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Make provision in connection with the Treaty signed at Rome on 29th October |
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2004 establishing a Constitution for Europe; and to require a referendum to be |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Revision of meaning of “the Treaties” etc. |
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(1) | In section 1 of the European Communities Act 1972 (c. 68) (“the 1972 Act”), for |
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subsection (2) (the Treaties) substitute— |
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“(2) | In this Act ‘the Treaties’ or ‘the EU Treaties’ means the EU Treaty, |
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taken with each of the following— |
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(a) | the Euratom Treaty, that is to say, the treaty establishing the |
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European Atomic Energy Community signed at Rome on 25th |
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March 1957, as modified and supplemented by or under the |
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Community Treaties and the EU Treaty; |
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(b) | the Act concerning the election of representatives of the |
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European Parliament by direct universal suffrage which was |
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annexed to Council Decision 76/787/ECSC, EEC, Euratom of |
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20th September 1976, as it has effect, with modifications, under |
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(c) | the Agreement on the European Economic Area signed at |
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Oporto on 2nd May 1992, together with the Protocol adjusting |
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that Agreement signed at Brussels on 17th March 1993, as they |
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have effect on the entry into force of the EU Treaty; |
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(d) | the Communities’ own resources decisions, as they have effect |
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in accordance with the EU Treaty; |
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(e) | every external or ancillary agreement; |
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| and the expressions defined in Schedule 1 to this Act have the meanings |
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(2A) | In this Act ‘the EU Treaty’ means the treaty establishing a Constitution |
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for Europe signed at Rome on 29th October 2004, except the common |
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foreign and security policy provisions. |
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(2B) | In subsection (2)(d) ‘the Communities’ own resources decisions’ means |
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the following decisions on the Communities’ system of own |
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(a) | the decisions of the Council of the Communities of 7th May |
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1985, 24th June 1988 and 31st October 1994; and |
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(b) | the decision of the Council of the European Union of 29th |
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(2C) | In subsection (2)(e) ‘external or ancillary agreement’ means any of the |
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(a) | a treaty, so far as still in force on the entry into force of the EU |
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Treaty, which was entered into by the member States (with or |
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without other countries) before 22nd January 1972 as ancillary |
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to any one or more of the pre-accession treaties (as they had |
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(b) | a treaty, so far as still in force on the entry into force of the EU |
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Treaty, which was previously entered into by the United |
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Kingdom as ancillary to any one or more of the Community |
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Treaties (as they had effect at the time); |
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(c) | a treaty, so far as still in force on the entry into force of the EU |
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Treaty, which was previously entered into (with or without |
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member States) by the Communities or by any of them; |
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(d) | so much of any treaty as has been or is entered into by the |
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United Kingdom (whether before or after the entry into force of |
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the EU Treaty) as ancillary to the EU Treaties or any of them; |
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(e) | so much of any treaty as is entered into, after the entry into force |
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of the EU Treaty, by the European Union or Euratom (with or |
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without member States) otherwise than in reliance on anything |
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contained in the common foreign and security policy |
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(2) | In subsection (3) of that section (Orders in Council declaring treaties to be |
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(a) | for “Community Treaties” substitute “EU Treaties”; and |
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(b) | for the words from “after” to “that date” substitute “after the entry into |
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(3) | In subsection (4) of that section (meaning of “treaty”), for “subsections (2) and |
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(3)” substitute “subsections (2) to (3)”. |
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(4) | Schedule 1 (which substitutes a new Schedule of definitions for Schedule 1 to |
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the 1972 Act and amends the Interpretation Act 1978 (c. 30) and corresponding |
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provision applying in Scotland and Northern Ireland) has effect. |
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(5) | Any Order in Council made before the commencement of subsection (1) of this |
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section under section 1(3) of the 1972 Act that declares that a treaty is to be |
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regarded as one of the Community Treaties is to have effect, after the |
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commencement of subsection (1) of this section, as an Order in Council under |
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section 1(3) of that Act declaring it to be a treaty that is to be regarded as one of |
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(6) | The treaty establishing a Constitution for Europe signed at Rome on 29th |
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October 2004 is approved for the purposes of section 12 of the European |
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Parliamentary Elections Act 2002 (c. 24) (approval of treaties relating to |
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2 | Parliamentary approval for Treaty changes |
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(1) | This section applies to a European decision under Article IV-444 or IV-445 of |
