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 2 — Specific modifications of enactments other than the 1972 Act
27

(c)
section 43(3)(c) and (d) of the Electricity Act 1989 (c. 29);
(d)
section 31(3)(c) and (d) of the Water Industry Act 1991 (c. 56);
(e)
section 67(3)(c) and (d) of the Railways Act 1993 (c. 43);
(f)
the Competition Act 1998 (c. 41);
(g)
section 86(3)(c) and (d) of the Transport Act 2000 (c. 38);
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(h)
sections 77 and 371 of the Communications Act 2003 (c. 21) and
paragraph 6(7)(a) of Schedule 11 to that Act; and
(i)
section 22(3)(c) and (d) of the Channel Tunnel Rail Link Act 1996
(c. 61).
      (3)
Where by virtue of this paragraph an enactment specified in sub-paragraph
10
(2) is to have effect as conferring a power or imposing a duty by reference to
contraventions of an Article of the EU Treaty set out in column 2 of the table
in sub-paragraph (1), the enactment is to have effect as if the contraventions
by reference to which—
(a)
the power is to be exercisable, or
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(b)
the duty is to be performed,

included pre-commencement contraventions of the corresponding Article of
the treaty establishing the European Community that is set out in column 1
of that table.
      (4)
In sub-paragraph (3) “pre-commencement contravention” means a
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contravention before the entry into force of the EU Treaty.
References to specific treaty articles relating to EU citizenship
24    (1)
In the provisions specified in sub-paragraph (2) the references to Article 17
or 17.1 of the Treaty establishing the European Community (including those
framed as references to Article 8.1 of that Treaty as amended by Title II of the
25
Treaty on European Union) shall each have effect as a reference to Article I-
10 of the EU Treaty.
      (2)
Those enactments are—
(a)
the definition of “citizen of the Union” in section 4(1) of the City of
London (Various Powers) Act 1957 (1957 c. x);
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(b)
the definition of “citizen of the Union” in section 130(1) of the
Electoral Law Act (Northern Ireland) 1962 (1962 c. 14 (N.I.));
(c)
section 79(2A) of the Local Government Act 1972 (c. 70);
(d)
the definition of “citizen of the Union” in section 3(2) of the Local
Government Act (Northern Ireland) 1972 (1972 c. 9 (N.I.));
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(e)
the definition of “citizen of the Union” in section 29(2) of the Local
Government (Scotland) Act 1973 (c. 65);
(f)
the definition of “citizen of the Union” in section 202(1) of the
Representation of the People Act 1983 (c. 2);
(g)
the definition of “citizen of the Union” in section 10(1) of the Elected
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Authorities (Northern Ireland) Act 1989 (c. 3);
(h)
the definition of “citizen of the Union” in section 20(8) of the Greater
London Authority Act 1999 (c. 29);
(i)
the definition of “citizen of the European Union” in section 17 of the
European Parliamentary Elections Act 2002 (c. 24); and
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(j)
section 4(5) of the Communications Act 2003.

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 3 — Modifications of general application
28

References to provisions of UK accession treaty relating to the Channel Islands and Isle of Man
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In the definition of “national” in each of—
(a)
section 24(1) of the Pharmacy Act 1954 (c. 61),
(b)
section 55(1) of the Medical Act 1983 (c. 54), and
(c)
section 15(2) of the Dentists Act 1984 (c. 24), and paragraph 1(3) of
5
Schedule 4 to that Act,

