Article 36 Power to give effect to assimilated and other international obligations, etc.F6

(1)

Regulations may provide that the provisions of this Part shall have effect with such modifications as may be prescribed for the purpose of F1...—

F2(a)

giving effect to any F3assimilated obligation or exercising any related right; or

(b)

F4enabling Her Majesty’s Government in the United Kingdom to give effect to any obligation or exercise any related right under any international agreement to which the United Kingdom is for the time being a party.

(2)

In this Article—

“regulations”
1. (a)
  in relation to any F5assimilated obligation, means regulations made by the Department; and
2. (b)
  in relation to any international agreement, means regulations made by the Secretary of State;
“related right”, in relation to an obligation, includes any derogation or other right to make more onerous provisions available in respect of that obligation.

(3)

Regulations under this Article made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament in the like manner as a statutory instrument and section 5 of the 1946 c.36. Statutory Instruments Act 1946 shall apply accordingly.

Annotations

Textual amendments

F1: Words in art. 36(1) omitted (31.12.2020) by virtue of The Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/582), regs. 1(1), 3(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2: Art. 36(1)(a) substituted (31.12.2020) by The Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/582), regs. 1(1), 3(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in art. 36(1)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 43(2)
F4: Words in art. 36(1)(b) inserted (31.12.2020) by The Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/582), regs. 1(1), 3(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5: Word in art. 36(2) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 43(2)
F6: Word in art. 36 heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 43(2)

Notes on the whole Order

Textual amendments

F1: certain functions transf. by SR 1999/481