board and ", in
subsection (3) (as applied by
subsection (4)) the words
from " and where " in para­
graph (a) onwards and sub- 15
section (5).
Section 4(9), (10) and (11).
Section 2(2).
Schedule 6, except for cases in 20
which the value of goods
falls to be determined as at
a time before the year 1973.
1 & 2 Eliz. 2. The Iron and Steel Act Section 29.
1953.
c. 15.
25
5 & 6 Eliz. 2. The Agriculture Act 1957. Section 2(6)(6), with the pre­
ceding " or ".
c. 57.
Section 3.
Section 8(1), and in section
8(2) the words " a n d sub-30
section (1) of section 3 ".
In section 11 the words " and
' special review' " and the
words " or special review".
10 & 11 Eliz. 2. The Coal Consumers' Section 1(1) and (2), in so far 35
as they apply to the Industrial
Councils (Northern Irish
c. 22.
Coal Consumers' Council.
Interests) Act 1962.
The Agriculture (Miscel­ Section 9(8).
1963 c. 11.
laneous Provisions) Act
1963.
40
The Iron and Steel Act Sections 8,15 and 30.
1967 c. 17.
1967.
Section 48(2)(6).
In Schedule 3, the entries
relating to section 6 of the
Iron and Steel Act 1949.
45
In Schedule 4, section 6 of the
Iron and Steel Act 1949 as
there set out.
The Agriculture Act 1967. Section 61(7).
1967 c. 22.
Section 64(6).
50
Section 65(5).
The International Organ­ Section 3. /
1968 c. 48.
isations Act 1968.
In section 4, the words " other
than the Commission of the
European Communities".
55
Chapter
1970 c. 24.
5
10
1970 c. 40.
Extent of Repeal
Short Title In Schedule 2, paragraph 5(1)
from " Where, by virtue"
onwards,
and
paragraph
5(2)(6) and (c), except for
cases in which the value of
goods falls to be determined
as at a time before the year
1973.
The Agriculture Act 1970. Section 106(5).
The Finance Act 1970. SCHEDULE
4
ENACTMENTS A M E N D E D
A : Customs
Duties
A(i): Import Duty Reliefs etc.
15 1.—(1) Save as provided by paragraphs (a) and (b) below, for the
words " the Treasury", wherever occurring in Part II (including
Schedule 3) of the Import Duties Act 1958, and for the words " the
Board of Trade " or " the Board ", wherever occurring in that Act
or in section 1 of the Finance Act 1966, there shall be substituted
20 the words " the Secretary of State " (and in section 6(1) to (3) of
the Act of 1958 and section l(l)(a) of that of 1966 there shall be
made any consequential substitution of words in the singular for
words in the plural); but in the Act of 1958—
(a) there shall be omitted section 5(7), in section 8(5) the words
25
" on the recommendation of the Board of Trade ", in section
9(2) the words preceding the first " i n " and the words
" to recommend t h a t " and in section 13(4) the words " of
the Treasury " ; and
(b) for section 13(1) there shall b e substituted—­
30
" (1) Any power to make orders which is conferred
by this Act shall include power to vary o r revoke any
order made in the exercise of that power."
The coming into force of this sub-paragraph shall not affect the
continuance in force of any order, regulations or direction pre­
35 viously made or given ; but where any condition previously imposed
under Part II of the Import Duties Act 1958 requires any consent
of the Treasury or of the Board of Trade, it shall thereafter be
construed as requiring instead that of the Secretary of State.
(2) In section 5(4) of the Import Duties Act 1958 (power t6
40 provide by order for administration of any relief from duty under
the section) after the words " any relief from duty under this
section " there shall be inserted the words " or for the implementa­
68
D 2
C0NFD3ENTIAL
gCHi 3
tion or administration of any like relief provided for by any Com­
munity instrument", and after paragraph (a) there shall be inserted—
" iaa) where the relief is limited to a quota of imported goods,
provide for determining the allocation of the quota or for
enabling it to be determined by the issue of certificates or 5
licences or otherwise ; ".
(3) In section 6(1) of the Import Duties Act 1958 (power to exempt
importations meant for research or other special purposes) before
the words " any import d u t y " there shall be inserted the words
10
" the. whole or part of".
