European Union (Withdrawal Agreement) Bill (HC Bill 7)

European Union (Withdrawal Agreement) BillPage 90

(a) after the definition of “Charter of Fundamental Rights” insert—

  • ““Commons sitting day” means a day on which the
    House of Commons is sitting (and a day is only a day
    on which the House of Commons is sitting if the
    5House begins to sit on that day);”,

(b) in the definition of “domestic law”, in paragraph (a), for “section 3”
substitute “sections 3, 7A and 7B”,

(c) in the definition of “enactment”, in paragraph (h), for “2” substitute
“1B”,

(d) 10after the definition of “exit day” insert—

  • ““Joint Committee” means the Joint Committee
    established by Article 164(1) of the withdrawal
    agreement;

  • “Lords sitting day” means a day on which the House of
    15Lords is sitting (and a day is only a day on which the
    House of Lords is sitting if the House begins to sit on
    that day);”,

(e) after the definition of “public authority” insert—

  • ““ratify”, whether in relation to the withdrawal
    20agreement or otherwise, has the same meaning as it
    does for the purposes of Part 2 of the Constitutional
    Reform and Governance Act 2010 in relation to a
    treaty (see section 25 of that Act);”,

(f) in the definition of “retained direct EU legislation” for “exit day”
25substitute “IP completion day”,

(g) in the definition of “subordinate legislation” for “exit day” substitute
“IP completion day”, and

(h) omit the definition of “withdrawal agreement”.

(3) After subsection (5) insert—

(5A) 30In this Act references to anything which continues to be domestic law
by virtue of section 1B(2) include—

(a) references to anything to which section 1B(2) applies which
continues to be domestic law on or after exit day (whether or
not it would have done so irrespective of that provision), and

(b) 35references to anything which continues to be domestic law on
or after exit day by virtue of section 1B(2) (as that body of law
is added to or otherwise modified by or under this Act or by
other domestic law from time to time).”

(4) In subsection (6) for “exit day” substitute “IP completion day”.

46 40In the table in section 21(1) (index of defined expressions)—

(a) before the entry for “Anything which continues to be domestic law
by virtue of section 2” (and after the headings for the table) insert—

“Anything which
continues to be
domestic law by virtue
of section 1B(2)
Section
20(5A)”,
45

(b) after the entry for “Charter of Fundamental Rights” insert—

European Union (Withdrawal Agreement) BillPage 91

“Commons sitting day Section 20(1)”,

(c) after the entry for “EEA agreement” insert—

EEA EFTA separation
agreement
Section 7B(6)”,

(d) 5after the entry for “EU decision” insert—

“EU-derived domestic
legislation
Section 1B(7)”,

(e) after the entry for “EU regulation” insert—

“European
Communities Act 1972
Section
101A(7)(a)”,

(f) after the entry for “Former Article 34(2)(c) of Treaty on European
Union” insert—

“Implementation period Section 1A(6)
IP completion day (and
related expressions)
Section 1A(6)
15
Joint Committee Section 20(1)
Lords sitting day Section 20(1)”,

(g) after the entry for “Operative (in relation to direct EU legislation)”
insert—

“Part (of withdrawal
agreement or EEA
EFTA separation
agreement)
20Section
1A(7)(b)”,

(h) after the entry for “Public authority in the United Kingdom (however
25expressed)” insert—

“Qualifying Northern
Ireland goods
Section 8C(6)
Ratify Section 20(1)”,

(i) after the entry for “relevant criminal offence” insert—

European Union (Withdrawal Agreement) BillPage 92

“Relevant separation
agreement law
Section
7C(3)”,

(j) after the entry for “subordinate legislation” insert—

“Swiss citizens’ rights
agreement
Section 7B(6)”,
5and

(k) in the entry for “Withdrawal agreement” for “Section 20(1)”
substitute “Section 1A(6)”.

47 (1) Section 23 (consequential and transitional provision) is amended as follows.

(2) In subsection (3) for “the end of the Session in which this Act is passed”
10substitute “IP completion day”.

(3) In subsection (4) for “exit day” substitute “IP completion day”.

(4) In subsection (6) after “exit day” insert “or IP completion day”.

48 (1) Schedule 4 (powers in connection with fees and charges) is amended as
follows.

(2) 15In paragraph 5(1) for “exit day” substitute “IP completion day”.

(3) In paragraph 6 for “section 8 or 9” substitute “sections 8 to 9”.

(4) In paragraph 8(a) for “the repeal of that section by section 1” substitute “IP
completion day”.

(5) In paragraph 11 for “section 8 or 9” substitute “sections 8 to 9”.

49 (1) 20Schedule 5 (publication and rules of evidence) is amended as follows.

(2) In paragraphs 1(1)(a) and (5)(a) and (b) and 2(1) for “exit day” substitute “IP
completion day”.

(3) In paragraph 3—

(a) in sub-paragraph (1)—

(i) 25for “, for the purpose of interpreting retained EU law in legal
proceedings,” substitute “in legal proceedings”, and

(ii) omit “for that purpose”, and

(b) in sub-paragraph (2) omit the definition of “interpreting retained EU
law”.

