European Union Bill

House of Commons

Session 2005 - 06
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European Union Bill

European Union Bill
Schedule 3 — Conduct of the referendum
34

(h)
provision for expenses incurred by specified persons in accordance
with the order to be charged on and paid out of the Consolidated
Fund.
      (3)
Before making an order under this paragraph the Minister in question must
consult both—
5
(a)
the Government of Gibraltar; and
(b)
the Electoral Commission.
      (4)
An order under this paragraph may—
(a)
provide for conduct to constitute a criminal offence under the law of
Gibraltar;
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(b)
extend and apply to Gibraltar, with or without modification, the
provisions of any enactment or subordinate legislation relating to
any matter mentioned in sub-paragraph (2);
(c)
modify any such enactment or subordinate legislation (including
any imposing criminal liability) so far as it has effect in relation to
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any part of the United Kingdom;
(d)
modify or apply or incorporate, with or without modification, the
provisions of any legislation in force in Gibraltar relating to elections
or referendums or to any such matter.
      (5)
The capacity of the Gibraltar legislature to make law in relation to any matter
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in relation to which provision may be made under this paragraph is not
affected by the existence of the power conferred by this paragraph.
      (6)
But sub-paragraph (5) is not to be construed as restricting the operation in
relation to a law made by the Gibraltar legislature of the Colonial Laws
Validity Act 1865 (c. 63) (under which colonial laws are void if repugnant to
25
provision made under an Act of Parliament).
Supplementary provision
9
This Act does not affect the power of the Secretary of State to make provision
under section 129 of the 2000 Act (orders regulating the conduct of
referendums) for or in connection with the referendum.
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10
Section 126 of the 2000 Act (identification of promoter and publisher of
referendum materials) does not apply to any material published for the
purposes of the referendum if the publication is required under or by virtue
of an order under section 129 of that Act.
Orders under this Schedule
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11    (1)
Every power to make an order under this Schedule shall be exercisable by
statutory instrument.
      (2)
An order under paragraph 5 or 8 may be made only if a draft of the order has
been—
(a)
laid before Parliament; and
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(b)
approved by a resolution of each House.
      (3)
An order under this Schedule may—
(a)
apply or incorporate, with or without modification, the provision of
an enactment or subordinate legislation relating to donations,
elections or referendums;
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European Union Bill
Schedule 4 — Repeals and revocations
35

(b)
make different provision for different cases, including different
provision for different parts of the United Kingdom and different
provision for Gibraltar;
(c)
make provision subject to such exemptions and exceptions as the
Minister making the order thinks fit; and
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(d)
make such incidental, supplemental, consequential and transitional
provision as that Minister thinks fit.
Interpretation of Schedule
12    (1)
In this Schedule—
“donation” means anything which is or corresponds to a donation
10
within the meaning of Part 4 of the Political Parties, Elections and
Referendums Act 2000 (c. 41); and
“programme services” means any services which would be programme
services within the meaning of the Broadcasting Act 1990 (c. 42) if
Gibraltar were part of the United Kingdom.
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Schedule 4
Section 10

Repeals and revocations

Title and chapter or number
Extent of repeal or revocation

European Communities Act
In section 3, the words “or any court attached

1972 (c. 68)
thereto”, wherever occurring.

20

In section 5(1)—

(a)
the words “on and after the relevant

date”;

(b)
the words from “or, if the goods” to the

end of the subsection.

25

In section 6(5)—

(a)
in paragraph (b) the words “6 (including

Schedule 1)”;

(b)
in the words after paragraph (b), the

words “(except subsection (3) and the

30

reference to that subsection in subsection

(2))”.

In section 11—

(a)
in subsection (1), the words “or any

court attached thereto” in both places;

35

(b)
in subsection (2), the words “except

section 10(4)”.

In Schedule 2, in paragraph 4(1), the words “(1)

or”.

Interpretation Act 1978 (c. 30)
In Schedule 1, the entry relating to “The

40

Communities”, “the Treaties”, “the

Community Treaties” and the other

expressions defined by section 1 of, and

Schedule 1 to, the European Communities

Act 1972.

45

European Union Bill
Schedule 4 — Repeals and revocations
36

Title and chapter or number
Extent of repeal or revocation

European Communities (Greek
The whole Act.

Accession) Act 1979 (c. 57)

European Communities
The whole Act.

(Spanish and Portuguese

5

Accession) Act 1985 (c. 75)

European Communities
Sections 1.

(Amendment) Act 1986 (c. 58)
Section 2(b).

Section 3(4).

European Communities
Section 1.

10

(Amendment) Act 1993 (c. 32)
Section 7.

European Economic Area Act
Section 1.

1993 (c. 51)

European Union (Accessions)
The whole Act.

Act 1994 (c. 38)

15

European Communities
The whole Act.

(Amendment) Act 1998 (c. 21)

Scotland Act 1998 (c. 46)
In Schedule 8, paragraph 15(3).

Scotland Act 1998 (Transitory
In Schedule 2, the entry relating to “The

and Transitional Provisions)
Communities”, “the Treaties”, “the

20

(Publication and
Community Treaties” and the other

Interpretation etc. of Acts of
expressions defined by section 1 of, and

the Scottish Parliament)
Schedule 1 to, the European Communities

Order 1999 (S.I. 1999/1379)
Act 1972.

European Communities
The whole Act.

25

(Finance) Act 2001 (c. 22)

European Communities
The whole Act.

(Amendment) Act 2002 (c. 3)

European Parliamentary
In Schedule 3, paragraph 1.

Elections Act 2002 (c. 24)

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European Union (Accessions)
Section 1.

Act 2003 (c. 35)