Part 1Restrictions on treaties and decisions relating to EU

Restrictions relating to amendments of TEU or TFEU

3Amendment 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.