European Union (Withdrawal) Bill (HC Bill 5)

(4) In subsection (5), for “in pursuance of an EU obligation etc” substitute “in
pursuance of an international obligation”.

30 In the heading before section 80 (EU law, human rights and international
obligations etc.), before “EU” insert “Retained”.

31 (1) 5Section 80 (EU law) is amended as follows.

(2) In the heading, before “EU” insert “Retained”.

(3) In subsection (1), for “An EU obligation” substitute “A retained EU
obligation”.

(4) In subsection (2), for “an EU obligation” substitute “a retained EU
10obligation”.

(5) In subsection (3)—

(a) for “an EU obligation” substitute “a retained EU obligation”, and

(b) for “the EU obligation” substitute “the retained EU obligation”.

(6) In subsection (7)—

(a) 15for “an EU obligation” substitute “a retained EU obligation”, and

(b) for “the EU obligation” substitute “the retained EU obligation”.

(7) In subsection (9), after “(8)” insert “to (8B)”.

32 In section 111 (proceedings on Bills), in subsection (6), omit paragraph (b)
but not the “or” at the end of it.

33 20Omit section 113 (ECJ references).

34 In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the
“or” before it.

35 (1) Section 116E (Welsh taxpayers) is amended as follows.

(2) In subsection (4)—

(a) 25insert “or” at the end of paragraph (a), and

(b) omit paragraph (b) and the “or” at the end of it.

(3) In subsection (6), for “any of paragraphs (a) to (c)” substitute “paragraph (a)
or (c)”.

36 In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection
30(2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

37 In section 158(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

38 In section 159 (index of defined expressions), omit the entry for EU law.

39 35In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph
5 and the heading before it (EU obligations).

40 In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

(a) omit the entry for the European Communities Act 1972, and

(b) after the entry for the Energy Act 2008 insert—

41 In Schedule 11 (transitional provisions), omit paragraph 35A and the
5heading before it (instrument containing provisions under transferred
power and provision under power in section 2(2) of the European
Communities Act 1972: Assembly procedure).

Northern Ireland Act 1998

42 The Northern Ireland Act 1998 is amended as follows.

43 (1) 10Section 7 (entrenched enactments) is amended as follows.

(2) In subsection (1)—

(a) for “subsection (2)” substitute “subsection (2A)”,

(b) omit paragraph (a),

(c) omit “and” at the end of paragraph (c), and

(d) 15after paragraph (d) insert “, and

(e) the European Union (Withdrawal) Act 2017”.”

(3) Omit subsection (2).

(4) Before subsection (3) insert—

“(2A) Subsection (1) does not prevent an Act of the Assembly or
20subordinate legislation modifying—

(a) paragraph 1(8) or (9) or 2(12) or (13) of Schedule 7 to the
European Union (Withdrawal) Act 2017,

(b) paragraph 10 of Schedule 8 to that Act, or

(c) any regulations made under that Act.””

44 25Omit section 12 (reconsideration where reference made to ECJ).

45 In section 13 (stages of Bills), omit subsection (5)(b).

46 In section 14 (submission of Bills by the Secretary of State for Royal Assent),
in subsection (3), omit paragraph (b) and the “or” before it.

47 In the heading of section 24 (EU law, Convention rights etc.)—

(a) 30omit “EU law,”, and

(b) after “rights” insert “, retained EU law”.

48 (1) Section 27 (quotas for purposes of international etc. obligations) is amended
as follows.

(2) In subsection (1)(a), for “an obligation under EU law” substitute “a retained
35EU obligation”.

(3) In subsection (2), for “obligation under EU law” substitute “retained EU
obligation”.

(4) In subsection (4), omit “or an obligation under EU law”.

(5) After that subsection insert—

“(4A) Where an order under subsection (1) is in force in relation to a
retained EU obligation, the Minister or Northern Ireland department
must (in the exercise of the Minister’s or the department’s functions)
5achieve so much of the result to be achieved under the obligation as
is specified in the order by the time or times so specified.””

49 In section 98(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

50 (1) 10Schedule 2 (excepted matters) is amended as follows.

(2) In paragraph 3(c), for “, obligations under the Human Rights Convention
and obligations under EU law” substitute “and obligations under the
Human Rights Convention”.

(3) In paragraph 12(1), omit “, the European Parliament”.

51 15In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “,
any obligation” to “such an obligation”.

Section 12(1)

SCHEDULE 4 Powers in connection with fees and charges

Part 1 20Charging in connection with certain new functions

Power to provide for fees or charges

1 (1) An appropriate authority may by regulations make provision for, or in connection
with, the charging of fees or other charges in connection with the exercise of a
function (“the relevant function”) which a public authority has by virtue of
25provision made under—

(a) section 7 or Part 1 of Schedule 2 (powers to deal with deficiencies arising
from withdrawal),

(b) section 8 or Part 2 of Schedule 2 (powers relating to compliance with
international obligations), or

(c) 30section 9 or Part 3 of Schedule 2 (powers to implement the withdrawal
agreement).

