Part 2: Scrutiny of other powers under Act

Power to enable challenges to validity of retained EU law

233 Paragraph 4 provides that the draft affirmative (or made affirmative, see paragraph 11 of Schedule 7) procedure must be used for an instrument under paragraph 1(2)(b) of Schedule 1 (power to enable challenges to validity of retained EU law).

Power to implement international obligations

234 Paragraph 5 sets out the parliamentary scrutiny procedures for the power to comply with international obligations in clause 8, which mirror, as appropriate, the scrutiny procedures for the power to deal with deficiencies in paragraphs 1 to 3.

Power to implement withdrawal agreement

235 Paragraph 6 sets out the scrutiny procedures that apply to secondary legislation made under the power to implement the withdrawal agreement in clause 9 which mirror, as appropriate, the scrutiny procedures for the power to deal with deficiencies, with an additional rule that the draft affirmative (or made affirmative, see paragraph 11 of Schedule 7) must be used where this power is used to amend this Act.

Powers in connection with fees and charges

236 Paragraph 7 sets out the scrutiny procedures that apply to secondary legislation made under the powers in connection with fees and charges in Schedule 4.

237 The draft affirmative procedure (or the made affirmative, see paragraph 11 of Schedule 7) must be used for regulations made under paragraph 1 of Schedule 4 which sub-delegate the power or which impose a fee or charge, except for re-exercising the power to make modifications, for example for changing the amount of the fee or charge, which can be done under the negative procedure. The negative procedure can be used for regulations made under paragraph 4 or 7 of Schedule 4.

Power to make provision about publication and rules of evidence

238 Paragraph 8 provides that regulations under the power in Schedule 5 to make provision about publication and rules of evidence are subject to the affirmative procedure.

Power to make consequential provision

239 Paragraph 9 provides that regulations under the power to make consequential provision at clause 17(1) are subject to the negative procedure.

Power to make transitional, transitory or saving provision

240 Paragraph 10 provides that the draft affirmative or negative procedure can be used for regulations made under subsection (5) of clause 17.

Scrutiny procedure in certain urgent cases

241 Paragraph 11 allows the made affirmative procedure to be used for regulations made by a minister of the Crown under the power to enable challenges to validity of retained EU law, power to comply with international obligations, power to implement the withdrawal agreement or power to provide for fees or charges, in urgent cases.