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| Clause 11, page 7, leave out from beginning of line 36 to the end of line 7 on page 8 |
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| | “(8) | An Act of the Assembly cannot modify, or confer power by subordinate |
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| | legislation to modify, retained EU law which relates to matters specified in |
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| | Schedule 7A to the Government of Wales Act 2006.” |
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| | Member’s explanatory statement
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| | This amendment would remove the restrictions on the National Assembly for Wales modifying |
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| | retained EU law except in relation to matters that are reserved. |
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| Clause 11, page 8, line 9, leave out from “Assembly)” to end of line 28 and insert |
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| | Member’s explanatory statement
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| | This amendment is intended to remove the proposed bar on the Northern Ireland Assembly |
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| | legislating inconsistently with EU law. |
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| Clause 11, page 8, leave out lines 14 to 28 and insert— |
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| | “(8) | An Act of the Assembly cannot modify, or confer power by subordinate |
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| | legislation to modify, retained EU law which relates to matters specified in |
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| | Schedules 2 or 3 to the Northern Ireland Act 1998.” |
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| | Member’s explanatory statement
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| | This amendment would remove the restrictions on the Northern Ireland Assembly modifying |
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| | retained EU law except in relation to matters that are reserved or excepted. |
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| Peter Grant | Caroline Lucas |
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| Clause 11, page 8, line 28, at end insert— |
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| | “(3A) | This section shall not come into effect until— |
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| | (a) | the Scottish Parliament has passed a resolution approving the provisions |
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| | (b) | the National Assembly for Wales has passed a resolution approving the |
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| | provisions in subsection (2); and |
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| | (c) | the Northern Ireland Assembly has passed a resolution approving the |
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| | provisions in subsection (3).” |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 10 OR SCHEDULE 2, |
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| Caroline Lucas | Layla Moran | Jo Swinson |
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| Schedule 2, page 20, line 18, leave out paragraph 10 |
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| | Member’s explanatory statement
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| | This amendment is intended to remove the proposed restriction in the Bill on devolved authorities |
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| | modifying retained direct EU legislation etc. |
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| Schedule 2, page 22, line 15, leave out “two years beginning with exit day” and |
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| insert “12 months beginning with March 2019” |
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| | Member’s explanatory statement
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| | This amendment would restrict the use of the delegated powers granted to Ministers in clause 8 to |
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| | a period of 12 months after 29 March 2019. |
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| Caroline Lucas | Layla Moran | Jo Swinson |
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| Schedule 2, page 22, line 25, leave out paragraph 15 |
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| | Member’s explanatory statement
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| | This amendment is intended to remove the proposed restriction in the Bill on devolved authorities |
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| | modifying retained direct EU legislation etc. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 12 OR SCHEDULE 4, |
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| Liz Kendall | Mike Gapes | Catherine McKinnell | Stephen Doughty |
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| | To move the following Clause— |
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| | | “Withdrawal Agreement Payment to the European Union |
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| | Nothing in section 12 of this Act shall be taken to permit a Minister of the Crown, |
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| | government department or devolved authority to pay out of money provided by |
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| | Parliament expenditure in relation to a settlement in respect of the making of a |
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| | withdrawal agreement with the European Union unless a draft of the instrument |
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| | authorising that payment has been laid before, and approved by a resolution of the |
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| | Member’s explanatory statement
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| | This new clause would ensure that the financial provision made in section 12 of this Act does not |
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| | allow the Government to make a payment in settlement of the UK’s withdrawal from the European |
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| | Union as part of a withdrawal agreement or new Treaty unless it has been expressly approved by |
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| Liz Kendall | Stephen Doughty | Mr Pat McFadden | Paul Farrelly | Mr David Lammy | Ian Murray | Catherine McKinnell |
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| Clause 12, page 9, line 4, at end insert— |
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| | “(5) | No payment shall be made to the European Union or its member states in respect |
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| | of the making of a withdrawal agreement or a new Treaty with the European |
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| | Union or any new settlement relating to arrangements that are to be made after |
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| | exit day unless a draft of the instrument authorising the payment has been laid |
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| | before, and approved by a resolution of the House of Commons.” |
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| | Member’s explanatory statement
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| | This amendment would ensure that there is a vote in the House of Commons to approve any |
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| | settlement payment agreed by Ministers as a consequence of negotiations on a withdrawal |
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| | agreement or new Treaty with the European Union. |
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| NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE 7, CLAUSE 7 |
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| | To move the following Clause— |
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| | | “Regulations to deal with deficiencies arising from withdrawal – Independent |
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| | Within one month of Royal Assent of this Act HM Government shall commission |
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| | the publication of an Independent Report into the constitutional implications of |
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| | the powers delegated to Ministers in section 7 of this Act and the implications |
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| | these powers will have on the relationship between Parliament and the executive, |
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| | the rule of law and legal certainty, and the stability of the UK’s territorial |
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| | Member’s explanatory statement
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| | This new clause would require the Government to commission an Independent Report into the |
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| | constitutional implications of the wide-ranging powers to make regulations delegated to Ministers |
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| | in Clause 7 of the Bill, in pursuance of the conclusions of the 3rd Report of the House of Lords |
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| | Select Committee on the Constitution session 2017-19 (HL Paper 19) “European Union |
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| | (Withdrawal) Bill: interim report” |