(4) In section 7 of the Import Duties Act 1958 (which confers
power to exempt importations intended for export, but with power
to attach conditions on the grant of exemption) there shall be added
at the end of subsection (3) the words " or that, in such circum­
stances as the Commissioners may require, there shall be paid by 15
way of duty such amount as may be so required " ; and after sub­
section (3) there shall be inserted the following subsections: —
" (3A) For purposes of this section the Commissioners may
treat any imported articles as if it were intended to re-export
goods incorporating them or manufactured or produced from 20
them, if the Commissioners are satisfied that goods incorporating,
or manufactured or produced from, like articles have been or are
intended to be exported and that in the circumstances it is proper
for the imported articles to be so treated.
(3B) References in this section to goods manufactured or 25
produced from any articles shall, in such cases and to such
extent as the Commissioners may allow, be treated as including
goods in the manufacture, production or repair of which those
articles are used as an agent to carry out or facilitate any process
or are used to treat, protect or test the goods or any component 30
of them."
(5) I n section 13(4) of the Import Duties Act 1958 (orders lapsing
unless approved by resolution of House of Commons) before the
words " the statutory i n s t r u m e n t " there shall be inserted the words
" unless the order states that it does not do so otherwise than in 35
pursuance of a Community obligation ".
(6) I n Schedule 3 to the Import Duties Act 1958 at the end of
paragraph 8 (which allows relief under section 5 to be given with a
view to conforming with international agreements) there shall be
added at the end the words " or with a view to conforming with 40
any Community obligations or otherwise affording relief provided
for by or under the Community Treaties."
A(ii): Customs and Excise Act 1952
2.—(1) In the Customs and Excise Act 1952 there shall be made,
with effect from the entry date, the amendments provided for by 45
the following sub-paragraphs.
(2) I n section 34, there shall be inserted after subsection (1) a
new subsection—
" (1A) Where security for the payment of duty is given to the
satisfaction of the, Commissioners in accordance with such 50
/
5
10
arrangements as may be prescribed by regulations of the Commissioners, then subject to such conditions as may be so
prescribed or as the Commissioners may see fit to impose, the
Commissioners may permit payment under this section of the
duty to be deferred for such period as may be so prescribed,
and duty of which payment is deferred under this subsection
shall be deemed to have been paid for purposes of any relief
from duty by way of drawback, for purposes of sections 35, 36
and 46 of this Act, and for such other purposes as may be so
prescribed ; but the regulations may provide for payment to
be deferred in the case of some duties of customs or some goods
but not of others " ;
Sen. 4
and in section 86 (removal of warehoused goods) there shall be
added at the end of subsection (4) the words " b u t section 34(1A)
15 of this Act shall apply to warehoused goods with the substitution of
a reference to this section for any reference to that section ".
20
25
30
35
40
(3) A t the end of section 67 there shall be added as a separate
subsection (2)—­
" (2) Without prejudice to subsection (1) above, where any
question as to the duties of customs chargeable on any goods,
or the operation of any prohibition or restriction on importation,
depends on any question as to the place from which the goods
were consigned, or any question where they or other goods are
to be treated as grown, manufactured or produced, or any
question as to payments made or relief from duty allowed in any
country or territory, then— (a) the Commissioners may require the importer of the
goods to furnish to them, in such form as they may
prescribe, proof of any statement m a d e to them as
to any fact necessary to determine that question, or
of the accuracy of any certificate or other document
furnished in connection with the importation of the
goods and relating to the matter in issue, and if such
proof is not furnished to their satisfaction, the question
may be determined without regard to that statement or
to that certificate or document; and
(b) if in any proceedings relating to the goods or to the
duty chargeable thereon the accuracy of any such
certificate or document comes in question, it shall be
for the person relying on it to furnish proof of its
accuracy."
(4) At the end of section 70 there shall b e added as a separate
subsection (2)—
" (2) Where, in pursuance of any Community requirement or
45
practice as to the movement of goods between countries, a
seal, lock or mark is used (whether in the United Kingdom or
elsewhere) to secure or identify any goods for customs purposes,
and the seal, lock or mark is at any time wilfully and
prematurely removed or tampered with in the United Kingdom,
50
[he person then in charge of the goods shall be liable to a
penally of £100." Sen. 4
(5) In section 80(1) (which provides for the approval of ware­
houses for the goods mentioned in paragraphs (a) to (d)) there shall
b e inserted after paragraph (d) as a new paragraph—
" (e) subject to such conditions and restrictions as aforesaid,
of such other goods as the Commissioners may allow to 5
be warehoused for exportation or for use as stores in cases
where relief from or repayment of any duty of customs or
other payment is conditional on their exportation or use
as stores ; "
a n d in section 88(1) (duty chargeable on warehoused goods) there 10
shall be inserted after the words " warehoused goods " the words
" (other than those falling within section 80(l)(e) of this Act) ".
