each House agrees to the motion without amendment.
Despite any Parliamentary approval given for the purposes of subsection (1), a
Minister may not vote in favour of or otherwise support a decision under a
provision falling within any of paragraphs (a) to (c) of subsection (2) unless the
draft decision is approved by Act of Parliament.
A Minister of the Crown may not give a notification under Article 4 of the AFSJ
Protocol that the United Kingdom wishes to accept a measure to which this
subsection applies unless the notification in respect of the measure has been
approved by Act of Parliament.
The measures to which subsection (5) applies are—
a measure adopted under a provision described in any of paragraphs
(a) to (c) of subsection (2), or
a measure established under Article 81(3), 82(2)(d) or 83(1) of TFEU by
virtue of a previous decision adopted, without the participation of the
United Kingdom, under a provision falling within any of those
Parliamentary control of certain decisions not requiring approval by Act
A Minister of the Crown may not vote in favour of or otherwise support a
decision under any of the following unless Parliamentary approval has been
given in accordance with this section—
the provision of Article 56 of TFEU that permits the extension of the
provisions of Chapter 3 of Title IV of Part 3 of that Treaty (free
movement of services) to nationals of a third country;
Article 129(3) of TFEU (amendment of provisions of the Statute of the
European System of Central Banks or of the European Central Bank);
the provision of Article 252 of TFEU that permits an increase in the
number of Advocates-General;
the provision of Article 257 of TFEU that permits the establishment of
specialised courts attached to the General Court;
the provision of Article 281 of TFEU that permits the amendment of the
Statute of the Court of Justice of the European Union;
the provision of Article 308 of TFEU that permits the amendment of the
Statute of the European Investment Bank.
A Minister of the Crown may not confirm the approval by the United Kingdom
of 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.
Parliamentary approval is given if—
in 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
each House agrees to the motion without amendment.
Further provisions about referendums held in pursuance of section 2, 3 or 6
Persons entitled to vote in referendum
The persons entitled to vote in any referendum held in pursuance of section 2,
3 or 6 are to be as follows—
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
the persons who, on that date, are disqualified by reason of being peers
from voting as electors in parliamentary elections but—
would be entitled to vote as electors at a local government
election in any electoral area in Great Britain,
would be entitled to vote as electors at a local election in any
district electoral area in Northern Ireland, or
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
resident outside the United Kingdom);
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.
In 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).
If 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.
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—
must take whatever steps they think appropriate to promote public
awareness of the referendum and how to vote in it, and
may take whatever steps they think appropriate to promote public
awareness of the subject-matter of the referendum.
Consequential amendments and repeals relating to Part 1
In section 5 of the European Union (Amendment) Act 2008 (amendment of
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
accordingly, in the heading, for “founding treaties” substitute
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)—
in paragraph (b), for “founding Treaties” substitute “Treaty
establishing European Atomic Energy Community”, and
a treaty covered by section 2 of the European Union Act
2011 (treaties amending or replacing Treaty on
European Union or Treaty on the Functioning of the
The following enactments (which are superseded by the provisions of this Part)
section 2 of the European Communities (Amendment) Act 1993,
section 1(2) and (3) of the European Communities (Amendment) Act
section 12 of the European Parliamentary Elections Act 2002, and
section 6 of the European Union (Amendment) Act 2008.
Implementation of transitional Protocol on MEPs
Protocol on MEPs: approval, and addition to list of treaties
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
purposes of section 5 of the European Union (Amendment) Act 2008
(amendment of founding Treaties: approval by Act of Parliament).
In section 1(2) of the European Communities Act 1972, in the definition of “the
Treaties”, after paragraph (s) insert—
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;”.
Number of MEPs and electoral regions
Section 1 of the European Parliamentary Elections Act 2002 is amended as
In subsection (1) (number of members of the European Parliament) for “72”
In subsection (3) (electoral regions) for the entry relating to the West Midlands
Election of additional MEP
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
the 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.
Subsection (1) is subject to Schedule 2 which makes further provision about the
filling of the additional seat.
This section and Schedule 2—
cease 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
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
accordance with this section and Schedule 2, the additional seat
subsequently becomes vacant before that date.
In this section and in Schedule 2 “the 2002 Act” means the European
Parliamentary Elections Act 2002.
Status of EU law dependent on continuing statutory basis
It is only by virtue of an Act of Parliament that 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
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.
There 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