Statements by Lord Denning, M.R., vividly describing the impact of European Community Legislation are increasingly being used by lawyers and others to express their concern for its effect not only on our legal system but on other sectors of our society, changes which all must accept and to which they must adapt. A popular saying of the noble Lord is “The Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back”. The impact has more recently become impressive in food law but probably less so than in commerce or industry, with scarcely any sector left unmolested. Most of the EEC Directives have been implemented by regulations made under the appropriate sections of the Food and Drugs Act, 1955 and the 1956 Act for Scotland, but regulations proposed for Materials and Articles in Contact with Food (reviewed elsewhere in this issue) will be implemented by use of Section 2 (2) of the European Communities Act, 1972, which because it applies to the whole of the United Kingdom, will not require separate regulations for England and Wales, Scotland and Northern Ireland. This is the first time that a food regulation has been made under this statute. S.2 (2) authorises any designated Minister or Department to make regulations as well as Her Majesty Orders in Council for implementing any Community obligation, enabling any right by virtue of the Treaties (of Rome) to be excercised. The authority extends to all forms of subordinate legislation—orders, rules, regulations or other instruments and cannot fail to be of considerable importance in all fields including food law.
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