Page 51, line 42, at end insert—

“Anticipatory exercise of powers in relation to retained EU law

18A      

Any power to make regulations under this Act which modify retained

direct EU legislation, anything which is retained EU law by virtue of

section 4 or any other retained EU law is capable of being exercised

before exit day so that the regulations to come into force on or after exit

day.”

Page 52, line 16, leave out “, 8”

Page 52, line 16, leave out “or 9” and insert “, 9 or 17(1)”

Page 52, line 16, after “9” insert “or paragraph 1(2) or 21(2) of Schedule 2”

Page 52, line 17, leave out “or before the House of Commons only”

Page 52, line 20, at end insert—

“  (2A)  

Before the instrument or draft is laid, the relevant Minister must make a

statement as to why, in the Minister’s opinion—

(a)    

there are good reasons for the instrument or draft, and

(b)    

the provision made by the instrument or draft is a reasonable

course of action.”

Page 52, line 35, leave out “the reasons for it” and insert “its purpose”

Page 52, line 37, at end insert—

“    ( )  

Where an instrument or draft creates a criminal offence, the statement

required by sub-paragraph (2A) must (among other things) include an

explanation of why, in the relevant Minister’s opinion, there are good

reasons for creating the offence and for the penalty provided in respect

of it.”

Page 52, line 39, after “(2),” insert “(2A),”

Page 53, line 1, after “(2),” insert “(2A),”

Page 53, line 10, leave out “or before the House of Commons only”

Page 53, line 16, at end insert—

“22ZA (1)  

This paragraph applies where—

(a)    

a Scottish statutory instrument containing regulations under

Part 1 or 3 of Schedule 2, or

(b)    

a draft of such an instrument,

is to be laid before the Scottish Parliament.

      (2)  

Before the instrument or draft is laid, the Scottish Ministers must make a

statement to the effect that in the Scottish Ministers’ opinion the

instrument or draft does no more than is appropriate.

      (3)  

Before the instrument or draft is laid, the Scottish Ministers must make a

statement as to why, in the Scottish Ministers’ opinion—

(a)    

there are good reasons for the instrument or draft, and

(b)    

the provision made by the instrument or draft is a reasonable

course of action.

      (4)  

Before the instrument or draft is laid, the Scottish Ministers must make a

statement—

(a)    

as to whether the instrument or draft amends, repeals or revokes

any provision of equalities legislation, and

(b)    

if it does, explaining the effect of each such amendment, repeal or

revocation.

      (5)  

Before the instrument or draft is laid, the Scottish Ministers must make a

statement to the effect that, in relation to the instrument or draft, the

Scottish Ministers have, so far as required to do so by equalities

legislation, had due regard to the need to eliminate discrimination,

harassment, victimisation and any other conduct that is prohibited by or

under the Equality Act 2010.

      (6)  

Before the instrument or draft is laid, the Scottish Ministers must make a

statement otherwise explaining—

(a)    

the instrument or draft,

(b)    

its purpose,

(c)    

the law before exit day which is relevant to it, and

(d)    

its effect (if any) on retained EU law.

      (7)  

Where an instrument or draft creates a criminal offence, the statement

required by sub-paragraph (3) must (among other things) include an

explanation of why, in the Scottish Ministers’ opinion, there are good

reasons for creating the offence and for the penalty provided in respect

of it.

      (8)  

If the Scottish Ministers fail to make a statement required by sub-

paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, the

Scottish Ministers must make a statement explaining why they have

failed to do so.

      (9)  

A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made

in writing and be published in such manner as the Scottish Ministers

consider appropriate.

    (10)  

In this paragraph “equalities legislation” means the Equality Act 2006,

the Equality Act 2010 or any subordinate legislation made under either

of those Acts.”

Page 53, line 16, at end insert—

“Further explanatory statements in certain sub-delegation cases

22A(1)  

This paragraph applies where—

(a)    

a statutory instrument containing regulations under section 7(1)

or 9 or paragraph 1 of Schedule 4 which create a relevant sub-

delegated power, or

(b)    

a draft of such an instrument,

is to be laid before each House of Parliament.

      (2)  

Before the instrument or draft is laid, the relevant Minister must make a

statement explaining why it is appropriate to create a relevant sub-

delegated power.

      (3)  

If the relevant Minister fails to make a statement required by sub-

paragraph (2) before the instrument or draft is laid, a Minister of the

Crown must make a statement explaining why the relevant Minister has

failed to do so.

      (4)  

A statement under sub-paragraph (2) or (3) must be made in writing and

be published in such manner as the Minister making it considers

appropriate.

