Page 38, line 19, leave out “, 8”

Schedule 7

Page 41, line 41, leave out paragraphs (a) and (b)

Page 42, line 6, leave out “imposes, or otherwise”

Page 42, line 35, at end insert—

  “(9A)  

See paragraph 3A for restrictions on the choice of procedure under sub-

paragraph (9).”

Page 43, line 1, leave out “paragraph 4” and insert “paragraphs 4 to 4C”

Page 44, line 35, leave out from beginning to end of line 20 on page 45 and insert—

“Parliamentary committees to sift regulations made under section 7, 8, 9 or 17

3    (1)  

This paragraph applies if a Minister of the Crown—

(a)    

proposes to make a statutory instrument, whether under this Act

or any other Act of Parliament, to which paragraph 1(3), 6(3),

7(3), or 11 applies or which has the same purpose as an

instrument to which those paragraphs apply, and

(b)    

is of the opinion that the instrument should be subject to

annulment in pursuance of a resolution of either House of

Parliament (“the negative procedure”).

      (2)  

Before making the instrument, the Minister must lay before both Houses

of Parliament a draft of the instrument together with a memorandum

setting out the reasons for the Minister’s opinion that the instrument

should be subject to the negative procedure.

      (3)  

The negative procedure applies unless within the relevant period either

House of Parliament requires the affirmative procedure to apply, in

which case the affirmative procedure applies.

      (4)  

A House of Parliament is taken to have required the affirmative

procedure to apply within the relevant period if—

(a)    

a committee of the House charged with reporting on the

instrument has recommended, within 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, that the

affirmative procedure should apply, and

(b)    

that House has not by resolution rejected the recommendation

within a period of 5 sitting days beginning with the first sitting

day after the day on which the recommendation is made, or

(c)    

irrespective of the committee reporting on the instrument, that

House has resolved, within the period of 15 sitting days

beginning with the first sitting day after the day on which the

draft instrument was laid before the House, that the affirmative

procedure should apply to the instrument.

      (5)  

For the purposes of this paragraph—

(a)    

where an instrument is subject to the affirmative procedure, it

may not be made unless the draft of the instrument laid under

sub-paragraph (2) has been approved by a resolution of each

House of Parliament,

(b)    

“sitting day” means, in respect of either House, a day on which

that House sits.

      (6)  

Nothing in this paragraph prevents a Minister of the Crown from

deciding, at any time before a statutory instrument mentioned in sub-

paragraph (1)(a) is made, that another procedure should apply in

relation to the instrument.”

Page 45, line 23, at end insert—

“Committee of the National Assembly for Wales to sift certain regulations involving Welsh

Ministers

3A  (1)  

Sub-paragraph (2) applies if the Welsh Ministers are to make a statutory

instrument to which paragraph 1(9) applies and are of the opinion that

the appropriate procedure for the instrument is for it to be subject to

annulment in pursuance of a resolution of the National Assembly for

Wales.

      (2)  

The Welsh Ministers may not make the instrument so that it is subject to

that procedure unless—

(a)    

condition 1 is met, and

(b)    

either condition 2 or 3 is met.

      (3)  

Condition 1 is that the Welsh Ministers—

(a)    

have made a statement in writing to the effect that in their

opinion the instrument should be subject to annulment in

pursuance of a resolution of the National Assembly for Wales,

and

(b)    

have laid before the Assembly—

(i)    

a draft of the instrument, and

(ii)    

a memorandum setting out the statement and the reasons

for the Welsh Ministers’ opinion.

      (4)  

Condition 2 is that a committee of the National Assembly for Wales

charged with doing so has made a recommendation as to the appropriate

procedure for the instrument.

      (5)  

Condition 3 is that the period of 14 days beginning with the first day

after the day on which the draft instrument was laid before the National

Assembly for Wales as mentioned in sub-paragraph (3) has ended

without any recommendation being made as mentioned in sub-

paragraph (4).

      (6)  

In calculating the period of 14 days, no account is to be taken of any time

during which the National Assembly for Wales is—

(a)    

dissolved, or

(b)    

in recess for more than four days.

