PART IV
THE EUROPEAN UNION
Chapter 18: RELATIONSHIP BETWEEN
THE UNITED KINGDOM AND THE EUROPEAN UNION
103 European Union [439]
(1) All such rights, powers, liabilities, obligations
and restrictions from time to time created or arising by or under
the Treaties, and all such remedies and procedures from time to
time provided for by or under the Treaties, as in accordance with
the Treaties are without further enactment to be given legal effect
or used in the United Kingdom shall be recognised and available
in law, and be enforced, allowed and followed accordingly; and
the expression "enforceable EU right" and similar expressions
shall be read as referring to one to which this subsection applies.
(2) Subject to Schedule 2 to the European Communities
Act 1972 (c.68), at any time after its passing Her Majesty may
by Order in Council, and any designated Minister or department
may by order, rules, regulations or scheme, make provision—
(a) for the purpose of implementing any EU obligation
of the United Kingdom, or enabling any such obligation to be implemented,
or of enabling any rights enjoyed or to be enjoyed by the United
Kingdom under or by virtue of the Treaties to be exercised; or
(b) for the purpose of dealing with matters arising
out of or related to any such obligation or rights or the coming
into force, or the operation from time to time, of subsection
(1) above;
and in the exercise of any statutory power or duty,
including any power to give directions or to legislate by means
of orders, rules, regulations or other subordinate instrument,
the person entrusted with the power or duty may have regard to
the objects of the EU and to any such obligation or rights as
aforesaid.
In this subsection "designated Minister or department"
means such Minister of the Crown or government department as may
from time to time be designated by Order in Council in relation
to any matter or for any purpose, but subject to such restrictions
or conditions (if any) as may be specified by the Order in Council.
(3) There shall be charged on and issued out of the
Consolidated Fund or, if so determined by the Treasury, the National
Loans Fund the amounts required to meet any EU obligation to make
payments to the EU or a member State, or any EU obligation in
respect of contributions to the capital or reserves of the European
Investment Bank or in respect of loans to the Bank, or to redeem
any notes or obligations issued or created in respect of any such
EU obligation and, except as otherwise provided by or under any
enactment,—
(a) any other expenses incurred under or by virtue
of the Treaties or the European Communities Act 1972 (c.68) by
any Minister of the Crown or government department may be paid
out of moneys provided by Parliament; and
(b) any sums received under or by virtue of the Treaties
or the European Communities Act 1972 (c.68) by any Minister of
the Crown or government department, save for such sums as may
be required for disbursements permitted by any other enactment,
shall be paid into the Consolidated Fund or, if so determined
by the Treasury, the National Loans Fund.
(4) The provision that may be made under subsection
(2) above includes, subject to Schedule 2 to the European Communities
Act 1972 (c.68), any such provision (of any such extent) as might
be made by Act of Parliament, and any enactment passed or to be
passed, other than one contained in this part of this Constitution,
shall be construed and have effect subject to the foregoing provisions
of this section; but, except as may be provided by any Act passed
after the European Communities Act 1972 (c.68), the said Schedule
2 shall have effect in connection with the powers conferred by
this section and the European Communities Act 1972 (c.68) to make
Orders in Council or orders, rules, regulations or schemes.
(5) And the references in that subsection to a Minister
of the Crown or government department and to a statutory power
or duty shall include a Minister or department of the Government
of Northern Ireland and a power or duty arising under or by virtue
of an Act of the Parliament of Northern Ireland.
(6) A law passed by the legislature of any of the
Channel Islands or of the Isle of Man, or a colonial Law (within
the meaning of the Colonial Laws Validity Act 1865) passed or
made for Gibraltar, if expressed to be passed or made in the implementation
of the Treaties and of the obligations of the United Kingdom thereunder,
shall not be void or inoperative by reason of any inconsistency
with or repugnancy to an Act of Parliament, passed or to be passed,
that extends to the Island or Gibraltar or any provision having
the force and effect of an Act there (but not including this section),
nor by reason of its having some operation outside the Island
or Gibraltar; and any such Act or provision that extends to the
Island or Gibraltar shall be construed and have effect subject
to the provisions of any such law.
