European Union (Withdrawal) (No. 4) Bill (HC Bill 335)

1 Section 2 not to apply if withdrawal agreement approved

(1) If, before the trigger date, the House of Commons has passed a resolution
approving the negotiated withdrawal agreement and the framework for the
future relationship for the purposes of section 13(1)(b) of the European Union
5(Withdrawal) Act 2018 (“the 2018 Act”), section 2 does not have effect.

(2) If, at any time on or after the trigger date and before 29 March 2019, the House
of Commons passes a resolution approving the negotiated withdrawal
agreement and the framework for the future relationship for the purposes of
section 13(1)(b) of the 2018 Act, section 2 ceases to have effect.

(3) 10In this Act, “the trigger date” means –

(a) Wednesday 13 March 2019, or

(b) the day after the day on which this Act is passed,

whichever is the later.

2 Duties in connection with leaving without withdrawal agreement and period
15for withdrawal negotiations

(1) On the Commons sitting day (other than a Friday) after the trigger date, the
Prime Minister must move a motion in the House of Commons in the form set
out in subsection (2) or in the form set out in subsection (3).

(2) The form of the motion set out in this subsection is –

20“That this House approves leaving the European Union without a withdrawal
agreement and a framework for the future relationship.”

(3) The form of the motion set out in this subsection is –

“That this House agrees for the purposes of section 2 of the European Union
(Withdrawal) Act 2019 to the Prime Minister seeking an extension of the period
specified in Article 50(3) of the Treaty on European Union to a period ending
5on […]”

(4) A motion in the form set out in subsection (3) must include a date in the
position indicated by the brackets in that subsection.

(5) Subsection (6) applies if –

(a) the Prime Minister moves a motion in the form set out in subsection (2),
10and

(b) the motion is not agreed to without amendment on the day on which it
is moved.

(6) If this subsection applies, the Prime Minister must on the next Commons
sitting day (other than a Friday) move a motion in the form set out in
15subsection (3) for the purposes of subsection (1).

(7) If the motion in the form set out in subsection (3) for the purposes of subsection
(1) is agreed to without amendment, the Prime Minister must seek an extension
of the period specified in Article 50(3) of the Treaty on European Union to a
period ending on the date included in that motion.

(8) 20If the motion in the form set out in subsection (3) for the purposes of subsection
(1) is agreed to with an amendment to change the date in the motion as moved
to another date, the Prime Minister must seek an extension of the period
specified in Article 50(3) of the Treaty on European Union for a period ending
on the date included in the motion as agreed to.

(9) 25Subsections (10) and (11) apply if the European Council proposes an extension
of the period specified in Article 50(3) of the Treaty on European Union to a
period ending other than on the date proposed in the resolution arising from
the motion in the form set out in subsection (3) for the purposes of subsection
(1).

(10) 30If the condition in subsection (9) is met, on the Commons sitting day (other
than a Friday) after the day after the European Council makes the proposal
referred to in subsection (9), the Prime Minister must move a motion in the
House of Commons in the form set out in subsection (3).

(11) Subsections (7) and (8) apply in respect of the motion in the form set out in
35subsection (3) for the purposes of subsection (10) as they apply to such a
motion for the purposes of subsection (1).

(12) Nothing in this section prevents the Prime Minister from seeking an extension
of the period specified in Article 50(3) of the Treaty on European Union
otherwise than in accordance with the provisions of subsections (1) to (11).

3 40Interpretation, commencement, extent and short title

(1) Any term used in this Act which is also defined in section 20 of the 2018 Act
has the same meaning in this Act as in that Act.

(2) This Act comes into force on the day on which this Act is passed.

(3) This Act extends to England and Wales, Scotland and Northern Ireland.

(4) 45This Act may be cited as the European Union (Withdrawal) Act 2019.