(2) Where there is more than one appropriate authority in relation to the relevant
function, two or more of the appropriate authorities may make regulations under
this paragraph jointly.

(3) 35Regulations under this paragraph may (among other things)—

(a) prescribe the fees or charges or make provision as to how they are to be
determined;

(b) provide for the recovery or disposal of any sums payable under the
regulations;

(c) confer power on the public authority to make, by subordinate legislation,
any provision that the appropriate authority may make under this
paragraph in relation to the relevant function.

Meaning of “appropriate authority”

2 (1) 5A Minister of the Crown is an “appropriate authority” for the purposes of
paragraph 1.

(2) The Scottish Ministers are an “appropriate authority” for the purposes of
paragraph 1—

(a) if the Scottish Ministers (whether acting jointly or alone) made the
10provision, as mentioned in paragraph 1(1), by virtue of which the
public authority has the relevant function,

(b) if the relevant function is a function of the Scottish Ministers, the First
Minister or the Lord Advocate, or

(c) if the provision by virtue of which the public authority has the
15relevant function, if it were included in an Act of the Scottish
Parliament, would be within the legislative competence of that
Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far
as relating to EU law and retained EU law).

(3) The Welsh Ministers are an “appropriate authority” for the purposes of
20paragraph 1—

(a) if the Welsh Ministers (whether acting jointly or alone) made the
provision, as mentioned in paragraph 1(1), by virtue of which the
public authority has the relevant function,

(b) if the relevant function is a function of the Welsh Ministers, or

(c) 25if the provision by virtue of which the public authority has the
relevant function, if it were included in an Act of the National
Assembly for Wales, would be within the legislative competence of
that Assembly (ignoring section 108A(2)(e) of the Government of
Wales Act 2006 so far as relating to EU law and retained EU law but
30including any provision that could be made only with consent of a
Minister of the Crown).

(4) A Northern Ireland department is an “appropriate authority” for the
purposes of paragraph 1—

(a) if a Northern Ireland department (whether acting jointly or alone)
35made the provision, as mentioned in paragraph 1(1), by virtue of
which the public authority has the relevant function,

(b) if the relevant function is a function of a Northern Ireland devolved
authority, or

(c) if the provision by virtue of which the public authority has the
40relevant function, if it were included in an Act of the Northern
Ireland Assembly—

(i) would be within the legislative competence of that Assembly
(ignoring section 6(2)(d) of the Northern Ireland Act 1998),
and

(ii) 45would not require the consent of the Secretary of State.

Requirements for consent

3 (1) A Minister of the Crown may only make regulations under paragraph 1 with
the consent of the Treasury.

(2) A devolved authority may only make regulations under paragraph 1 with
5the consent of a Minister of the Crown if—

(a) the relevant function is a function of a Minister of the Crown, or

(b) the public authority that has the relevant function—

(i) in the case of the Scottish Ministers, has any functions that
can be exercised otherwise than in or as regards Scotland,

(ii) 10in the case of the Welsh Ministers, has any functions that can
be exercised otherwise than in relation to Wales or the Welsh
zone, or

(iii) in the case of a Northern Ireland department, has any
functions that can be exercised otherwise than in or as
15regards Northern Ireland and is not an implementation body.

(3) In sub-paragraph (2)(b)(iii) “implementation body” has the same meaning as
in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that
section).

Minister of the Crown power in relation to devolved authorities

4 20A Minister of the Crown may by regulations—

(a) prescribe circumstances in which, or functions in relation to which, a
devolved authority is to be regarded as being an appropriate
authority for the purposes of paragraph 1;

(b) provide that a devolved authority that is regarded as being an
25appropriate authority under regulations made under paragraph (a)
may only make regulations under paragraph 1, by virtue of being so
regarded, with the consent of a Minister of the Crown;

(c) prescribe circumstances in which, or functions in relation to which, a
devolved authority may, despite paragraph 3(2), make regulations
30under paragraph 1 without the consent of a Minister of the Crown.

Relationship to other powers

5 This Part does not affect the powers under section 7, 8 or 9 or Schedule 2, or
any other power exercisable apart from this Part, to require the payment of,
or to make other provision in relation to, fees or other charges.

35Part 2 Modifying pre-exit fees or charges

Power to modify pre-exit fees or charges

6 (1) Sub-paragraph (2) applies where any subordinate legislation contains provision
(“the charging provision”) for, or in connection with, the charging of fees or other
40charges that—

(a) was made under section 2(2) of the European Communities Act 1972,
section 56 of the Finance Act 1973 or this Part, and

(b) forms part of retained EU law.

