Insert the following new Clause—

“Continuation of North-South co-operation and the prevention of new border

arrangements

(1)    

In exercising any of the powers under this Act, a Minister of the Crown or

devolved authority must—

(a)    

act in a way that is compatible with the terms of the Northern

Ireland Act 1998, and

(b)    

have due regard to the joint report from the negotiators of the EU

and the United Kingdom Government on progress during phase 1

of negotiations under Article 50 of the Treaty on European Union.

(2)    

Nothing in section 7, 8, 9 or 17 of this Act authorises regulations which—

(a)    

diminish any form of North-South co-operation across the full

range of political, economic, security, societal and agricultural

contexts and frameworks of co-operation, including the continued

operation of the North-South implementation bodies, or

(b)    

create or facilitate border arrangements between Northern Ireland

and the Republic of Ireland after exit day which feature—

(i)    

physical infrastructure, including border posts,

(ii)    

a requirement for customs or regulatory compliance checks,

(iii)    

a requirement for security checks,

(iv)    

random checks on goods vehicles, or

(v)    

any other checks and controls,

that did not exist before exit day and are not subject to an agreement

between Her Majesty’s Government and the Government of Ireland.”

Clause 11

Page 7, line 25, leave out subsections (1) to (3) and insert—

“(1)    

In section 29(2)(d) of the Scotland Act 1998 (no competence for the Scottish

Parliament to legislate incompatibly with EU law) for “with EU law”

substitute “in breach of the restriction in section 30A(1)”.

(2)    

After section 30 of that Act (legislative competence: supplementary)

insert—

“30A  

Legislative competence: restriction relating to retained EU law

(1)    

An Act of the Scottish Parliament cannot modify, or confer power

by subordinate legislation to modify, retained EU law so far as the

modification is of a description specified in regulations made by a

Minister of the Crown.

(2)    

But subsection (1) does not apply to any modification so far as it

would, immediately before exit day, have been within the

legislative competence of the Parliament.

(3)    

A Minister of the Crown must not lay for approval before each

House of the Parliament of the United Kingdom a draft of a

statutory instrument containing regulations under this section

unless—

(a)    

the Scottish Parliament has made a consent decision in

relation to the laying of the draft, or

(b)    

the 40 day period has ended without the Parliament having

made such a decision.

(4)    

For the purposes of subsection (3) a consent decision is—

(a)    

a decision to agree a motion consenting to the laying of the

draft,

(b)    

a decision not to agree a motion consenting to the laying of

the draft, or

(c)    

a decision to agree a motion refusing to consent to the laying

of the draft;

and a consent decision is made when the Parliament first makes a

decision falling within any of paragraphs (a) to (c) (whether or not

it subsequently makes another such decision).

(5)    

A Minister of the Crown who is proposing to lay a draft as

mentioned in subsection (3) must—

(a)    

provide a copy of the draft to the Scottish Ministers, and

(b)    

inform the Presiding Officer that a copy has been so

provided.

(6)    

See also paragraph 6 of Schedule 7 (duty to make explanatory

statement about regulations under this section including a duty to

explain any decision to lay a draft without the consent of the

Parliament).

(7)    

No regulations may be made under this section after the end of the

period of two years beginning with exit day.

(8)    

Subsection (7) does not affect the continuation in force of

regulations made under this section at or before the end of the

period mentioned in that subsection.

(9)    

Any regulations under this section which are in force at the end of

the period of five years beginning with the time at which they came

into force are revoked in their application to any Act of the Scottish

Parliament which receives Royal Assent after the end of that period.

(10)    

Subsections (3) to (8) do not apply in relation to regulations which

only relate to a revocation of a specification.

(11)    

In this section—

“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 Scottish Ministers,

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

during which the Parliament is dissolved or during which it is in

recess for more than four days.”

(3)    

In section 108A(2)(e) of the Government of Wales Act 2006 (no competence

for the National Assembly for Wales to legislate incompatibly with EU law)

for “with EU law” substitute “in breach of the restriction in section

109A(1)”.

(3A)    

After section 109 of that Act (legislative competence: supplementary)

insert—

“109A

Legislative competence: restriction relating to retained EU law

(1)    

An Act of the Assembly cannot modify, or confer power by

subordinate legislation to modify, retained EU law so far as the

modification is of a description specified in regulations made by a

Minister of the Crown.

