|
|
| |
| |
|
| | (a) | laid before Parliament; and |
|
| | (b) | approved by a resolution of each House. |
|
| | (7) | The Secretary of State may by order made by statutory instrument bring the |
|
| | provisions of this Act into force provided that a majority of votes in the |
|
| | referendum shall have been cast in favour of approving the Lisbon Treaty.’. |
|
| |
| | |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The provisions of this Act come into force in accordance with section |
|
| | |
| |
| | Common foreign and security policy |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The Secretary of State shall, not later than 1st January 2009, lay before both |
|
| | Houses of Parliament a report setting out the role and powers of the High |
|
| | Representative and External Action Service and how they differ from those of the |
|
| | proposed Foreign Minister and External Action Service in the Treaty establishing |
|
| | a Constitution for Europe.’. |
|
| |
|
|
| |
| |
|
| | Protection of existing police and criminal justice obligations |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Before the expiry of the transitional provision included in Article 10 of the |
|
| | Protocol on Transitional Provisions, the United Kingdom shall notify the Council |
|
| | that it does not accept the powers of the European Union institutions described in |
|
| | Article 10(1) of that Protocol over acts adopted before the entry into force of the |
|
| | |
| | (2) | In this section, “the Council” means that European Union institution founded on |
|
| | Article 16 of the Treaty on European Union.’. |
|
| |
| | Government opinion on adherence to subsidiarity |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The relevant Secretary of State shall present to Parliament his opinion on whether |
|
| | a draft European Union legislative act forwarded to national parliaments under |
|
| | the Protocol on the Role of National Parliaments in the European Union complies |
|
| | with the principles of conferral, subsidiarity and proportionality, set out in Article |
|
| | 5 of the Treaty on European Union. |
|
| | (2) | This opinion shall include supporting evidence.’. |
|
| |
| | Disapplication of the Charter of Fundamental Rights |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Notwithstanding any provision of the European Communities Act 1972, nothing |
|
| | in the Charter of Fundamental Rights of the European Union of December 7th |
|
| | 2000, as adapted at Strasbourg on December 12th 2007, shall be binding in any |
|
|
|
| |
| |
|
| | legal proceedings in the United Kingdom and shall not form part of the law |
|
| | applicable in any part of the United Kingdom.’. |
|
| |
| | Disapplication of the legislative procedure in relation to justice and home affairs |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Notwithstanding any provision of the European Communities Act 1972, nothing |
|
| | in Articles 68 to 89 of the Treaty on the Functioning of the European Union shall |
|
| | be binding in any legal proceedings in the United Kingdom and shall not form |
|
| | part of the law applicable in any part of the United Kingdom.’. |
|
| |
| | |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Notwithstanding any provision of the European Communities Act 1972, nothing |
|
| | in this Act shall affect or be construed by any court in the United Kingdom as |
|
| | affecting Article IX of the Bill of Rights 1689.’. |
|
| |
|
|
| |
| |
|
| | |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Notwithstanding any provision of the European Communities Act 1972, nothing |
|
| | in this Act shall affect or be construed by any court in the United Kingdom as |
|
| | affecting the supremacy of the United Kingdom Parliament.’. |
|
| |
| | Advice of the Attorney General on the extension of the jurisdiction of the European Court |
|
| | of Justice in the United Kingdom |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘This Act shall not come into force until |
|
| | (1) | Her Majesty’s Government has obtained specific legal advice from the Attorney |
|
| | General setting out the extent to which the provisions of the Treaty of Lisbon |
|
| | extend the jurisdiction of the European Court of Justice in the United Kingdom; |
|
| | (2) | Her Majesty’s Government has laid before Parliament a report based on that |
|
| | |
| | (3) | The report has been approved by resolution of each House of Parliament.’. |
|
| |
| | Charter of fundamental rights |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘For the avoidance of doubt, no decision of the European Court of Justice which |
|
| | is based on any application of the provisions of the Charter of Fundamental |
|
|
|
| |
| |
|
| | Rights of the European Union to interpreting or applying the law of the European |
|
| | Union shall have any force of law or effect in the United Kingdom.’. |
|
| |
