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European Union Act 2011

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6Decisions requiring approval by Act and by referendumE+W+S+N.I.

This section has no associated Explanatory Notes

(1)A Minister of the Crown may not vote in favour of or otherwise support a decision to which this subsection applies unless—

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

(b)the referendum condition is met.

(2)Where the European Council has recommended to the member States the adoption of a decision under Article 42(2) of TEU in relation to a common EU defence, a Minister of the Crown may not notify the European Council that the decision is adopted by the United Kingdom unless—

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

(b)the referendum condition is met.

(3)A Minister of the Crown may not give a notification under Article 4 of Protocol (No. 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to TEU and TFEU which relates to participation by the United Kingdom in a European Public Prosecutor's Office or an extension of the powers of that Office unless—

(a)the notification has been approved by Act of Parliament, and

(b)the referendum condition is met.

(4)The referendum condition is that set out in section 3(2), with references to a decision being read for the purposes of subsection (1) as references to a draft decision and for the purposes of subsection (3) as references to a notification.

(5)The decisions to which subsection (1) applies are—

(a)a decision under the provision of Article 31(3) of TEU that permits the adoption of qualified majority voting;

(b)a decision under Article 48(7) of TEU which in relation to any provision listed in Schedule 1—

(i)adopts qualified majority voting, or

(ii)applies the ordinary legislative procedure in place of a special legislative procedure requiring the Council to act unanimously;

(c)a decision under Article 86(1) of TFEU involving participation by the United Kingdom in a European Public Prosecutor's Office;

(d)where the United Kingdom has become a participant in a European Public Prosecutor's Office, a decision under Article 86(4) of TFEU to extend the powers of that Office;

(e)a decision under Article 140(3) of TFEU which would make the euro the currency of the United Kingdom;

(f)a decision under the provision of Article 153(2) of TFEU (social policy) that permits the application of the ordinary legislative procedure in place of a special legislative procedure;

(g)a decision under the provision of Article 192(2) of TFEU (environment) that permits the application of the ordinary legislative procedure in place of a special legislative procedure;

(h)a decision under the provision of Article 312(2) of TFEU (EU finance) that permits the adoption of qualified majority voting;

(i)a decision under the provision of Article 333(1) of TFEU (enhanced co-operation) that permits the adoption of qualified majority voting, where the decision relates to a provision listed in Schedule 1 and the United Kingdom is a participant in the enhanced co-operation to which the decision relates;

(j)a decision under the provision of Article 333(2) of TFEU (enhanced co-operation) that permits the adoption of the ordinary legislative procedure in place of a special legislative procedure, where—

(i)the decision relates to a provision listed in Schedule 1,

(ii)the special legislative procedure requires the Council to act unanimously, and

(iii)the United Kingdom is a participant in the enhanced co-operation to which the decision relates;

(k)a decision under Article 4 of the Schengen Protocol that removes any border control of the United Kingdom.

(6)In subsection (5)(k) “the Schengen Protocol” means the Protocol (No. 19) on the Schengen acquis integrated into the framework of the European Union, annexed to TEU and TFEU.

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Commencement Information

I1S. 6 in force at 19.8.2011 by S.I. 2011/1984, art. 2

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