Session 2017-19
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Other Bills before Parliament


 
 

15

 

Clause 15

41

Page 12, line 25, at end insert—

 

“Anything

Section

 
 

which is

14(6A)”

 
 

retained EU

  
 

law by virtue

  
 

of section 4

  
 

42

Page 13, line 33, at end insert—

 

“Retained

Section (Status

 
 

direct minor

of retained EU

 
 

EU legislation

law)(6)

 
 

Retained

Section (Status

 
 

direct

of retained EU

 
 

principal EU

law)(6)”

 
 

legislation

  

Clause 17

43

Page 14, line 14, leave out “the Minister considers appropriate” and insert “is

 

necessary”

 

44

Page 14, line 19, at end insert—

 

“( )    

No regulations may be made under subsection (1) after the end of the

 

period of 10 years beginning with exit day.”

 

45

Page 14, line 22, leave out “the Minister considers appropriate” and insert “is

 

necessary”

Clause 19

46

Page 15, line 12, at end insert—

 

“( )    

paragraphs 3A, 3B, 19(2)(b), 40(b), 43(2)(c) and (d) and (4) of

 

Schedule 3 (and section 11(4A) and (5) so far as relating to those

 

paragraphs),”

 

47

Page 15, line 15, leave out “(3)” and insert “(3A)”

 

 
 

 


 
 

16

48

Page 15, line 15, at end insert—

 

“( )    

paragraph 29(9), 30A and 31 of Schedule 8 (and section 17(6) so far

 

as relating to those paragraphs),”

 

49

Page 15, line 18, at end insert—

 

“(1A)    

In section 11—

 

(a)    

subsection (2) comes into force on the day on which this Act is

 

passed for the purposes of making regulations under section 30A of

 

the Scotland Act 1998,

 

(b)    

subsection (3A) comes into force on that day for the purposes of

 

making regulations under section 109A of the Government of

 

Wales Act 2006, and

 

(c)    

subsection (3C) comes into force on that day for the purposes of

 

making regulations under section 6A of the Northern Ireland Act

 

1998.

 

(1B)    

In Schedule 3—

 

(a)    

paragraph 1(b) comes into force on the day on which this Act is

 

passed for the purposes of making regulations under section 57(4)

 

of the Scotland Act 1998,

 

(b)    

paragraph 2 comes into force on that day for the purposes of

 

making regulations under section 80(8) of the Government of Wales

 

Act 2006,

 

(c)    

paragraph 3(b) comes into force on that day for the purposes of

 

making regulations under section 24(3) of the Northern Ireland Act

 

1998,

 

(d)    

paragraph 21(2) comes into force on that day for the purposes of

 

making regulations under section 30A of the Scotland Act 1998,

 

(e)    

paragraph 21(3) comes into force on that day for the purposes of

 

making regulations under section 57(4) of the Scotland Act 1998,

 

(f)    

paragraph 21A comes into force on that day for the purposes of

 

making regulations under section 30A or 57(4) of the Scotland Act

 

1998,

 

(g)    

paragraph 36A comes into force on that day for the purposes of

 

making regulations under section 80(8) or 109A of the Government

 

of Wales Act 2006, and

 

(h)    

paragraphs 48A and 48B come into force on that day for the

 

purposes of making regulations under section 6A or 24(3) of the

 

Northern Ireland Act 1998;

 

    

and section 11(4) and (5), so far as relating to each of those paragraphs,

 

comes into force on that day for the purposes of making the regulations

 

mentioned above in relation to that paragraph.”

 

50

Page 15, line 19, leave out “The remaining provisions of this Act” and insert “The

 

provisions of this Act, so far as they are not brought into force by subsections (1) to

 

(1B),”

 

 
 

 


 
 

17

51

Page 15, line 21, at end insert—

 

“(2B)    

But none of the remaining provisions may come into force until it is a

 

negotiating objective of the Government to ensure that an international

 

agreement has been made which enables the United Kingdom to continue

 

to participate in the European Economic Area after exit day.

 

(2C)    

Regulations under this Act may not repeal or amend subsection (2B).”

