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European Union (Accessions) Bill


European Union (Accessions) Bill

    1

 

A

Bill

[AS AMENDED IN COMMITTEE]

To

Make provision consequential on the treaty concerning the accession of the

Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic

of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of

Malta, the Republic of Poland, the Republic of Slovenia and the Slovak

Republic to the European Union, signed at Athens on 16th April 2003; and to

make provision in relation to the entitlement of nationals of certain acceding

States to enter or reside in the United Kingdom as workers.                                                                            

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Accession treaty

     (1)    In section 1(2) of the European Communities Act 1972 (c. 68), in the definition

of “the Treaties” and “the Community Treaties”, after paragraph (p), insert

“and

                  (q)                    the treaty concerning the accession of the Czech Republic, the

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Republic of Estonia, the Republic of Cyprus, the Republic of

Latvia, the Republic of Lithuania, the Republic of Hungary, the

Republic of Malta, the Republic of Poland, the Republic of

Slovenia and the Slovak Republic to the European Union,

signed at Athens on 16th April 2003;”.

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     (2)    For the purpose of section 12 of the European Parliamentary Elections Act 2002

(c. 24) (ratification of treaties), the treaty concerning the accession of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of

Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of

Malta, the Republic of Poland, the Republic of Slovenia and the Slovak

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Republic to the European Union, signed at Athens on 16th April 2003, is

approved.

 
HL Bill 10353/2
 
 

European Union (Accessions) Bill

    2

 

 2     Freedom of movement for workers

     (1)    The Secretary of State may by regulations provide that a specified enactment

relating to—

           (a)           the entitlement of a national of an EEA State to enter or reside in the

United Kingdom as a worker, or

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           (b)           any matter ancillary to that entitlement,

            applies in relation to a national of a relevant acceding State as it applies in

relation to a national of an EEA State.

     (2)    Regulations under this section in respect of a specified enactment may apply

that enactment subject to specified exceptions or modifications.

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     (3)    Regulations under this section—

           (a)           may include incidental, supplementary, consequential or transitional

provision;

           (b)           may make different provision for different cases.

     (4)    Regulations under this section do not have effect so as to apply an enactment

15

in relation to a national of a relevant acceding State which has not ratified the

treaty mentioned in section 1(2).

     (5)    The power to make regulations under this section is exercisable by statutory

instrument.

     (6)    Regulations may not be made under this section unless a draft has been laid

20

before and approved by a resolution of each House of Parliament.

     (7)           But, in the case of regulations other than the first set of regulations under this

section, subsection (6) does not apply if it appears to the Secretary of State that

by reason of urgency they should be made without being approved in draft.

     (8)    Where by virtue of subsection (7) regulations are made without being

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approved in draft, the regulations—

           (a)           must be laid before Parliament, and

           (b)           cease to have effect at the end of the period mentioned in subsection (9)

unless they are approved during that period by resolution of each

House of Parliament.

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     (9)           The period referred to in subsection (8)(b) is the period of 40 days—

           (a)           beginning with the day on which the regulations are made, and

           (b)           ignoring any period during which Parliament is dissolved or

prorogued or during which both Houses are adjourned for more than

four days.

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     (10)   The fact that regulations cease to have effect by virtue of subsection (8)—

           (a)           does not affect the lawfulness of anything done before the regulations

cease to have effect, and

           (b)           does not prevent the making of new regulations.

     (11)   In this section—

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                    “EEA State” means a State (other than the United Kingdom) which is a

contracting party to the Agreement on the European Economic Area

signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed

at Brussels on 17th March 1993;

                    “enactment” includes an enactment comprised in subordinate legislation

45

(within the meaning of the Interpretation Act 1978 (c. 30));

 

 

European Union (Accessions) Bill

    3

 

                    “relevant acceding State” means any of the following—

                  (a)                 the Czech Republic,

                  (b)                 the Republic of Estonia,

                  (c)                 the Republic of Latvia,

                  (d)                 the Republic of Lithuania,

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                  (e)                 the Republic of Hungary,

                  (f)                 the Republic of Poland,

                  (g)                 the Republic of Slovenia,

                  (h)                 the Slovak Republic;

                    “specified” means specified in regulations under this section; and

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                    “worker” means the same as it does for the purposes of Article 39 of the

Treaty establishing the European Community.

 3     Short title

This Act may be cited as the European Union (Accessions) Act 2003.

 

 

 

European Union (Accessions) Bill

 
 

A

Bill

[AS AMENDED IN COMMITTEE]

To make provision consequential on the treaty concerning the accession of the Czech

Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the

Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic

of Poland, the Republic of Slovenia and the Slovak Republic to the European Union,

signed at Athens on 16th April 2003; and to make provision in relation to the

entitlement of nationals of certain acceding States to enter or reside in the United

Kingdom as workers.

 


 
 


 
 


 
 

Brought from the Commons on 5th June 2003

 
 

Ordered to be Printed, 10th September 2003

 
 

© Parliamentary copyright House of Lords and House of Commons 2003

 

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