United Kingdom Parliament (Sovereignty and Jurisdiction over Borders) Bill (HC Bill 130)

A

BILL

TO

Make provision for the supremacy of the sovereignty of the United Kingdom
Parliament in relation to the United Kingdom's membership of the European
Union, including matters in respect of borders and immigration; and for
connected purposes.

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 United Kingdom’s membership of the European Union

Notwithstanding any provision of the European Communities Act 1972, or any
other enactment—

(a) a Minister of the Crown may make an order disapplying an otherwise
5legally binding European Union measure, or provision thereof
including matters in respect of borders and immigration (whether or
not the measure or provision was adopted before the coming into force
of this Act);

(b) where, on a motion supported by not fewer than 100 Members, each
10House of Parliament passes a resolution in identical terms to disapply
an otherwise legally binding European Union measure, or provision
thereof, a Minister of the Crown shall forthwith make an order giving
effect to the terms of that resolution;

(c) where, on a motion supported by not fewer than 100 Members, each
15House of Parliament passes a resolution in identical terms instructing a
Minister of the Crown to vote against the adoption of a European
Union initiative or proposal, the Minister shall so vote;

(d) where each House of Parliament has passed a resolution in accordance
with paragraph (c) and the European Union initiative or proposal is
20nonetheless adopted and given legislative force in the European Union,
that measure shall not form part of the law applicable in any part of the
United Kingdom; and

(e) the European Charter of Fundamental Rights of the European Union
shall not form part of the law applicable in any part of the United

United Kingdom Parliament (Sovereignty and Jurisdiction over Borders) BillPage 2

Kingdom and as a consequence shall not be binding on any person or
public authority in any legal proceeding of the United Kingdom.

2 Restriction on Royal Assent

(1) No Bill shall be presented to Her Majesty the Queen for her Royal Assent which
5contravenes, or amends, this Act or which purports so to do unless the
referendum condition is met.

(2) The referendum condition is that set out in section 3(2) of the European Union
Act 2011 with references to the approval of a decision being read for the
purposes of subsection (1) as references to presentation of a Bill to her Majesty
10the Queen for her Royal Assent.

(3) Sections 11, 12 and 13 of the European Union Act 2011 shall apply to a
referendum held in pursuance to this section as it does to a referendum held in
pursuance to sections 2, 3 or 6 of that Act.

3 Orders

(1) 15An order made under this Act must be made by statutory instrument.

(2) A statutory instrument containing an order under section 1(b) may not be
made unless a draft of the instrument has been laid before, and approved by, a
resolution of each House of Parliament.

(3) A statutory instrument containing an order under section 1(c) is subject to
20annulment in pursuance of a resolution of either House of Parliament.

(4) A power to make an order under this Act includes power to make incidental,
supplementary, consequential, saving, transitional or transitory provision.

4 Short title and extent

(1) This Act may be cited as United Kingdom Parliament (Sovereignty and
25Jurisdiction over Borders) Act 2015.

(2) This Act extends to England and Wales, Scotland and Northern Ireland.