      (7)  

Nothing in this paragraph prevents the Welsh Ministers from deciding

at any time before a statutory instrument to which paragraph 1(9)

applies is made that another procedure should apply to the instrument

(whether under paragraph 1(9) or 4B).

      (8)  

Section 6(1) of the Statutory Instruments Act 1946 as applied by section

11A of that Act (alternative procedure for certain instruments laid in

draft before the Assembly) does not apply in relation to any statutory

instrument to which this paragraph applies.

      (9)  

The references in this paragraph to paragraph 1(9) do not include

references to paragraph 1(9) as applied by paragraph 7(5) (for which see

paragraph 13A).”

Page 45, line 38, leave out “one month” and insert “28 days”

Page 45, line 42, leave out “one month” and insert “28 days”

Page 46, line 14, at end insert—

“Scrutiny procedure in certain urgent cases: devolved authorities

4A  (1)  

This paragraph applies to—

(a)    

regulations to which paragraph 1(6) applies, or

(b)    

regulations to which paragraph 1(7) applies which would not

otherwise be made without being subject to the affirmative

procedure.

      (2)  

The regulations may be made without being subject to the affirmative

procedure if the regulations contain a declaration that the Scottish

Ministers are of the opinion that, by reason of urgency, it is necessary to

make the regulations without them being subject to that procedure.

      (3)  

After regulations are made in accordance with sub-paragraph (2), they

must be laid before the Scottish Parliament.

      (4)  

Regulations made in accordance with sub-paragraph (2) cease to have

effect at the end of the period of 28 days beginning with the day on which

they are made unless, during that period, the regulations are approved

by resolution of the Scottish Parliament.

      (5)  

In calculating the period of 28 days, no account is to be taken of any time

during which the Scottish Parliament is—

(a)    

dissolved, or

(b)    

in recess 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

regulations, or

(b)    

prevent the making of new regulations.

      (7)  

The references in this paragraph to paragraph 1(6) or (7) do not include

references to paragraph 1(6) or (7) as applied by paragraph 7(5) (for

which see paragraph 14(6A)).

4B  (1)  

Sub-paragraph (2) applies to—

(a)    

a statutory instrument to which paragraph 1(8) applies, or

(b)    

a statutory instrument to which paragraph 1(9) applies which

would not otherwise be made without a draft of the instrument

being laid before, and approved by a resolution of, the National

Assembly for Wales.

      (2)  

The instrument may be made without a draft of the instrument being

laid before, and approved by a resolution of, the National Assembly for

Wales if it contains a declaration that the Welsh Ministers are 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 be laid before the National Assembly for Wales.

      (4)  

Regulations contained in an instrument made in accordance with sub-

paragraph (2) cease to have effect at the end of the period of 28 days

beginning with the day on which the instrument is made unless, during

that period, the instrument is approved by a resolution of the National

Assembly for Wales.

      (5)  

In calculating the period of 28 days, no account is to be taken of any time

during which the National Assembly for Wales is—

(a)    

dissolved, or

(b)    

in recess 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

regulations, or

(b)    

prevent the making of new regulations.

      (7)  

Sub-paragraph (8) applies to a statutory instrument to which paragraph

1(9) applies where the Welsh Ministers are of the opinion that the

appropriate procedure for the instrument is for it to be subject to

annulment in pursuance of a resolution of the National Assembly for

Wales.

      (8)  

Paragraph 3A does not apply in relation to the instrument if the

instrument contains a declaration that the Welsh Ministers are of the

opinion that, by reason of urgency, it is necessary to make the

regulations without meeting the requirements of that paragraph.

      (9)  

The references in this paragraph to paragraph 1(8) or (9) do not include

references to paragraph 1(8) or (9) as applied by paragraph 7(5) (for

which see paragraph 14(6A)).

4C  (1)  

This paragraph applies to—

(a)    

regulations to which paragraph 1(10) applies, or

(b)    

regulations to which paragraph 1(11) applies which would not

otherwise be made without a draft of the regulations being laid

before, and approved by a resolution of, the Northern Ireland

Assembly.