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the EU Treaty (simplified revision procedures relating to qualified majority |
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voting and legislative procedures or internal EU policies and action). |
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(2) | A decision to which this section applies may be recognised in law only if it falls |
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by virtue of this section to be treated as listed in section 1(2) of the 1972 Act as |
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(3) | A decision under Article IV-444 (majority voting and legislative procedures) |
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shall be treated as listed in section 1(2) of the 1972 Act as one of the EU Treaties |
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only if the initiative for the decision is approved by Parliament. |
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(4) | For this purpose the initiative for a decision is approved by Parliament if— |
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(a) | the House of Commons sent a message to the House of Lords asking for |
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its opinion on whether the House of Commons should resolve to |
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approve the initiative; and |
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(b) | the initiative was approved by a resolution of the House of Commons |
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not less than 20 sitting days after the House of Lords received the |
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(5) | Her Majesty may by Order in Council provide for a decision under Article IV- |
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445 to be treated as listed in section 1(2) of the 1972 Act as one of the EU |
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(6) | No recommendation may be made to Her Majesty in Council to make an Order |
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in Council under subsection (5) unless a draft of the Order has been— |
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(a) | laid before Parliament; and |
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(b) | approved by a resolution of each House. |
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(a) | provides for an increase of the powers of the European Parliament, and |
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(b) | by virtue of this section falls to be treated as listed in section 1(2) of the |
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1972 Act as one of the EU Treaties, |
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| shall be deemed to have been approved for the purposes of section 12 of the |
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European Parliamentary Elections Act 2002 (approval of treaties relating to |
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(8) | In this section “sitting day” means a day on which the House of Lords sits. |
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3 | Statements on subsidiarity |
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(1) | This section applies where a draft European legislative act is transmitted to |
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Parliament in accordance with Article 4 of Protocol 2 to the EU Treaty (the |
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application of the principles of subsidiarity and proportionality). |
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(2) | Before the end of six weeks from the date of transmission, the responsible |
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Minister must lay before Parliament a statement about whether, in his opinion, |
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the draft legislative act complies with the principle of subsidiarity. |
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(3) | In this section “the responsible Minister” means the Minister of the Crown with |
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responsibility in relation to the matters to which the draft legislative act relates; |
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but where there is more than one such Minister, the duty imposed by this |
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section may be discharged by any one or more of them. |
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4 | Amendments of enactments and continuity |
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(1) | Schedule 2 (which modifies the 1972 Act and other enactments, and also |
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subordinate legislation, for purposes connected with giving effect to the EU |
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Treaty and contains continuity and transitional provisions) has effect, but |
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subject to the provisions of any order or regulations under this section. |
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(2) | A Minister of the Crown may, by order or regulations, make such |
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consequential and other modifications of enactments and subordinate |
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legislation as he considers necessary or expedient for, or in connection with— |
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(a) | making provision that gives effect, or has the equivalent effect, in the |
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law of the United Kingdom (or of any part of it) to provision made by |
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Article IV-438 of the EU Treaty (succession and legal continuity); or |
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(b) | setting out the effect, in relation to a particular enactment or particular |
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subordinate legislation, of a general modification made by Part 3 of |
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(3) | A Minister of the Crown may, by order or regulations, amend any enactment |
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or subordinate legislation so as— |
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(a) | to modify references to particular provisions of the Community |
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Treaties or to particular provisions of the Treaty on European Union |
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that are not included in those Treaties; |
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(b) | to modify references to a description of instrument capable of being |
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made under or in accordance with the Community Treaties; |
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(c) | to modify references to anything else having effect by reference to the |
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Communities or any of them, to the Community Treaties, to a |
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Community institution, to a Community instrument, to a Community |
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obligation or to an enforceable Community right, obligation or |
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(d) | to preserve the validity of anything done under or for the purposes of |
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provision made by or under the Community Treaties; |
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(e) | to secure continuity of the law which by virtue of the 1972 Act was in |
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force immediately before the entry into force of the EU Treaty; |
