European Union (Withdrawal) Bill (HC Bill 147)

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) See paragraph 3 for restrictions on the choice of procedure under sub-
35paragraph (3).

(5) Regulations under Part 1 of Schedule 2 of the Scottish Ministers which
contain 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)).

(6) 40Any 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
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010).

(7) A statutory instrument containing regulations under Part 1 of Schedule 2 of
the Welsh Ministers which contain provision falling within sub-paragraph
(2) may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, the National Assembly for Wales.

(8) 5Any other statutory instrument containing regulations under Part 1 of
Schedule 2 of the Welsh Ministers is (if a draft of the instrument has not been
laid before, and approved by a resolution of, the National Assembly for
Wales) subject to annulment in pursuance of a resolution of the Assembly.

(9) Regulations under Part 1 of Schedule 2 of a Northern Ireland department
10which contain provision falling within sub-paragraph (2) may not be made
unless a draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.

(10) Any other regulations under Part 1 of Schedule 2 of a Northern Ireland
department are (if a draft of the regulations has not been laid before, and
15approved by a resolution of, the Northern Ireland Assembly) subject to
negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 as if they were a statutory instrument within the
meaning of that Act.

(11) This paragraph—

(a) 20does not apply to regulations to which paragraph 2 applies, and

(b) is subject to paragraph 4.

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

2 (1) This paragraph applies to regulations under Part 1 of Schedule 2 of a
Minister of the Crown acting jointly with a devolved authority.

(2) 25The procedure provided for by sub-paragraph (3) or (4) applies in relation to
regulations to which this paragraph applies as well as any other procedure
provided for by this paragraph which is applicable in relation to the
regulations concerned.

(3) A statutory instrument containing regulations to which this paragraph
30applies which contain provision falling within paragraph 1(2) may not be
made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.

(4) Any other statutory instrument containing regulations to which this
paragraph applies is (if a draft of the instrument has not been laid before,
35and approved by a resolution of, each House of Parliament) subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations to which this paragraph applies which are made jointly with the
Scottish Ministers and contain provision falling within paragraph 1(2) are
subject to the affirmative procedure.

(6) 40Any other regulations to which this paragraph applies which are made
jointly with the Scottish Ministers are (if they have not been subject to the
affirmative procedure) subject to the negative procedure.

(7) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10) (affirmative procedure) applies in relation to regulations to which
45sub-paragraph (5) or (6) applies and which are subject to the affirmative
procedure as it applies in relation to devolved subordinate legislation

(within the meaning of Part 2 of that Act) which is subject to the affirmative
procedure (but as if references to a Scottish statutory instrument were
references to a statutory instrument).

(8) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform
5(Scotland) Act 2010 (asp 10)2010 (asp 10) (negative procedure etc.) apply in relation to
regulations to which sub-paragraph (6) applies and which are subject to the
negative procedure as they apply in relation to devolved subordinate
legislation (within the meaning of Part 2 of that Act) which is subject to the
negative procedure (but as if references to a Scottish statutory instrument
10were references to a statutory instrument).

(9) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010
(laying) applies in relation to the laying before the Scottish Parliament of a
statutory instrument containing regulations to which sub-paragraph (5) or
(6) applies as it applies in relation to the laying before that Parliament of a
15Scottish statutory instrument (within the meaning of Part 2 of that Act).

(10) A statutory instrument containing regulations to which this paragraph
applies which are made jointly with the Welsh Ministers and contain
provision falling within paragraph 1(2) may not be made unless a draft of
the instrument has been laid before, and approved by a resolution of, the
20National Assembly for Wales.

(11) Any other statutory instrument containing regulations to which this
paragraph applies which are made jointly with the Welsh Ministers is (if a
draft of the instrument has not been laid before, and approved by a
resolution of, the National Assembly for Wales) subject to annulment in
25pursuance of a resolution of the Assembly.

(12) Regulations to which this paragraph applies which are made jointly with a
Northern Ireland department and contain provision falling within
paragraph 1(2) may not be made unless a draft of the regulations has been
laid before, and approved by a resolution of, the Northern Ireland
30Assembly.

(13) Any other regulations to which this paragraph applies which are made
jointly with a Northern Ireland department are (if a draft of the regulations
has not been laid before, and approved by a resolution of, the Northern
Ireland Assembly) subject to negative resolution within the meaning of
35section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were
a statutory instrument within the meaning of that Act.

