European Union Bill

House of Commons

Session 2004 - 05
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European Union Bill

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
20

Furnishing information to the Communities
7
In section 12 (furnishing information to the Communities), for “a
Community obligation to a Community institution” substitute “an EU
obligation to an EU institution”.
Penalties for criminal offences under subordinate legislation
5
8
In paragraph 1 of Schedule 2 (powers to make subordinate legislation), after
sub-paragraph (2) insert—
   “(2A)
Sub-paragraph (1)(d) does not prevent the creation of an
indictable offence punishable, on conviction on indictment, with
imprisonment for a term of a particular length if—
10
(a)
an obligation created or arising by or under Article III-
271(1) or (2) of the EU Treaty (minimum rules with regard
to the definition of criminal offences and sanctions)
requires the offence to be punishable with imprisonment
for a term of that length;
15
(b)
the offence may be committed in different circumstances in
some of which such an obligation would require it to be so
punishable; or
(c)
the offence is one committed outside the United Kingdom
which, if committed in the United Kingdom, or a part of it,
20
would be punishable, on conviction on indictment, with
imprisonment for a term of that length.
     (2B)
For the purposes of sub-paragraph (2A) an obligation created or
arising by or under Article III-271(1) or (2) of the EU Treaty—
(a)
requires an offence to be punishable with imprisonment
25
for a term of a particular length, or
(b)
requires it to be so punishable in particular circumstances,

if that obligation requires the terms capable of being imposed for
that offence, or of being so imposed in those circumstances, to
include a term of that length, or to include a term falling in a range
30
of lengths that includes that length.
     (2C)
Sub-paragraph (1)(d) above shall have effect in relation to
provision which—
(a)
implements an EU obligation created or arising by or
under Article III-160 or III-322 of the EU Treaty
35
(restrictions on capital movements and payments and
interruptions and reductions of economic or financial
relations), or enables such an obligation to be
implemented,
(b)
deals with matters arising out of or related to any such
40
obligation, or
(c)
deals with matters arising out of or related to the operation
of section 2(1) of this Act in relation to provision made by
or under either of those Articles,

as if for ‘two years’ there were substituted ‘ten years’.”
45

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
21

References to future modifications of EU instruments
9     (1)
After paragraph 1 of Schedule 2 insert—
“1A   (1)
Where—
(a)
subordinate legislation makes provision for a purpose
mentioned in section 2(2) of this Act,
5
(b)
the legislation contains a reference to an EU instrument,
and
(c)
it appears to the person making the legislation that it is
necessary or expedient (whether or not for that purpose)
for the reference to be construed as a reference to the EU
10
instrument as amended from time to time,

the subordinate legislation may make express provision to that
effect.
      (2)
In this paragraph ‘subordinate legislation’ has the same meaning
as in the European Union Act 2005.”
15
Procedure for subordinate legislation in Great Britain
10    (1)
In paragraph 2 of Schedule 2, in sub-paragraph (1) (power to make
regulations exercisable by statutory instrument), for the words from
“where” to “the power” substitute “the power to make orders, rules,
regulations or schemes under section 2 or 6(6) of this Act”.
20
      (2)
After that sub-paragraph insert—
   “(1A)
Subject to sub-paragraph (1E), an Order in Council or other
statutory instrument containing (with or without other provision)
any provision falling within sub-paragraph (1B) or (1C) may be
made only if a draft of it has been—
25
(a)
laid before Parliament; and
(b)
approved by a resolution of each House.
     (1B)
Provision falls within this sub-paragraph if it—
(a)
makes conduct punishable with imprisonment for a term
of more than two years in circumstances in which it would
30
not have been so punishable apart from the Order or other
instrument; or
(b)
increases the term of imprisonment that may be imposed
for an offence that is already punishable with
imprisonment for a term of two years, or that is already
35
punishable with imprisonment for a longer term.
     (1C)
Provision falls within this sub-paragraph if (without being
excluded from this sub-paragraph by sub-paragraph (1D)) it—
(a)
implements an EU obligation created or arising by or
under the provisions of Section 4 or 5 of Chapter IV of Title
40
III of Part III of the EU Treaty (Articles III-270 to III-277 on
judicial co-operation in criminal matters and police co-
operation), or enables such an obligation to be
implemented; or
(b)
deals with matters arising out of or related to any such
45
obligation.

