European Union Act 2011

Part 2 Implementation of transitional Protocol on MEPs

15 Protocol on MEPs: approval, and addition to list of treaties

(1) The Protocol amending the Protocol (No. 36) on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, signed at Brussels on 23 June 2010, is approved for the purposes of section 5 of the European Union (Amendment) Act 2008 (amendment of founding Treaties: approval by Act of Parliament).

(2) In section 1(2) of the European Communities Act 1972, in the definition of “the Treaties”, after paragraph (s) insert— “and

(t) the Protocol amending the Protocol (No. 36) on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, signed at Brussels on 23 June 2010;”.

16 Number of MEPs and electoral regions

(1) Section 1 of the European Parliamentary Elections Act 2002 is amended as follows.

(2) In subsection (1) (number of members of the European Parliament) for “72” substitute “73”.

(3) In subsection (3) (electoral regions) for the entry relating to the West Midlands substitute—

“West Midlands

7”

17 Election of additional MEP

(1) The additional seat allocated to the West Midlands electoral region by virtue of section 16 is to be filled by applying subsections (5) to (9) of section 2 of the 2002 Act (voting system in Great Britain and Gibraltar) to the results of the poll at the general election of members of the European Parliament held on 4 June 2009, as if the seat had been allocated to the region at that date.

(2) Subsection (1) is subject to Schedule 2 which makes further provision about the filling of the additional seat.

(3) This section and Schedule 2—

(a) cease to have effect on the date appointed under section 4 of the 2002 Act as the date of the poll at the next general election of members of the European Parliament after the passing of this Act, and

(b) do not affect the procedure to be followed in accordance with regulations made under section 5 of the 2002 Act if, after being filled in accordance with this section and Schedule 2, the additional seat subsequently becomes vacant before that date.

(4) In this section and in Schedule 2 “the 2002 Act” means the European Parliamentary Elections Act 2002.