for the words from “Article” to “Community provisions” substitute “Article
9 of Protocol 8 to the EU Treaty (Channel Islands and Isle of Man) is not to
benefit from provisions of Union law”.
Part 3
10
Modifications of general application
Introductory
26    (1)
This Part of this Schedule applies, except so far as the context otherwise
requires, to—
(a)
provisions contained in enactments (other than the 1972 Act) which
15
were passed before the entry into force of the EU Treaty; and
(b)
provisions contained in subordinate legislation made before that
time.
      (2)
In this Part of this Schedule, a provision to which this Part of this Schedule
applies is referred to as a “relevant existing provision”.
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      (3)
A modification by this Part of this Schedule of references to anything applies
to references to that thing however they are worded.
References to “the Communities”
27    (1)
In every relevant existing provision, a reference to the Communities is to
have effect, in relation to times after the entry into force of the EU Treaty, as
25
a reference to the European Union and Euratom or either of them.
      (2)
In every relevant existing provision, a reference to the European
Community or to the European Coal and Steel Community is to have effect,
in relation to times after the entry into force of the EU Treaty, as a reference
to the European Union.
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References to Community law
28    (1)
Where a relevant existing provision refers to Community law in a context in
which that expression is not defined by a relevant existing provision, that
reference is to have effect, in relation to times after the entry into force of the
EU Treaty, as a reference to the law of the European Union.
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      (2)
Where a relevant existing provision refers to Community law in a context in
which a definition contained in such a provision applies to the expression—
(a)
the defined expression, and
(b)
the definition, as modified by or under this Act,

are to be read, in relation to times after the entry into force of the EU Treaty,
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as if, in each case, the words “European Union law” were substituted for

European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 3 — Modifications of general application
29

“Community law”, and as if the definition were appropriately repositioned
in any alphabetical order in which it appears.
References to the Community Treaties
29
In every relevant existing provision—
(a)
a reference to the Community Treaties is to have effect, in relation to
5
times after the entry into force of the EU Treaty, as a reference to the
EU Treaties;
(b)
a reference to a specific treaty that is one of the Community Treaties
but not included in the definition of the EU Treaties is to have effect,
in relation to such times, as a reference to the EU Treaty; and
10
(c)
a reference to the Treaty on European Union which includes a
reference to provisions of that treaty that are not included in the
Community Treaties is also to have effect, in relation to such times,
as a reference to the EU Treaty.
References to Community institutions
15
30    (1)
In every relevant existing provision a reference to an institution of the
Communities is to have effect, so far as necessary for the purpose of—
(a)
giving effect to that provision in relation to acts or omissions taking
place after the entry into force of the EU Treaty, or
(b)
conferring or imposing any right or obligation in relation to times
20
after its entry into force,

as references to the corresponding EU institution.
      (2)
Where on the entry into force of the EU Treaty any Community or other
obligation falling to be discharged in relation to a Community institution has
arisen but has not yet been discharged, that obligation is to have effect after
25
the entry into force of that Treaty as an obligation falling to be discharged in
relation to the corresponding EU institution.
References to “the European Court”
31
In every relevant existing provision a reference to the European Court is to
have effect, in relation to times before the entry into force of the EU Treaty,
30
as a reference to the Court of the Communities.
References to Community instruments
32    (1)
In every relevant existing provision, a reference to a Community instrument
(apart from references to which sub-paragraph (2) applies) is to have effect,
so far as necessary for the purpose of giving effect to the provision in relation
35
to instruments issued or made after the entry into force of the EU Treaty, as
a reference to an EU instrument.
      (2)
In every relevant existing provision a reference to a Community instrument
of a particular description is to have effect, so far as necessary for that
purpose, as a reference to the corresponding description of EU instrument.
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European Union Bill
Schedule 2 — Modification of enactments etc. and continuity provisions
Part 3 — Modifications of general application
30

