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Statutory Instruments

2011 No. 1043

European Union

The Treaty of Lisbon (Changes in Terminology) Order 2011

Made

28th March 2011

Laid before Parliament

1st April 2011

Coming into force

22nd April 2011

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

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

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

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

PART 1 Citation and Commencement

Citation

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

Commencement

2. This Order comes into force on 22nd April 2011.

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

Application

3. —(1) The amendments made by this Part apply to provisions contained in—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament, or

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

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

(a) an instrument falling within article 8(1),

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

(c) the European Communities Act 1972,

(d) the Interpretation Act 1978 ,

(e) the European Union (Amendment) Act 2008,

(f) the title of an Act or statutory instrument,

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

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

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

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

European Community – European Union

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

(2) Paragraph (1) does not apply to—

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

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

Article 310 of the Treaty of Amsterdam

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

“Community”

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

(a) Community treaties,

(b) Community customs duty,

(c) Community institution,

(d) Community instrument,

(e) Community obligation, and

(f) enforceable Community right.

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

(a) Community law,

(b) Community legislation, and

(c) Community provision.

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

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

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

Miscellaneous

7. Schedule 1, which contains miscellaneous amendments, has effect.

PART 3 Amendments to certain legislation relating to Wales

Application

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

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

(a) the title of a statutory instrument,

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

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

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

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

European Community – European Union

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

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

(3) Paragraph (1) does not apply to—

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

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

(4) Paragraph (2) does not apply to—

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

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

Terms defined by the European Communities Act 1972

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

(a) Community treaties,

(b) Community customs duty,

(c) Community institution,

(d) Community instrument,

(e) Community obligation, and

(f) enforceable Community right.

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

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

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

(c) sefydliad Cymuned or sefydliad Cymunedol (Community institution),

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

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

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

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

(a) Community law;

(b) Community legislation;

(c) Community provision.

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

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

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

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

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

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

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

Miscellaneous

11. Schedule 2, which contains miscellaneous amendments, has effect.

David Lidington

Minister of State for Europe

Foreign and Commonwealth Office

Article 7

SCHEDULE 1 Miscellaneous Amendments

PART 1 Acts of Parliament

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

(7) In subsection (6) above “ Community goods ” means goods which satisfy the conditions laid down in Articles 28 and 29 of the Treaty on the Functioning of the European Union.

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

PART 2 Statutory instruments

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

Community goods ” means goods which fulfil the conditions of Article 28 of the Treaty on the Functioning of the European Union;

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

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

(b) regulation 4(2).

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

(2) In Article 1(2)—

(a) omit the definition of “Community Licence”, and

(b) after the definition of “exportation” insert—

EU Licence ” means an authorisation granted by the Secretary of State (whether before or after commencement of this Order) under the Regulation; .

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

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

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

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

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

10. —(1)The Supply of Machinery (Safety) Regulations 2008 are amended as follows.

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

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

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

11. —(1)The Sea Fishing (Recovery Measures) Order 2008 is amended as follows.

(2) In article 3(1)—

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

(b) after the definition of “equivalent provision” insert—

EU fishing boat ” means a fishing boat flying the flag of, and registered in, a member State, other than a relevant fishing boat; .

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

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

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

14. —(1)The Provision of Services Regulations 2009 are amended as follows.

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

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

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

PART 3 Scottish statutory instruments

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

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

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

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

Article 11

SCHEDULE 2 Wales: Miscellaneous Amendments

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

(2) In regulation 2—

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

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

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

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

(5) In regulation 2—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) In the following provisions for “EC” substitute “ EU ”

(a) regulation 15(d),

(b) regulation 69(4)(d),

(c) regulation 85(23)(d),

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

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

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

(g) paragraph 6(c) of Schedule 4.

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

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

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

(a) regulation 15(ch),

(b) regulation 69(4)(ch),

(c) regulation 85(23)(ch),

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

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

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

(g) paragraph 6(c) of Schedule 4.

Status: There are currently no known outstanding effects for the The Treaty of Lisbon (Changes in Terminology) Order 2011.
The Treaty of Lisbon (Changes in Terminology) Order 2011 (2011/1043)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Sch. 1 para. 7 revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275) , reg. 1(1) , Sch. 3 Pt. 2 (with reg. 5 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Sch. 1 para. 8 revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275) , reg. 1(1) , Sch. 3 Pt. 2 (with reg. 5 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1See the European Communities (Designation) (No. 5) Order 2009.
M21972 c.68 ; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51) , section 27(1) and by the European Union (Amendment) Act 2008 (c. 7) , Schedule 1 .
M32008 c.7 .
M4The power of the Minister to make regulations in relation to matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46) .
M51978 c.30
M61979 c.2 .
M71994 c.22 .
M8S.I. 1984/1177 .
M9S.I. 1992/2790 , amended by S.I. 2004/3284 and S.I. 2009/2974 ; there are other amending instruments but none is relevant.
M10S.I. 2003/2759 , amended by S.I. 2009/2164 .
M11S.I. 2004/3279 , amended by S.I. 2005/2626 ; S.I. 2005/3254 and S.S.I 2005/616.
M12S.I. 2006/1179 , amended by S.I. 2007/2790 .
M13S.I. 2008/1597 .
M14S.I. 2008/2347 .
M15S.I. 2009/1299 .
M16S.I. 2009/1361 .
M17S.I. 2009/2999 .
M18S.S.I. 2006/1 .
M19S.S.I. 2006/2 .
M20S.S.I. 2006/230 .
M21S.S.I. 2009/225 .
M22S.I. 2006/1704 (W.166).
M23S.I. 2008/2141 (W.190).
M24S.I. 2009/1372 (W.142).
M25S.I. 2009/2737 (W.235).
Defined TermSection/ArticleIDScope of Application
Cymunedart. 9. of PART 3Cymuned_rtkekZk
Cymunedauart. 9. of PART 3Cymunedau_rtmkCGB
darpariaeth Gymunedart. 10. of PART 3darpariaet_rtPkE6u
darpariaeth Gymunedolart. 10. of PART 3darpariaet_rtnTehO
darpariaeth Gymunedol benodedigart. 10. of PART 3darpariaet_rtg7XyM
darpariaeth y Gymunedart. 10. of PART 3darpariaet_rtwgGfU
specified Community provisionart. 10. of PART 3specified__rtkxH0N
specified Community provisionart. 6. of PART 2specified__rtx9gR5

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.