The European Union Act 2011 (Commencement No. 1) Order 2011

Article 2 of this order brings into force, on 19th August 2011, Part 1 of, and Schedule 1 to, the European Union Act 2011, which is to do with restrictions on treaties and decisions relating to the EU. Part 1 provides for three types of control in the UK before the Government can ratify or approve a treaty or decision that amends or replaces the Treaty of the European Union (TEU) or the Treaty on the Functioning of the European Union (TFEU), or approve certain decisions specified in the existing TEU or TFEU. The three types of control under Part 1 are:

• primary legislation and a national referendum in cases where a treaty or a decision has the effect of conferring further competence or power from the UK to the European Union;

• primary legislation; and

• an affirmative vote in both Houses of Parliament.

Part 1 also makes provision for the persons who would be entitled to vote in a referendum held as a result of this Act; provides that a separate question would need to be framed for each issue requiring a referendum; and provides that the Electoral Commission will pursue additional awareness-raising activities as they deem to be appropriate in relation to any future referendum held in accordance with this Act.

Schedule 1 to the European Union Act 2011 lists those provisions of the TEU or the TFEU which, if amended to remove the need for unanimity, consensus or common accord, would require approval by primary legislation and the holding of a referendum.