      (2)  

The regulations may be made without a draft of the regulations being

laid before, and approved by a resolution of, the Northern Ireland

Assembly if they contain a declaration that the Northern Ireland

department 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 regulations are made in accordance with sub-paragraph (2), they

must be laid before the Northern Ireland Assembly.

      (4)  

Regulations made in accordance with sub-paragraph (2) cease to have

effect at the end of the period of 28 days beginning with the day on which

they are made unless, during that period, the regulations are approved

by a resolution of the Northern Ireland Assembly.

      (5)  

In calculating the period of 28 days, no account is to be taken of any time

during which the Northern Ireland Assembly is—

(a)    

dissolved,

(b)    

in recess for more than four days, or

(c)    

adjourned for more than six 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

regulations, or

(b)    

prevent the making of new regulations.

      (7)  

The references in this paragraph to paragraph 1(10) or (11) do not

include references to paragraph 1(10) or (11) as applied by paragraph

7(5) (for which see paragraph 14(6A)).”

Page 46, line 22, leave out paragraph 6

Page 47, line 14, leave out paragraphs (a) and (b)

Page 47, line 22, leave out “imposes, or otherwise”

Page 47, line 24, at end insert “or”

Page 47, line 25, leave out from “legislate” to end of line 26

Page 47, line 37, at end insert—

“Power to repeal provisions relating to retained EU law restrictions

7A         

A statutory instrument containing regulations under section 11(4B) may

not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.”

Page 47, line 40, leave out “paragraph 1 of”

Page 47, line 40, leave out “falling within sub-paragraph (2)” and insert “which

does not relate to altering the amount of a fee or charge to reflect changes in the

value of money”

Page 47, line 43, leave out sub-paragraph (2)

Page 48, line 14, leave out from “under” to end of line 15 and insert “Schedule 4

which does not relate to altering the amount of a fee or charge to reflect changes in

the value of money.”

Page 48, line 21, leave out paragraph 10 and insert—

“Power to appoint “exit day”

10         

A statutory instrument containing regulations under section 14 which

appoint a day as exit day may not be made unless a draft of the

instrument has been laid before, and approved by a resolution of, each

House of Parliament.”

Page 48, line 26, after “is” insert “(if a draft of the instrument has not been laid

before, and approved by a resolution of, each House of Parliament)”

Page 48, line 27, at end insert—

“    (2)  

See paragraph 13 for restrictions on the choice of procedure under sub-

paragraph (1).”

Page 49, line 4, leave out paragraph 13

Page 49, line 35, at end insert—

“Committee of the National Assembly for Wales to sift certain regulations involving Welsh

Ministers

13A      

Paragraph 3A applies to regulations under Part 3 of Schedule 2 as it

applies to regulations under Part 1 of that Schedule but as if—

(a)    

the references to paragraph 1(9) were references to paragraph

1(9) as applied by paragraph 7(5),

(b)    

the reference to paragraph 4B were a reference to that paragraph

as applied by paragraph 14(6A), and

(c)    

paragraph 3A(9) were omitted.”

Page 49, line 38, leave out “, 6(1)”

Page 49, line 40, leave out “6(3),”

Page 49, line 40, leave out “or 8(3)” and insert “, 8(3) or 11”

Page 50, line 9, leave out “one month” and insert “28 days”

Page 50, line 13, leave out “one month” and insert “28 days”

Page 50, line 21, at end insert—

“  (6A)  

Paragraphs 4A to 4C apply to regulations under Part 3 of Schedule 2 as

they apply to regulations under Part 1 of that Schedule but as if—

(a)    

the references to paragraphs 1(6), (7), (8), (9), (10) or (11) were

references to those provisions as applied by paragraph 7(5),

(b)    

the reference in paragraph 4B(8) to paragraph 3A were a

reference to that paragraph as applied by paragraph 13A, and

(c)    

paragraphs 4A(7), 4B(9) and 4C(7) were omitted.”

Page 50, line 22, leave out “6(3) or”

Page 50, line 23, after “7(3)” insert “or 11”