(2) Any appropriate authority may by regulations make provision (“the proposed
modification”) modifying the subordinate legislation for the purposes of—

(a) revoking the charging provision,

(b) altering the amount of any of the fees or charges that are to be charged,

(c) 5altering how any of the fees or charges are to be determined, or

(d) otherwise altering the fees or charges that may be charged in relation to
anything in respect of which fees or charges may be charged under the
charging provision.

Meaning of “appropriate authority”

7 10In this Part an “appropriate authority” means a Minister of the Crown, or
devolved authority, that could have made the proposed modification—

(a) under section 2(2) of the European Communities Act 1972
immediately before the repeal of that section by section 1, or

(b) under section 56 of the Finance Act 1973 immediately before the
15amendment of that section by paragraph 6 of Schedule 8.

Restriction on exercise of power

8 (1) Where the charging provision consists solely of 1972 Act provision,
regulations under this Part may not impose or increase taxation.

(2) In sub-paragraph (1) “1972 Act provision” means—

(a) 20provision that is made under section 2(2) of the European
Communities Act 1972 and not under section 56 of the Finance Act
1973, including such provision as modified under this Part, or

(b) provision that is made under this Part and is incidental to, or
supplements or replaces, provision within paragraph (a).

25Requirement for consent

9 If a Minister of the Crown—

(a) is an appropriate authority, and

(b) immediately before the amendment of section 56 of the Finance Act
1973 by paragraph 6 of Schedule 8 could only have made the
30proposed modification under that section,

the Minister may only make that modification under this Part with the
consent of the Treasury.

Relationship to other powers

10 This Part does not affect the powers under section 7, 8 or 9 or Schedule 2, or
35any other power exercisable apart from this Part, to require the payment of,
or to make other provision in relation to, fees or other charges.

Section 13(1) and (2)

SCHEDULE 5 Publication and rules of evidence

Part 1 Publication of retained direct EU legislation etc.

5Copies that must or may be published

1 (1) The Queen’s printer must make arrangements for the publication of—

(a) each relevant instrument that has been published before exit day by
an EU entity, and

(b) the relevant international agreements.

(2) 10In this paragraph—

• “relevant instrument” means—

  (a)

  an EU regulation,

  (b)

  an EU decision, and

  (c)

  EU tertiary legislation; and

• 15“relevant international agreements” means—

  (a)

  the Treaty on European Union,

  (b)

  the Treaty on the Functioning of the European Union,

  (c)

  the Euratom Treaty, and

  (d)

  the EEA agreement.

(3) 20The Queen’s printer may make arrangements for the publication of—

(a) any decision of, or expression of opinion by, the European Court, or

(b) any other document published by an EU entity.

(4) The Queen’s printer may make arrangements for the publication of anything
which the Queen’s printer considers may be useful in connection with
25anything published under this paragraph.

(5) This paragraph does not require the publication of—

(a) anything repealed before exit day, or

(b) any modifications made on or after exit day.

Exceptions from duty to publish

2 (1) 30A Minister of the Crown may create an exception from the duty under
paragraph 1(1) in respect of a relevant instrument if satisfied that it has not
become (or will not become, on exit day) retained direct EU legislation.

(2) An exception is created by giving a direction to the Queen’s printer
specifying the instrument or category of instruments that are excepted.

(3) 35A Minister of the Crown must publish any direction under this paragraph.

(4) In this paragraph—

• “instrument” includes part of an instrument; and

• “relevant instrument” has the meaning given by paragraph 1(2).

Part 2 Rules of evidence

Questions as to meaning of EU instruments

3 (1) Where it is necessary, for the purpose of interpreting retained EU law in
5legal proceedings, to decide a question as to—

(a) the meaning or effect in EU law of any of the EU Treaties or any other
treaty relating to the EU, or

(b) the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated for that purpose as a question of law.

(2) 10In this paragraph

• “interpreting retained EU law” means deciding any question as to the
  validity, meaning or effect of any retained EU law; and

• “treaty” includes—

  (a)

  any international agreement, and

  (b)

  15any protocol or annex to a treaty or international agreement.

Power to make provision about judicial notice and admissibility

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

(a) make provision enabling or requiring judicial notice to be taken of a
relevant matter, or

(b) 20provide for the admissibility in any legal proceedings of specified
evidence of—

(i) a relevant matter, or

(ii) instruments or documents issued by or in the custody of an
EU entity.

(2) 25Regulations under sub-paragraph (1)(b) may provide that evidence is
admissible only where specified conditions are met (for example, conditions
as to certification of documents).