| |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Referendum on the Treaty of Lisbon |
|
| | |
| | 1 (1) | A referendum shall be held, not later than six months after Royal Assent, |
|
| | throughout the United Kingdom and Gibraltar on 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 of Lisbon?” |
|
| | (3) | A Minister of the Crown may by order make provision in relation to the |
|
| | |
| | (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, with prominence, in Welsh. |
|
| | (4) | The question in Welsh is— |
|
| | | “A ddylai’r Deyrnas Gyfunol gymeradwyo Cyfundeb Lisbon?” |
|
| | (5) | Every power of a Minister of the Crown to make an order under this paragraph |
|
| | 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. |
|
| | Entitlement to vote in the referendum |
|
| | 2 (1) | Subject to subparagraph (2), a person is entitled to vote in the referendum, if |
|
| | on the day it is held, he has— |
|
| | (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 goverment |
|
| | election in an electoral area in Great Britain or at a local election in an |
|
| | electoral area in Northern Ireland; |
|
| | (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 |
|
| | 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 subparagraph (1) for disregarding alterations |
|
| | made after a specified date in a register of electors. |
|
| | (3) | An order under subparagraph (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 |
|
| | 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 subparagraph (2) may be made only if a draft of the order has |
|
| | |
| | (a) | laid before Parliament; and |
|
| | (b) | approved by a resolution of each House. |
|
| | |
| | |
| | (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 election of councillors is held in |
|
| | England and Wales under the Local Government Act 1972 |
|
| | |
| | (b) | an electoral ward for which an election of councillors is held in |
|
| | Scotland under the Local Government etc. (Scotland) Act 1994 |
|
| | |
| | (c) | an area for which an election of members of a district coucil is |
|
| | held in Northern Ireland under section 11 of the Electoral Law |
|
| | Act (Northern Ireland) 1962 (c.14); |
|
| | “electoral region” means an electoral region mentioned in section 1(2) od |
|
| | the European Parliamentary Elections Act 2002 (c.24); |
|
| | “European Parliamentary election” means an election of a representative |
|
| | to the European Parliament. |
|
| | Legal challenge to the referendum result |
|
| | 3 (1) | No court may entertain any proceedings for questioning the number of ballot |
|
| | papers counted or votes cast in the referendum, as certified— |
|
| | (a) | by the Chief Counting Officer, or |
|
| | |
| | | unless the proceedings are brought in accodance with this section. |
|
| | (2) | The proceedings may be brought— |
|
| | (a) | in England and Wales, only by a claim for judicial review; |
|
| | (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. |
|
| | (4) | The court in Scotland must refuse a petition unless it is lodged before the end |
|
| | |
|
|
| |
| |
|
| | (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 paragraph “the permitted period” means the period of six weeks starting |
|
| | |
| | (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 |
|
| | |
| |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Conduct of the Referendum |
|
| | |
| | 1 (1) | In this Schedule “the 2000 Act” means the Political Parties, Elections and |
|
| | Referendums Act 2000 (c. 41). |
|
| | (2) | Expressions used in this Schedule and in Part 7 of the 2000 Act have the same |
|
| | meanings in this Schedule as in that Part. |
|
| | |
| | 2 | The Electoral Commission may do anything they think necessary or expedient |
|
| | for the purpose of encouraging voting at the referendum. |
|
| | 3 (1) | For the purpose of encouraging voting at the referendum the Electoral |
|
| | Commission may, in particular, direct each counting officer to provide such |
|
| | impartial information as may be specified in the direction to every person who |
|
| | is entitled, in the referendum, to vote in the counting officer’s voting area. |
|
| | (2) | A direction under this paragraph may also include requirements as to the form |
|
| | and manner in which the information is to be sent. |
|
| | (3) | A direction under this paragraph may not require the inclusion of additional |
|
| | information in a document or part of a document the form of which is |
|
| | prescribed by or under any enactment. |
|
| | (4) | In subparagraph (1) “voting area”, in relation to a counting officer, means— |
|
| | (a) | in the case of a counting officer appointed for a relevant area in Great |
|
| | |
| | (b) | in the case of the Chief Electoral Officer for Northern Ireland in his |
|
| | capacity as a counting officer, Northern Ireland; and |
|
| | (c) | in the case of a counting officer for Gibraltar, Gibraltar. |
|
|