European Union Bill (HL Bill 74)

European Union BillPage 10

(3) Subsection (2) applies to a decision under Article 48(7) of TEU which in relation
to a provision of TFEU applies the ordinary legislative procedure in place of a
special legislative procedure not requiring the Council to act unanimously.

(4) A Minister of the Crown may not confirm the approval by the United Kingdom
5of a decision under Article 218(8) of TFEU for the accession of the European
Union to the European Convention for the Protection of Human Rights and
Fundamental Freedoms in accordance with Article 6(2) of TEU unless
Parliamentary approval has been given in accordance with this section.

(5) Parliamentary approval is given if—

(a) 10in each House of Parliament a Minister of the Crown moves a motion
that the House approves Her Majesty’s Government’s intention to
support the adoption of a specified draft decision, and

(b) each House agrees to the motion without amendment.

Further provisions about referendums held in pursuance of section 2, 3 or 6

11 15Persons entitled to vote in referendum

(1) The persons entitled to vote in any referendum held in pursuance of section 2,
3 or 6 are to be as follows—

(a) the persons who, on the date of the referendum, would be entitled to
vote as an elector at a parliamentary election in a constituency in the
20United Kingdom;

(b) the persons who, on that date, are disqualified by reason of being peers
from voting as electors in parliamentary elections but—

(i) would be entitled to vote as electors at a local government
election in any electoral area in Great Britain,

(ii) 25would be entitled to vote as electors at a local election in any
district electoral area in Northern Ireland, or

(iii) would be entitled to vote as electors at a European
Parliamentary election in any electoral region by virtue of
section 3 of the Representation of the People Act 1985 (peers
30resident outside the United Kingdom);

(c) if the referendum is also held in Gibraltar, the Commonwealth citizens
who, on the date of the referendum, would be entitled to vote in
Gibraltar at a European Parliamentary election in the combined
electoral region in which Gibraltar is comprised.

(2) 35In subsection (1)(b)(i) “local government election” includes a municipal
election in the City of London (that is, an election to the office of mayor,
alderman, common councilman or sheriff and also the election of any officer
elected by the mayor, aldermen and liverymen in common hall).

12 Separate questions

40If a referendum is to be held in pursuance of any of sections 2, 3 and 6 in
relation to two or more treaties or decisions, or in relation to one or more
treaties and one or more decisions, a separate question must be included on the
ballot paper in relation to each treaty or decision.

European Union BillPage 11

13 Role of Electoral Commission

Where an Act provides for a referendum to be held in pursuance of section 2,
3 or 6, the Electoral Commission—

(a) must take whatever steps they think appropriate to promote public
5awareness of the referendum and how to vote in it, and

(b) may take whatever steps they think appropriate to promote public
awareness of the subject-matter of the referendum.

Supplementary

14 Consequential amendments and repeals relating to Part 1

(1) 10In section 5 of the European Union (Amendment) Act 2008 (amendment of
founding treaties)—

(a) in subsection (2), for the words from “amends” onwards substitute
“amends the Treaty establishing the European Atomic Energy
Community (signed at Rome on 25th March 1957).”, and

(b) 15accordingly, in the heading, for “founding treaties” substitute
“Euratom Treaty”.

(2) In section 23 of the Constitutional Reform and Governance Act 2010 (section 20
of that Act not to apply to certain descriptions of treaties), in subsection (1)—

(a) omit paragraph (a),

(b) 20in paragraph (b), for “founding Treaties” substitute “Treaty
establishing European Atomic Energy Community”, and

(c) at the end insert—

(c) a treaty that is subject to a requirement imposed by Part
1 of the European Union Act 2011 (restrictions on
25treaties and decisions relating to EU).

(3) The following enactments (which are superseded by the provisions of this Part)
are repealed—

(a) section 2 of the European Communities (Amendment) Act 1993,

(b) section 1(2) and (3) of the European Communities (Amendment) Act
302002,

(c) section 12 of the European Parliamentary Elections Act 2002, and

(d) section 6 of the European Union (Amendment) Act 2008.