(14) If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a) either House of Parliament resolves that an address be presented to
Her Majesty praying that an instrument be annulled, or

(b) 40a relevant devolved legislature resolves that an instrument be
annulled,

nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the instrument.

(15) In sub-paragraph (14) “relevant devolved legislature” means—

(a) 45in the case of regulations made jointly with the Scottish Ministers, the
Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh Ministers, the
National Assembly for Wales, and

(c) in the case of regulations made jointly with a Northern Ireland
department, the Northern Ireland Assembly.

(16) Sub-paragraph (14) does not affect the validity of anything previously done
under the instrument or prevent the making of a new instrument.

(17) 5Sub-paragraphs (14) and (15) apply in place of provision made by any other
enactment about the effect of such a resolution.

Parliamentary committee to sift certain regulations involving Minister of the Crown

3 (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make a
statutory instrument to which paragraph 1(3) applies is of the opinion that
10the appropriate procedure for the instrument is for it to be subject to
annulment in pursuance of a resolution of either House of Parliament.

(2) The Minister may not make the instrument so that it is subject to that
procedure unless—

(a) condition 1 is met, and

(b) 15either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s
opinion the instrument should be subject to annulment in pursuance
of a resolution of either House of Parliament, and

(b) 20has laid before the House of Commons—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for
the Minister’s opinion.

(4) Condition 2 is that a committee of the House of Commons charged with
25doing so has made a recommendation as to the appropriate procedure for
the instrument.

(5) Condition 3 is that the period of 10 sitting days beginning with the first
sitting day after the day on which the draft instrument was laid before the
House of Commons as mentioned in sub-paragraph (3) has ended without
30any recommendation being made as mentioned in sub-paragraph (4).

(6) In sub-paragraph (5) “sitting day” means a day on which the House of
Commons sits.

(7) Nothing in this paragraph prevents a Minister of the Crown from deciding
at any time before a statutory instrument to which paragraph 1(3) applies is
35made that another procedure should apply in relation to the instrument
(whether under paragraph 1(3) or 4).

(8) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for
certain instruments laid in draft before Parliament) does not apply in
relation to any statutory instrument to which this paragraph applies.

40Scrutiny procedure in certain urgent cases

4 (1) Sub-paragraph (2) applies to—

(a) a statutory instrument to which paragraph 1(1) applies, or

(b) a statutory instrument to which paragraph 1(3) applies which would
not otherwise be made without a draft of the instrument being laid
before, and approved by a resolution of, each House of Parliament.

(2) The instrument may be made without a draft of the instrument being laid
5before, and approved by a resolution of, each House of Parliament if it
contains a declaration that the Minister of the Crown concerned is of the
opinion that, by reason of urgency, it is necessary to make the regulations
without a draft being so laid and approved.

(3) After an instrument is made in accordance with sub-paragraph (2), it must
10be laid before each House of Parliament.

(4) Regulations contained in an instrument made in accordance with sub-
paragraph (2) cease to have effect at the end of the period of one month
beginning with the day on which the instrument is made unless, during that
period, the instrument is approved by a resolution of each House of
15Parliament.

(5) In calculating the period of one month, no account is to be taken of any time
during which—

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than four days.

(6) 20If regulations cease to have effect as a result of sub-paragraph (4), that does
not—

(a) affect the validity of anything previously done under the
regulations, or

(b) prevent the making of new regulations.

(7) 25Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3)
applies where the Minister of the Crown who is to make the instrument is of
the opinion that the appropriate procedure for the instrument is for it to be
subject to annulment in pursuance of a resolution of either House of
Parliament.

(8) 30Paragraph 3 does not apply in relation to the instrument if the instrument
contains a declaration that the Minister is of the opinion that, by reason of
urgency, it is necessary to make the regulations without meeting the
requirements of that paragraph.

Part 2 35Scrutiny of other powers under Act

Power to enable challenges to validity of retained EU law

5 (1) A statutory instrument containing regulations under paragraph 1(2)(b) of
Schedule 1 may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

(2) 40This paragraph is subject to paragraph 13.

Power to implement international obligations

6 (1) A statutory instrument containing regulations under section 8 which
contain provision falling within sub-paragraph (2) may not be made unless

a 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) 5provides for any function of an EU entity or public authority in a
member 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
10member State of making an instrument of a legislative character to be
exercisable instead by a public authority in the United Kingdom,

(d) imposes, or otherwise relates to, a fee or charge 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) 15creates or amends a power to legislate.