(3) Regulations under this paragraph may modify any provision made by or
under an enactment.

(4) 30In sub-paragraph (3) “enactment” does not include primary legislation
passed or made after the end of the Session in which this Act is passed.

(5) For the purposes of this paragraph each of the following is a “relevant
matter”—

(a) retained EU law,

(b) 35EU law,

(c) the EEA agreement, and

(d) anything which is specified in the regulations and which relates to a
matter mentioned in paragraph (a), (b) or (c).

Section 14(1)

SCHEDULE 6 Instruments which are exempt EU instruments

EU decisions

1 (1) An EU decision is “an exempt EU instrument” so far as it is, in accordance
5with a relevant Protocol, not applicable to the United Kingdom immediately
before exit day.

(2) If any decision under Title V or former Title V of the Treaty on European
Union is a decision within the meaning of Article 288 of the Treaty on the
Functioning of the European Union (and accordingly falls within the
10definition of “EU decision” in section 14(1)), it is “an exempt EU instrument”.

(3) In sub-paragraph (2), the reference to former Title V of the Treaty on
European Union is a reference to that Title as it had effect at any time before
the coming into force of the Treaty of Lisbon.

EU regulations

2 15An EU regulation is “an exempt EU instrument” so far as it is, in accordance
with a relevant Protocol, not applicable to the United Kingdom immediately
before exit day.

EU tertiary legislation

3 EU tertiary legislation is “an exempt EU instrument” so far as it is made
20under—

(a) an EU decision or EU regulation which is an exempt EU instrument,
or

(b) an EU directive so far as it is, in accordance with a relevant Protocol,
not applicable to the United Kingdom immediately before exit day.

25Interpretation

4 The following are “relevant Protocols” for the purposes of this Schedule—

(a) Protocol 15 to the Treaty on European Union and the Treaty on the
Functioning of the European Union (protocol on certain provisions
relating to the United Kingdom);

(b) 30Protocol 19 to the Treaty on European Union and the Treaty on the
Functioning of the European Union (protocol on the Schengen acquis
integrated into the framework of the European Union);

(c) the former Protocol integrating the Schengen acquis into the
framework of the European Union annexed, in accordance with the
35Treaty of Amsterdam, to the Treaty on European Union and the
Treaty establishing the European Community;

(d) Protocol 21 to the Treaty on European Union and the Treaty on the
Functioning of the European Union (protocol on the position of the
United Kingdom and Ireland in respect of the area of freedom,
40security and justice);

(e) the former Protocol on the position of the United Kingdom and
Ireland annexed, in accordance with the Treaty of Amsterdam, to the
Treaty on European Union and the Treaty establishing the European

Community (protocol in respect of Title IV of Part 3 of the Treaty
establishing the European Community);

(f) Article 10 of Title VII of Protocol 36 to the Treaty on European Union
and the Treaty on the Functioning of the European Union
5(transitional provision with respect to acts of the Union in the field of
police co-operation and judicial co-operation in criminal matters
adopted before the coming into force of the Treaty of Lisbon).

Section 16

SCHEDULE 7 Regulations

10Part 1 Scrutiny of powers to deal with deficiencies

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

1 (1) A statutory instrument containing regulations under section 7 which
contain provision falling within sub-paragraph (2) may not be made unless
15a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(2) Provision falls within this sub-paragraph if it—

(a) establishes a public authority in the United Kingdom,

(b) provides for any function of an EU entity or public authority in a
20member State to be exercisable instead by a public authority in the
United Kingdom established by regulations under section 7, 8 or 9 or
Schedule 2,

(c) provides for any function of an EU entity or public authority in a
member State of making an instrument of a legislative character to be
25exercisable instead by a public authority in the United Kingdom,

(d) imposes, or otherwise relates to, a fee in respect of a function
exercisable by a public authority in the United Kingdom,

(e) creates, or widens the scope of, a criminal offence, or

(f) creates or amends a power to legislate.

(3) 30Any other statutory instrument containing regulations under section 7 is (if
a draft of the instrument has not been laid before, and approved by a
resolution of, each House of Parliament) subject to annulment in pursuance
of a resolution of either House of Parliament.

(4) Regulations under Part 1 of Schedule 2 of the Scottish Ministers which
35contain provision falling within sub-paragraph (2) are subject to the
affirmative procedure (see section 29 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (asp 10)2010 (asp 10)).

(5) Any other regulations under Part 1 of Schedule 2 of the Scottish Ministers
are (if they have not been subject to the affirmative procedure) subject to the
40negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010).

(6) A statutory instrument containing regulations under Part 1 of Schedule 2 of
the Welsh Ministers which contain provision falling within sub-paragraph