      (5)  

Sub-paragraphs (8) and (9) of paragraph 22 apply for the purposes of this

paragraph as they apply for the purposes of that paragraph.

      (6)  

For the purposes of this paragraph references to creating a relevant sub-

delegated power include (among other things) references to—

(a)    

amending a power to legislate which is exercisable by statutory

instrument by a relevant UK authority so that it becomes a

relevant sub-delegated power, or

(b)    

providing for any function of an EU entity or public authority in

a member State of making an instrument of a legislative character

to be exercisable instead as a relevant sub-delegated power by a

public authority in the United Kingdom.

      (7)  

In this paragraph—

“the relevant Minister” means the Minister of the Crown who

makes, or is to make, the instrument;

“relevant sub-delegated power” means a power to legislate

which—

(a)    

is not exercisable by any of the following—

(i)    

statutory instrument,

(ii)    

Scottish statutory instrument, or

(iii)    

statutory rule, or

(b)    

is so exercisable by a public authority other than a relevant

UK authority;

“relevant UK authority” means a Minister of the Crown, a member

of the Scottish Government, the Welsh Ministers, the First

Minister for Wales, the Counsel General to the Welsh

Government or a Northern Ireland devolved authority.”

Page 53, line 16, at end insert—

“22AA (1)  

This paragraph applies where—

(a)    

a Scottish statutory instrument containing regulations under Part

1 or 3 of Schedule 2 or paragraph 1 of Schedule 4 which create a

relevant sub-delegated power, or

(b)    

a draft of such an instrument,

is to be laid before the Scottish Parliament.

      (2)  

Before the instrument or draft is laid, the Scottish Ministers must make a

statement explaining why it is appropriate to create a relevant sub-

delegated power.

      (3)  

If the Scottish Ministers fail to make a statement required by sub-

paragraph (2) before the instrument or draft is laid, the Scottish

Ministers must make a statement explaining why they have failed to do

so.

      (4)  

A statement under sub-paragraph (2) or (3) must be made in writing and

be published in such manner as the Scottish Ministers consider

appropriate.

      (5)  

For the purposes of this paragraph references to creating a relevant sub-

delegated power include (among other things) references to—

(a)    

amending a power to legislate which is exercisable by Scottish

statutory instrument by a member of the Scottish Government so

that it becomes a relevant sub-delegated power, or

(b)    

providing for any function of an EU entity or public authority in

a member State of making an instrument of a legislative character

to be exercisable instead as a relevant sub-delegated power by a

public authority in the United Kingdom.

      (6)  

In this paragraph “relevant sub-delegated power” means a power to

legislate which—

(a)    

is not exercisable by Scottish statutory instrument, or

(b)    

is so exercisable by a public authority other than a member of the

Scottish Government.”

Page 53, line 16, at end insert—

“Annual reports in certain sub-delegation cases

22B(1)  

Each person by whom a relevant sub-delegated power is exercisable by

virtue of regulations made by a Minister of the Crown under section 7(1)

or 9 or paragraph 1 of Schedule 4 must—

(a)    

if the power has been exercised during a relevant year, and

(b)    

as soon as practicable after the end of the year,

prepare a report on how the power has been exercised during the year.

      (2)  

The person must—

(a)    

lay the report before each House of Parliament, and

(b)    

once laid—

(i)    

provide a copy of it to a Minister of the Crown, and

(ii)    

publish it in such manner as the person considers

appropriate.

      (3)  

In this paragraph—

“relevant sub-delegated power” has the same meaning as in

paragraph 22A;

“relevant year” means—

(a)    

in the case of a person who prepares an annual report, the

year by reference to which the report is prepared, and

(b)    

in any other case, the calendar year.”

Page 53, line 16, at end insert—

“22BA (1)  

Each person by whom a relevant sub-delegated power is exercisable by

virtue of regulations made by the Scottish Ministers by Scottish statutory

instrument under Part 1 or 3 of Schedule 2 or paragraph 1 of Schedule 4

must—

(a)    

if the power has been exercised during a relevant year, and

(b)    

as soon as practicable after the end of the year,

prepare a report on how the power has been exercised during the year.

      (2)  

The person must—

(a)    

lay the report before the Scottish Parliament, and

(b)    

once laid—

(i)    

send a copy of it to the Scottish Ministers, and

(ii)    

publish it in such manner as the person considers

appropriate.

      (3)  

In this paragraph—

“relevant sub-delegated power” has the same meaning as in

paragraph 22AA;

“relevant year” means—

(a)    

in the case of a person who prepares an annual report, the

year by reference to which the report is prepared, and

(b)    

in any other case, the calendar year.”