(3) Any other statutory instrument containing regulations under section 8 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) 20See paragraph 12 for restrictions on the choice of procedure under sub-
paragraph (3).

(5) Paragraphs 1(5) to (11)(a) and 2 apply to regulations under Part 2 of
Schedule 2 as they apply to regulations under Part 1 of that Schedule except
that any reference to provision falling within paragraph 1(2) is to be read as
25a reference to any provision falling within sub-paragraph (2) above.

(6) This paragraph is subject to paragraph 13.

Power to implement withdrawal agreement

7 (1) A statutory instrument containing regulations under section 9 which
contain provision falling within sub-paragraph (2) may not be made unless
30a 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
35member 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
40exercisable 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,

(f) creates or amends a power to legislate, or

(g) 45amends this Act.

(3) Any other statutory instrument containing regulations under section 9 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) 5See paragraph 12 for restrictions on the choice of procedure under sub-
paragraph (3).

(5) Paragraphs 1(5) to (11)(a) and 2 apply to regulations under Part 3 of
Schedule 2 as they apply to regulations under Part 1 of that Schedule except
that any reference to provision falling within paragraph 1(2) is to be read as
10a reference to any provision falling within sub-paragraph (2) above.

(6) This paragraph is subject to paragraph 13.

Powers in connection with fees and charges

8 (1) A statutory instrument containing regulations of a Minister of the Crown
under paragraph 1 of Schedule 4 which contain provision falling within sub-
15paragraph (2) may not be made unless a 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) imposes a fee or charge in respect of a function exercisable by a
public authority (unless it is modifying a fee or charge already
20payable in respect of that function under regulations under
paragraph 1 of Schedule 4), or

(b) confers a power as mentioned in sub-paragraph (3)(c) of that
paragraph.

(3) Any other statutory instrument containing regulations under Schedule 4 of
25a Minister of the Crown 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) Paragraphs 1(5) to (11)(a) and 2 apply to regulations under Schedule 4 as
they apply to regulations under Part 1 of Schedule 2 except that any
30reference to provision falling within paragraph 1(2) is to be read as a
reference to any provision made under paragraph 1 of Schedule 4 falling
within sub-paragraph (2) above.

(5) This paragraph is subject to paragraph 13.

Power to make provision about publication and rules of evidence

9 35A statutory instrument containing regulations under paragraph 4 of
Schedule 5 may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

Power to make consequential provision

10 A statutory instrument containing regulations under section 17(1) is subject
40to annulment in pursuance of a resolution of either House of Parliament.

Power to make transitional, transitory or saving provision

11 (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make
regulations under section 17(5) considers that—

(a) it is not appropriate for the statutory instrument containing them to
5be subject to no parliamentary procedure, and

(b) it is appropriate for that statutory instrument to be subject to the
parliamentary procedure in sub-paragraph (2).

(2) The statutory instrument containing the regulations may not be made unless
a draft of the instrument has been laid before, and approved by a resolution
10of, each House of Parliament.

(3) Sub-paragraph (4) applies if a Minister of the Crown who is to make
regulations under section 17(5) considers that—

(a) it is not appropriate for the statutory instrument containing them to
be subject to no parliamentary procedure, and

(b) 15it is appropriate for that statutory instrument to be subject to the
parliamentary procedure in sub-paragraph (4).

(4) The statutory instrument containing the regulations is subject to annulment
in pursuance of a resolution of either House of Parliament.

Parliamentary committee to sift certain regulations involving Minister of the Crown

12 (1) 20Sub-paragraph (2) applies if a Minister of the Crown who is to make a
statutory instrument to which paragraph 6(3) or 7(3) applies is of the opinion
that the appropriate procedure for the instrument is for it to be subject to
annulment in pursuance of a resolution of either House of Parliament.

(2) The Minister may not make the instrument so that it is subject to that
25procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s
30opinion the instrument should be subject to annulment in pursuance
of a resolution of either House of Parliament, and

(b) has laid before the House of Commons—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for
35the Minister’s opinion.

(4) Condition 2 is that a committee of the House of Commons charged with
doing so has made a recommendation as to the appropriate procedure for
the instrument.

(5) Condition 3 is that the period of 10 sitting days beginning with the first
40sitting day after the day on which the draft instrument was laid before the
House of Commons as mentioned in sub-paragraph (3) has ended without
any recommendation being made as mentioned in sub-paragraph (4).