(6) In section 88(4) after the word " hops " there shall be inserted
the words " the proprietor of the goods may elect, if any permitted
operation has been carried out on the goods in warehouse, that the 15
amount of any duty chargeable thereon under this section, not being
a duty of excise or a duty of customs other than an import duty,
shall be calculated in accordance with the account last taken of the
goods before any permitted operation was so carried out, but
otherwise".
20
(7) After section 255 there shall be inserted as a new section
255A­
" 255A. Where any question as to the duties of customs
chargeable on any goods depends on the use t o be made of any
goods or on any other matter not reasonably ascertainable from 25
an examination of the goods, and that question is not in law
conclusively determined by the production of any certificate or
other document, then on the importation of those goods the
Commissioners may impose such conditions as they see fit for
securing that the goods will be so used or otherwise for the 30
prevention of abuse or the protection of the revenue (including
conditions requiring security for the observance of any conditions
so i m p o s e d ) " .
(8) For section 258(1) and (2) there shall be substituted, except
for cases in which the value of goods falls to b e determined as at 35
a time before the entry date, a new subsection—
" ( 1 ) For the purposes of any duty of customs for the time
being chargeable on any imported goods by reference to their
value, whether a Community customs duty or not, the value of
the goods shall be taken according to the rules applicable in the 40
case of Community customs duties, and duty shall be paid on
that v a l u e :
Provided that in the case of goods imported in the course of
trade within the Communities the value shall be determined
on the basis of a delivery to the buyer at the port or place of 45
importation into the United Kingdom."
/
B : Food
1955 c. 16
3 . - ( 1 ) In the F o o d and Drugs Act 1955 ( " t h e Act of 1955 "),
(4 & 5 Eliz. 2). and in the Food and Drugs (Scotland) Act 1956 (" the Act of 1956 "),
1956 c. 30.
there shall be inserted in section 4(1) (regulations as to composition 50
of food etc.) after the words " protection of the public " the words
" or to be called for by any Community obligation ".
SCH. 4
(2) (a) After section 123 of the Act of 1955 there shall be inserted as section 123A the following section: — 5
" (1) The Ministers may, as respects any directly applicable
Community provision relating to food for which, in their
opinion, it is appropriate to make provision under this Act, by
regulations make such provision as they consider necessary or
expedient for the purpose of securing that the Community
provision is administered, executed and enforced under this
Act, and may apply such of the provisions of this Act as may
be specified in the regulations in relation to the Community
provision with such modifications, if any, as may be so specified.
10
15
(2) For the purpose of complying with any Community obliga­
tion, or for conformity with any provision made for that pur­
pose, the Ministers may by regulations make provision as to—­
(a) the manner of sampling any food specified in the regu­
lations, and the manner in which samples are to
be dealt with ; and
20
25
(b) the method to be used in analysing, testing or examining
samples of any food so specified ;
and regulations made by the Ministers for that purpose, or for
conformity with any provision so made, may modify or exclude
any provision of this Act relating to the procuring or analysis
of, or dealing with, samples or to evidence of the results of
an analysis or test " ;
and in section 124(2) of the Act of 1955 (statutory instruments subject to annulment), in paragraph (a) after the words "eighty­
nine " there shall be inserted the words " or section 123A ". 30
(b) After section 56 of the Act of 1956 there shall be inserted
as section 56A the same section as is set out in paragraph (a) above
but with the substitution for the words " the Ministers, " their
opinion" and " t h e y c o n s i d e r " of the words " t h e Secretary of
State ", " his opinion " and " he considers " respectively.
35
(c) In section 22(2) of the Trade Descriptions Act
(admissibility of evidence of analysis where offence is one under
that Act and food and drugs laws) after the words " 123 " there
be inserted the words " or 123A " and after the word " 56 "
shall be inserted the words " or 56A ".
