Data retention directive "invalid"

Roland Perry lists at
Wed Apr 9 09:02:50 BST 2014

In article <61E52F3A5532BE43B0211254F13883AE98205553 at EXC001>, Andrew 
Cormack <Andrew.Cormack at> writes
>the 2007/9 Regulations are *secondary* legislation, created under s2(2) of the European Communities Act 1972. That allows:
>"any designated Minister or department may by order, rules, regulations or scheme , make provision-
>(a)for the purpose of implementing any EU obligation of the United Kingdom"
>So the question on the Regs is whether removing the "EU obligation" means that the implementing Regulations created under s2(2) also disappear
>automatically. I'm pretty sure that's a question of legislative procedure (the ECA itself appears to be silent on the question), rather than
>Human Rights Law. And I've no idea whether there's any precedent...

The blog I linked to yesterday, written by a Brussels attorney/lobbyist 
with an impressive CV, seems to be saying there is no precedent for 
something like this.
Roland Perry

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