Part 2 Implementation of transitional Protocol on MEPs

15 35Protocol on MEPs: approval, and addition to list of treaties

(1) The Protocol amending the Protocol (No. 36) on transitional provisions
annexed to the Treaty on European Union, to the Treaty on the Functioning of
the European Union and to the Treaty establishing the European Atomic
Energy Community, signed at Brussels on 23 June 2010, is approved for the
40purposes of section 5 of the European Union (Amendment) Act 2008
(amendment of founding Treaties: approval by Act of Parliament).

(2) In section 1(2) of the European Communities Act 1972, in the definition of “the

European Union BillPage 12

Treaties”, after paragraph (s) insert—

(None) and

(t) the Protocol amending the Protocol (No. 36) on transitional
provisions annexed to the Treaty on European Union, to the
5Treaty on the Functioning of the European Union and to the
Treaty establishing the European Atomic Energy Community,
signed at Brussels on 23 June 2010;.

16 Number of MEPs and electoral regions

(1) Section 1 of the European Parliamentary Elections Act 2002 is amended as
10follows.

(2) In subsection (1) (number of members of the European Parliament) for “72”
substitute “73”.

(3) In subsection (3) (electoral regions) for the entry relating to the West Midlands
substitute—

West Midlands 157

17 Election of additional MEP

(1) The additional seat allocated to the West Midlands electoral region by virtue of
section 16 is to be filled by applying subsections (5) to (9) of section 2 of the 2002
Act (voting system in Great Britain and Gibraltar) to the results of the poll at
20the general election of members of the European Parliament held on 4 June
2009, as if the seat had been allocated to the region at that date.

(2) Subsection (1) is subject to Schedule 2 which makes further provision about the
filling of the additional seat.

(3) This section and Schedule 2—

(a) 25cease to have effect on the date appointed under section 4 of the 2002
Act as the date of the poll at the next general election of members of the
European Parliament after the passing of this Act, and

(b) do not affect the procedure to be followed in accordance with
regulations made under section 5 of the 2002 Act if, after being filled in
30accordance with this section and Schedule 2, the additional seat
subsequently becomes vacant before that date.

(4) In this section and in Schedule 2 “the 2002 Act” means the European
Parliamentary Elections Act 2002.

European Union BillPage 13

Part 3 General

Status of EU law

18 Status of EU law dependent on continuing statutory basis

5By virtue of the European Communities Act 1972 directly applicable or directly
effective EU law (that is, the rights, powers, liabilities, obligations, restrictions,
remedies and procedures referred to in section 2(1) of the European
Communities Act 1972) falls to be recognised and available in law in the United
Kingdom.

10Final provisions

19 Financial provisions

(1) There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

(2) 15There is to be charged on and paid out of the Consolidated Fund any increase
attributable to this Act in the sums charged on and paid out of that Fund under
any other Act.

20 Extent

(1) This Act extends to the whole of the United Kingdom.

(2) 20Part 2 (and this section and sections 21 and 23 so far as relating to that Part)
extend also to Gibraltar.

21 Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) 25section 15;

(b) this Part.

(2) The other provisions of this Act come into force on such day as the Secretary of
State may by order made by statutory instrument appoint.

(3) Different days may be appointed for different purposes.

22 30Duration of Part 1 and Schedule 1

(1) Part 1 and Schedule 1 shall expire on the day on which the Parliament in which
this Act is passed dissolves.

(2) In subsequent Parliaments, the Secretary of State may by order provide that
Part 1 and Schedule 1 shall be deemed to have been revived from the beginning
35of the Parliament in which the order is made.

European Union BillPage 14

(3) An order under subsection (2) shall provide that Part 1 and Schedule 1 shall
expire on the day on which the Parliament in which the order is made
dissolves.

(4) An order under subsection (2)

(a) 5must be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by
a resolution of each House of Parliament.

23 Short title

This Act may be cited as the European Union Act 2011.