104 Status of EU Law
(1) Directly applicable or directly effective EU
law (that is, the rights, powers, liabilities, obligations, restrictions,
remedies and procedures referred to in section 103(1), above)
falls to be recognised and available in law in the United Kingdom
only by virtue of that section or where it is required to be recognised
and available in law by virtue of any other Act.[440]
105 Amendment to European Treaties
(1) For the purposes of the interpretation of this
section: [441]
(a) "TEU" means the Treaty on European
Union.[442]
(b) "TFEU" means the Treaty on the Functioning
of the European Union.[443]
(c) A reference to a treaty which amends TEU or TFEU
includes a reference to—
(i) a treaty resulting from the application of Article
48(2) to (5) of TEU (ordinary revision procedure);
(ii) an agreement under Article 49 of TEU (admission
of new members).[444]
(d) An "Article 48(6) decision" means a
decision under Article 48(6) of TEU (simplified revision procedure).[445]
(e) Except in a reference to "the European Council",
"the Council" means the Council of the European Union.[446]
(f) A reference to a Minister of the Crown voting
in favour of or otherwise supporting a decision is a reference
to a Minister of the Crown—
(i) voting in favour of the decision in the European
Council or the Council, or
(ii) allowing the decision to be adopted by consensus
or unanimity by the European Council or the Council.[447]
(2) A treaty which amends or replaces TEU or TFEU
is not to be ratified unless—
(a) a statement relating to the treaty was laid before
Parliament in accordance with the procedure set out in section
5 of the European Union Act 2011 (c.12),
(b) the treaty is approved by Act of Parliament,
and
(c) the referendum condition or the exemption condition
is met.[448]
(3) The referendum condition is that—
(a) the Act providing for the approval of the treaty
provides that the provision approving the treaty is not to come
into force until a referendum about whether the treaty should
be ratified has been held throughout the United Kingdom or, where
the treaty also affects Gibraltar, throughout the United Kingdom
and Gibraltar,
(b) the referendum has been held, and
(c) the majority of those voting in the referendum
are in favour of the ratification of the treaty. [449]
(3) The exemption condition is that the Act providing
for the approval of the treaty states that the treaty does not
fall within section 4 of the European Union Act 2011 (c.12). [450]
Chapter 19: EUROPEAN PARLIAMENTARY
ELECTIONS
106 Electoral Regions and number of MEPs
(1) There shall be 73 members of the European Parliament
("MEPs") elected for the United Kingdom.[451]
(2) For the purposes of electing those MEPs—
(a) the area of England and Gibraltar is divided
into the nine electoral regions specified in Schedule 1 to the
European Parliamentary Elections Act 2002 (c.24); and
(b) Scotland, Wales and Northern Ireland are each
single electoral regions.[452]
(3) The number of MEPs to be elected for each electoral
region is as follows—
East Midlands 5
Eastern 7
London 8
North East 3
North West 8
South East 10
South West 6
West Midlands 7
Yorkshire and the Humber 6
Scotland 6
Wales 4
Northern Ireland 3 [453]
107 Voting system in Great Britain and Gibraltar
(1) The system of election of MEPs in an electoral
region other than Northern Ireland is to be a regional list system.
[454]
(2) The Secretary of State must by regulations—
(a) make provision for the nomination of registered
parties in relation to an election in such a region, and
(b) require a nomination under paragraph (a) to be
accompanied by a list of candidates numbering no more than the
MEPs to be elected for the region. [455]
(3) The system of election must comply with the following
conditions. [456]
(4) A vote may be cast for a registered party or
an individual candidate named on the ballot paper. [457]
(5) The first seat is to be allocated to the party
or individual candidate with the greatest number of votes.
[458]
(6) The second and subsequent seats are to be allocated
in the same way, except that the number of votes given to a party
to which one or more seats have already been allocated are to
be divided by the number of seats allocated plus one. [459]
(7) In allocating the second or any subsequent seat
there are to be disregarded any votes given to—
(a) a party to which there has already been allocated
a number of seats equal to the number of names on the party's
list of candidates, and
(b) an individual candidate to whom a seat has already
been allocated. [460]
(8) Seats allocated to a party are to be filled by
the persons named on the party's list of candidates in the order
in which they appear on that list. [461]
(9) For the purposes of subsection (6) fractions
are to be taken into account. [462]
(10) In this section "registered party"
means a party registered under Part 2 of the Political Parties,
Elections and Referendums Act 2000 (c. 41). [463]
108 Voting system in Northern Ireland
(1) The system of election of MEPs in Northern Ireland
is to be a single transferable vote system under which—
(a) a vote is capable of being given so as to indicate
the voter's order of preference for the candidates, and
(b) a vote is capable of being transferred to the
next choice—
(i) when the vote is not required to give a prior
choice the necessary quota of votes, or
(ii) when, owing to the deficiency in the number
of votes given for a prior choice, that choice is eliminated from
the list of candidates. [464]
109 Date of elections
(1) The poll at each general election of MEPs is
to be held on a day appointed by order of the Secretary of State.
