Constitutional Reform and Governance Act 2010

20 Treaties to be laid before Parliament before ratification U.K.

(1) Subject to what follows, a treaty is not to be ratified unless—

(a) a Minister of the Crown has laid before Parliament a copy of the treaty,

(b) the treaty has been published in a way that a Minister of the Crown thinks appropriate, and

(c) period A has expired without either House having resolved, within period A, that the treaty should not be ratified.

(2) Period A is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (1)(a) is met.

(3) Subsections (4) to (6) apply if the House of Commons resolved as mentioned in subsection (1)(c) (whether or not the House of Lords also did so).

(4) The treaty may be ratified if—

(a) a Minister of the Crown has laid before Parliament a statement indicating that the Minister is of the opinion that the treaty should nevertheless be ratified and explaining why, and

(b) period B has expired without the House of Commons having resolved, within period B, that the treaty should not be ratified.

(5) Period B is the period of 21 sitting days beginning with the first sitting day after the date on which the requirement in subsection (4)(a) is met.

(6) A statement may be laid under subsection (4)(a) in relation to the treaty on more than one occasion.

(7) Subsection (8) applies if—

(a) the House of Lords resolved as mentioned in subsection (1)(c), but

(b) the House of Commons did not.

(8) The treaty may be ratified if a Minister of the Crown has laid before Parliament a statement indicating that the Minister is of the opinion that the treaty should nevertheless be ratified and explaining why.

(9) “Sitting day” means a day on which both Houses of Parliament sit.

Modifications etc. (not altering text)

C1 S. 20 excluded (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 32, 42(6)(c) (with s. 38(3))

C2 S. 20 excluded (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 36, 40(6)(e)

Commencement Information

I1 S. 20 in force at 11.11.2010 by S.I. 2010/2703, art. 2(b)