(14)    

The restriction in subsection (3) is in addition to any restriction in section

(Status of retained EU law) of the European Union (Withdrawal) Act 2018 or

elsewhere on the power of a Minister or Northern Ireland department to

make, confirm or approve any subordinate legislation so far as the

legislation modifies retained EU law.

(15)    

In this section—

“the relevant Northern Ireland department” means such

Northern Ireland department as the Minister of the Crown

concerned considers appropriate;

“the 40 day period” means the period of 40 days beginning

with the day on which a copy of the draft instrument is

provided to the relevant Northern Ireland department,

and, in calculating that period, no account is to be taken of any time during

which the Assembly is dissolved or during which it is in recess for more

than four days.””

Page 29, line 44, at end insert—

“Part 1A

Reports in connection with retained EU law restrictions

Reports on progress towards removing retained EU law restrictions

3A  (1)  

After the end of each reporting period, a Minister of the Crown must lay

before each House of Parliament a report which—

(a)    

contains details of any steps which have been taken in the

reporting period by Her Majesty’s Government (whether or not

in conjunction with any of the appropriate authorities) towards

implementing any arrangements which are to replace any

relevant powers or retained EU law restrictions,

(b)    

explains how principles—

(i)    

agreed between Her Majesty’s Government and any of

the appropriate authorities, and

(ii)    

relating to implementing any arrangements which are to

replace any relevant powers or retained EU law

restrictions,

have been taken into account during the reporting period,

(c)    

specifies any relevant regulations, or regulations under section

11(4B), which have been made in the reporting period,

(d)    

in relation to any retained EU law restriction which has effect at

the end of the reporting period, sets out the Minister’s

assessment of the progress which still needs to be made before it

can be removed,

(e)    

in relation to any relevant power that has not been repealed

before the end of the reporting period, sets out the Minister’s

assessment of the progress which still needs to be made before it

can be repealed, and

(f)    

contains any other information relating to any relevant powers or

retained EU law restrictions, or the arrangements which are to

replace them, that the Minister considers appropriate.

      (2)  

The first reporting period is the period of three months beginning with

the day on which this Act is passed.

      (3)  

Each successive period of three months after the first reporting period is

a reporting period.

      (4)  

A Minister of the Crown must provide a copy of every report laid before

Parliament under this section—

(a)    

to the Scottish Ministers,

(b)    

to the Welsh Ministers, and

(c)    

either to the First Minister in Northern Ireland and the deputy

First Minister in Northern Ireland or to the relevant Northern

Ireland department and its Northern Ireland Minister.

      (5)  

In sub-paragraph (4) “the relevant Northern Ireland department” means

such Northern Ireland department as the Minister of the Crown

concerned considers appropriate.

      (6)  

This paragraph ceases to apply when no retained EU law restrictions

have effect and all the relevant powers have been repealed.

Interpretation

3B         

In this Part—

“appropriate authority” means—

(a)    

the Scottish Ministers,

(b)    

the Welsh Ministers, or

(c)    

a Northern Ireland devolved authority;

“arrangement” means any enactment or other arrangement

(whether or not legally enforceable);

“relevant power” means a power to make regulations conferred

by—

(a)    

section 30A or 57(4) of the Scotland Act 1998,

(b)    

section 80(8) or 109A of the Government of Wales Act 2006,

or

(c)    

section 6A or 24(3) of the Northern Ireland Act 1998;

“relevant regulations” means regulations made under a relevant

power;

“retained EU law restriction” means any restriction which arises by

virtue of relevant regulations.”

Page 31, line 24, at end insert—

“19A      

In Part 2 of Schedule 5 (specific reservations), in section C8 (product

standards, safety and liability), for the words from “Technical standards

and” to “EU law” substitute—

“The subject matter of all technical standards and requirements

in relation to products that had effect immediately before exit

day in pursuance of an obligation under EU law.””

Page 31, line 34, leave out from “section” to end of line 35 and insert “30 insert—

Page 32, leave out line 2 and insert—

Page 32, line 2, at end insert—

“21A      

After paragraph 5 of Schedule 7 (procedure for subordinate legislation:

special cases) insert—

“6  (1)  

This paragraph applies where a draft of an instrument

containing regulations under section 30A or 57(4) is to be laid

before each House of Parliament.

      (2)  

Before the draft is laid, the Minister of the Crown who is to

make the instrument—

(a)    

must make a statement explaining the effect of the

instrument, and

(b)    

in any case where the Parliament has not made a

decision to agree a motion consenting to the laying of

the draft—

(i)    

must make a statement explaining why the

Minister has decided to lay the draft despite

this, and

(ii)    

must lay before each House of Parliament any

statement provided for the purpose of this sub-

paragraph to a Minister of the Crown by the

Scottish Ministers giving the opinion of the

Scottish Ministers as to why the Parliament has

not made that decision.

      (3)  

A statement of a Minister of the Crown under sub-paragraph

(2) must be made in writing and be published in such manner

as the Minister making it considers appropriate.

      (4)  

For the purposes of this paragraph, where a draft is laid before

each House of Parliament on different days, the earlier day is

to be taken as the day on which it is laid before both Houses.

      (5)  

This paragraph does not apply to a draft of an instrument

which only contains regulations under section 30A or 57(4)

which only relate to a revocation of a specification.””