Other references to some other Community obligations etc.
33    (1)
In every relevant existing provision the following references are to have
effect, in relation to times after the entry into force of the EU Treaty, as
follows—
(a)
references to agricultural levies of the Economic Community are to
5
have effect as references to agricultural levies of the European Union;
(b)
references to Community customs duties are to have effect as
references to EU customs duties;
(c)
references, in terms, to Community legislation are to have effect as
references to legislative acts of the European Union;
10
(d)
references, in terms, to a Community obligation, are to have effect as
references to an EU obligation;
(e)
references, in terms, to directly applicable Community provisions
are to have effect as references to provisions that are directly
applicable under the EU Treaties; and
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(f)
references, in terms, to an enforceable Community right, enforceable
Community obligation or enforceable Community restriction are to
have effect as references, respectively, to an enforceable EU right, an
enforceable EU obligation and an enforceable EU restriction.
      (2)
Sub-paragraph (1) has effect in the case of a relevant existing provision only
20
so far as necessary for the purpose of giving effect to that provision in
relation (as the case may be) to—
(a)
agricultural levies and customs duties becoming due after the entry
into force of the EU Treaty;
(b)
legislative acts of the European Union after the entry into force of
25
that Treaty;
(c)
obligations, rights or restrictions created or arising after the entry
into force of that Treaty; or
(d)
directly applicable provisions made after the entry into force of that
Treaty.
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Further general modification
34
Relevant existing provisions are to be construed in relation to times after the
entry into force of the EU Treaty with such modifications (in addition to
those for which the other provisions of this Schedule provide) as are
necessary for giving effect in the law of every part of the United Kingdom to
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the continuity of both—
(a)
law, and
(b)
legal and administrative procedures,

that is provided for by Article IV-438 of the EU Treaty.
References to regulations under section 2(2) of the 1972 Act
40
35
References in relevant existing provisions to regulations under subsection
(2) of section 2 of the 1972 Act are to be read as including references to any
order, rules or scheme under that subsection.

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Schedule 3 — Conduct of the referendum
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Saving for existing subordinate legislation under enactments modified by Part 3
36    (1)
Subordinate legislation made under any enactment 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 Part of this Schedule
of the power under which it was made.
5
      (2)
Provisions having effect in accordance with this paragraph so have effect
with the modifications made by this Part of this Schedule and by orders and
regulations under section 4.
Schedule 3
Section 6

Conduct of the referendum
10
Introductory
1     (1)
In this Schedule “the 2000 Act” means the Political Parties, Elections and
Referendums Act 2000 (c. 41).
      (2)
Expressions used in this Schedule and in Part 7 of the 2000 Act have the same
meanings in this Schedule as in that Part.
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Encouraging voting
2
The Electoral Commission may do anything they think necessary or
expedient for the purpose of encouraging voting at the referendum.
3     (1)
For the purpose of encouraging voting at the referendum the Electoral
Commission may, in particular, direct each counting officer to provide such
20
information as may be specified in the direction to every person who is
entitled, in the referendum, to vote in the counting officer’s voting area.
      (2)
A direction under this paragraph may also include requirements as to the
form and manner in which the information is to be sent.
      (3)
A direction under this paragraph may not require the inclusion of additional
25
information in a document or part of a document the form of which is
prescribed by or under any enactment.
      (4)
In sub-paragraph (1) “voting area”, in relation to a counting officer, means—
(a)
in the case of a counting officer appointed for a relevant area in Great
Britain, that area;
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(b)
in the case of the Chief Electoral Officer for Northern Ireland in his
capacity as a counting officer, Northern Ireland; and
(c)
in the case of a counting officer for Gibraltar, Gibraltar.
Provision of information to voters
4     (1)
This paragraph applies if the Electoral Commission have not, before the
35
appropriate day, designated an organisation under section 108 of the 2000
Act (organisations to whom assistance is available under section 110 of that
Act) in relation to each possible outcome of the referendum.