European Union BillPage 15

SCHEDULES

Sections 4 and 6

SCHEDULE 1 Treaty provisions where amendment removing need for unanimity, consensus
or common accord would attract referendum

5Part 1 Provisions of the Treaty on European Union

Article 7(2) (determination by European Council of existence of serious and
persistent breach by member State of values referred to in Article 2).

Article 14(2) (composition of European Parliament).

10Article 15(4) (decisions of European Council require consensus).

Article 17(5) (number of, and system for appointing, Commissioners).

Article 19(2) (appointment of Judges and Advocates-General of European
Court of Justice).

Article 22(1) (identification of strategic interests and objectives of the EU).

15Chapter 2 of Title V (specific provisions on the common foreign and security
policy).

Article 48(3), (4), (6) and (7) (treaty revision procedures).

Article 49 (application for EU membership).

Article 50(3) (decision of European Council extending time during which
20treaties apply to state withdrawing from EU).

Part 2 Provisions of the Treaty on the Functioning of the European Union

Article 19(1) (measures to combat discrimination based on sex, racial or
ethnic origin, religion or belief, age or sexual orientation).

25Article 21(3) (measures concerning social security or social protection).

Article 22(1) (arrangements to enable EU citizens living in another member
State to stand and vote in local elections in the State in which they reside).

Article 22(2) (arrangements to enable such persons to stand and vote in
elections to the European Parliament in the State in which they reside).

30Article 25 (provisions to strengthen or add to the rights of EU citizens listed
in Article 20(2) of TFEU).

European Union BillPage 16

Article 77(3) (provisions concerning passports, identity cards, residence
permits etc.).

Article 82(2)(d) (minimum rules on criminal procedure).

Article 83(1) (decision identifying other areas of crime to which provision is
5to apply).

Article 86(1) and (4) (European Public Prosecutor’s Office).

Article 87(3) (police co-operation).

Article 89 (cross-border operation by competent authorities).

Article 113 (harmonisation of indirect taxes).

10Article 115 (approximation of national laws affecting internal market).

Article 121(2) (broad guidelines of economic policies), so far as relating to a
conclusion of the European Council.

Article 126(14) (adoption of provisions replacing the protocol on the
excessive deficit procedure).

15Article 127(6) (conferral on European Central Bank of specific tasks relating
to prudential supervision).

Article 153(2)(b) (measures on working conditions, social security etc.).

Article 155(2) (agreements at EU level between management and labour).

Article 192(2) (adoption of certain environmental measures).

20Article 194(3) (energy measures that are primarily of a fiscal nature).

Article 203 (decisions establishing procedure for association of countries and
territories with the EU).

Article 218(8) (certain international agreements).

Article 222(3) (decisions on implementation of solidarity clause having
25defence implications).

Article 223(1) (uniform procedures for elections to European Parliament).

Article 311 (own resources decisions).

Article 312(2) (laying down of multi-annual financial framework).

Article 332 (decisions to allow expenditure on enhanced co-operation to be
30borne by member States other than those participating).

Article 333(1) and (2) (enhanced co-operation).

Article 346(2) (changes to list of military products exempt from internal
market provisions).

Article 352(1) (measures to attain objectives of EU in cases where treaties
35have not provided the necessary powers).

European Union BillPage 17

Section 17

SCHEDULE 2 Election of additional MEP

Interpretation

1 In this Schedule—

  • 5“list of candidates”, in relation to a registered party, means the list of
    candidates that accompanied the party’s nomination paper for the
    general election of members of the European Parliament held on 4
    June 2009, in accordance with rules 6 and 7 of the European
    Parliamentary elections rules in Schedule 1 to the European
    10Parliamentary Elections Regulations 2004 (S.I. 2004/293S.I. 2004/293);

  • MEP” means a Member of the European Parliament;

  • “nominating officer”, in relation to a registered party, has the meaning
    given by section 5(5) of the 2002 Act;

  • “registered party” has the meaning given by section 2(10) of the 2002
    15Act.

Allocation to a registered party

2 (1) The returning officer for the West Midlands electoral region must ascertain
the registered party to which the additional seat provided for by section 16
falls to be allocated in accordance with section 17(1).

