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Part 1 E+W+S+N.I.Restrictions on treaties and decisions relating to EU

Restrictions relating to amendments of TEU or TFEUE+W+S+N.I.

4Cases where treaty or Article 48(6) decision attracts a referendumE+W+S+N.I.

(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.

Annotations:

Commencement Information

I1S. 4 in force at 19.8.2011 by S.I. 2011/1984, art. 2