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| |
| |
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| | (3) | For the purposes of this section— |
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| | (a) | “third countries” means any country other than the United Kingdom that |
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| | is not a member of the EU Customs Union; |
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| | (b) | “eligible developing countries” and “least developed countries” means |
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| | those countries defined as such in Schedule 3.” |
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| | Member’s explanatory statement
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| | This new clause would prevent tariffs on goods from third countries being lower than those on |
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| | comparable goods from the European Union. |
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| |
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| |
| | |
| | To move the following Clause— |
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| | | “Import tariffs under Part 1: preventing tariffs on third countries which may |
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| | cause a dispute with the EU |
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| | (1) | In exercising the powers to impose or vary rates of import duty under or by virtue |
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| | of the provisions of sections 8 to 15, it shall be the duty of the Treasury and the |
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| | Secretary of State to secure that, so far as practicable, rates of import duty are not |
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| | applied in respect of goods imported from third countries which may jeopardise |
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| | customs arrangements with the European Union or cause any dispute with the |
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| | |
| | (2) | For the purposes of this section “third countries” means any country other than |
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| | the United Kingdom that is not a member of the EU Customs Union.” |
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| | Member’s explanatory statement
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| | This new clause would prevent a UK Government from entering into customs arrangements with |
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| | third countries which would jeopardise customs arrangements with the European Union or cause |
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| | any dispute with the European Union. |
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| |
| |
| |
| |
| |
| |
| |
| | |
| | To move the following Clause— |
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| | | “Import tariffs under Part 1: pegging with EU tariffs |
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| | (1) | In exercising the powers to impose or vary rates of import duty under or by virtue |
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| | of the provisions of sections 8 to 15, it shall be the duty of the Treasury and the |
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| | Secretary of State to secure that, so far as practicable, rates of import duty are the |
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| |
| |
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| | same as those imposed in respect of comparable goods imported into the |
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| | European Union from third countries. |
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| | (2) | For the purposes of this section— |
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| | (a) | the rates of import duty imposed in respect of comparable goods |
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| | imported into the European Union shall be determined with reference to |
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| | EU customs duties (within the meaning of that term given by paragraph |
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| | |
| | (b) | “third countries” means any country other than the United Kingdom that |
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| | is not a member of the EU Customs Union.” |
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| | Member’s explanatory statement
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| | This new clause requires tariffs set by the UK to be pegged to EU tariffs. |
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| |
| |
| |
| |
| |
| |
| |
| | |
| | To move the following Clause— |
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| | | “Super-affirmative resolution procedure |
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| | (1) | For the purposes of this Act, the “super-affirmative resolution procedure” in |
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| | relation to the making of regulations to which this section applies is as follows. |
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| | (2) | If a Minister considers it necessary to proceed with the making of regulations to |
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| | which this section applies, the Minister shall lay before the House of Commons— |
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| | |
| | (b) | an explanatory document under subsection (3), and |
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| | (c) | a declaration under subsection (4). |
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| | (3) | The explanatory document must— |
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| | (a) | introduce and explain any amendments made to retained EU law by each |
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| | |
| | (b) | set out the reason why each such amendment is necessary (or, in the case |
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| | where the Minister is unable to make a statement of necessity under |
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| | subsection (4)(a), the reason why each such amendment is nevertheless |
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| | |
| | (4) | The declaration under subsection (2)(c) must either— |
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| | (a) | state that, in the Minister’s view, the provisions of the draft regulations |
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| | do not exceed what is necessary to prevent, remedy or mitigate any |
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| | deficiency in retained EU law arising from the withdrawal of the United |
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| | Kingdom from the EU (a “statement of necessity”), or |
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| | (b) | include a statement to the effect that although the Minister is unable to |
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| | make a statement of necessity the Government nevertheless proposes to |
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| | exercise the power to make the regulations in the form of the draft. |
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| | (5) | Subject as follows, if after the expiry of the 21-day period a committee of the |
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| | House of Commons appointed to consider draft regulations under this section has |
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| | not reported to the House of Commons a resolution in respect of the draft |
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| | regulations laid under section 32(2A) or 42(6), the Minister may proceed to make |
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| | a statutory instrument in the form of the draft regulations. |
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| |
| |
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| | (6) | A statutory instrument containing regulations under subsection (5) shall be |
