European Union Act 2011

3 Amendment of TFEU under simplified revision procedure

(1) Where the European Council has adopted an Article 48(6) decision subject to its approval by the member States, a Minister of the Crown may not confirm the approval of the decision by the United Kingdom unless—

(a) a statement relating to the decision was laid before Parliament in accordance with section 5,

(b) the decision is approved by Act of Parliament, and

(c) the referendum condition, the exemption condition or the significance condition is met.

(2) The referendum condition is that—

(a) the Act providing for the approval of the decision provides that the provision approving the decision is not to come into force until a referendum about whether the decision should be approved has been held throughout the United Kingdom or, where the decision 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 approval of the decision.

(3) The exemption condition is that the Act providing for the approval of the decision states that the decision does not fall within section 4.

(4) The significance condition is that the Act providing for the approval of the decision states that—

(a) the decision falls within section 4 only because of provision of the kind mentioned in subsection (1)(i) or (j) of that section, and

(b) the effect of that provision in relation to the United Kingdom is not significant.