European Communities Act 1972 (UK)

European Communities Act 1972
Dates
Parliament of the United Kingdom
Long title	An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar.
Citation	1972 c. 68
Territorial extent	United Kingdom & Gibraltar
Royal assent	17 October 1972
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The European Communities Act 1972 (c. 68) is an Act of the Parliament of the United Kingdom providing for the incorporation of European Union law (originally Community law) into the domestic law of the United Kingdom.

Overview

The primary significance of the EC Act 1972 is that (apart from being the instrument whereby the UK was able to join the European Economic Community (now: the European Union) it enables under section 2(2) for Government ministers to lay regulations before Parliament to transpose Community/Union texts into formal UK law (for example, EU Directives and rulings of the European Court of Justice). It also provides in section 2(4) that all UK legislation, including primary legislation (Acts of Parliament) shall have effect "subject to" directly applicable EU Law. In the famous Factortame case, the House of Lords (Lord Bridge) has interpreted this provision as inserting an implied clause into all UK statutes that they shall not apply where they conflict with European law, in what was seen as a major violation of the British constitutional doctrine of Parliamentary Sovereignty.

The repeal of this Act would render European Union law unenforceable in the United Kingdom & Gibraltar, and would immediately return the powers delegated to the EU to the Parliament of the United Kingdom. ^[1]

Section 11 - Community offences

Section 11(2) appears to implement Article 194 of the Treaty Establishing the European Atomic Energy Community done at Rome on 25 March 1957. It must be construed and the Official Secrets Acts 1911 to 1939 have effect, as if it were contained in the Official Secrets Act 1911 but so that sections 10 and 11, except section 10(4), do not apply.^[2]

Notes

↑ Akehurst, Michael; Malanczuk, Peter (1997). Akehurst's modern introduction to international law. London: Routledge. pp. 65–66. ISBN 978-0-415-11120-1.
↑ The European Communities Act 1972, section 11(2), final paragraph.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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