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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

5

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

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

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,

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.

 
 

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.

7       

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—

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;

10

(c)   

a peer who, by virtue of section 3 of the Representation of the People

Act 1985 (c. 50) (peers resident outside the United Kingdom), would be

entitled to vote as an elector at a European Parliamentary election in an

electoral region; or

(d)   

a Commonwealth citizen who would be entitled to vote in Gibraltar as

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an elector at a European Parliamentary election in the combined

electoral region in which Gibraltar is comprised.

(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—

30

(a)   

laid before Parliament; and

(b)   

approved by a resolution of each House.

(5)   

In subsection (1)—

“electoral area” means—

(a)   

an electoral division or ward (or, in the case of a parish or

35

community in which there are no wards, the parish or

community) for which an 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

40

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 Northern Ireland under section 11 of the Electoral Law

Act (Northern Ireland) 1962 (c. 14);

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“electoral region” means an electoral region mentioned in section 1(2) of

the European Parliamentary Elections Act 2002 (c. 24);

 
 

European Union Bill
Part 4 — Supplemental

10

 

“European Parliamentary election” means an election of a representative

to the European Parliament.

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—

5

(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;

10

(b)   

in Scotland, only by a petition for judicial review;

(c)   

in Northern Ireland, only by an application for judicial review;

(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.

15

(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

20

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

9       

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

30

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

35

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 charged and paid out of that

Fund under any other Act.

40

(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.

 
 

European Union Bill
Part 4 — Supplemental

11

 

(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

Fund, into the Consolidated Fund; and

(b)   

if the Treasury do so determine, into the National Loans Fund.

5

(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

purposes of subsection (5).

10      

Supplemental provisions

10

(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

referendum for the purposes of section 128(6) of the Political Parties,

15

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

Communities or an institution which is common to more than one of

20

them;

“Community instrument” means an instrument issued by a Community

institution;

“Community obligation” means an obligation created or arising by or

under the Community Treaties (whether or not an enforceable

25

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;

“Court of the Communities” means the Court of Justice of the European

30

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);

“either-way offence”, in relation to Scotland or Northern Ireland, means

35

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;

“enforceable Community right” means a right to which section 2(1) of the

40

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;

“the referendum” means the referendum to be held in pursuance of

45

section 6;

“subordinate legislation” means any Order in Council, order, rules,

regulations, scheme, warrant, byelaws or other instrument made

 
 

European Union Bill
Part 4 — Supplemental

12

 

(whether before or after the passing of this Act) under any Act, Act of

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.

5

(3)   

The enactments and instruments listed in Schedule 4 (which includes some

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

10

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)

15

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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