Citation and interpretation

1.-(1) This Order may be cited as the European Communities (Designation) (No. 2) Order 2015 and comes into force on 13th August 2015.

(2) In this Order-

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

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

Designation in relation to public procurement

2.-(1) The Welsh Ministers are designated in relation to public procurement by contracting authorities whose functions are wholly or mainly Welsh devolved functions.

(2) In this article-

(a)"contracting authorities" has the same meaning as in regulation 2 of the Public Contracts Regulations 2015(3), or any regulation replacing that regulation, as from time to time amended; and

(b)"Welsh devolved functions" means functions which could be conferred by provision falling within the legislative competence of the National Assembly for Wales (as defined in section 108 of the Government of Wales Act 2006).

Territorial restrictions

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

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

(3) In this article-

(a)"Wales" has the meaning given by section 158(1) of the Government of Wales Act 2006(4); and

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

Relationship with other designations

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

(2) Where-

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

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

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

(3) In paragraph (2), "Minister or department" means-

(a)a Minister of the Crown or government department, including a Northern Ireland department, or

(b)the Welsh Ministers.

Amendment of the European Communities (Designation) Order 2013

5.-(1) The European Communities (Designation) Order 2013(5) is amended as follows.

(2) For "the Lord President of the Council", wherever it occurs, substitute "the Chancellor of the Duchy of Lancaster".

EXPLANATORY NOTE

(This note is not part of the Order)

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

Article 2 designates the Welsh Ministers so that they may exercise the powers conferred by section 2(2) in relation to public procurement by contracting authorities (as defined in regulation 2 of the Public Contracts Regulations 2015) whose functions are wholly or mainly within the legislative competence of the National Assembly for Wales.

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

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

Article 5 amends existing designations in relation to the European Parliament and in relation to local elections so that the Chancellor of the Duchy of Lancaster is designated instead of the Lord President of the Council.