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(f) | otherwise to make transitional provision in connection with the entry |
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into force of that Treaty. |
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(4) | Any order or regulations under this section may also— |
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(a) | disapply or otherwise modify the effect in relation to any particular |
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enactment or subordinate legislation of any general modification made |
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under Part 3 of Schedule 2; or |
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(b) | modify the effect in a particular description of cases of any saving or |
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transitional provision contained in that Schedule. |
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(5) | The power of a Minister of the Crown to make provision by order or |
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regulations under this section includes power— |
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(a) | to make provision having retrospective effect to the time of the entry |
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into force of the EU Treaty or to a subsequent time; |
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(b) | to make different provision for different cases; |
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(c) | to make provision subject to such exemptions and exceptions as he |
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(d) | to make such incidental, supplemental, consequential and transitional |
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provision as he thinks fit. |
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(6) | The powers of a Minister of the Crown under this section— |
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(a) | so far as they are exercisable in relation to a matter the exercise of |
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functions in respect of which is within devolved competence, shall also |
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be exercisable by the Scottish Ministers; |
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(b) | so far as exercisable in relation to a transferred matter, shall also be |
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exercisable by a Northern Ireland department; and |
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(c) | so far as exercisable in relation to a matter in respect of which functions |
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are exercisable by the National Assembly for Wales, shall also be |
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exercisable by that Assembly. |
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(7) | A power under this section to make an order or to make regulations — |
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(a) | so far as it is exercisable by a Minister of the Crown, the Scottish |
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Ministers or the National Assembly for Wales, shall be exercisable by |
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statutory instrument; and |
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(b) | so far as it is exercisable by a Northern Ireland department, shall be |
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exercisable by statutory rule for the purposes of the Statutory Rules |
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(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12). |
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(8) | Subject to subsection (9), a statutory instrument or statutory rule containing an |
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order or regulations under this section— |
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(a) | if made by a Minister of the Crown, shall be subject to annulment in |
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pursuance of a resolution of either House of Parliament; |
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(b) | if made by the Scottish Ministers, shall be subject to annulment in |
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pursuance of a resolution of the Scottish Parliament; and |
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(c) | if made by a Northern Ireland department, shall be subject to negative |
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resolution, within the meaning of the Interpretation Act (Northern |
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Ireland) 1954 (1954 c. 33 (N.I.)), as if it were a statutory instrument |
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within the meaning of that Act. |
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(9) | Subsection (8) does not apply to a statutory instrument or statutory rule |
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containing an order or regulations under this section if— |
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(a) | the instrument is made by a Minister of the Crown and a draft of the |
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order or regulations was laid before Parliament and approved by a |
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resolution of each House; |
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(b) | the instrument is made by the Scottish Ministers and a draft of the order |
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or regulations was laid before and approved by the Scottish Parliament; |
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(c) | the rule is made by a Northern Ireland department and a draft of the |
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order or regulations was laid before and approved by the Northern |
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“Minister of the Crown” includes the Treasury; and |
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“reference”, in relation to anything, means a reference to that thing |
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(11) | Provision made by or under this section is not to be construed as in any way |
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(a) | the effect by virtue of section 2(1) of the 1972 Act of Article IV-438 or IV- |
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439 of the EU Treaty (succession, legal continuity and transitional |
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provisions) or of Protocol 34 on the transitional provisions relating to |
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the institutions and bodies of the Union; or |
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(b) | the power of any person to make provision under section 2(2) of that |
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Act (including provision amending Schedule 2 to this Act). |
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The Common Foreign and Security Policy |
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5 | Implementation of common foreign and security policy |
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(1) | The Secretary of State may by regulations make provision for one or more of |
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(a) | implementing an obligation of the United Kingdom created or arising |
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by or under the common foreign and security policy provisions or a |
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related agreement, or enabling such an obligation to be implemented; |
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(b) | enabling the exercise of rights enjoyed or to be enjoyed by the United |
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Kingdom under or by virtue of those provisions or such an agreement; |
