European Communities Act 1972 (UK)

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The European Communities Act (1972 c. 68) is the Act of the United Kingdom Parliament providing for the incorporation of European Community law into the domestic legal order of the United Kingdom. It is not to be confused with the European Communities Act 1972 (Ireland) which did the same thing for the Republic of Ireland.

Its main significance is that (apart from being the instrument whereby the UK was able to accede to the European Union (or 'European Communities' as then termed) it enables under section 2(2) for Government ministers to lay regulations before Parliament to implement required changes to UK law (for example, Decisions of the European Court of Justice and EU Directives). It also provides in S 2(4) that all UK legislation, including primary legislation (Acts of Parliament) shall have effect "subject to" directly applicable EC 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 departure from the English constitutional doctrine of Parliamentary Sovereignty (see Facrotame: Sovereignty and the EU).

If the UK Parliament voted for the UK to leave the European Union, then the only action that would need to be taken would be a Parliamentary decision to repeal this Act. The European Union would be powerless to prevent the UK from leaving, although this eventuality is very unlikely.