Page 32, line 8, at end insert—

“24A      

In section 13(5) (power of the Welsh Ministers to make provision about

elections etc.)—

(a)    

omit paragraph (c) but not the “and” at the end of it, and

(b)    

in paragraph (d) omit “, European Parliamentary elections”.”

Page 32, line 14, at end insert—

“25A      

In section 16(3) (disqualification from being Assembly member) omit

“(other than the United Kingdom)”.”

Page 33, line 6, at end insert—

    “( )  

In subsection (9), leave out “and (8)” and insert “, (8) and (8L)””

Page 33, line 7, leave out sub-paragraph (7)

Page 33, line 9, at end insert “, and

(b)    

in subsection (7)(a), omit “, (b)”.”

Page 33, line 20, at end insert—

“36A      

After section 157 (orders, regulations and directions) insert—

“157ZA 

Explanatory statements in relation to certain regulations

(1)    

This section applies where a draft of a statutory instrument

containing regulations under section 80(8) or 109A is to be laid

before each House of Parliament.

(2)    

Before the draft is laid, the Minister of the Crown who is to make

the instrument—

(a)    

must make a statement explaining the effect of the

instrument, and

(b)    

in any case where the Assembly has not made a decision

to agree a motion consenting to the laying of the draft—

(i)    

must make a statement explaining why the

Minister has decided to lay the draft despite this,

and

(ii)    

must lay before each House of Parliament any

statement provided for the purpose of this sub-

paragraph to a Minister of the Crown by the

Welsh Ministers giving the opinion of the Welsh

Ministers as to why the Assembly has not made

that decision.

(3)    

A statement of a Minister of the Crown under subsection (2) must

be made in writing and be published in such manner as the

Minister making it considers appropriate.

(4)    

For the purposes of this section, where a draft is laid before each

House of Parliament on different days, the earlier day is to be

taken as the day on which it is laid before both Houses.

(5)    

This section does not apply to a draft of an instrument which

only contains regulations under section 80(8) or 109A which only

relate to a revocation of a specification.””

Page 33, line 26, at end insert—

“39A      

In Part 2 of Schedule 7A (specific reservations), in section C7 (product

standards, safety and liability), for paragraph 77 substitute—

“77      

The subject matter of all technical standards and requirements

in relation to products that had effect immediately before exit

day in pursuance of an obligation under EU law.””

Page 34, line 34, at end insert—

“48A      

After section 96(4) (orders and regulations) insert—

“(4A)    

Regulations under section 6A or 24(3)—

(a)    

shall be made by statutory instrument, and

(b)    

shall not be made unless a draft has been laid before and

approved by resolution of each House of Parliament.”

48B      

After section 96 (orders and regulations) insert—

“96A  

Explanatory statements in relation to certain regulations

(1)    

This section applies where a draft of a statutory instrument

containing regulations under section 6A or 24(3) is to be laid

before each House of Parliament.

(2)    

Before the draft is laid, the Minister of the Crown who is to make

the instrument—

(a)    

must make a statement explaining the effect of the

instrument, and

(b)    

in any case where the Assembly has not made a decision

to agree a motion consenting to the laying of the draft—

(i)    

must make a statement explaining why the

Minister has decided to lay the draft despite this,

and

(ii)    

must lay before each House of Parliament any

statement provided for the purpose of this sub-

paragraph to a Minister of the Crown by a

relevant Minister giving the opinion of the

relevant Minister as to why the Assembly has not

made that decision.

(3)    

A statement of a Minister of the Crown under subsection (2) must

be made in writing and be published in such manner as the

Minister making it considers appropriate.

(4)    

For the purposes of this section, where a draft is laid before each

House of Parliament on different days, the earlier day is to be

taken as the day on which it is laid before both Houses.

(5)    

In this section “relevant Minister” means the First Minister and

the deputy First Minister acting jointly or a Northern Ireland

Minister.

(6)    

This section does not apply to a draft of an instrument which

only contains regulations under section 6A or 24(3) which only

relate to a revocation of a specification.””

Page 34, line 42, at end insert—

“50A      

In Schedule 3 (reserved matters), in paragraph 38, for the words from

“Technical” to “not” substitute “The subject matter of all technical

standards and requirements in relation to products that had effect

immediately before exit day in pursuance of an obligation under EU law,

other than”.”

Schedule 4

Page 35, line 14, leave out from beginning to “or” in line 15

Page 37, line 12, at end insert—

“Time limit for making certain provision

4A  (1)  

Subject to sub-paragraph (2), no regulations may be made under

paragraph 1 after the end of the period of two years beginning with exit

day.

      (2)  

After the end of that period, regulations may be made under paragraph

1 for the purposes of—

(a)    

revoking any provision made under that paragraph,

(b)    

altering the amount of any of the fees or charges that are to be

charged under any provision made under that paragraph,

(c)    

altering how any of the fees or charges that are to be charged

under any provision made under that paragraph are to be

determined, or

(d)    

otherwise altering the fees or charges that may be charged in

relation to anything in respect of which fees or charges may be

charged under any provision made under that paragraph.

      (3)  

This paragraph does not affect the continuation in force of any

regulations made at or before the end of the period mentioned in sub-

paragraph (1) (including the exercise after the end of that period of any

power conferred by regulations made under that paragraph at or before

the end of that period).”

Page 37, line 14, leave out “, 8”