European Union (Accessions) Bill

House of Commons

Session 2005 - 06
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European Union (Accessions) Bill

European Union (Accessions) Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Foreign and Commonwealth Office, are

published separately as Bill 51—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Straw has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the European Union (Accessions) Bill are compatible

with the Convention rights.

Bill 51

54/1

European Union (Accessions) Bill

Contents

1

Accession treaty

2

Freedom of movement for workers

3

Short title

Bill 51

54/1

European Union (Accessions) Bill

1

A

Bill

To

Make provision consequential on the treaty concerning the accession of the

Republic of Bulgaria and Romania to the European Union, signed at

Luxembourg on 25th April 2005; and to make provision in relation to the

entitlement of nationals of those states to enter or reside in the United

Kingdom as workers.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Accession treaty

(1)

In section 1(2) of the European Communities Act 1972 (c. 68), in the definition

of “The Treaties” and “the Community Treaties”, after paragraph (q) insert—



“and

(r)

the treaty concerning the accession of the Republic of Bulgaria

5

and Romania to the European Union, signed at Luxembourg on

25th April 2005;”.

(2)

For the purposes of section 12 of the European Parliamentary Elections Act

2002 (c. 24) (ratification of treaties), the treaty concerning the accession of the

Republic of Bulgaria and Romania to the European Union, signed at

10

Luxembourg on 25th April 2005, is approved.

2

Freedom of movement for workers

(1)

The Secretary of State may by regulations make provision concerning—

(a)

the entitlement of a national of an acceding State to enter or reside in

the United Kingdom as a worker;

15

(b)

any matter ancillary to that entitlement.

(2)

The provision that may be made by regulations under this section includes

provision which applies (with or without modification) a specified enactment

relating to—

(a)

the entitlement of a national of an EEA State to enter or reside in the

20

United Kingdom as a worker, or

Bill 51 54/1

European Union (Accessions) Bill

2

(b)

any matter ancillary to that entitlement,



to a national of an acceding State as it applies in relation to a national of an EEA

State.

(3)

Regulations under this section may (in particular) include provision the effect

of which is—

5

(a)

to make it a requirement that a national of an acceding State working in

the United Kingdom be registered in accordance with the regulations;

(b)

to make it a requirement that a fee is payable in respect of applications

or registration under the regulations;

(c)

to make it an offence for an employer to employ a national of an

10

acceding State unless his employment of that person is authorised by

the regulations.

(4)

An offence by virtue of regulations under this section—

(a)

may be a summary offence or an offence triable either way; and

(b)

is not to be punishable by imprisonment or, on summary conviction, by

15

a fine exceeding the statutory maximum.

(5)

Regulations under this section—

(a)

may include incidental, supplementary, consequential or transitional

provision; and

(b)

may make different provision for different cases.

20

(6)

The power to make regulations under this section is exercisable by statutory

instrument.

(7)

No regulations may be made containing (with or without other provision) any

provision the power to make which is conferred by this section unless—

(a)

a draft of the regulations has been laid before Parliament and approved

25

by a resolution of each House; or

(b)

the regulations contain a declaration by the Secretary of State that the

urgency of the matter makes it necessary for the regulations to be made

without that approval.

(8)

Regulations under this section that contain such a declaration—

30

(a)

must be laid before Parliament after being made; and

(b)

if not approved by a resolution of each House before the end of 40 days

beginning with the day on which they were made, shall cease to have

effect at the end of that period;



but, where regulations cease to have effect in accordance with this subsection,

35

that does not affect anything previously done under them, or prevent the

making of new regulations to the same or similar effect.

(9)

In subsection (8) “40 days” means 40 days computed as provided for in section

7(1) of the Statutory Instruments Act 1946 (c. 36).

(10)

In this section —

40

“acceding State” means the Republic of Bulgaria or Romania;

“EEA State” means—

(a)

a member State, other than the United Kingdom and the

acceding States; or

(b)

Norway, Iceland or Liechtenstein;

45

“enactment” includes a provision of any subordinate legislation (within

the meaning of the Interpretation Act 1978 (c. 30));

European Union (Accessions) Bill

3

“modification” includes omissions, additions and alterations;

“specified” means specified in regulations made under this section;

“worker” has the same meaning as it does for the purposes of Article 39 of

the Treaty establishing the European Community.

3

Short title

5

This Act may be cited as the European Union (Accessions) Act 2005.

European Union (Accessions) Bill

A

Bill

To Make provision consequential on the treaty concerning the accession of the

Republic of Bulgaria and Romania to the European Union, signed at

Luxembourg on 25th April 2005; and to make provision in relation to the

entitlement of nationals of those states to enter or reside in the United

Kingdom as workers.

Presented by Mr Secretary Straw

supported by

The Prime Minister, Mr Secretary Prescott,

Mr Secretary Blunkett,

Secretary Margaret Beckett, Mr Secretary Clarke,

Secretary Alan Johnson and

Mr Douglas Alexander.

Ordered, by The House of Commons,

to be printed, 11th October 2005.

© Parliamentary copyright House of Commons 2005

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