Schedule 1

52

Page 16, leave out lines 11 to 15

 

53

Page 16, line 21, leave out paragraph 3

Schedule 2

54

Page 17, line 29, leave out from “under” to end of line 29 and insert “sub-paragraph

 

(1) above”

 

55

Page 17, line 30, leave out from “8” to end of line 35

 

56

Page 17, line 37, leave out “regulations” and insert “provision”

 

57

Page 17, line 37, leave out from “made” to “unless” and insert “by a devolved

 

authority acting alone in regulations under this Part”

 

58

Page 17, line 38, leave out “every provision of them” and insert “the provision”

 

59

Page 18, line 4, leave out paragraphs 3 and 4 and insert—

 

“3A(1)  

No provision may be made by the Scottish Ministers acting alone in

 

regulations under this Part so far as the provision—

 

(a)    

modifies any retained direct EU legislation or anything which is

 

retained EU law by virtue of section 4 or confers functions which

 

correspond to functions to make EU tertiary legislation, and

 

(b)    

would, when made, be in breach of—

 

(i)    

the restriction in section 30A(1) of the Scotland Act 1998 if

 

the provision were made in an Act of the Scottish

 

Parliament, or

 

(ii)    

the restriction in section 57(4) of the Act of 1998 if section

 

57(5)(b) of that Act so far as relating to this Schedule were

 

ignored.

 
 

 


 
 

18

 
 

      (2)  

No provision may be made by the Welsh Ministers acting alone in

 

regulations under this Part so far as the provision—

 

(a)    

modifies any retained direct EU legislation or anything which is

 

retained EU law by virtue of section 4 or confers functions which

 

correspond to functions to make EU tertiary legislation, and

 

(b)    

would, when made, be in breach of—

 

(i)    

the restriction in section 80(8) of the Government of

 

Wales Act 2006 if section 80(8A)(b) of that Act so far as

 

relating to this Schedule were ignored, or

 

(ii)    

the restriction in section 109A(1) of that Act if the

 

provision were made in an Act of the National Assembly

 

for Wales.

 

      (3)  

No provision may be made by a Northern Ireland department acting

 

alone in regulations under this Part so far as the provision—

 

(a)    

modifies any retained direct EU legislation or anything which is

 

retained EU law by virtue of section 4 or confers functions which

 

correspond to functions to make EU tertiary legislation, and

 

(b)    

would, when made, be in breach of—

 

(i)    

the restriction in section 6A(1) of the Northern Ireland

 

Act 1998 if the provision were made in an Act of the

 

Northern Ireland Assembly, or

 

(ii)    

the restriction in section 24(3) of the Act of 1998 if section

 

24(4)(b) of that Act so far as relating to this Schedule were

 

ignored.

 

      (4)  

No provision may be made by a devolved authority acting alone in

 

regulations under this Part so far as, when made, the provision is

 

inconsistent with any modification (whether or not in force) which—

 

(a)    

is a modification of any retained direct EU legislation or anything

 

which is retained EU law by virtue of section 4,

 

(b)    

is made by this Act or a Minister of the Crown under this Act, and

 

(c)    

could not be made by the devolved authority by virtue of sub-

 

paragraph (1), (2) or (as the case may be) (3).

 

      (5)  

For the purposes of sub-paragraphs (1)(b), (2)(b) and (3)(b), sections 30A

 

and 57(4) to (15) of the Scotland Act 1998, sections 80(8) to (8L) and 109A

 

of the Government of Wales Act 2006 and sections 6A and 24(3) to (15)

 

of the Northern Ireland Act 1998, and any regulations made under them

 

and any related provision, are to be assumed to be wholly in force so far

 

as that is not otherwise the case.

 

      (6)  

References in this paragraph to section 80(8) of the Government of Wales

 

Act 2006 are to be read as references to the new section 80(8) of that Act

 

provided for by paragraph 2 of Schedule 3 to this Act.”

 

60

Page 19, line 5, after “Ministers” insert “acting alone”

 

61

Page 19, line 9, after “department” insert “acting alone”

 

62

Page 19, line 19, after “authority” insert “acting alone”

 
 

 


 
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Revised 16 May 2018