Part 3: Implementing the withdrawal agreement
183 Part 3 describes the circumstances in which devolved authorities can use the power to implement the withdrawal agreement.
Power to implement withdrawal agreement
184 Paragraph 21 provides that the power to implement the withdrawal agreement can be used by devolved authorities, or by ministers of the Crown and devolved authorities acting jointly. It sets out that the same restrictions on the use of the power that apply to UK ministers also apply to devolved ministers, along with additional restrictions preventing the power from being used to sub-delegate any law-making powers, from modifying secondary legislation made under the Bill (except where that legislation was made by the devolved authority or the power is being exercised jointly with a minister of the Crown), or from modifying the Bill.
No power to make provision outside devolved competence
185 Paragraph 22 provides that the power to implement the withdrawal agreement cannot be used outside of the devolved competence of the devolved authorities, as defined in paragraphs 18 to 20.
No power to modify retained direct EU legislation etc.
186 Sub-paragraph (1) of paragraph 23 provides that the devolved authorities cannot use the power to implement the withdrawal agreement by amending direct EU legislation. Sub-paragraph (2) provides that devolved authorities cannot use the power to make any provision that is inconsistent with amendments made by ministers of the Crown to retained direct EU legislation.
No power to confer certain functions relating to EU tertiary legislation
187 Paragraph 24 provides that this power for devolved authorities to implement the withdrawal agreement cannot be used to confer functions that correspond to powers to make EU tertiary legislation (also known as non-legislative acts or delegated and implementing acts).
Requirement for consent in certain circumstances
188 Paragraph 25 sets out that if the proposed regulations relate to the allocation of a quota, devolved authorities would need to seek the consent of the UK Government before legislating.
Certain requirements for consent, joint exercise or consultation
189 Paragraph 26 applies the rules set out in paragraphs 6 to 8 of Schedule 2 to the use of the withdrawal agreement power so that, where a devolved authority would normally only be able to make a particular provision in legislation with the UK Government’s consent, after consulting with the UK Government or jointly with the UK Government, the devolved authority will still have to obtain consent, consult or make such legislation jointly (as applicable) when exercising the withdrawal agreement power to make such a provision.