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| |
| | |
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| | is to be subject to the same procedure (if any) before Parliament, the |
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| Scottish Parliament, the National Assembly for Wales or the Northern |
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| Ireland Assembly as would apply to that legislation if it were amending |
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| or revoking an enactment contained in subordinate legislation made |
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| |
| (4) | Any subordinate legislation which— |
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| (a) | is, or is to be, made, confirmed or approved by virtue of |
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| |
| (b) | modifies (otherwise than as a connected modification and |
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| otherwise than by way of amending or revoking it) any retained |
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| direct minor EU legislation, |
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| | is to be subject to the same procedure (if any) before Parliament, the |
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| Scottish Parliament, the National Assembly for Wales or the Northern |
|
| Ireland Assembly as would apply to that legislation if it were amending |
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| or revoking an enactment contained in subordinate legislation made |
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| |
| (5) | Any subordinate legislation which— |
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| (a) | is, or is to be, made, confirmed or approved by virtue of |
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| |
| (b) | modifies as a connected modification any retained direct EU |
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| legislation or anything which is retained EU law by virtue of |
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| |
| | is to be subject to the same procedure (if any) before Parliament, the |
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| Scottish Parliament, the National Assembly for Wales or the Northern |
|
| Ireland Assembly as would apply to the modification to which it is |
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| |
| (6) | Any provision which may be made, confirmed or approved by virtue of |
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| paragraph 3A may be included in the same instrument as any other |
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| provision which may be so made, confirmed or approved. |
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| (7) | Where more than one procedure of a kind falling within sub-paragraph |
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| (8) would otherwise apply in the same legislature for an instrument |
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| falling within sub-paragraph (6), the higher procedure is to apply in the |
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| |
| (8) | The order of procedures is as follows (the highest first)— |
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| (a) | a procedure which requires a statement of urgency before the |
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| instrument is made and the approval of the instrument after it is |
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| made to enable it to remain in force, |
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| (b) | a procedure which requires the approval of the instrument in |
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| |
| (c) | a procedure not falling within paragraph (a) which requires the |
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| approval of the instrument after it is made to enable it to come |
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| into, or remain in, force, |
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| (d) | a procedure which provides for the annulment of the instrument |
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| |
| (e) | a procedure not falling within any of the above paragraphs |
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| which provides for the laying of the instrument after it is made, |
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| |
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| |
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| |
| | |
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| (9) | The references in this paragraph to amending or repealing an enactment |
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| contained in primary legislation or amending or revoking an enactment |
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| contained in subordinate legislation do not include references to |
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| amending or repealing or (as the case may be) amending or revoking an |
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| enactment contained in any Northern Ireland legislation which is an |
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| |
| (10) | In this paragraph “connected modification” means a modification which |
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| is supplementary, incidental, consequential, transitional or transitory, or |
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| a saving, in connection with— |
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| (a) | another modification under the power of retained direct EU |
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| legislation or anything which is retained EU law by virtue of |
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| |
| (b) | anything else done under the power. |
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| 3C (1) | This paragraph applies to any power to make, confirm or approve |
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| |
| (a) | which was conferred before the day on which this Act is passed, |
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| |