(6) In sub-paragraph (5) “sitting day” means a day on which the House of
Commons sits.

(7) Nothing in this paragraph prevents a Minister of the Crown from deciding
at any time before a statutory instrument to which paragraph 6(3) or 7(3)
applies is made that another procedure should apply in relation to the
instrument (whether under that paragraph or paragraph 13).

(8) 5Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for
certain instruments laid in draft before Parliament) does not apply in
relation to any statutory instrument to which this paragraph applies.

Scrutiny procedure in certain urgent cases

13 (1) Sub-paragraph (2) applies to—

(a) 10a statutory instrument to which paragraph 5(1), 6(1), 7(1) or 8(1)
applies, or

(b) a statutory instrument to which paragraph 6(3), 7(3) or 8(3) applies
which would not otherwise be made without a draft of the
instrument being laid before, and approved by a resolution of, each
15House of Parliament.

(2) The instrument may be made without a draft of the instrument being laid
before, and approved by a resolution of, each House of Parliament if it
contains a declaration that the Minister of the Crown concerned is of the
opinion that, by reason of urgency, it is necessary to make the regulations
20without a draft being so laid and approved.

(3) After an instrument is made in accordance with sub-paragraph (2), it must
be laid before each House of Parliament.

(4) Regulations contained in an instrument made in accordance with sub-
paragraph (2) cease to have effect at the end of the period of one month
25beginning with the day on which the instrument is made unless, during that
period, the instrument is approved by a resolution of each House of
Parliament.

(5) In calculating the period of one month, no account is to be taken of any time
during which—

(a) 30Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than four days.

(6) If regulations cease to have effect as a result of sub-paragraph (4), that does
not—

(a) affect the validity of anything previously done under the
35regulations, or

(b) prevent the making of new regulations.

(7) Sub-paragraph (8) applies to a statutory instrument to which paragraph 6(3)
or 7(3) applies where the Minister of the Crown who is to make the
instrument is of the opinion that the appropriate procedure for the
40instrument is for it to be subject to annulment in pursuance of a resolution
of either House of Parliament.

(8) Paragraph 12 does not apply in relation to the instrument if the instrument
contains a declaration that the Minister is of the opinion that, by reason of
urgency, it is necessary to make the regulations without meeting the
45requirements of that paragraph.

Part 3 General provision about powers under Act

Scope and nature of powers: general

14 (1) Any power to make regulations under this Act—

(a) 5so far as exercisable by a Minister of the Crown or by a Minister of
the Crown acting jointly with a devolved authority, is exercisable by
statutory instrument,

(b) so far as exercisable by the Welsh Ministers or by the Welsh Ministers
acting jointly with a Minister of the Crown, is exercisable by
10statutory instrument, and

(c) so far as exercisable by a Northern Ireland department (other than
when acting jointly with a Minister of the Crown), is exercisable by
statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979 (SI 1979/1573 (NI 12)SI 1979/1573 (NI 12)) (and not by statutory
15instrument).

(2) For regulations made under this Act by the Scottish Ministers, see also
section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10) (Scottish statutory instruments).

15 Any power to make regulations under this Act—

(a) 20may be exercised so as to—

(i) modify retained EU law, or

(ii) make different provision for different cases or descriptions of
case, different circumstances, different purposes or different
areas, and

(b) 25includes power to make supplementary, incidental, consequential,
transitional, transitory or saving provision (including provision re-
stating any retained EU law in a clearer or more accessible way).

16 The fact that a power to make regulations is conferred by this Act does not
affect the extent of any other power to make regulations under this Act.

30Scope of consequential and transitional powers

17 (1) The fact that anything continues to be, or forms part of, domestic law by
virtue of any provision of sections 2 to 6 or Schedule 1 does not prevent it
from being modified by regulations made under section 17(1) in
consequence of any other provision made by or under this Act.

(2) 35Accordingly, any retained EU law may, for example, be modified by
regulations made under section 17(1) in consequence of the repeal of any
enactment contained in the European Communities Act 1972.

(3) The power to make regulations under section 17(5) includes the power to
make transitional, transitory or saving provision in connection with—

(a) 40the repeal of any enactment contained in the European Communities
Act 1972, or

(b) the withdrawal of the United Kingdom from the EU,

which is additional to that made by any provision of sections 2 to 6 or
Schedule 1 or alters its effect in particular cases or descriptions of case.