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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Subject to subsection (4), a treaty or an Article 48(6) decision falls within this section if it involves one or more of the following—
(a)the extension of the objectives of the EU as set out in Article 3 of TEU;
(b)the conferring on the EU of a new exclusive competence;
(c)the extension of an exclusive competence of the EU;
(d)the conferring on the EU of a new competence shared with the member States;
(e)the extension of any competence of the EU that is shared with the member States;
(f)the extension of the competence of the EU in relation to—
(i)the co-ordination of economic and employment policies, or
(ii)common foreign and security policy;
(g)the conferring on the EU of a new competence to carry out actions to support, co-ordinate or supplement the actions of member States;
(h)the extension of a supporting, co-ordinating or supplementing competence of the EU;
(i)the conferring on an EU institution or body of power to impose a requirement or obligation on the United Kingdom, or the removal of any limitation on any such power of an EU institution or body;
(j)the conferring on an EU institution or body of new or extended power to impose sanctions on the United Kingdom;
(k)any amendment of a provision listed in Schedule 1 that removes a requirement that anything should be done unanimously, by consensus or by common accord;
(l)any amendment of Article 31(2) of TEU (decisions relating to common foreign and security policy to which qualified majority voting applies) that removes or amends the provision enabling a member of the Council to oppose the adoption of a decision to be taken by qualified majority voting;
(m)any amendment of any of the provisions specified in subsection (3) that removes or amends the provision enabling a member of the Council, in relation to a draft legislative act, to ensure the suspension of the ordinary legislative procedure.
(2)Any reference in subsection (1) to the extension of a competence includes a reference to the removal of a limitation on a competence.
(3)The provisions referred to in subsection (1)(m) are—
(a)Article 48 of TFEU (social security),
(b)Article 82(3) of TFEU (judicial co-operation in criminal matters), and
(c)Article 83(3) of TFEU (particularly serious crime with a cross-border dimension).
(4)A treaty or Article 48(6) decision does not fall within this section merely because it involves one or more of the following—
(a)the codification of practice under TEU or TFEU in relation to the previous exercise of an existing competence;
(b)the making of any provision that applies only to member States other than the United Kingdom;
(c)in the case of a treaty, the accession of a new member State.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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