40
(3) (a) As from the end of the year 1975, or any earlier date which,
for any provision, the Minister of Agriculture, Fisheries and Food
and the Secretary of State acting jointly may by order made by
statutory instrument appoint, there shall be omitted the following
provisions of the Act of 1955 or the Act of 1956, that is to say,—
45
(a) section 32(2) of the Act of 1955 and section 17(l)(b) of the
Act of 1956, and the words " any separated milk, o r "
in section 32(4) of the Act of 1955 and in section 17(2)
of the Act of 1956 ;
1968
both
shall
there
(b) Section 33 of the Act of 1955, together with the v/ords from
" (being " to " Act) " in section 29(1)(/) of that Act, and in section 16
of the Act of 1956 subsection (1), together with the words from
" (being " to " subsection) " in subsection (2).
C : Grading etc. of Horticultural
Produce
5
4 . - ( 1 ) Part I I I of the Agriculture and Horticulture Act 1964
(grading and transport of fresh horticultural produce) shall be
amended as follows: —
(a) in section 11 (power to prescribe grades) there shall be
10
added at the end as a new subsection (3)—
" (3) Regulations under subsection (1) above shall not
apply to produce of any description for the time being
subject to Community grading rules ; but in relation to
any such produce the Ministers may by regulations—
(a) make additional provision as to the form of any 15
label required for the purpose of those rules
or as to the inclusion in any such label of
additional particulars (not affecting the grading
of the produce);
(b) provide for the application, subject to any modi­ 20
fications specified in the regulations, of all or
any of the following provisions of this Part of
this Act as if the produce were regulated pro­
duce and as if the standards of quality
established by those rules were prescribed 25
grades." ;
(b) in section 22, after subsection (3) (which provides against
the grading etc. of produce by agricultural marketing boards
otherwise than in conformity with regulations under section
11(1) or 21 or, in Northern Ireland, any corresponding 30
provisions for the time being in force there) there shall
be inserted as a new subsection (4)—
" (4) Subsection (3) above shall apply in relation to
Community grading rules as it applies in relation to
regulations under section 11(1) or 21 of this Act or, as 35
regards Northern Ireland, under any corresponding
provisions.";
(c) in section 24 (interpretation of Part III) there shall be inserted
after the definition of " authorised officer " the following
definition: —
40
" Community grading rules " means any directly applic­
able Community provisions establishing standards of
quality for fresh horticultural produce.
(2) In section 2(4) of the Trade Descriptions Act 1968 (which provides that certain statutory descriptions and markings are to bo
45
deemed not to be trade descriptions) after the words " the Agriculture and Horticulture Act 1 9 6 4 " there shall be inserted the words " o r any Community grading rules within the meaning of Part ITT of that A c t " . D : Seeds and other Propagating
Material
SCH. 4
6 . - ( 1 ) In the Plant Varieties and Seeds Act 1964 there shall be
made the amendments provided for by sub-paragraphs (2) to (5)
below.
(2) In section 16(l)(c) (preventing spread of plant disease by the
sale of seeds) for the words " the sale " there shall be substituted
the words " means ", and after section 16(1) there shall be inserted
as subsection (1 A ) : —
" ( 1 A ) Seeds regulations may further make provision for
regulating the marketing, or the importation or exportation, of
10
seeds or any related activities (whether by reference to officially
published lists of permitted varieties or otherwise), and may in
that connection include provision— (a) for the registration or licensing of persons engaged in
the seeds industry or related activities ;
15
(b) for ensuring that seeds on any official list remain true
to variety;
(c) for the keeping and inspection of records and the giving
of information;
(d) for conferring rights of appeal to the T r i b u n a l ;
20
(e) for excluding, extending or modifying, in relation to or
in connection with any provision of the regulations,
the operation of any provision made by the follow­
ing sections of this Part of this Act or of Part I V of
this Act, and for the charging of fees ;
25
and the provisions relating to offences connected with seeds regula­
tions shall be amended as follows: —
5
30
(a) in section 16, for the words from " w h i c h c o n c e r n s " in subsection (7)(b) to the end of subsection (8) there shall be substituted the words " he shall be liable on summary conviction to a fine not exceeding £400 " ; and (b) in section 18(2) for the words from " f o r an offence" in paragraph (b) to the end of paragraph (c) there shall be substituted the words " for any other offence " ; and 35
40
(c) in section 25(7) for paragraphs (a) and (b) there shall be substituted the words " t o a fine not exceeding one hundred pounds". (3) A t the end of section 16 there shall be added a subsection (8)—
" ( 8 ) The Ministers acting jointly may make seeds regula­
tions for the whole of Great Britain ". (4) I n section 29 (which extends Part II to seed potatoes) after
the words " s e e d p o t a t o e s " , in both places, there shall be inserted
the words " t o any other vegetative propagating material and to
silvicultural planting m a t e r i a l " , a n d at the end of that section
45 there be added as subsections (2) a n d ( 3 ) ­
" (2) T h e Forestry Commissioners may establish and main­
tain an official seed testing station for silvicultural propagating 68
E
and planting material, and seeds regulations may confer on
those Commissioners any functions the regulations may confer
on a Minister, and the Commissioners may charge or authorise
the charging of fees for services given at any such station or
in connection with any such functions ; and accordingly—
5
(a) references in this Part of this Act to an authorised officer
shall include an officer of those Commissioners; and
(b) in section 25 above the references in subsections (3),
(4) and (6) to a person duly authorised by the Minister
shall include a person duly authorised by the Com- JQ
missioners.