(2)    

But subsection (1) does not apply to any modification so far as it

would, immediately before exit day, have been within the

Assembly’s legislative competence.

(3)    

No regulations are to be made under this section unless a draft of

the statutory instrument containing them has been laid before, and

approved by a resolution of, each House of Parliament.

(4)    

A Minister of the Crown must not lay a draft as mentioned in

subsection (3) unless—

(a)    

the Assembly has made a consent decision in relation to the

laying of the draft, or

(b)    

the 40 day period has ended without the Assembly having

made such a decision.

(5)    

For the purposes of subsection (4) a consent decision is—

(a)    

a decision to agree a motion consenting to the laying of the

draft,

(b)    

a decision not to agree a motion consenting to the laying of

the draft, or

(c)    

a decision to agree a motion refusing to consent to the laying

of the draft;

and a consent decision is made when the Assembly first makes a

decision falling within any of paragraphs (a) to (c) (whether or not

it subsequently makes another such decision).

(6)    

A Minister of the Crown who is proposing to lay a draft as

mentioned in subsection (3) must—

(a)    

provide a copy of the draft to the Welsh Ministers, and

(b)    

inform the Presiding Officer that a copy has been so

provided.

(7)    

See also section 157ZA (duty to make explanatory statement about

regulations under this section including a duty to explain any

decision to lay a draft without the consent of the Assembly).

(8)    

No regulations may be made under this section after the end of the

period of two years beginning with exit day.

(9)    

Subsection (8) does not affect the continuation in force of

regulations made under this section at or before the end of the

period mentioned in that subsection.

(10)    

Any regulations under this section which are in force at the end of

the period of five years beginning with the time at which they came

into force are revoked in their application to any Act of the

Assembly which receives Royal Assent after the end of that period.

(11)    

Subsections (4) to (9) do not apply in relation to regulations which

only relate to a revocation of a specification.

(12)    

In this section—

“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 Welsh Ministers,

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.”

(3B)    

In section 6(2)(d) of the Northern Ireland Act 1998 (no competence for the

Northern Ireland Assembly to legislate incompatibly with EU law) for

“incompatible with EU law” substitute “in breach of the restriction in

section 6A(1)”.

(3C)    

After section 6 of that Act (legislative competence) insert—

“6A    

Restriction relating to retained EU law

(1)    

An Act of the Assembly cannot modify, or confer power by

subordinate legislation to modify, retained EU law so far as the

modification is of a description specified in regulations made by a

Minister of the Crown.

(2)    

But subsection (1) does not apply to any modification so far as it

would, immediately before exit day, have been within the

legislative competence of the Assembly.

(3)    

A Minister of the Crown must not lay for approval before each

House of Parliament a draft of a statutory instrument containing

regulations under this section unless—

(a)    

the Assembly has made a consent decision in relation to the

laying of the draft, or

(b)    

the 40 day period has ended without the Assembly having

made such a decision.

(4)    

For the purposes of subsection (3) a consent decision is—

(a)    

a decision to agree a motion consenting to the laying of the

draft,

(b)    

a decision not to agree a motion consenting to the laying of

the draft, or

(c)    

a decision to agree a motion refusing to consent to the laying

of the draft;

and a consent decision is made when the Assembly first makes a

decision falling within any of paragraphs (a) to (c) (whether or not

it subsequently makes another such decision).

(5)    

A Minister of the Crown who is proposing to lay a draft as

mentioned in subsection (3) must—

(a)    

provide a copy of the draft to the relevant Northern Ireland

department, and

(b)    

inform the Presiding Officer that a copy has been so

provided.

(6)    

See also section 96A (duty to make explanatory statement about

regulations under this section including a duty to explain any

decision to lay a draft without the consent of the Assembly).

(7)    

No regulations may be made under this section after the end of the

period of two years beginning with exit day.

(8)    

Subsection (7) does not affect the continuation in force of

regulations made under this section at or before the end of the

period mentioned in that subsection.

(9)    

Any regulations under this section which are in force at the end of

the period of five years beginning with the time at which they came

into force are revoked in their application to any Act of the

Assembly which receives Royal Assent after the end of that period.

(10)    

Subsections (3) to (8) do not apply in relation to regulations which

only relate to a revocation of a specification.

(11)    

Regulations under this section may include such supplementary,

incidental, consequential, transitional, transitory or saving

provision as the Minister of the Crown making them considers

appropriate.

