|
| |
|
| |
| |
| |
Treaty provisions where amendment removing need for unanimity, consensus |
| |
or common accord would attract referendum |
| |
| 5 |
Provisions of the Treaty on European Union |
| |
| Article 7(2) (determination by European Council of existence of serious and |
| |
persistent breach by member State of values referred to in Article 2). |
| |
| Article 14(2) (composition of European Parliament). |
| |
| Article 15(4) (decisions of European Council require consensus). |
| 10 |
| Article 17(5) (number of, and system for appointing, Commissioners). |
| |
| Article 19(2) (appointment of Judges and Advocates-General of European |
| |
| |
| Article 22(1) (identification of strategic interests and objectives of the EU). |
| |
| Article 24(1) (common foreign and security policy). |
| 15 |
| Article 31(1) (common foreign and security policy decisions under Chapter |
| |
| |
| Article 41(2) (decisions on expenditure in relation to common foreign and |
| |
| |
| Article 42(2) and (4) (common EU defence and common security and defence |
| 20 |
| |
| Article 46(6) (permanent structured co-operation). |
| |
| Article 48(3), (4), (6) and (7) (treaty revision procedures). |
| |
| Article 49 (application for EU membership). |
| |
| Article 50(3) (decision of European Council extending time during which |
| 25 |
treaties apply to state withdrawing from EU). |
| |
| |
Provisions of the Treaty on the Functioning of the European Union |
| |
| Article 19(1) (measures to combat discrimination based on sex, racial or |
| |
ethnic origin, religion or belief, age or sexual orientation). |
| 30 |
|
| |
|
| |
|
| Article 21(3) (measures concerning social security or social protection). |
| |
| Article 22(1) (arrangements to enable EU citizens living in another member |
| |
State to stand and vote in local elections in the State in which they reside). |
| |
| Article 22(2) (arrangements to enable such persons to stand and vote in |
| |
elections to the European Parliament in the State in which they reside). |
| 5 |
| Article 25 (provisions to strengthen or add to the rights of EU citizens listed |
| |
in Article 20(2) of TFEU). |
| |
| Article 77(3) (provisions concerning passports, identity cards, residence |
| |
| |
| Article 82(2)(d) (minimum rules on criminal procedure). |
| 10 |
| Article 83(1) (decision identifying other areas of crime to which provision is |
| |
| |
| Article 86(1) and (4) (European Public Prosecutor’s Office). |
| |
| Article 87(3) (police co-operation). |
| |
| Article 89 (cross-border operation by competent authorities). |
| 15 |
| Article 113 (harmonisation of indirect taxes). |
| |
| Article 115 (approximation of national laws affecting internal market). |
| |
| Article 121(2) (broad guidelines of economic policies), so far as relating to a |
| |
conclusion of the European Council. |
| |
| Article 126(14) (adoption of provisions replacing the protocol on the |
| 20 |
excessive deficit procedure). |
| |
| Article 127(6) (conferral on European Central Bank of specific tasks relating |
| |
to prudential supervision). |
| |
| Article 153(2)(b) (measures on working conditions, social security etc.). |
| |
| Article 155(2) (agreements at EU level between management and labour). |
| 25 |
| Article 192(2) (adoption of certain environmental measures). |
| |
| Article 194(3) (energy measures that are primarily of a fiscal nature). |
| |
| Article 203 (decisions establishing procedure for association of countries and |
| |
territories with the EU). |
| |
| Article 218(8) (certain international agreements). |
| 30 |
| Article 222(3) (decisions on implementation of solidarity clause having |
| |
| |
| Article 223(1) (uniform procedures for elections to European Parliament). |
| |
| Article 311 (own resources decisions). |
| |
| Article 312(2) (laying down of multi-annual financial framework). |
| 35 |
| Article 332 (decisions to allow expenditure on enhanced co-operation to be |
| |
borne by member States other than those participating). |
| |
| Article 333(1) and (2) (enhanced co-operation). |
| |
|
| |
|
| |
|
| Article 346(2) (changes to list of military products exempt from internal |
| |
| |
| Article 352(1) (measures to attain objectives of EU in cases where treaties |
| |
have not provided the necessary powers). |
| |
| 5 |
| |
Election of additional MEP |
| |
| |
| |
“list of candidates”, in relation to a registered party, means the list of |
| |
candidates that accompanied the party’s nomination paper for the |
| 10 |
general election of members of the European Parliament held on 4 |
| |
June 2009, in accordance with rules 6 and 7 of the European |
| |
Parliamentary elections rules in Schedule 1 to the European |
| |
Parliamentary Elections Regulations 2004 (S.I. 2004/293); |
| |
“MEP” means a Member of the European Parliament; |
| 15 |
“nominating officer”, in relation to a registered party, has the meaning |
| |
given by section 5(5) of the 2002 Act; |
| |
“registered party” has the meaning given by section 2(10) of the 2002 |
| |
| |
Allocation to a registered party |
| 20 |
2 (1) | The returning officer for the West Midlands electoral region must ascertain |
| |
the registered party to which the additional seat provided for by section 16 |
| |
falls to be allocated in accordance with section 17(1). |