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
22

     (1D)
The provision excluded from sub-paragraph (1C) is any provision
which (without falling within sub-paragraph (1B)) is made solely
for or in connection with the implementation of an obligation
created or arising under Article III-271(2) (minimum rules
imposed for harmonisation purposes with regard to criminal
5
offences and sanctions).
     (1E)
Sub-paragraph (1A) does not apply to any Order in Council or
other statutory instrument which—
(a)
would (apart from this sub-paragraph) be subject to that
sub-paragraph by reason only of provision contained in it
10
by virtue of paragraph 1(2C) above; and
(b)
contains a declaration by the person making it that the
urgency of the matter makes it necessary for the Order or
other instrument to be made without the approval
required by sub-paragraph (1A) of this paragraph.
15
     (1F)
But an Order in Council or other statutory instrument which for
the purposes of this paragraph contains such a declaration—
(a)
must be laid before Parliament after being made; and
(b)
if not approved by a resolution of each House before the
end of 40 days beginning with the day on which it was
20
made, shall cease to have effect at the end of that period.
     (1G)
Where an Order in Council or other statutory instrument ceases to
have effect in accordance with sub-paragraph (1F), that does not—
(a)
affect anything previously done under it; or
(b)
prevent the making of a new Order or other new
25
subordinate legislation to the same or similar effect.”
      (3)
In sub-paragraph (2) of that paragraph, for “or regulations made in the
exercise of a power so conferred” substitute “or any order, rules, regulations
or scheme made in the exercise of a power conferred by section 2 or 6(6) of
this Act”.
30
      (4)
After that sub-paragraph insert—
    “(3)
In sub-paragraph (1F) ‘40 days’ means 40 days computed as
provided for in section 7(1) of the Statutory Instruments Act 1946.
      (4)
In relation to—
(a)
an Order in Council made under section 2 of this Act on the
35
recommendation of the First Minister of the Scottish
Executive, or
(b)
any statutory instrument made under that section by the
Scottish Ministers,

references in this paragraph to Parliament, or to each or either
40
House of Parliament, shall have effect as references to the Scottish
Parliament and the reference in sub-paragraph (3) to section 7(1)
of the Statutory Instruments Act 1946 shall have effect as a
reference to Article 13(1) of the Scotland Act 1998 (Transitory and
Transitional Provisions) (Statutory Instruments) Order 1999.”
45

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 1 — Amendments of the 1972 Act and related savings
23

Procedure for subordinate legislation in Northern Ireland
11    (1)
Paragraph 3 of Schedule 2 is to become sub-paragraph (1) of that paragraph
with the following amendments—
(a)
in that sub-paragraph for “regulations”, wherever occurring,
substitute “order, rules, regulations or scheme”; and
5
(b)
after that sub-paragraph insert the sub-paragraphs set out in sub-
paragraph (2).
      (2)
The sub-paragraphs inserted in paragraph 3 are—
    “(2)
Subject to sub-paragraph (6), regulations containing (with or
without other provision) any provision falling within sub-
10
paragraph (3) or (4) may be made only if a draft of them has been
laid before and approved by the Northern Ireland Assembly.
      (3)
Provision falls within this sub-paragraph if it—
(a)
makes conduct punishable with imprisonment for a term
of more than two years in circumstances in which it would
15
not have been so punishable apart from the regulations; or
(b)
increases the term of imprisonment that may be imposed
for an offence that is already punishable with
imprisonment for a term of two years, or that is already
punishable with imprisonment for a longer term.
20
      (4)
Provision falls within this sub-paragraph if (without being
excluded from this sub-paragraph by sub-paragraph (5)) it—
(a)
implements an EU obligation created or arising by or
under the provisions of Section 4 or 5 of Chapter IV of Title
III of Part III of the EU Treaty (Articles III-270 to III-277 on
25
judicial co-operation in criminal matters and police co-
operation), or enables such an obligation to be
implemented; or
(b)
deals with matters arising out of or related to any such
obligation.
30
      (5)
The provision excluded from sub-paragraph (4) is any provision
which (without falling within sub-paragraph (3)) is made solely
for or in connection with the implementation of an obligation
created or arising under Article III-271(2) (minimum rules
imposed for harmonisation purposes with regard to criminal
35
offences and sanctions).
      (6)
Sub-paragraph (2) does not apply to any regulations which—
(a)
would (apart from this sub-paragraph) be subject to that
sub-paragraph by reason only of provision contained in
them by virtue of paragraph 1(2C) above; and
40
(b)
contain a declaration by the person making the regulations
that the urgency of the matter makes it necessary for them
to be made without the approval required by sub-
paragraph (2).
      (7)
But regulations which for the purposes of this paragraph contain
45
such a declaration—
(a)
must be laid before the Northern Ireland Assembly after
being made; and