(12)    

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 8, line 40, leave out “(3)” and insert “(3C)”

Page 8, line 41, at end insert—

“(4A)    

Part 1A of Schedule 3 (which imposes reporting obligations on a Minister

of the Crown in recognition of the fact that the powers to make regulations

conferred by subsections (1) to (3C) and Part 1 of Schedule 3, and any

restrictions arising by virtue of them, are intended to be temporary) has

effect.

(4B)    

A Minister of the Crown may by regulations—

(a)    

repeal any of the following provisions—

(i)    

section 30A or 57(4) to (15) of the Scotland Act 1998,

(ii)    

section 80(8) to (8L) or 109A of the Government of Wales Act

2006, or

(iii)    

section 6A or 24(3) to (15) of the Northern Ireland Act 1998,

or

(b)    

modify any enactment in consequence of any such repeal.

(4C)    

Until all of the provisions mentioned in subsection (4B)(a) have been

repealed, a Minister of the Crown must, after the end of each review period,

consider whether it is appropriate—

(a)    

to repeal each of those provisions so far as it has not been repealed,

or

(b)    

to revoke any regulations made under any of those provisions so far

as they have not been revoked.

(4D)    

In considering whether to exercise the power to make regulations under

subsection (4B), a Minister of the Crown must have regard (among other

things) to—

(a)    

the fact that the powers to make regulations conferred by the

provisions mentioned in subsection (4B)(a), and any restrictions

arising by virtue of them, are intended to be temporary and, where

appropriate, replaced with other arrangements, and

(b)    

any progress which has been made in implementing those other

arrangements.”

Page 8, line 42, leave out “other”

Page 8, line 43, after “legislation” insert “not dealt with elsewhere”

Page 8, line 43, at end insert—

“(6)    

In this section—

“arrangement” means any enactment or other arrangement (whether

or not legally enforceable);

“review period” means—

(a)    

the period of three months beginning with the day on which

subsection (4C) comes into force, and

(b)    

after that, each successive period of three months.”

Before Clause 14

Insert the following new Clause—

“Future interaction with the law and agencies of the EU

Nothing in this Act shall prevent the United Kingdom from—

(a)    

replicating in domestic law any EU law made on or after exit day, or

(b)    

continuing to participate in, or have a formal relationship with, the

agencies of the European Union after exit day.”

Clause 14

Page 9, line 42, at end insert—

“( )    

an enactment contained in any Order in Council made in

exercise of Her Majesty’s Prerogative,”

Page 10, line 6, after “legislation,” insert—

“( )    

an enactment contained in any instrument made by a

member of the Scottish Government, the Welsh Ministers,

the First Minister for Wales, the Counsel General to the

Welsh Government, a Northern Ireland Minister, the First

Minister in Northern Ireland, the deputy First Minister in

Northern Ireland or a Northern Ireland department in

exercise of prerogative or other executive functions of Her

Majesty which are exercisable by such a person on behalf of

Her Majesty,”

Page 10, line 6, after “legislation,” insert—

“( )    

an enactment contained in, or in an instrument made under,

a Measure of the Church Assembly or of the General Synod

of the Church of England,”

Page 10, line 7, leave out “section 2” and insert “sections 2 and (Status of retained EU

law)”

Page 10, line 40, leave out from “means” to end of line 41 and insert “such day as a

Minister of the Crown may by regulations appoint (and see subsection (2));”

Page 11, line 26, after “in” insert “section (Status of retained EU law) or”

Page 11, line 38, leave out subsections (2) to (5) and insert—

“(2)    

In this Act—

(a)    

where a Minister of the Crown appoints a time as well as a day as

exit day (see paragraph 19 of Schedule 7), references to before, after

or on that day, or to beginning with that day, are to be read as

references to before, after or at that time on that day or (as the case

may be) to beginning with that time on that day, and

(b)    

where a Minister of the Crown does not appoint a time as well as a

day as exit day, the reference to exit day in section 1 is to be read as

a reference to the beginning of that day.”

Page 12, line 6, at end insert—

“(6A)    

In this Act references to anything which is retained EU law by virtue of

section 4 include references to any modifications, made by or under this

Act or by other domestic law from time to time, of the rights, powers,

liabilities, obligations, restrictions, remedies or procedures concerned.”