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| | subject to annulment in pursuance of a resolution of the House of Commons. |
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| | (7) | The procedure in subsection (8) to (15) shall apply to the proposal for the draft |
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| | regulations instead of the procedure in subsection (5) if— |
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| | (a) | the House of Commons so resolves within the 21-day period, |
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| | (b) | the committee appointed to consider draft regulations under this section |
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| | so recommends within the 21-day period and the House of Commons |
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| | does not by resolution reject the recommendation within that period, or |
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| | (c) | the draft regulations contain provision to— |
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| | (i) | establish a public authority in the United Kingdom, |
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| | (ii) | provide for any function of an EU entity or public authority in a |
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| | member State to be exercisable instead by a public authority in |
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| | the United Kingdom established by regulations under sections |
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| | |
| | (iii) | provides for any function of an EU entity or public authority in a |
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| | member State of making an instrument of a legislative character |
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| | to be exercisable instead by a public authority in the United |
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| | |
| | (iv) | imposes, or otherwise relates to, a fee in respect of a function |
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| | exercisable by a public authority in the United Kingdom, |
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| | (v) | creates, or widens the scope of, a criminal offence, or |
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| | (vi) | creates or amends a power to legislate. |
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| | (8) | The Minister must have regard to— |
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| | |
| | (b) | any resolution of the House of Commons, and |
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| | (c) | any recommendations of a committee of the House of Commons charged |
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| | with reporting on the draft regulations, made during the 60-day period |
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| | with regard to the draft regulations. |
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| | (9) | If, after the expiry of the 60-day period, the Minister wishes to make regulations |
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| | in the terms of the draft, the Minister must lay before the House of Commons a |
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| | |
| | (a) | stating whether any representations were made under subsection (8)(a), |
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| | |
| | (b) | if any representations were so made, giving details of them. |
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| | (10) | The Minister may after the laying of such a statement make regulations in the |
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| | terms of the draft if it is approved by a resolution of the House of Commons. |
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| | (11) | However, a committee of the House of Commons charged with reporting on the |
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| | draft regulations may, at any time after the laying of a statement under subsection |
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| | (9) and before the draft regulations are approved by that House under subsection |
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| | (10), recommend under this subsection that no further proceedings be taken in |
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| | relation to the draft regulations. |
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| | (12) | Where a recommendation is made by a committee of the House of Commons |
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| | under subsection (11) in relation to draft regulations, no proceedings may be |
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| | taken in relation to the draft regulations in the House of Commons under |
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| | subsection (10) unless the recommendation is, in the same Session, rejected by |
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| | resolution of the House of Commons. |
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| | (13) | If, after the expiry of the 60-day period, the Minister wishes to make regulations |
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| | consisting of a version of the draft regulations with material changes, the Minister |
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| | must lay before Parliament— |
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| | (a) | revised draft regulations, and |
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| | (b) | a statement giving details of— |
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| | (i) | any representations made under subsection (8)(a); and |
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| |
| |
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| | (ii) | the revisions proposed. |
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| | (14) | The Minister may after laying revised draft regulations and a statement under |
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| | subsection (9) make regulations in the terms of the revised draft if it is approved |
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| | by a resolution of the House of Commons. |
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| | (15) | However, a committee of the House of Commons charged with reporting on the |
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| | revised draft regulations may, at any time after the revised draft regulations are |
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| | laid under subsection (12) and before it is approved by the House of Commons |
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| | under subsection (13), recommend under this subsection that no further |
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| | proceedings be taken in relation to the revised draft regulations. |
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| | (16) | Where a recommendation is made by a committee of the House of Commons |
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| | under subsection (14) in relation to revised draft regulations, no proceedings may |
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| | be taken in relation to the revised draft regulations in the House of Commons |
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| | under subsection (13) unless the recommendation is, in the same Session, rejected |
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| | by resolution of the House of Commons. |
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| | (17) | In this section, references to the “21-day” and “60-day” periods in relation to any |
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| | draft regulations are to the periods of 21 and 60 days beginning with the day on |
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| | which the draft regulations were laid before Parliament.” |
|
| | Member’s explanatory statement
|
|
| | This new clause applies an amended version of the super-affirmative resolution procedure to |
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| | certain powers to make regulations under Schedules 4 and 5, and Clause 42. |