;
Any expenses incurred or fees received by the Commissioners
by virtue of this subsection shall be paid out of or into the
Forestry Fund.
(3) In relation to matters concerning silvicultural propagating 15
or planting material or concerning the Forestry Commissioners, ­
' t h e Minister' shall in this Part of this Act mean, in relation
to Wales and Monmouthshire, the Secretary of State, and
the reference in section 16(8) to the Ministers shall be construed
accordingly."
20
Accordingly in section 30(1) in the definition of " official testing
s t a t i o n " there shall be omitted the words " by the Minister or
Ministers ", and in section 38(1) in the definition of " the Minister "
after the word " means " there shall be inserted the words " (subject
to section 29(3)) ".
25
(5) I n section 10(1) for the name " Plant Variety Rights T r i b u n a l "
there shall be substituted the name " Plant Varieties and Seeds
T r i b u n a l " , and in paragraph 5(1) of Schedule 4 there shall be added
at the end of paragraph (b) (which sets up, to furnish members of
the Tribunal, a panel of persons with specialised knowledge) the 30
words " or of the seeds industry ".
(6) In Part I I I of Schedule 1 to the House of Commons Disqualifi­
cation Act J957, as amended by the Plant Varieties and Seeds Act
1964 (both for the Parliament of the United Kingdom and for the
Parliament of Northern Ireland), and in Schedule 1 to the Tribunals 35
and Inquiries Act 1971, for the name ' Plant Variety Rights Tribunal'
there shall be substituted in each place the name "Plant Varieties , \
a n d Seeds T r i b u n a l ' . "
E: Fertilisers and Feeding Stuffs
6. After section 74 of the Agriculture Act 1970 there shall be 40
inserted as a new seotion 74A—
" 74A.—(1) Regulations under this Part of this Act, with a
view to controlling in the public interest the composition or
content of fertilisers and of material intended for the feeding of
animals, may make provision—
45
(a) prohibiting or restricting, by reference^to its composition
or content, the importation into and exportation from '
the United Kingdom, the sale or possession with a
view t o sale, or the use, of any prescribed material;
5
10
15
20
25
(b) regulating the marking, labelling and packaging of
prescribed material and the marks to be applied to
any container or vehicle in which any prescribed
material is enclosed or conveyed.
(2) Regulations made under subsection (1) above with respect to any material may include provision excluding or modifying the operation in relation to that material of any other provision of this Part of this A c t ; but, subject to any provision so made, references in this Part of this Act to feeding stuffs shall apply to all material which is intended for the feeding of animals and with respect to which regulations are for the time being in force under that subsection. (3) Any person who contravenes any prohibition or restriction imposed by regulations under subsection (1) above, or fails to comply with any other provision of the regulations, shall be liable on summary conviction to a fine not exceeding £400 or, on a second or subsequent conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding three months, or to both. (4) With a view to implementing or supplementing any Com­
munity instrument relating to fertilisers or to material intended for the feeding of animals, regulations may provide for the application, in relation to any material specified in the regula­
tions, of all or any of the provisions of this Part of this Act, subject to any modifications which may be so specified." F : Animal
Health
7.—(1) In the Diseases of Animals Act 1950 there shall be made,
with effect from the entry date, the amendments provided for by
the following sub-paragraphs.
