Sec. 4. European Communities Act 2007

4.

Power to give effect to European acts under statutes other than Act of 1972.

Power to give effect to European acts under statutes other than Act of 1972.

4.— (1) A power to make a statutory instrument conferred on a Minister of the Government by a provision of a statute may be exercised for the purpose of giving effect to a European act if the obligations imposed on the State under the European act concerned relate, in whole, to matters to which that provision relates.

(2) A statutory instrument made for a purpose referred to in subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government making the statutory instrument to be necessary for the purposes of the statutory instrument (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act, the Act of 1972 and the provision of the statute under which the statutory instrument is made).

(3) Where a statutory instrument is made for a purpose referred to in subsection (1), the statutory instrument, or the preamble or recital to the statutory instrument, shall specify the European act to which the statutory instrument gives effect.

(4) Section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 shall not apply to a power to make a statutory instrument for a purpose referred to in subsection (1).

(5) This section applies to a power that, but for this section, would not be exercisable for the purpose of giving effect to a European act.

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