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A

BILL

TO

Make provision consequential on the treaty concerning the accession of the
Republic of Croatia to the European Union, signed at Brussels on 9 December
2011, and provision consequential on the Protocol on the concerns of the Irish
people on the Treaty of Lisbon, adopted at Brussels on 16 May 2012; and to
make provision about the entitlement of nationals of the Republic of Croatia 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 Approval of Croatian Accession Treaty

(1) Subsections (2) and (3) have effect for the purposes of section 2 of the European
Union Act 2011 (which sets out requirements to be met before a treaty which
amends or replaces the Treaty on European Union or the Treaty on the
5Functioning of the European Union may be ratified).

(2) The treaty concerning the accession of the Republic of Croatia to the European
Union, signed at Brussels on 9 December 2011, is approved.

(3) That treaty does not fall within section 4 of the European Union Act 2011 (cases
where treaty or Article 48(6) decision attracts a referendum).

2 10Approval of Irish Protocol

(1) Subsections (2) and (3) have effect for the purposes of section 2 of the European
Union Act 2011 (which sets out requirements to be met before a treaty which
amends or replaces the Treaty on European Union or the Treaty on the
Functioning of the European Union may be ratified).

(2) 15The Protocol on the concerns of the Irish people on the Treaty of Lisbon,
adopted at Brussels on 16 May 2012, is approved.

(3) That Protocol does not fall within section 4 of the European Union Act 2011
(cases where treaty or Article 48(6) decision attracts a referendum).

European Union (Croatian Accession and Irish Protocol) BillPage 2

3 Addition of Croatian Accession Treaty and Irish Protocol to list of Treaties

In section 1(2) of the European Communities Act 1972, in the definition of “the
Treaties” and “the EU Treaties”, after paragraph (t) insert and—

(u) the treaty concerning the accession of the Republic of Croatia to
5the European Union, signed at Brussels on 9 December 2011;
and

(v) the Protocol on the concerns of the Irish people on the Treaty of
Lisbon, adopted at Brussels on 16 May 2012;.

4 Freedom of movement for Croatian nationals as workers

(1) 10The Secretary of State may by regulations make provision about—

(a) the entitlement of a Croatian national to enter or reside in the United
Kingdom as a worker, and

(b) any matter ancillary to that entitlement.

(2) The provision that may be made by regulations under this section includes
15provision which applies (with or without modification) 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

(b) any matter ancillary to that entitlement.

(3) 20Regulations under this section may (in particular) include provision whose
effect is—

(a) to require a Croatian national to be authorised in accordance with the
regulations in order to work in the United Kingdom;

(b) to require a fee to be paid in respect of an application for an
25authorisation under the regulations;

(c) to make it an offence for a Croatian national to work in the United
Kingdom unless authorised to do so under the regulations;

(d) to make it an offence for a person (“E”) to employ a Croatian national
unless E’s employment of that person is authorised by the regulations;

(e) 30to make it an offence to use deception in connection with an application
for, or the obtaining of, an authorisation under the regulations;

(f) to allow the liability of a person (“P”) to conviction for an offence by
virtue of paragraph (c) to be discharged by payment to the Secretary of
State of a penalty of a specified amount in accordance with a notice
35given to P under the regulations;

(g) to enable the Secretary of State to require a person who employs
another person in contravention of a specified provision of the
regulations to pay a penalty of an amount not exceeding a specified
amount;

(h) 40to treat an offence under the regulations as one to which any specified
provision of sections 28A to 28H of the Immigration Act 1971 (which
relate to arrest, search and entry) applies.

(4) An offence by virtue of regulations under this section—

(a) is to be an offence triable only summarily,

(b) 45is not to be punishable by a fine exceeding level 5 on the standard scale,
and

European Union (Croatian Accession and Irish Protocol) BillPage 3

(c) is not to be punishable by imprisonment for a term exceeding the
applicable maximum.

(5) The applicable maximum is—

(a) for England and Wales, 51 weeks;

(b) 5for Scotland or Northern Ireland—

(i) in relation to an offence by virtue of subsection (3)(c) or (e), 3
months, and

(ii) in relation to an offence by virtue of subsection (3)(d), 6 months.

(6) In relation to an offence committed before the commencement of section 281(5)
10of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks
is to be read—

(a) in relation to an offence by virtue of subsection (3)(c) or (e), as a
reference to 3 months, and

(b) in relation to an offence by virtue of subsection (3)(d), as a reference to
156 months.

(7) Provision made by virtue of subsection (3)(f)

(a) is not to specify an amount greater than the maximum fine for an
offence by virtue of subsection (3)(c),

(b) is not to enable the notice referred to in subsection (3)(f) to be given by
20a person other than a constable or an immigration officer, and

(c) must include provision about the circumstances in which the notice is
to be withdrawn.

(8) Provision made by virtue of subsection (3)(g)

(a) is not to specify an amount greater than the maximum fine for an
25offence by virtue of subsection (3)(d),

(b) must include provision corresponding, with such modifications as the
Secretary of State considers appropriate, to the following provisions of
the Immigration, Asylum and Nationality Act 2006—

(i) section 16 (objection),

(ii) 30section 17 (appeal), and

(iii) section 19 (code of practice).

(9) Regulations under this section—

(a) may include incidental, supplementary or transitional provision;

(b) may include consequential provision, including provision amending or
35revoking provisions of subordinate legislation;

(c) may make different provision for different cases.

(10) Regulations under this section are to be made by statutory instrument.

(11) In this section—

5 Orders under section 4: Parliamentary control

(1) A statutory instrument containing (alone or with other provision) the first
5regulations made under section 4 may not be made unless a draft of the
instrument has been laid before, and approved by resolution of, each House of
Parliament.

(2) Subsection (3) applies to a statutory instrument containing (alone or with other
provision) any subsequent regulations made under section 4.

(3) 10If the statutory instrument is made without a draft having been approved by
resolution of each House of Parliament, the instrument is subject to annulment
in pursuance of a resolution of either House.

6 Extent, commencement and short title

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

(2) 15This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the European Union (Croatian Accession and Irish
Protocol) Act 2012.

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