| |
(2) | In the following provisions, that registered party is referred to as “the |
| |
| 25 |
3 (1) | The returning officer must ascertain from the qualifying party’s list of |
| |
candidates the name and address of the person whose name appears highest |
| |
on that list (“the first choice”), disregarding the name of any person who has |
| |
been returned as an MEP or who has died. |
| |
(2) | The returning officer must take such steps as the returning officer considers |
| 30 |
reasonable to contact the first choice to ask whether he or she will— |
| |
(a) | state in writing that he or she is willing and able to be returned as an |
| |
| |
(b) | deliver a certificate, signed by or on behalf of the nominating officer |
| |
of the qualifying party, stating that he or she may be returned as that |
| 35 |
| |
4 (1) | This paragraph applies where— |
| |
(a) | within such period as the returning officer considers reasonable, the |
| |
returning officer decides that steps taken to contact the first choice |
| |
| 40 |
|
| |
|
| |
|
(b) | the first choice has not provided to the returning officer, within such |
| |
period as the returning officer considers reasonable, the statement |
| |
and certificate referred to in paragraph 3(2), or |
| |
(c) | the first choice has provided to the returning officer a statement in |
| |
writing that he or she is not willing or able to be returned as an MEP. |
| 5 |
(2) | The returning officer must ascertain from the qualifying party’s list of |
| |
candidates the name and address of the person whose name appears next in |
| |
the qualifying party’s list of candidates (“the subsequent choice”), |
| |
disregarding the name of any person who has died. |
| |
(3) | The returning officer must take such steps as the returning officer considers |
| 10 |
reasonable to contact the subsequent choice to ask the question in paragraph |
| |
| |
5 (1) | This paragraph applies where— |
| |
(a) | within such period as the returning officer considers reasonable, the |
| |
returning officer decides that the steps taken to contact the |
| 15 |
subsequent choice have been unsuccessful, |
| |
(b) | the subsequent choice has not provided to the returning officer, |
| |
within such period as the returning officer considers reasonable, the |
| |
statement and certificate referred to in paragraph 3(2), or |
| |
(c) | the subsequent choice has provided to the returning officer a |
| 20 |
statement in writing that he or she is not willing or able to be |
| |
| |
(2) | The returning officer must repeat the procedure under paragraph 4(2) and |
| |
| |
(a) | the seat is filled, or |
| 25 |
(b) | there are no more names on the qualifying party’s list of candidates. |
| |
| |
(a) | the returning officer has, in accordance with this Schedule, asked a |
| |
subsequent choice the questions in paragraphs 3(2)(a) and (b), and |
| |
(b) | a person who was previously asked those questions (“the prior |
| 30 |
choice”) then provides the statement and certificate referred to in |
| |
| |
| the statement and certificate provided by the prior choice are to have no |
| |
effect unless and until any of the circumstances described in paragraph |
| |
5(1)(a), (b) or (c) apply in respect of the subsequent choice. |
| 35 |
7 (1) | Where on being asked under paragraphs 3 to 5 by the returning officer a |
| |
person whose name appears on the qualifying party’s list of candidates |
| |
provides the statement and certificate referred to in paragraph 3(2)(a) and |
| |
(b), the returning officer must— |
| |
(a) | declare in writing that person to be returned as an MEP, and |
| 40 |
(b) | prepare a statement containing the information specified in sub- |
| |
| |
(2) | The statement must specify— |
| |
(a) | the total number of valid votes (as notified to the returning officer) |
| |
given to each registered party at the general election of members of |
| 45 |
the European Parliament held on 4 June 2009, and |
| |
(b) | the number of votes which each party to which a seat has been |
| |
allocated had after the application of subsections (5) to (9) of section |
| |
|
| |
|
| |
|
2 of the 2002 Act (including that section as applied by section 17(1)) |
| |
at any stage when a seat was allocated to the party. |
| |
(3) | The returning officer must— |
| |
(a) | give public notice of a declaration given and a statement prepared |
| |
under this paragraph, and |
| 5 |
(b) | send a copy of the notice and statement to the Secretary of State. |
| |
By-election if seat not filled from qualifying party’s list of candidates |
| |
8 (1) | This paragraph applies where the additional seat cannot be filled in |
| |
accordance with paragraphs 3 to 7. |
| |
(2) | The returning officer must notify the Secretary of State that the seat cannot |
| 10 |
be filled in accordance with paragraphs 3 to 7. |
| |
(3) | A by-election is to be held to fill the seat. |
| |
(4) | The by-election is to take place on a day specified by order of the Secretary |
| |
| |
(5) | The by-election is to be conducted in accordance with regulations made |
| 15 |
| |
9 (1) | An order under paragraph 8(4) is to be made by statutory instrument. |
| |
(2) | A statutory instrument containing such an order is to be laid before |
| |
Parliament after being made. |
| |
|
| |
|