|
| |
|
(f) | Protocol 23 on permanent structured co-operation established by |
| |
Articles I-41(6) and III-312; and |
| |
(g) | the other provisions of the treaty so far only as they apply for the |
| |
purposes of, or in relation to, provisions falling within paragraphs (a) |
| |
to (f) and are not provisions relating to the resources of the European |
| 5 |
| |
(13) | In this section “related agreement” means— |
| |
(a) | so much of any treaty as has been or is entered into by the United |
| |
Kingdom as ancillary to the common foreign and security policy |
| |
| 10 |
(b) | so much of any treaty as is entered into by the European Union (with or |
| |
without member States) in reliance on anything contained in those |
| |
| |
| but section 1(3) of the 1972 Act (specification of treaties by Order in Council) is |
| |
to apply for determining the extent to which a treaty is to be regarded as a |
| 15 |
related agreement for the purposes of this section as it applies for determining |
| |
whether a treaty is one of the EU Treaties. |
| |
(14) | The powers conferred by this section are not to be construed as in any way |
| |
derogating from Her Majesty’s prerogative with respect to any matter, or from |
| |
any power exercisable apart from this section by virtue of any enactment or |
| 20 |
| |
| |
Referendum on the EU Treaty |
| |
| |
(1) | A referendum shall be held throughout the United Kingdom and Gibraltar on |
| 25 |
the day specified by an order made by a Minister of the Crown. |
| |
(2) | The question to be asked in the referendum is— |
| |
“Should the United Kingdom approve the Treaty establishing a |
| |
Constitution for the European Union?” |
| |
(3) | A Minister of the Crown may by order make provision in relation to the |
| 30 |
| |
(a) | determines the referendum period for the purposes of Part 7 of the |
| |
Political Parties, Elections and Referendums Act 2000 (c. 41); and |
| |
(b) | requires ballot papers to be used by voters in Wales, after having set out |
| |
the question and the possible answers in English, to set them out again, |
| 35 |
with equal prominence, in Welsh. |
| |
(4) | The question in Welsh is— |
| |
“A ddylai’r Deyrnas Unedig dderbyn y Cytuniad a fyddai’n sefydlu |
| |
Cyfansoddiad i’r Undeb Ewropeaidd?” |
| |
(5) | Every power of a Minister of the Crown to make an order under this section |
| 40 |
shall be exercisable by statutory instrument. |
| |
(6) | An order under this section may be made only if a draft of the order has been— |
| |
(a) | laid before Parliament; and |
| |
(b) | approved by a resolution of each House. |
| |
|
| |
|
| |
|
(7) | Schedule 3 (which makes provision about the conduct of the referendum) has |
| |
| |
7 | Entitlement to vote in the referendum |
| |
(1) | Subject to subsection (2), a person is entitled to vote in the referendum if, on the |
| |
| 5 |
(a) | an individual who would be entitled to vote as an elector at a |
| |
parliamentary election in a constituency in the United Kingdom; |
| |
(b) | a peer who would be entitled to vote as an elector at a local government |
| |
election in an electoral area in Great Britain or at a local election in an |
| |
electoral area in Northern Ireland; or |
| 10 |
(c) | a Commonwealth citizen who would be entitled to vote in Gibraltar as |
| |
an elector at a European Parliamentary election. |
| |
(2) | A Minister of the Crown may by order made by statutory instrument make |
| |
provision for the purposes of subsection (1) for disregarding alterations made |
| |
after a specified date in a register of electors. |
| 15 |
(3) | An order under subsection (2) may— |
| |
(a) | apply or incorporate, with or without modification, any provision of |
| |
any enactment or subordinate legislation relating to elections; |
| |
(b) | make different provision for different cases; |
| |
(c) | make provision subject to such exemptions and exceptions as the |
| 20 |
Minister making the order thinks fit; and |
| |
(d) | make such incidental, supplemental, consequential and transitional |
| |
provision as that Minister thinks fit. |
| |
(4) | An order under subsection (2) may be made only if a draft of the order has |
| |
| 25 |
(a) | laid before Parliament; and |
| |
(b) | approved by a resolution of each House. |
| |
(5) | In subsection (1)(b) “electoral area” means— |
| |
(a) | an electoral division or ward (or, in the case of a parish or community |
| |
in which there are no wards, the parish or community) for which an |
| 30 |
election of councillors is held in England and Wales under the Local |
| |
Government Act 1972 (c. 70); |
| |
(b) | an electoral ward for which an election of councillors is held in Scotland |
| |
under the Local Government etc. (Scotland) Act 1994 (c. 39); or |
| |
(c) | an area for which an election of members of a district council is held in |
| 35 |
Northern Ireland under section 11 of the Electoral Law Act (Northern |
| |
| |
8 | Legal challenge to the referendum result |
| |
(1) | No court may entertain any proceedings for questioning the number of ballot |
| |
papers counted or votes cast in the referendum, as certified— |
| 40 |
(a) | by the Chief Counting Officer, or |
| |
(b) | by a counting officer, |
| |
| unless the proceedings are brought in accordance with this section. |
| |
(2) | The proceedings may be brought— |
| |
(a) | in England and Wales, only by a claim for judicial review; |
| 45 |
|
| |
|
| |
|
(b) | in Scotland, only by a petition for judicial review; |
| |
