Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

Your Ladyship will see that section 1(2) concerns "the Treaties", capital T, and at the end of section 1(2) it says, after original B:

"... and any other treaty [lower case] entered into by any of the communities with or without any of the member states or entered into as a treaty [lower case] ancillary to any of the Treaties [capital T] by the United Kingdom."

Then (3) is defining these ancillary treaties:

"If Her Majesty by ordering council declares the treaty [lower case] specified in the order is to be regarded as one of the community Treaties [upper case] as herein defined, the order shall be conclusive that it is to be so regarded."

The explanation of that is that there are treaties, lower case, which are ancillary to the main community Treaties, but what has happened on all occasions when the main Treaties have been amended, is that they have been the subject of express parliamentary approval under section 1(2) before ratification. That is the explanation of the distinction between the --

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