( 2 ) At the end of section 25 (imported animals to be slaughtered
on landing) there shall be added—
" other than animals of any such description as may be
prescribed by order of the Minister which are brought from a
member State and in relation to which any conditions so
prescribed are satisfied; but where Part I (slaughter) of the
35
First Schedule to this Act is under this section not to apply
* to animals so brought, the Minister may by order provide that
Part I I (quarantine) and Part III (ancillary provisions) shall
apply, with or without modification.
30
40
45
An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament." (3) After section 36 there shall be inserted a new section 36A—
" 36A. The Minister may by order make provision in the
interests of animal health or of human health, for regulating the
exportation from Great Britain to a member State of animals
or poultry or carcases thereof, and in particular for prohibiting
exportation without such certificate or licence as may be pre­
scribed by the order, and as to the circumstances in which and
conditions on which a certificate or licence may be obtained ". 68
E2 *
SCH. 4
SCH. 4
(4) In section 49(l)(c) (control of import of poultry) after the word
" p o u l t r y " , in the first two places where it occurs, there shall be
inserted the words " or carcases of poultry ".
(5) A t the end of section 19(6) (power to withhold or reduce
compensation for slaughter of animal imported when diseased) there 5
shall be added the words " or, before or while being brought from
a member State, exposed to the infection of disease ".
G : Plant Health
8 . - ( 1 ) In the Plant Health Act 1967 there shall be made, with
effect from the entry date, the amendments provided for by the 10
following sub-paragraphs.
(2) In section 1(1) (by which the Act has effect for the control in
Great Britain of plant pests and diseases) the words " i n Great
Britain " shall be omitted ; and—
(a) in section 2(1) and section 3(1) (orders for control of pests) 15
after the words " thinks e x p e d i e n t " there shall be inserted
the words " or called for by any Community obligation " ;
(6) at the end of section 3(1), after the words " preventing the
spread of pests in Great B r i t a i n " , there shall be added the
words " or the conveyance of pests by articles exported 20
from Great Britain " ;
(c) in section 3(5) (which extends the time limit for summary
prosecutions of certain offences) there shall be omitted the
words " where the offence is one in connection with the
movement, sale, consignment or planting of potatoes". 25
(3) Section 3(2) and section 4(1) (which provide for the removal
or destruction of infected crops etc. and the entry on land for the
purpose) shall be amended as follows: —
(a) in section 3(2)(a) and (b) after the word " r e m o v a l " there
shall be inserted the word " treatment", and in section 30
3(2)(a) after the words " any seed, plant or part thereof"
there shall be inserted the words " o r any container,
wrapping or other article " ; and
(b) in section 4(l)(a)(i) after the word " r e m o v e " and after
the word " r e m o v e d " there shall be inserted respectively 35
the word " t r e a t " and the word " treated", and after
the words " a n y seed, plant or part thereof" there shall
be inserted the words " or any container, wrapping or
other article, or any substance " ; and
(c) in section 3(2)(6) and in section 4(1)(&) after the words " on ^0
any l a n d " there shall be inserted the words " o r
elsewhere ".
(4) At the end of section 6(1) there shall be added the words "
in the case of an order prohibiting or regulating the landing in
exportation from Great Britain of any articles, shall be subject
annulment in pursuance of a resolution of either House
Parliament".
v
or,
or
to ^5
of
H : Road Vehicles [Driving under Age, and Drivers' Hours)
9 . - ( 1 ) In section 4(4) of the Road Traffic Act 1972 (offence of
driving below the permitted age) there shall be added at the end the
words " and this subsection shall apply to a contravention in Great
5 Britain of any directly applicable Community provision relating to
the driving of road vehicles on international journeys, being a pro­
vision as to the minimum age for driving a vehicle of any description,
as it applies to a contravention of the provisions of this section ".
(2) In Part V I of the. Transport Act 1968, in section 103(1), after
10 the definition of " employer " there shall be inserted the words " ' the
international r u l e s ' means any directly applicable Community pro­
vision relating to the driving of road vehicles on international
journeys " ; and—
15. .