| (b) | is not capable of being exercised as mentioned in paragraph |
|
| 3A(1)(b) or is only capable of being so exercised in relation to |
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| Northern Ireland legislation which is an Order in Council. |
|
| (2) | Any power to which this paragraph applies (other than a power to |
|
| which sub-paragraph (4) applies) is to be read— |
|
| (a) | so far as is consistent with any retained direct principal EU |
|
| legislation or anything which is retained EU law by virtue of |
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| |
| (b) | 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 minor EU legislation. |
|
| (3) | Any power to which this paragraph applies (other than a power to |
|
| which sub-paragraph (4) applies) 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)— |
|
| (a) | any retained direct principal EU legislation, or |
|
| (b) | anything which is retained EU law by virtue of section 4, |
|
| | so far as the modification is supplementary, incidental or consequential |
|
| in connection with any modification of any retained direct minor EU |
|
| legislation by virtue of sub-paragraph (2). |
|
| (4) | Any power to which this paragraph applies so far as it is a power to |
|
| make, confirm or approve transitional, transitory or saving provision 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 |
|
| |
| (a) | any retained direct EU legislation, or |
|
| (b) | anything which is retained EU law by virtue of section 4. |
|
| 3D | Any subordinate legislation which is, or is to be, made, confirmed or |
|
| approved by virtue of paragraph 3C(2), (3) or (4) is to be subject to the |
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| 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 doing anything else under the |
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| |
|
| |
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|
| |
| | |
|
| 3E | Any power to make, confirm or approve subordinate legislation which, |
|
| immediately before exit day, is subject to an implied restriction that it is |
|
| exercisable only compatibly with EU law is to be read on or after exit day |
|
| without that restriction or any corresponding restriction in relation to |
|
| compatibility with retained EU law. |
|
| 3F (1) | Paragraphs 3A to 3E and this paragraph— |
|
| (a) | do not prevent the conferral of wider powers, |
|
| (b) | do not apply so far as section 57(4) of the Scotland Act 1998, |
|
| section 80(8) of the Government of Wales Act 2006 or section |
|
| 24(3) of the Northern Ireland Act 1998 applies (or would apply |
|
| when in force on and after exit day), and |
|
| (c) | are subject to any other provision made by or under this Act or |
|
| |
| (2) | For the purposes of paragraphs 3A and 3C— |
|
| (a) | a power is conferred whether or not it is in force, and |
|
| (b) | a power in retained direct EU legislation is not conferred before |
|
| the day on which this Act is passed. |
|
| (3) | A power which, by virtue of paragraph 3A or 3C or any Act of |
|
| Parliament passed before, and in the same Session as, this Act, is capable |
|
| of being exercised to modify any retained EU law is capable of being so |
|
| exercised before exit day so as to come into force on or after exit day.” |
|
| |
160 | Page 56, line 26, leave out paragraph 5 and insert— |
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| “5A(1) | This paragraph applies to any power to make, confirm or approve |
|
| subordinate legislation which is conferred on or after the day on which |
|
| |
| (2) | Any power to which this paragraph applies (other than a power to |
|
| which sub-paragraph (4) applies) may— |
|
| (a) | so far as is consistent with any retained direct principal EU |
|
| legislation or anything which is retained EU law by virtue of |
|
| |
| (b) | so far as applicable and unless the contrary intention appears, |
|
| | be exercised to modify (or, as the case may be, result in the modification |
|
| of) any retained direct minor EU legislation. |
|
| (3) | Any power to which this paragraph applies (other than a power to |
|
| which sub-paragraph (4) applies) may, so far as applicable and unless |
|
| the contrary intention appears, be exercised to modify (or, as the case |
|
| may be, result in the modification of)— |
|
| (a) | any retained direct principal EU legislation, or |
|
| (b) | anything which is retained EU law by virtue of section 4, |
|
| | so far as the modification is supplementary, incidental or consequential |
|
| in connection with any modification of any retained direct minor EU |
|
| legislation by virtue of sub-paragraph (2). |
|
|
| |
|
|
| |
| | |
|
| (4) | Any power to which this paragraph applies so far as it is a power to |
|
| make, confirm or approve transitional, transitory or saving provision |
|
| may, so far as applicable and unless the contrary intention appears, be |
|
| exercised to modify (or, as the case may be, result in the modification |
|
| |
| (a) | any retained direct EU legislation, or |
|
| (b) | anything which is retained EU law by virtue of section 4. |
|
| 5B (1) | Sub-paragraph (2) applies to any power to make, confirm or approve |
|
| subordinate legislation which— |
|
| (a) | is conferred on or after the day on which this Act is passed, and |
|
| (b) | is capable of being exercised to amend or revoke (or, as the case |
|
| may be, result in the amendment or revocation of) any retained |
|
| direct principal EU legislation. |
|
| (2) | The power may, so far as applicable and unless the contrary intention |
|
| |
| (a) | to modify otherwise than by way of amendment or revocation |
|
| (or, as the case may be, result in such modification of) any |
|
| retained direct principal EU legislation, or |
|
| (b) | to modify (or, as the case may be, result in the modification of) |
|
| anything which is retained EU law by virtue of section 4. |
|
| 5C (1) | Paragraphs 5A and 5B and this paragraph— |
|
| (a) | do not prevent the conferral of wider powers, |
|
| (b) | do not apply so far as section 57(4) of the Scotland Act 1998, |
|
| section 80(8) of the Government of Wales Act 2006 or section |
|
| 24(3) of the Northern Ireland Act 1998 applies (or would apply |
|
| when in force on and after exit day), and |