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 2 — Specific modifications of enactments other than the 1972 Act
24

(b)
if not approved by a resolution of the Assembly within the
statutory period, beginning with the day on which the
regulations were made, shall cease to have effect at the end
of that period.
      (8)
In sub-paragraph (7) ‘the statutory period’ has the meaning given
5
by section 41(2) of the Interpretation Act (Northern Ireland) 1954
(1954 c. 33 (N.I.)).
      (9)
Where regulations cease to have effect in accordance with sub-
paragraph (7), that does not—
(a)
affect anything previously done under them; or
10
(b)
prevent the making of new regulations to the same or
similar effect.
     (10)
In sub-paragraphs (2) to (9) ‘regulations’ means any order, rules,
regulations or scheme made by a Northern Ireland Minister or
Northern Ireland department under a power conferred by this
15
Act.”
Saving for existing subordinate legislation under 1972 Act
12    (1)
Subordinate legislation made under the 1972 Act before the entry into force
of the EU Treaty is to continue to have effect after the entry into force of that
Treaty notwithstanding any modification by this Act of the power under
20
which it was made.
      (2)
Provisions having effect in accordance with this paragraph so have effect
with the modifications made by Part 3 of this Schedule and by orders and
regulations under section 4.
Part 2
25
Specific modifications of enactments other than the 1972 Act
Civil Jurisdiction and Judgments Act 1982 (c. 27)
13
In section 24(1)(c) and (2)(c) of the Civil Jurisdiction and Judgments Act 1982
(cases in which interim relief available), for “Article 68 of the Treaty
establishing the European Community”, in each place, substitute “Article
30
III-369 of the EU Treaty”.
European Communities (Amendment) Act 1993 (c. 32)
14    (1)
The European Communities (Amendment) Act 1993 is amended as follows.
      (2)
In section 2 (economic and monetary union)—
(a)
for the words from “to move to” to “1992)” substitute “to adopt the
35
euro in accordance with Protocol 13 to the EU Treaty (the protocol on
certain provisions relating to the United Kingdom as regards
economic and monetary union)”;
(b)
after “economic policies” insert “and”; and
(c)
for the words from “Article 2” onwards substitute “Article I-3 of that
40
Treaty as provided for in Articles III-178 and III-179.”

