Explanatory Notes

Clause 9: Implementing the withdrawal agreement

123 Clause 9 gives ministers of the Crown a power to make secondary legislation to implement a withdrawal agreement concluded between the UK and the EU under Article 50(2) of the TEU (or that Article as applied by the Euratom Treaty).

124 Subsection (1) provides ministers with the power to make legislative changes which they consider appropriate for the purposes of implementing the withdrawal agreement. Regulations made using this power are restricted to implementing only those measures that should be in place for exit day and this power is not intended to be used for post-exit modifications.

125 Subsection (2) provides that secondary legislation made under the power in this clause is capable of doing anything an Act of Parliament can do, including modifying the Bill itself, subject to the restrictions specified in subsection (3). As set out in paragraph 13 of Schedule 7, regulations made under powers in the Bill can modify retained EU law and the definition of "modify" in clause 14 provides that it includes amending, repealing or revoking legislation.

126 Subsection (3) places a series of restrictions on the power stating what it cannot do. The power cannot be used to impose or increase taxation, make retrospective provision, create a relevant criminal offence or amend or repeal the Human Rights Act 1998.

127 The power expires on exit day meaning that no regulations can be made after this time. Paragraph 28 of Schedule 8 provides that it is the power and not the regulations made under it which expires.

128 The scrutiny procedures for this power are set out in Part 2 of Schedule 7.


Prepared 13th July 2017