|
| (c) | are subject to any other provision made by or under this Act or |
|
| |
| (2) | For the purposes of paragraphs 5A and 5B— |
|
| (a) | a power is conferred whether or not it is in force, |
|
| (b) | a power in retained direct EU legislation is conferred on or after |
|
| the day on which this Act is passed, and |
|
| (c) | the references to powers conferred include powers conferred by |
|
| regulations under this Act (but not powers conferred by this Act). |
|
| (3) | A power which, by virtue of paragraph 5A or 5B or any Act of |
|
| Parliament passed after, and in the same Session as, this Act, is capable |
|
| of being exercised to modify any retained EU law is capable of being so |
|
| exercised before exit day so as to come into force on or after exit day.” |
|
| |
161 | Page 56, line 32, at end insert— |
|
| “Explanatory statements for instruments amending or revoking regulations etc. under |
|
| |
| 5D (1) | This paragraph applies where, on or after exit day— |
|
| (a) | a statutory instrument which amends or revokes any |
|
| subordinate legislation made under section 2(2) of the European |
|
| |
| (b) | a draft of such an instrument, |
|
|
| |
|
|
| |
| | |
|
| | is to be laid before each House of Parliament or before the House of |
|
| |
| (2) | Before the instrument or draft is laid, the relevant authority must make |
|
| a statement as to why, in the opinion of the relevant authority, there are |
|
| good reasons for the amendment or revocation. |
|
| (3) | Before the instrument or draft is laid, the relevant authority must make |
|
| a statement otherwise explaining— |
|
| (a) | the law which is relevant to the amendment or revocation, and |
|
| (b) | the effect of the amendment or revocation on retained EU law. |
|
| (4) | If the relevant authority fails to make a statement required by sub- |
|
| paragraph (2) or (3) before the instrument or draft is laid— |
|
| (a) | a Minister of the Crown, or |
|
| (b) | where the relevant authority is not a Minister of the Crown, the |
|
| |
| | must make a statement explaining why the relevant authority has failed |
|
| to make the statement as so required. |
|
| (5) | A statement under sub-paragraph (2), (3) or (4) must be made in writing |
|
| and be published in such manner as the person making it considers |
|
| |
| (6) | For the purposes of this paragraph, where an instrument or 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. |
|
| (7) | This paragraph applies in relation to instruments whether the power to |
|
| make them is conferred before, on or after exit day including where the |
|
| power is conferred by regulations under this Act (but not where it is |
|
| |
| (8) | This paragraph does not apply in relation to any laying before each |
|
| House of Parliament, or before the House of Commons only, of an |
|
| instrument or draft instrument where an equivalent draft instrument |
|
| (ignoring any differences relating to procedure) has previously been laid |
|
| before both Houses or before the House of Commons only. |
|
| (9) | In this paragraph “the relevant authority” means— |
|
| (a) | in the case of an Order in Council or Order of Council, the |
|
| Minister of the Crown who has responsibility in relation to the |
|
| |
| (b) | in the case of any other statutory instrument which is not made |
|
| by a Minister of the Crown, the person who makes, or is to make, |
|
| |
| (c) | in any other case, the Minister of the Crown who makes, or is to |
|
| |
| |
162 | Page 56, line 32, at end insert— |
|
| “5E(1) | This paragraph applies where, on or after exit day— |
|
| (a) | a Scottish statutory instrument which amends or revokes any |
|
| subordinate legislation made under section 2(2) of the European |
|
| |
| (b) | a draft of such an instrument, |
|
|
| |
|
|
| |
| | |
|
| | is to be laid before the Scottish Parliament. |
|
| (2) | Before the instrument or draft is laid, the relevant authority must make |
|
| a statement as to why, in the opinion of the relevant authority, there are |
|
| good reasons for the amendment or revocation. |
|
| (3) | Before the instrument or draft is laid, the relevant authority must make |
|
| a statement otherwise explaining— |
|
| (a) | the law which is relevant to the amendment or revocation, and |
|
| (b) | the effect of the amendment or revocation on retained EU law. |
|
| (4) | If the relevant authority fails to make a statement required by sub- |
|
| paragraph (2) or (3) before the instrument or draft is laid, the relevant |
|
| authority must make a statement explaining why the relevant authority |
|
| has failed to make the statement as so required. |
|
| (5) | A statement under sub-paragraph (2), (3) or (4) must be made in writing |
|
| and be published in such manner as the relevant authority considers |
|
| |
| (6) | This paragraph applies in relation to instruments whether the power to |
|
| make them is conferred before, on or after exit day including where the |
|
| power is conferred by regulations under this Act (but not where it is |
|
| |
| (7) | In this paragraph “the relevant authority” means— |
|
| (a) | in the case of a Scottish statutory instrument which is not made |
|
| by the Scottish Ministers, other than an Order in Council, the |
|
| person who makes, or is to make, the instrument, and |
|
| (b) | in any other case, the Scottish Ministers.” |
|
| |
163 | Page 59, line 31, after “law”” insert “, “retained direct minor EU legislation”, |
|
| “retained direct principal EU legislation”” |
|
| |
164 | Page 59, line 33, after “6(7)” insert “, (Status of retained EU law)(6)” |
|
| |
165 | Page 60, line 38, leave out “29(4A)” and insert “30A(1)” |
|
| |
166 | Page 61, line 2, at beginning insert “This paragraph has effect” |
|
| |
167 | Page 61, line 2, leave out from “1998” to end of line 4 and insert— |
|
| “( ) | Any retained direct principal EU legislation is to be treated as primary |
|
| |
| ( ) | Any retained direct minor EU legislation is to be treated as primary |
|
| legislation so far as it amends any primary legislation but otherwise is to |
|
| be treated as subordinate legislation.” |
|
| |
168 | Page 61, line 5, leave out “sub-paragraph (1)” and insert “this paragraph “amend”,” |
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|
| |
|