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| Darren Jones | Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Ian Murray | Stephen Doughty | Mrs Madeleine Moon |
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| | To move the following Clause— |
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| | | “Scope of delegated powers |
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| | Subject to sections 8 and 9 and paragraphs 13 and 21 of Schedule 2, any power |
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| | to make, confirm or approve subordinate legislation conferred or modified under |
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| | this Act and its Schedules must be used, and may only be used, insofar as is |
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| | necessary to ensure that retained EU law continues to operate with equivalent |
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| | scope, purpose and effect following the United Kingdom’s exit from the EU.” |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that the powers to create secondary legislation given |
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| | to Ministers by the Bill can be used only in pursuit of the overall statutory purpose, namely to allow |
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| | retained EU law to continue to operate effectively after exit day. |
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| Darren Jones | Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Ian Murray | Stephen Doughty | Mrs Madeleine Moon |
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| | To move the following Clause— |
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| | | “Treatment of retained law |
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| | (1) | Following the commencement of this Act, no modification may be made to |
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| | retained EU law save by primary legislation, or by subordinate legislation made |
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| | (2) | By regulation, the Minister may establish a Schedule listing technical provisions |
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| | of retained EU law that may be amended by subordinate legislation. |
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| | (3) | Regulations made under subsection (2) will be subject to an enhanced scrutiny |
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| | procedure including consultation with the public and relevant stakeholders. |
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| | (4) | Regulations may only be made under subsection (2) to the extent that they will |
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| | have no detrimental impact on the UK environment. |
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| | (5) | Delegated powers may only be used to modify provisions of retained EU law |
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| | listed in any Schedule made under subsection (2) to the extent that such |
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| | modification will not limit the scope or weaken standards of environmental |
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| | Member’s explanatory statement
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| | This new clause provides a mechanism for Ministers to establish a list of technical provisions of |
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| | retained EU law that may be amended by subordinate legislation outside of the time restrictions |
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| Darren Jones | Ruth Cadbury | Catherine McKinnell | Stella Creasy | Ms Karen Buck | Ms Angela Eagle | Ian Murray | Stephen Doughty | Mrs Madeleine Moon |
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| | To move the following Clause— |
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| | | “Institutional arrangements |
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| | (1) | Before exit day a Minister of the Crown must make provision that all powers and |
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| | functions relating to the environment or environmental protection that were |
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| | exercisable by EU entities or other public authorities anywhere in the United |
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| | Kingdom before exit day which do not cease to have effect as a result of the |
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| | withdrawal agreement (“relevant powers and functions“) will— |
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| | (a) | continue to be carried out by an EU entity or public authority; |
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| | (b) | be carried out by an appropriate existing or newly established entity or |
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| | public authority in the United Kingdom; or |
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| | (c) | be carried out by an appropriate international entity or public authority. |
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| | (2) | For the purposes of this section, relevant powers and functions relating to the UK |
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| | exercisable by an EU entity or public authority include, but are not limited to— |
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| | (a) | monitoring and measuring compliance with legal requirements, |
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| | (b) | reviewing and reporting on compliance with legal requirements, |
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| | (c) | enforcement of legal requirements, |
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| | (d) | setting standards or targets, |
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| | (e) | co-ordinating action, |
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| | (f) | publicising information including regarding compliance with |
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| | (3) | Within 12 months of exit day, the Government shall consult on and bring forward |
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| | proposals for the creation by primary legislation of— |
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| | (a) | a new independent body or bodies with powers and functions at least |
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| | equivalent to those of EU entities and public authorities in Member States |
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| | in relation to environment; and |
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| | (b) | a new domestic framework for environmental protection and |
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| | (4) | Responsibility for any functions or obligations arising from retained EU law for |
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| | which no specific provision has been made immediately after commencement of |
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| | this Act will belong to the relevant Minister until such a time as specific provision |
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| | for those functions or obligations has been made.” |
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| | Member’s explanatory statement
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| | This new clause requires the Government to establish new domestic governance proposals |
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| | following the UK’s exit from the EU and to ensure statutory and institutional basis for future |
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| | environmental protection. |
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| Mike Gapes | Catherine McKinnell | Stephen Doughty | Caroline Lucas |
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| Clause 7, page 5, line 4, leave out “appropriate” and insert “necessary” |
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| | Member’s explanatory statement
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| | This Amendment would reduce the wide discretion for using delegated legislation and limit it to |
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| | those aspects which are unavoidable. |
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| Mr Edward Vaizey | Stephen Doughty |
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| Clause 7, page 5, line 5, leave out from “effectively” to end of line 6 on page 6. |
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| Mary Creagh | Rachel Reeves | Norman Lamb | Mr David Lammy | Ian Murray | Mike Gapes | Catherine McKinnell | Stephen Doughty |
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| Clause 7, page 5, line 7, at end insert— |
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| | “(1A) | Regulations under subsection (1) may be made so far as necessary to adapt the |
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| | body of EU law to fit the UK’s domestic legal framework.” |
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| | Member’s explanatory statement
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| | This amendment would place a general provision on the face of the Bill to the effect that the |
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| | delegated powers granted by the Bill should be used only so far as necessary. |
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