European Union Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

European Union Bill

European Union Bill
Part 3 — Referendum on the EU Treaty
8

(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
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Union.
(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
provisions; or
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(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
provisions;

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
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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
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rule of law.
Part 3
Referendum on the EU Treaty
6
Holding a referendum
(1)
A referendum shall be held throughout the United Kingdom and Gibraltar on
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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
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referendum which—
(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,
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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.

European Union Bill
Part 3 — Referendum on the EU Treaty
9

(7)
Schedule 3 (which makes provision about the conduct of the referendum) has
effect.
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Entitlement to vote in the referendum
(1)
Subject to subsection (2), a person is entitled to vote in the referendum if, on the
day it is held, he is—
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(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
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(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.
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(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
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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
been—
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(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
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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
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Northern Ireland under section 11 of the Electoral Law Act (Northern
Ireland) 1962 (c. 14).
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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—
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(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;
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European Union Bill
Part 4 — Supplemental
10

(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.
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(4)
The court in Scotland must refuse a petition unless it is lodged before the end
of the permitted period.
(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
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with—
(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.
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Part 4
Supplemental
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Financial provisions
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown or government
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department by virtue of this Act; and
(b)
any increase attributable to this Act in the sums payable out of such money
under any other Act.
(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
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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
other Act.
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(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
Act must be paid—
(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
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purposes of subsection (5).

European Union Bill
Part 4 — Supplemental
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Supplemental provisions
(1)
This Act may be cited as the European Union Act 2005.
(2)
In this Act—
“the 1972 Act” means the European Communities Act 1972 (c. 68);
“Chief Counting Officer” means the Chief Counting Officer for the
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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
as in the 1972 Act;
“Community institution” means any institution of any of the
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Communities or an institution which is common to more than one of
them;
“Community instrument” means an instrument issued by a Community
institution;
“Community obligation” means an obligation created or arising by or
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under the Community Treaties (whether or not an enforceable
Community obligation);
“counting officer” means a counting officer in relation to the referendum
for the purposes of section 128(5) of the Political Parties, Elections and
Referendums Act 2000;
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“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);
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“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;
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“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;
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“the referendum” means the referendum to be held in pursuance of
section 6;
“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
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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
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that are spent) are repealed or revoked to the extent set out in column 2 of that
Schedule.
(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

European Union Bill
Part 4 — Supplemental
12

instrument appoint; and different days may be appointed for different
purposes.
(5)
An order may be made under subsection (4) only if—
(a)
the Chief Counting Officer has given a certificate under section 128(6)
of the Political Parties, Elections and Referendums Act 2000 (c. 41)
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certifying the outcome of the referendum; and
(b)
the total number of votes certified as cast in favour of the answer “Yes”
exceeds the total number certified as cast in favour of the answer “No”.
(6)
Part 3 and, so far as it relates to that Part, this Part of this Act extend to
Gibraltar.
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