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 2 — Specific modifications of enactments other than the 1972 Act
25

      (3)
In section 3 (annual report by the Bank of England), for “Article 108 of the
Treaty establishing the European Community” substitute “Article III-189 of
the EU Treaty”.
      (4)
In section 4 (information for Commission), for “Article 103(3) of the Treaty
establishing the European Community” substitute “Article III-179(3) of the
5
EU Treaty”.
      (5)
In section 5 (convergence criteria)—
(a)
for “Article 103(3) of the Treaty establishing the European
Community” substitute “Article III-179(3) of the EU Treaty”;
(b)
for “Article 2” substitute “Article I-3”; and
10
(c)
for “Articles 103 and 104c” substitute “Articles III-179 and III-184”.
      (6)
In section 6 (Committee of the Regions), for “Article 198a of the Treaty
establishing the European Community” substitute “Article I-32 of the EU
Treaty”.
Government of Wales Act 1998 (c. 38)
15
15
In section 29 of the Government of Wales Act 1998 (implementation of EU
law)—
(a)
in subsections (2) and (3), for “regulations”, wherever occurring,
substitute “any order, rules, regulations or scheme”; and
(b)
in subsection (3), for “Paragraph 2(2)” substitute “Paragraph 2(1A) to
20
(3)”.
Scotland Act 1998 (c. 46) and Northern Ireland Act 1998 (c. 47)
16    (1)
In each of—
(a)
section 34(3) of the Scotland Act 1998 (meaning of reference for
preliminary ECJ ruling in relation to Bills in the Scottish Parliament),
25
and
(b)
section 12(3) of the Northern Ireland Act 1998 (which defines that
expression in relation to Bills in the Northern Ireland Assembly),

for the words from “European Court” onwards substitute “European Court
under Article III-369 of the EU Treaty.”
30
      (2)
This paragraph applies only in relation to references to the European Court
made after the entry into force of the EU Treaty.
17
In section 119(4) of the Scotland Act 1998 (application of provisions relating
to the Consolidated Fund to section 2(3) of the 1972 Act), for “Community
obligation” substitute “EU obligation”.
35
18
In paragraph 1(2) of Schedule 4 to the Scotland Act 1998 (provisions
protected from modification by the Scottish Parliament), after paragraph (f)
insert—
“(g)
section 5 of the European Union Act 2005 so far as it
confers powers on the Secretary of State.”
40
Financial Services and Markets Act 2000 (c. 8)
19
In section 417(4)(b) of the Financial Services and Markets Act 2000 (meaning
of “establishment”), for “Article 48 of the Treaty” substitute “Article III-142
of the EU Treaty”.

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 2 — Specific modifications of enactments other than the 1972 Act
26

Export Control Act 2002 (c. 28)
20    (1)
In section 5(3) of the Export Control Act 2002 (meaning of “international
obligation”), for the words from “joint action” onwards substitute “a
European decision under the common foreign and security policy
provisions (within the meaning of section 5 of the European Union Act
5
2005).”
      (2)
Nothing in this paragraph—
(a)
prevents the imposition of controls for the purpose of giving effect to
positions adopted and decisions taken before the entry into force of
the EU Treaty; or
10
(b)
affects controls imposed for that purpose before that time.
European Union (Accessions) Act 2003 (c. 35)
21
In section 2(11) of the European Union (Accessions) Act 2003 (freedom of
movement of workers), in the definition of “worker”, for “Article 39 of the
Treaty establishing the European Community” substitute “Article III-133 of
15
the EU Treaty”.
Criminal Justice Act 2003 (c. 44)
22
In section 76(4)(c) of the Criminal Justice Act 2003 (leave to appeal against
acquittal etc.), for “Article 31 or 34 of the Treaty on European Union”
substitute “section 4 of Chapter IV of Title III of Part III of the EU Treaty”.
20
References to specific treaty articles relating to competition
23    (1)
In the enactments specified in sub-paragraph (2), references to an Article of
the treaty establishing the European Community that is set out in column 1
of the following table shall have effect as references to the Article of the EU
Treaty set out in column 2.
25

Article of EC
Article of EU

Treaty
Treaty

33
III-227

81
III-161

81(1)
III-161(1)

30

81(3)
III-161(3)

82
III-162

84
III-164

86
III-166

      (2)
Those enactments are—
35
(a)
section 36A(3)(c) and (d) of the Gas Act 1986 (c. 44);
(b)
section 9A(4)(c) and (d) of the Company Directors Disqualification
Act 1986 (c. 46);