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| |
| |
| |
| |
| |
| |
| |
| | |
| | To move the following Clause— |
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| | |
| | (1) | This section applies if it appears to the Secretary of State that the United Kingdom |
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| | will cease to be a member of the European Union taxation and customs union. |
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| | (2) | The Secretary of State must by regulations introduce a domestic deferral scheme |
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| | |
| | (3) | In designing a scheme under subsection (2), the Secretary of State must consult |
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| | with whichever relevant stakeholders deemed by the Secretary of State to be |
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| | |
| | (4) | Regulations under subsection (2) may be made only if a draft of the regulations |
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| | has been laid before, and approved by resolution of, the House of Commons.” |
|
| | Member’s explanatory statement
|
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| | This new clause ensures that in the event that the UK is no longer a member of the EU VAT area, |
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| | the Secretary of State must by draft affirmative regulation introduce a VAT deferral scheme. |
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| |
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| |
| |
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| |
| |
| |
| |
| |
| |
| | |
| | To move the following Clause— |
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| | |
| | (1) | Where the exigencies of trade so require, a document proving origin may be |
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| | issued in the UK in accordance with the rules of origin in force in the country or |
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| | territory of destination or any other method identifying the country where the |
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| | goods were wholly obtained or underwent their last substantial transformation. |
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| | (2) | The Secretary of State may by regulations specify— |
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| | (a) | the bodies that certificate origin for the purposes of a certificate under |
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| | |
| | (b) | the specifications of the certificate, and |
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| | (c) | any other relevant factor.” |
|
| | Member’s explanatory statement
|
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| | This new clause would allow a document proving origin to be issued in the UK and would allow |
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| | the Secretary of State to make regulations specifying the bodies that can issue a certificate and the |
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| | specifications of a certificate as well as other relevant factors. |
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| |
| |
| |
| |
| |
| |
| |
| | |
| | To move the following Clause— |
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| | | “Additional regulations requiring the affirmative procedure (No. 2) |
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| | (1) | No regulations to which this section applies may be made unless a draft has been |
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| | laid before and approved by a resolution of the House of Commons. |
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| | (2) | This section applies to regulations under— |
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| | (a) | section 8(1) (the customs tariff); |
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| | (b) | section 14(1) (agricultural goods); |
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| | (c) | section 19(1) (reliefs); |
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| | (d) | section 22(1) (authorised economic operators); |
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| | (e) | section 30 (general provision for the purposes of import duty); |
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| | (f) | section 39(1) (export duties); |
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| | (g) | section 42(5) (exclusion from principal VAT directive); |
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| |
| |
|
| | (h) | section 47(2) (exclusion from or modification of EU law relating to |
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| | |
| | Member’s explanatory statement
|
|
| | This new clause applies the affirmative resolution procedure to a number of powers in the Bill. |
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| |
| |
| |
| |
| | |
| |
| To move the following Clause— |
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| | | “Exclusion from tariffs for land border |
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| | Upon the United Kingdom’s withdrawal from the European Union, the United |
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| | Kingdom shall not charge any customs duty or impose any quotas on goods |
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| | entering the United Kingdom across the land border between the Republic of |
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| | Ireland and the United Kingdom.” |
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| |
| |
| |
| |
| | |
| |
| To move the following Clause— |
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| | | “Exclusion from tariffs for goods imported from the Republic of Ireland |
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| | Part 1 of this Act shall not apply to the import of any good into the United |
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| | Kingdom from the Republic of Ireland.” |
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| |
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| |
| |
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| |
| |
| |
| |
| |
| Sir Bernard Jenkin | Andrea Jenkyns | Mr William Wragg | Ross Thomson | Mr Simon Clarke | Ms Nadine Dorries |
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| | |
| |
| To move the following Clause— |
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| | | “Prohibition on collection of certain taxes or duties on behalf of territory |
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| | |
| | (1) | Subject to subsection (2), it shall be unlawful for HMRC to account for any duty |
|
| | of customs or VAT or excise duty collected by HMRC to the Government of a |
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| | country or territory outside the United Kingdom. |
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| | (2) | Subsection (1) shall not apply if the Treasury declare by Order that arrangements |
|
| | have been entered into by Her Majesty’s Government and that government under |
|
| | which that government will account to HMRC for those duties and taxes collected |
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| | in that country on a reciprocal basis.” |
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| |
| |
| |
| |
| |
| |
| Kate Hoey | Ross Thomson | Mr Peter Bone | Mr Simon Clarke | Ms Nadine Dorries |
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| | |
| |
| To move the following Clause— |
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| | | “Single United Kingdom customs territory |
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| | (1) | It shall be unlawful for Her Majesty‘s Government to enter into arrangements |
|
| | under which Northern Ireland forms part of a separate customs territory to Great |
|
| | |
| | (2) | For the purposes of this section “customs territory” shall have the same meaning |
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| | as in the General Agreement on Tariffs and Trade, 1947, as amended.” |
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| |
| |
|