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Explanatory Notes

Lords Amendments to Clause 7: Dealing with deficiencies arising from withdrawal

Lords Amendment 10*

35 Lords Amendment 10 would amend clause 7(1) so that a Minister can only make such provision as is necessary to correct deficiencies in retained EU law. The original drafting of the Bill allows Ministers to make such provision they consider appropriate to correct deficiencies in retained EU law.

Lords Amendment 11, 12 and 14

36 Lords Amendments 11, 12 and 14 would prevent the deficiencies power from establishing new public authorities in the UK.

Lords Amendment 13

37 Lords Amendment 13 would prevent clause 7(1), and the corresponding power for devolved authorities in Schedule 2, from imposing or increasing fees. The power could still be used to repeal fees regimes that are no longer needed, reduce fees and make amendments to pre-exit powers to provide for fees and charges.

Lords Amendments 15 and 17

38 Lords Amendments 15 and 17 would prevent the deficiencies power from amending or repealing the Scotland Act 1998 or the Government of Wales Act 2006, except to make amendments that are supplementary, incidental, consequential, transitional, transitory or saving provision as a result of provision made in regulations under the deficiencies power, or to amend any provision in those Acts which modifies another enactment.

Lords Amendment 16

39 Lords Amendment 16 would prevent the deficiencies power from amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 (the reservation of ‘technical standards and requirements in relation to products in pursuance of an obligation under EU law’). The power is otherwise unable to modify the Northern Act 1998 except to make amendments that are supplementary, incidental, consequential, transitional, transitory or saving provision as a result of provision made in regulations under the deficiencies power, or to amend any provision in that Act which modifies another enactment.

 

Prepared 22nd May 2018