20 1
25 c
30
35
40
45
50
(a) after section 96(11) there shall be inserted as subsection
(11A)­
" ( 1 1 A) Where, in the case of a driver or member of
the crew of a motor vehicle, there is in Great Britain a
contravention of any requirement of the international
rules as to periods of driving, or distance driven, or
periods on or off duty, then the offender and any other
person (being the offender^ employer or a person to
whose orders the offender was subject) who caused or
permitted the contravention shall be liable on summary
conviction to a fine not exceeding £200 " ;
and in section 98(4) (failure to comply with regulations as
to keeping of records etc.) after the words "regulations
made under this section " there shall be inserted the words
" o r any requirement as to books or records of the inter­
national r u l e s " , in section 98(5) after the words " o f
regulations under this section" there shall be inserted the
words " o r of the international r u l e s " , and in section
99(5) (falsification of records) after the words "regula­
tions under section' 98 thereof" there shall be inserted the
words " or the international rules " ;
(b) in section 99(1) (power of enforcement officer to inspect
records and other documents) there shall be inserted after
paragraph (c)—
" id) any corresponding book, register or document
required by the international rules or which the officer
may reasonably, require to inspect for the purpose of
ascertaining whether the requirements of the international
rules have been complied with " ;
and in section 99(3) after the words "subsection ( l ) ( a ) "
there shall be inserted " or id)" ;
(c) in section 98(2) (power to make provision supplementary
and incidental to the provision made under section 98(1) as
to the keeping of books and records) there shall be inserted
after the words " supplementary and incidental provisions "
the words "including provisions supplementary and inciden­
tal to the requirements of the international rules as to
books and records ", and after the words " for the purpose
of the regulations" in paragraph (a) the words " o r of the
international rules ".
(3) At the end of section 95(1) of the Transport Act 1968 there
shall be added the words—
" b u t the Secretary of State may by regulations m a k e such
provion supplemental or incidental to, or by way of adaptation
of, this Part of this Act as is in his opinion called for to take
account, in relation to journeys and work to which the inter­
national rules apply, of the operation of those rules and to
ensure compatibility of operation between section 96(1) to (9)
as they apply to other journeys and work and the international
rules ; and regulations made under this subsection—
(a) may in particular make exceptions from the operation
of section 96(1) to (6), and include provision as to the
circumstances in which a period of driving.or duty to
which the international rules apply is to be included
or excluded in reckoning any period for purposes of
section 96(1) to ( 6 ) ; and
(b) may contain such transitional and supplementary provisions as the Secretary of State thinks necessary or
expedient;
and a reference to the international rules shall be deemed to
be included in any reference to this Part of this Act in
sections 35(2)(fc), 62(4)(b) and 64(2)(c) of this Act and in paragraph 2(5) of Schedule 9 thereto."
5
10
15
20
25
(4) In the following provisions as amended by the Transport Act
1968 (which, as so.amended, allow records kept under Part VI of that
Act to be inspected), that is to say, in section l l ( l ) ( a ) of the Road
Haulage Wages Act 1938 and in section 19(3)(6) of the Wages 30
Councils Act 1959, after the words " Part V I of the Transport Act
1968 " there shall be inserted the words " o r of the international rules
within the meaning of the said Part V I " ; and in S c h e d u l e d to the
Road Traffic (Foreign Vehicles) Act 1972, in the entry relating to
sections 96 to 98 of the Transport Act 1968 and regulations and 35
orders thereunder, there shall be added at the end of the words in
the first column the words " a n d the international rules within the
meaning of Part V I of that Act ".
I : Road Transport (International Passenger Services)
10. In section 160(1) of the Road Traffic Act 1960 (regulations 40
with respect to licensing of public service vehicles), in para­
graph (k) after the word " vehicles" there shall be inserted the
words "registered elsewhere than in Great Britain o r " and the
following shall be added at the end of the subsection: .
" (I) exempting vehicles from the requirement of a road service 45
licence when used under an authorisation granted in pur­
suance of any directly applicable Community provision
regulating the provision of international passenger-carrying
road transport services;
(m) requiring documents of any prescribed description relevant
to the administration or enforcement of any such Com­
munity provision to be kept and produced on demand for
the inspection of a prescribed person ;
5
(n) prescribing persons to act as authorised inspection officers
for the purposes of any such Community p r o v i s i o n ; "
and at the end of section 239 of that Act (penalty for contravention
of regulations) there shall be inserted the words " and where any
such directly applicable Community provision as is referred to in
10 section 160(1)(/) of this Act requires the keeping or production of
any document, any person who contravenes that requirement shall
be guilty of an offence under this section."
SCH. 4
D R A F T
OF
A
B I L L To make provision in connection with
the enlargement of the European Com­
munities to include the United Kingdom,
together with (for certain purposes) the
Channel Islands, the Isle of Man and
Gibraltar.
LIX-B (4) 18th
68—4
January,
(371610)
1972
45/2