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Sovereignty of Parliament (European Communities) Bill


Sovereignty of Parliament (European Communities) Bill

1

 

A

Bill

To

Provide that Community Treaties, Community instruments and Community

obligations shall only be binding in legal proceedings in the United Kingdom

insofar as they do not conflict with a subsequent, expressly inconsistent

enactment of the Parliament of the United Kingdom. 

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       

European Union Treaties and the United Kingdom Parliament

(1)   

Community treaties, Community instruments and Community obligations

shall be binding in legal proceedings in the United Kingdom only insofar as

they do not conflict with an enactment to which subsection (2) applies.

(2)   

This subsection applies to any enactment which includes the words: “The

5

provisions of this enactment shall take effect notwithstanding the provisions of

the European Communities Act 1972.”.

(3)   

In this section—

“Community instrument” has the same meaning as in Part 2 of Schedule

1 to the European Communities Act 1972;

10

“Community obligation” has the same meaning as in Part 2 of Schedule 1

to the European Communities Act 1972;

“Community treaties” has the same meaning as in section 1(2) of the

European Communities Act 1972;

“enactment” means any Act passed by the Parliament of the United

15

Kingdom or any statutory instrument made under such an Act.

2       

Short title

This Act may be cited as the Sovereignty of Parliament (European

Communities) Act 2008.

 

Bill 40                                                                                                 

54/3

 
 

 
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