Territorial Extent and Application
36.The Act extends to the whole of the UK. The subject matter of the Act is reserved to the Westminster Parliament.
37.Part 2 of the Act also extends to Gibraltar, because Gibraltar participates in UK elections to the European Parliament. The electoral data used to determine the UK electoral region that should be allocated the additional MEP provided for by Part 2 incorporated elector numbers in Gibraltar, as they are included in the franchise for the South West England electoral region.
38.Where any of the provisions of a proposed treaty, Article 48(6) decision or decision in section 6 would affect Gibraltar, then any referendum held in accordance with the provisions of Part 1 of this Act would need to be held both throughout the UK and Gibraltar. The Act approving the treaty or decision and providing for the referendum would therefore need to extend to Gibraltar.