Page 53, line 16, at end insert—

“Further explanatory statements in urgency cases

22C(1)  

This paragraph applies where a statutory instrument containing

regulations under this Act is to be made by virtue of paragraph 4(2) or

14(2).

      (2)  

The Minister of the Crown who is to make the instrument must make a

statement in writing explaining the reasons for the Minister’s opinion

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

without a draft of the instrument containing them being laid before, and

approved by a resolution of, each House of Parliament.

      (3)  

A statement under sub-paragraph (2) must be published before, or at the

same time as, the instrument as made is laid before each House of

Parliament.

      (4)  

If the Minister—

(a)    

fails to make the statement required by sub-paragraph (2) before

the instrument is made, or

(b)    

fails to publish it as required by sub-paragraph (3),

a Minister of the Crown must make a statement explaining the failure.

      (5)  

A statement under sub-paragraph (4) must be made in writing and be

published in such manner as the Minister making it considers

appropriate.

      (6)  

For the purposes of this paragraph, where an instrument 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.”

Page 53, line 16, at end insert—

“22D (1)  

This paragraph applies where regulations are to be made by the Scottish

Ministers under this Act by virtue of paragraph 4A(2) (whether or not as

applied by paragraph 14(6A)).

      (2)  

The Scottish Ministers must make a statement in writing explaining the

reasons for the Scottish Ministers’ opinion that, by reason of urgency, it

is necessary to make the regulations without them being subject to the

affirmative procedure.

      (3)  

A statement under sub-paragraph (2) must be published before, or at the

same time as, the regulations as made are laid before the Scottish

Parliament.

      (4)  

If the Scottish Ministers—

(a)    

fail to make the statement required by sub-paragraph (2) before

the regulations are made, or

(b)    

fail to publish it as required by sub-paragraph (3),

they must make a statement explaining the failure.

      (5)  

A statement under sub-paragraph (4) must be made in writing and be

published in such manner as the Scottish Ministers consider

appropriate.”

Page 53, line 23, leave out paragraph 24 and insert—

“24(1)  

A power to make regulations which, under this Schedule, is capable of

being exercised subject to different procedures may (in spite of section

14 of the Interpretation Act 1978) be exercised, when revoking,

amending or re-enacting an instrument made under the power, subject

to a different procedure from the procedure to which the instrument was

subject.

      (2)  

For the purposes of sub-paragraph (1) in its application to regulations

under section 17(5) no procedure is also a procedure.”

Page 53, line 35, leave out “that requires” and insert “for”

Page 54, line 20, after “Act” insert “(and, accordingly, references in this Schedule to

an instrument containing regulations are to be read as references to an instrument

containing (whether alone or with other provision) regulations)”

Schedule 8

Page 55, line 33, leave out paragraph 3 and insert—

“3A(1)  

Any power to make, confirm or approve subordinate legislation

which—

(a)    

was conferred before the day on which this Act is passed, and

(b)    

is capable of being exercised to amend or repeal (or, as the case

may be, result in the amendment or repeal of) an enactment

contained in primary legislation,

is to be read, so far as the context permits or requires, as being capable of

being exercised to modify (or, as the case may be, result in the

modification of) any retained direct EU legislation or anything which is

retained EU law by virtue of section 4.

      (2)  

But sub-paragraph (1) does not apply if the power to make, confirm or

approve subordinate legislation is only capable of being exercised to

amend or repeal (or, as the case may be, result in the amendment or

repeal of) an enactment contained in Northern Ireland legislation which

is an Order in Council.

3B  (1)  

Any subordinate legislation which—

(a)    

is, or is to be, made, confirmed or approved by virtue of

paragraph 3A, and

(b)    

amends or revokes any retained direct principal EU legislation,

is to be subject to the same procedure (if any) before Parliament, the

Scottish Parliament, the National Assembly for Wales or the Northern

Ireland Assembly as would apply to that legislation if it were amending

or repealing an enactment contained in primary legislation.

      (2)  

Any subordinate legislation which—

(a)    

is, or is to be, made, confirmed or approved by virtue of

paragraph 3A, and

(b)    

either—

(i)    

modifies (otherwise than as a connected modification and

otherwise than by way of amending or revoking it) any

retained direct principal EU legislation, or

(ii)    

modifies (otherwise than as a connected modification)

anything which is retained EU law by virtue of section 4,

is to be subject to the same procedure (if any) before Parliament, the

Scottish Parliament, the National Assembly for Wales or the Northern

Ireland Assembly as would apply to that legislation if it were amending

or repealing an enactment contained in primary legislation.

      (3)  

Any subordinate legislation which—

(a)    

is, or is to be, made, confirmed or approved by virtue of

paragraph 3A, and

(b)    

amends or revokes any retained direct minor EU legislation,