§ Lord Skelmersdale
asked Her Majesty's Government:
Whether powers exist to revoke designation orders made under Section 2(2) of the European Communities Act 1972.
§ Baroness Chalker of Wallasey
The European Communities Act 1972 does not provide express powers to revoke such orders, and Section 14 of the 1978 Interpretation Act does not extend to orders made under the 1972 Act. It is arguable that the power to make designation orders includes the power to revoke such orders, by reference to Section 2(4) of the 1972 Act. However there is a good case for concluding that Section 2(4) is limited in scope and was not intended to apply to the paragraph of Section 2(2) under which designation orders are made.
This matter is under consideration by the Joint Committee on Statutory Instruments, which will report its findings to both Houses.