European Union (Withdrawal) Act 2018

8A

• (1) A Minister of the Crown may by regulations—

• (a) provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

• (b) provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

• (c) make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,

• (d) modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or

• (e) make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

• (2) The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

• (3) In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.

• (4) No regulations may be made under subsection (1) after the end of the period of two years beginning with IP completion day.

13A

• (1) Subsection (2) applies where the European Scrutiny Select Committee of the House of Commons (“the ESC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

• (a) states that, in the opinion of the ESC, the EU legislation raises a matter of vital national interest to the United Kingdom,

• (b) confirms that the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has consulted any Departmental Select Committee of the House of Commons which the ESC considers also has an interest in the EU legislation, and

• (c) sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (2).

• (2) A Minister of the Crown must, within the period of 14 Commons sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (1)(c) to be debated and voted on by the House of Commons.

• (3) Subsection (4) applies where the EU Select Committee of the House of Lords (“the EUC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

• (a) states that, in the opinion of the EUC, the EU legislation raises a matter of vital national interest to the United Kingdom,

• (b) confirms that the EUC has taken such evidence as it considers appropriate as to the effect of the EU legislation, and

• (c) sets out the wording of a motion to be moved in the House of Lords in accordance with subsection (4).

• (4) A Minister of the Crown must, within the period of 14 Lords sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (3)(c) to be debated and voted on by the House of Lords.

• (5) In this section—

• “EU legislation” means—any amendment to the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty or the EEA agreement,any EU directive, orany EU regulation or EU decision which is not EU tertiary legislation;

• “the European Scrutiny Select Committee of the House of Commons” means the Select Committee of the House of Commons known as the European Scrutiny Select Committee or any successor of that committee;

• “the EU Select Committee of the House of Lords” means the Select Committee of the House of Lords known as the EU Select Committee or any successor of that committee.

15A

A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.

15B

The functions of the United Kingdom’s co-chair of the Joint Committee, under Annex VIII of the withdrawal agreement (rules of procedure of the Joint Committee and specialised committees), are to be exercised personally by a Minister of the Crown (and, accordingly, only a Minister of the Crown may be designated as a replacement under Rule 1(3)).

15C

• (1) The United Kingdom’s co-chair of the Joint Committee may not consent to the Joint Committee using the written procedure provided for in Rule 9(1) of Annex VIII of the withdrawal agreement.

• (2) In subsection (1) the reference to the United Kingdom’s co-chair of the Joint Committee includes a reference to any designee of the co-chair designated under Rule 1(3) of Annex VIII of the withdrawal agreement.

PART 1A — Provision in connection with implementation period

Extent

11A

• (1) A devolved authority may by regulations—

• (a) provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

• (b) provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

• (c) make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

• (d) make such provision not falling within paragraph (a), (b) or (c) as the devolved authority considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

• (2) A Minister of the Crown acting jointly with a devolved authority may by regulations—

• (a) provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

• (b) provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

• (c) make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

• (d) make such provision not falling within paragraph (a), (b) or (c) as they consider appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

• (3) The power to make regulations under this Part may (among other things) be exercised by modifying any provision made by or under an enactment.

• (4) In sub-paragraph (3) “enactment” does not include primary legislation passed or made after IP completion day.

• (5) No regulations may be made under this Part after the end of the period of two years beginning with IP completion day.

• (6) Regulations under sub-paragraph (1) are also subject to paragraphs 11B and 11C.

11B

• (1) No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

• (2) See paragraphs 11D to 11F for the meaning of “devolved competence” for the purposes of this Part.

11C

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

11D

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

• (a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or

• (b) it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11E

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

• (a) it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or

• (b) it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11F

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

• (a) the provision, if it were contained in an Act of the Northern Ireland Assembly—

• (i) would be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and

• (ii) would not require the consent of the Secretary of State,

• (b) the provision—

• (i) amends or repeals Northern Ireland legislation, and

• (ii) would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or

• (c) the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).

PART 1A — Scrutiny of Specific Powers Relating to Withdrawal Agreement Etc.

Powers in connection with Part 4 of the withdrawal agreement

8A

A statutory instrument containing regulations under section 1A(3)(a)(ii) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

8B

• (1) A statutory instrument containing regulations under section 8A which amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (2) Any other statutory instrument containing regulations under section 8A is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (4) Any other regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

• (5) A statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (6) Any other statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) Regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (8) Any other regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8C

• (1) This paragraph applies to regulations under Part 1A of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

• (2) The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

• (3) A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (4) Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure.

• (6) Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

• (7) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

• (8) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

• (9) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

• (10) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (11) Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (12) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—

• (a) primary legislation, ...

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (13) Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

• (14) If in accordance with sub-paragraph (4), (6), (11) or (13)—

• (a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

• (b) a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

• (15) In sub-paragraph (14) “relevant devolved legislature” means—

• (a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

• (b) in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

• (c) in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

• (16) Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

• (17) Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

8D

• (1) A statutory instrument containing regulations under section 8B which amend, repeal or revoke—

• (a) primary legislation, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (2) Any other statutory instrument containing regulations under section 8B is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

• (a) primary legislation, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

• (4) Any other regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

• (5) A statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

• (a) primary legislation, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (6) Any other statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) Regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

• (a) primary legislation, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (8) Any other regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8E

• (1) This paragraph applies to regulations under Part 1B of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.