European Union Bill
Schedule 3 — Conduct of the referendum
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      (2)
The Electoral Commission may take such steps as they think appropriate to
provide such information for persons entitled to vote in the referendum as
the Commission think is likely to promote awareness among those persons
about the arguments for each answer to the referendum question.
      (3)
In this paragraph “the appropriate day” means—
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(a)
the day specified for the purposes of this paragraph in an order
under subsection (6) of section 109 of the 2000 Act;
(b)
if no such order is made and one or more applications under that
section are made in relation to each possible outcome of the
referendum before the 29th day of the referendum period, the 43rd
10
day of the referendum period; and
(c)
in any other case in which no such order is made, the 29th day of the
referendum period.
      (4)
Information provided in pursuance of this paragraph must be provided by
whatever means the Electoral Commission think is most likely to secure (in
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the most cost-effective way) that the information comes to the notice of
everyone entitled to vote in the referendum.
Combination of polls
5     (1)
A Minister of the Crown may by order make provision for, or in connection
with, the combination of polls at the referendum with those at an election or
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at another referendum, or both.
      (2)
An order under this paragraph may include provision creating criminal
offences.
Payment of the charges and expenses of relevant officers by the Electoral Commission
6     (1)
A Minister of the Crown may by order make provision for the payment by
25
the Electoral Commission of any of the following—
(a)
the charges in respect of services properly rendered, or expenses
properly incurred, in connection with the referendum by a relevant
officer; and
(b)
the sum equal to any increase in the superannuation contributions
30
required to be paid by a local authority in respect of a person in
consequence of a fee paid as part of those charges.
      (2)
The order may include provision as to—
(a)
the services and expenses, or descriptions of services and expenses,
in respect of which payment may be made;
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(b)
the maximum amount to be paid or reimbursed in respect of such
services and expenses, or descriptions of services and expenses;
(c)
payments in advance; and
(d)
accounts to be submitted.
      (3)
Before making an order under this paragraph, the Minister in question must
40
consult the Electoral Commission.
      (4)
The consent of the Treasury is required for the making of an order under this
paragraph.
      (5)
In this paragraph “relevant officer” means—
(a)
a counting officer; or
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European Union Bill
Schedule 3 — Conduct of the referendum
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(b)
a person appointed by the Chief Counting Officer or a counting
officer to discharge all or any of his functions.
Accounts relating to expenditure under paragraph 6
7     (1)
As soon as reasonably practicable after the holding of the referendum the
accounting officer of the Electoral Commission must—
5
(a)
prepare and sign an account of the payments made by the
Commission in accordance with an order under paragraph 6; and
(b)
submit a copy of the account, as signed, to the Comptroller and
Auditor General.
      (2)
The account must be in such form as the Treasury direct and must set out—
10
(a)
the aggregate amount of charges and expenses falling within sub-
paragraph 6(1)(a) in respect of which those payments have been
made; and
(b)
the aggregate amount of sums falling within paragraph 6(1)(b) in
respect of which they have been made.
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      (3)
The Comptroller and Auditor General must—
(a)
examine and certify the account submitted to him under this
paragraph; and
(b)
lay a copy of the account, as certified, and of his report on it before
each House of Parliament.
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Gibraltar
8     (1)
A Minister of the Crown may by order make such provision as he considers
appropriate for the purposes of, or in connection with, one or both of the
following—
(a)
the holding of the referendum in Gibraltar; and
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(b)
the regulation there of the conduct of the referendum.
      (2)
The provision that may be included in an order under this paragraph
includes, in particular—
(a)
provision about any matter as respects which the Political Parties,
Elections and Referendums Act 2000 (c. 41) makes provision for the
30
United Kingdom in connection with referendums;
(b)
provision for applying any provision made under section 7(2) to
Gibraltar with modifications;
(c)
provision about donations to political parties and others who
campaign, or are proposing to campaign, for one or other of the
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possible outcomes to the referendum;
(d)
provision imposing obligations in relation to the referendum on the
providers of programme services;
(e)
provision conferring functions in relation to the referendum on any
public authority in Gibraltar that is responsible for regulating those
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providers;
(f)
provision conferring jurisdiction on courts in Gibraltar that are
specified in the order or which are determined in the manner so
specified;
(g)
provision conferring jurisdiction in relation to matters arising in
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Gibraltar on courts in the United Kingdom;