(c) | in Northern Ireland, only by an application for judicial review; or |
| |
(d) | in Gibraltar, only by a claim for judicial review. |
| |
(3) | The court in England and Wales or Gibraltar must not give permission for a |
| |
claim unless the claim form is filed before the end of the permitted period. |
| 5 |
(4) | The court in Scotland must refuse a petition unless it is lodged before the end |
| |
| |
(5) | The court in Northern Ireland must refuse an application for leave to apply for |
| |
judicial review unless it is lodged before the end of the permitted period. |
| |
(6) | In this section “the permitted period” means the period of six weeks starting |
| 10 |
| |
(a) | the date on which the Chief Counting Officer or (as the case may be) the |
| |
counting officer gives a certificate as to the number of ballot papers |
| |
counted and votes cast in the referendum; or |
| |
(b) | if he gives more than one such certificate, the date of the last to be given. |
| 15 |
| |
| |
| |
(1) | There shall be paid out of money provided by Parliament— |
| |
(a) | any expenditure incurred by a Minister of the Crown or government |
| 20 |
department by virtue of this Act; and |
| |
(b) | any increase attributable to this Act in the sums payable out of such money |
| |
| |
(2) | There shall be charged on and paid out of the Consolidated Fund— |
| |
(a) | any sums required to meet expenditure of the Electoral Commission in |
| 25 |
accordance with an order under paragraph 6 of Schedule 3; |
| |
(b) | any sums required to meet expenditure falling to be so charged and paid in |
| |
accordance with an order under paragraph 8 of that Schedule; |
| |
(c) | any increase attributable to this Act in the sums so charged and paid under any |
| |
| 30 |
(3) | There shall be paid out of the National Loans Fund any increase attributable to this Act |
| |
in the sums payable out of that Fund under any other Act. |
| |
(4) | Sums received by a Minister of the Crown or government department by virtue of this |
| |
| |
(a) | unless the Treasury determine that they must be paid into the National Loans |
| 35 |
Fund, into the Consolidated Fund; and |
| |
(b) | if the Treasury do so determine, into the National Loans Fund. |
| |
(5) | Subsection (4) does not apply where subordinate legislation made by virtue of |
| |
this Act provides for the sums to be dealt with in another way. |
| |
(6) | The consent of the Treasury is required for the making of provision for the |
| 40 |
purposes of subsection (5). |
| |
|
| |
|
| |
|
10 | Supplemental provisions |
| |
(1) | This Act may be cited as the European Union Act 2005. |
| |
| |
“the 1972 Act” means the European Communities Act 1972 (c. 68); |
| |
“Chief Counting Officer” means the Chief Counting Officer for the |
| 5 |
referendum for the purposes of section 128(6) of the Political Parties, |
| |
Elections and Referendums Act 2000 (c. 41); |
| |
“Community Treaties” and “the Communities” have the same meanings |
| |
| |
“Community institution” means any institution of any of the |
| 10 |
Communities or an institution which is common to more than one of |
| |
| |
“Community instrument” means an instrument issued by a Community |
| |
| |
“Community obligation” means an obligation created or arising by or |
| 15 |
under the Community Treaties (whether or not an enforceable |
| |
| |
“counting officer” means a counting officer in relation to the referendum |
| |
for the purposes of section 128(5) of the Political Parties, Elections and |
| |
| 20 |
“Court of the Communities” means the Court of Justice of the European |
| |
Communities, the Communities’ Court of First Instance or a judicial |
| |
panel attached to the Communities’ Court of First Instance; |
| |
“devolved competence” means devolved competence within the meaning |
| |
of the Scotland Act 1998 (c. 46); |
| 25 |
“either-way offence”, in relation to Scotland or Northern Ireland, means |
| |
an offence triable either summarily or on indictment; |
| |
“enactment” includes Acts of the Scottish Parliament and Northern |
| |
Ireland legislation and any enactment passed after the passing of this |
| |
Act and before the entry into force of the EU Treaty; |
| 30 |
“enforceable Community right” means a right to which section 2(1) of the |
| |
1972 Act applied at any time before the entry into force of the EU |
| |
Treaty, and similar expressions are to be construed accordingly; |
| |
“modification” includes omission, addition or alteration, and cognate |
| |
expressions are to be construed accordingly; |
| 35 |
“the referendum” means the referendum to be held in pursuance of |
| |
| |
“subordinate legislation” means any Order in Council, order, rules, |
| |
regulations, scheme, warrant, byelaws or other instrument made |
| |
(whether before or after the passing of this Act) under any Act, Act of |
| 40 |
the Scottish Parliament or Northern Ireland legislation; |
| |
“transferred matter” means a transferred matter within the meaning of |
| |
section 4(1) of the Northern Ireland Act 1998 (c. 47); |
| |
“treaty” has the same meaning as in section 1(2) to (3) of the 1972 Act. |
| |
(3) | The enactments and instruments listed in Schedule 4 (which includes some |
| 45 |
that are spent) are repealed or revoked to the extent set out in column 2 of that |
| |
| |
(4) | Parts 1 and 2 and the repeals and revocations in Schedule 4 shall come into |
| |
force on such day as a Minister of the Crown may by order made by statutory |
| |
|
| |