(2) 20In the following provisions, that registered party is referred to as “the
qualifying party”.

3 (1) The returning officer must ascertain from the qualifying party’s list of
candidates the name and address of the person whose name appears highest
on that list (“the first choice”), disregarding the name of any person who has
25been returned as an MEP or who has died.

(2) The returning officer must take such steps as the returning officer considers
reasonable to contact the first choice to ask whether he or she will—

(a) state in writing that he or she is willing and able to be returned as an
MEP, and

(b) 30deliver a certificate, signed by or on behalf of the nominating officer
of the qualifying party, stating that he or she may be returned as that
party’s MEP.

4 (1) This paragraph applies where—

(a) within such period as the returning officer considers reasonable, the
35returning officer decides that steps taken to contact the first choice
have been unsuccessful,

(b) the first choice has not provided to the returning officer, within such
period as the returning officer considers reasonable, the statement
and certificate referred to in paragraph 3(2), or

(c) 40the first choice has provided to the returning officer a statement in
writing that he or she is not willing or able to be returned as an MEP.

(2) The returning officer must ascertain from the qualifying party’s list of
candidates the name and address of the person whose name appears next in
the qualifying party’s list of candidates (“the subsequent choice”),
45disregarding the name of any person who has died.

European Union BillPage 18

(3) The returning officer must take such steps as the returning officer considers
reasonable to contact the subsequent choice to ask the question in paragraph
3(2)(a) and (b).

5 (1) This paragraph applies where—

(a) 5within such period as the returning officer considers reasonable, the
returning officer decides that the steps taken to contact the
subsequent choice have been unsuccessful,

(b) the subsequent choice has not provided to the returning officer,
within such period as the returning officer considers reasonable, the
10statement and certificate referred to in paragraph 3(2), or

(c) the subsequent choice has provided to the returning officer a
statement in writing that he or she is not willing or able to be
returned as an MEP.

(2) The returning officer must repeat the procedure under paragraph 4(2) and
15(3) until—

(a) the seat is filled, or

(b) there are no more names on the qualifying party’s list of candidates.

6 Where—

(a) the returning officer has, in accordance with this Schedule, asked a
20subsequent choice the questions in paragraphs 3(2)(a) and (b), and

(b) a person who was previously asked those questions (“the prior
choice”) then provides the statement and certificate referred to in
that paragraph,

the statement and certificate provided by the prior choice are to have no
25effect unless and until any of the circumstances described in paragraph
5(1)(a), (b) or (c) apply in respect of the subsequent choice.

7 (1) Where on being asked under paragraphs 3 to 5 by the returning officer a
person whose name appears on the qualifying party’s list of candidates
provides the statement and certificate referred to in paragraph 3(2)(a) and
30(b), the returning officer must—

(a) declare in writing that person to be returned as an MEP, and

(b) prepare a statement containing the information specified in sub-
paragraph (2).

(2) The statement must specify—

(a) 35the total number of valid votes (as notified to the returning officer)
given to each registered party at the general election of members of
the European Parliament held on 4 June 2009, and

(b) the number of votes which each party to which a seat has been
allocated had after the application of subsections (5) to (9) of section
402 of the 2002 Act (including that section as applied by section 17(1))
at any stage when a seat was allocated to the party.

(3) The returning officer must—

(a) give public notice of a declaration given and a statement prepared
under this paragraph, and

(b) 45send a copy of the notice and statement to the Secretary of State.

European Union BillPage 19

By-election if seat not filled from qualifying party’s list of candidates

8 (1) This paragraph applies where the additional seat cannot be filled in
accordance with paragraphs 3 to 7.

(2) The returning officer must notify the Secretary of State that the seat cannot
5be filled in accordance with paragraphs 3 to 7.

(3) A by-election is to be held to fill the seat.

(4) The by-election is to take place on a day specified by order of the Secretary
of State.

(5) The by-election is to be conducted in accordance with regulations made
10under the 2002 Act.

9 (1) An order under paragraph 8(4) is to be made by statutory instrument.

(2) A statutory instrument containing such an order is to be laid before
Parliament after being made.