[465]
110 Persons entitled to vote
(1) A person is entitled to vote as an elector at
an election to the European Parliament in an electoral region
if he is within any of subsections (2) to (5). [466]
(2) A person is within this subsection if on the
day of the poll he would be entitled to vote as an elector at
a parliamentary election in a parliamentary constituency wholly
or partly comprised in the electoral region, and—
(a) the address in respect of which he is registered
in the relevant register of parliamentary electors is within the
electoral region, or
(b) his registration in the relevant register of
parliamentary electors results from an overseas elector's declaration
which specifies an address within the electoral region. [467]
(3) A person is within this subsection if—
(a) he is a peer who on the day of the poll would
be entitled to vote at a local government election in an electoral
area wholly or partly comprised in the electoral region, and
(b) the address in respect of which he is registered
in the relevant register of local government electors is within
the electoral region. [468]
(4) A person is within this subsection if he is entitled
to vote in the electoral region by virtue of section 3 of the
Representation of the People Act 1985 (c. 50) (peers resident
outside the United Kingdom). [469]
(5) A person is within this subsection if he is entitled
to vote in the electoral region by virtue of the European Parliamentary
Elections (Franchise of Relevant Citizens of the Union) Regulations
2001 (S.I. 2001/1184) (citizens of the European Union other
than Commonwealth and Republic of Ireland citizens). [470]
(6) Subsection (1) has effect subject to any provision
of regulations made under the European Parliamentary Elections
Act 2002 (c.24) which provides for alterations made after a specified
date in a register of electors to be disregarded.[471]
(7) In subsection (3) "local government election"
includes a municipal election in the City of London (that is,
an election to the office of mayor, alderman, common councilman
or sheriff and also the election of any officer elected by the
mayor, aldermen and liverymen in common hall). [472]
(8)The entitlement to vote under this section does
not apply to voting in Gibraltar.[473]
439 European Communities Act 1972 c.68 s2 Back
440
European Union Act 2011 c.12 s18 Back
441
European Union Act 2011 c.12 s1(1) Back
442
European Union Act 2011 c.12 s1(2) Back
443
European Union Act 2011 c.12 s1(3) Back
444
European Union Act 2011 c.12 s1(4) Back
445
European Union Act 2011 c.12 s1(5) Back
446
European Union Act 2011 c.12 s1(6) Back
447
European Union Act 2011 c.12 s1(7) Back
448
European Union Act 2011 c.12 s2(1) Back
449
European Union Act 2011 c.12 s2(2) Back
450
European Union Act 2011 c.12 s2(3) Back
451
European Parliamentary Elections Act 2002 (hereafter 'EPEA 2002')
c.24 s1(1) Back
452
EPEA 2002 c.24 s1(2) Back
453
EPEA 2002 c.24 s1(3) Back
454
EPEA 2002 c.24 s2(1) Back
455
EPEA 2002 c.24 s2(2) Back
456
EPEA 2002 c.24 s2(3) Back
457
EPEA 2002 c.24 s2(4) Back
458
EPEA 2002 c.24 s2(5) Back
459
EPEA 2002 c.24 s2(6) Back
460
EPEA 2002 c.24 s2(7) Back
461
EPEA 2002 c.24 s2(8) Back
462
EPEA 2002 c.24 s2(9) Back
463
EPEA 2002 c.24 s2(10) Back
464
EPEA 2002 c.24 s3 Back
465
EPEA 2002 c.24 s4 Back
466
EPEA 2002 c.24 s8(1) Back
467
EPEA 2002 c.24 s8(2) Back
468
EPEA 2002 c.24 s8(3) Back
469
EPEA 2002 c.24 s8(4) Back
470
EPEA 2002 c.24 s8(5) Back
471
EPEA 2002 c.24 s8(6) Back
472
EPEA 2002 c.24 s8(7) Back
473
EPEA 2002 c.24 s8(8) Back
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