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(c) | dealing with matters arising out of, or related to, such an obligation or |
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(2) | The powers conferred by this section include power to amend enactments and |
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(3) | The powers conferred by this section— |
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(a) | include power to create new criminal offences and to provide for an |
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offence created under this section to be a summary offence, an either- |
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way offence or an offence triable only on indictment; but |
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(b) | do not include power to create an offence punishable, on conviction on |
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indictment, with a term of imprisonment of more than ten years. |
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(a) | regulations under this section make provision for a purpose mentioned |
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(b) | the regulations contain a reference to an EU instrument, and |
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(c) | it appears to the Secretary of State that it is necessary or expedient |
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(whether or not for that purpose) for the reference to be construed as a |
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reference to the EU instrument as amended from time to time, |
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| the regulations may make express provision to that effect. |
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(5) | No regulations may be made containing (with or without other provision) any |
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provision the power to make which is conferred by this section unless— |
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(a) | a draft of the regulations has been laid before Parliament and approved |
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by a resolution of each House; or |
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(b) | the regulations contain a declaration by the Secretary of State that the |
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urgency of the matter makes it necessary for the regulations to be made |
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(6) | Regulations under this section that contain such a declaration— |
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(a) | must be laid before Parliament after being made; and |
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(b) | if not approved by a resolution of each House before the end of 40 days |
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beginning with the day on which they were made, shall cease to have |
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effect at the end of that period; |
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| but, where regulations cease to have effect in accordance with this subsection, |
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that does not affect anything previously done under them, or prevent the |
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making of new regulations to the same or similar effect. |
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(7) | In subsection (6) “40 days” means 40 days computed as provided for in section |
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7(1) of the Statutory Instruments Act 1946 (c. 36). |
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(8) | The powers of the Secretary of State under this section— |
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(a) | so far as they are exercisable in relation to a matter the exercise of |
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functions in respect of which is within devolved competence, shall also |
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be exercisable by the Scottish Ministers; and |
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(b) | so far as they are exercisable in relation to a transferred matter, shall |
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also be exercisable by a Northern Ireland department. |
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(9) | In relation to regulations made under this section by the Scottish Ministers— |
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(a) | references in this section to Parliament, or to either or each House of |
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Parliament, shall have effect as references to the Scottish Parliament; |
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(b) | the reference in subsection (5)(b) to the Secretary of State shall have |
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effect as a reference to the Scottish Ministers; and |
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(c) | the reference in subsection (7) to section 7(1) of the Statutory |
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Instruments Act 1946 shall have effect as a reference to Article 13(1) of |
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the Scotland Act 1998 (Transitory and Transitional Provisions) |
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(Statutory Instruments) Order 1999 (S.I. 1999/1096). |
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(10) | In relation to regulations made under this section by a Northern Ireland |
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(a) | references in this section to Parliament, or to either or each House of |
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Parliament, shall have effect as references to the Northern Ireland |
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(b) | the reference in subsection (5)(b) to the Secretary of State shall have |
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effect as a reference to the Northern Ireland department in question; |
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(c) | the reference in subsection (6)(b) to 40 days shall have effect as a |
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reference to the statutory period (within the meaning of section 41(2) of |
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the Interpretation Act (Northern Ireland) 1954 (1954 c. 33 (N.I.))); and |
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(d) | subsection (7) shall be omitted. |
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(11) | Her Majesty may by Order in Council provide for provision made under this |
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section to extend, with modifications, to a British overseas territory. |
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(12) | In this section “common foreign and security policy provisions” means the |
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following provisions of the treaty establishing a Constitution for Europe |
| |
signed at Rome on 29th October 2004— |
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(a) | Article I-16 (competence in common foreign and security policy); |
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(b) | Article I-28 (the Union Minister for Foreign Affairs); |
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(c) | Articles I-40 and I-41 (specific provision relating to common foreign |
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(d) | Chapter II of Title V of Part III (Articles III-294 to III-313 on the common |
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foreign and security policy); |
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(e) | Article III-376 (jurisdiction of European Court in relation to the |
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common foreign and security policy matters); |
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