(4) 30In paragraph 4—

(a) in sub-paragraph (4) for “the end of the Session in which this Act is
passed” substitute “IP completion day”, and

(b) in sub-paragraph (5)—

(i) after paragraph (c) but before the “and” at the end of that
35paragraph insert—

(ca) the EEA EFTA separation agreement,

(cb) the Swiss citizens’ rights agreement,

(cc) the withdrawal agreement,” and

(ii) in paragraph (d) for “or (c)” substitute “, (c), (ca), (cb) or (cc)”.

European Union (Withdrawal Agreement) BillPage 93

50 (1) Schedule 6 (instruments which are exempt EU instruments) is amended as
follows.

(2) Omit paragraphs 1(1), 2 and 4.

(3) In paragraph 3—

(a) 5omit “or EU regulation” in paragraph (a), and

(b) omit paragraph (b) and the word “or” before it.

51 In Part 1 of Schedule 7 (scrutiny of powers to deal with deficiencies)—

(a) in paragraph 2(17), for “and (15)” substitute “to (16)”, and

(b) in paragraph 3(11), omit paragraphs (b) and (c) and the words after
10paragraph (c).

52 After Part 1 of Schedule 7 insert—

8A Powers in connection with Part 4 of the withdrawal agreement

A statutory instrument containing regulations under section
1A(3)(a)(ii) may not be made unless a draft of the instrument has
15been laid before, and approved by a resolution of, each House of
Parliament.

(1) A statutory instrument containing regulations under section 8A
which amend, repeal or revoke—

(a) primary legislation, or

(b) 20retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.

(2) Any other statutory instrument containing regulations under
25section 8A is subject to annulment in pursuance of a resolution of
either House of Parliament.

(3) Regulations under Part 1A of Schedule 2 of the Scottish Ministers
acting alone which amend, repeal or revoke—

(a) primary legislation, or

(b) 30retained direct principal EU legislation,

are subject to the affirmative procedure (see section 29 of the
Interpretation and Legislative Reform (Scotland) Act 2010 (asp
10)).

(4) Any other regulations under Part 1A of Schedule 2 of the Scottish
35Ministers acting alone are subject to the negative procedure (see
section 28 of the Interpretation and Legislative Reform (Scotland)
Act 2010).

(5) A statutory instrument containing regulations under Part 1A of
Schedule 2 of the Welsh Ministers acting alone which amend,
40repeal or revoke—

(a) primary legislation, or

European Union (Withdrawal Agreement) BillPage 94

(b) retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly
for Wales.

(6) 5Any other statutory instrument containing regulations under Part
1A of Schedule 2 of the Welsh Ministers acting alone is subject to
annulment in pursuance of a resolution of the National Assembly
for Wales.

(7) Regulations under Part 1A of Schedule 2 of a Northern Ireland
10department acting alone which amend, repeal or revoke—

(a) primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland
15Assembly.

(8) Any other regulations under Part 1A of Schedule 2 of a Northern
Ireland department acting alone are subject to negative resolution
within the meaning of section 41(6) of the Interpretation Act
(Northern Ireland) 1954 as if they were a statutory instrument
20within the meaning of that Act.

(1) This paragraph applies to regulations under Part 1A of Schedule 2
of a Minister of the Crown acting jointly with a devolved
authority.

(2) The procedure provided for by sub-paragraph (3) or (4) applies in
25relation to regulations to which this paragraph applies as well as
any other procedure provided for by this paragraph which is
applicable in relation to the regulations concerned.

(3) A statutory instrument containing regulations to which this
paragraph applies which amend, repeal or revoke—

(a) 30primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.

(4) 35Any other statutory instrument containing regulations to which
this paragraph applies is subject to annulment in pursuance of a
resolution of either House of Parliament.

(5) Regulations to which this paragraph applies which are made
jointly with the Scottish Ministers and amend, repeal or revoke—

(a) 40primary legislation, or

(b) retained direct principal EU legislation,

are subject to the affirmative procedure.

(6) Any other regulations to which this paragraph applies which are
made jointly with the Scottish Ministers are subject to the negative
45procedure.

(7) Section 29 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (affirmative procedure) applies in relation to regulations

European Union (Withdrawal Agreement) BillPage 95

to which sub-paragraph (5) applies as it applies in relation to
devolved subordinate legislation (within the meaning of Part 2 of
that Act) which is subject to the affirmative procedure (but as if
references to a Scottish statutory instrument were references to a
5statutory instrument).

(8) Sections 28(2), (3) and (8) and 31 of the Interpretation and
Legislative Reform (Scotland) Act 2010 (negative procedure etc.)
apply in relation to regulations to which sub-paragraph (6) applies
as they apply in relation to devolved subordinate legislation
10(within the meaning of Part 2 of that Act) which is subject to the
negative procedure (but as if references to a Scottish statutory
instrument were references to a statutory instrument).

(9) Section 32 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (laying) applies in relation to the laying before the
15Scottish Parliament of a statutory instrument containing
regulations to which sub-paragraph (5) or (6) applies as it applies
in relation to the laying before that Parliament of a Scottish
statutory instrument (within the meaning of Part 2 of that Act).

(10) A statutory instrument containing regulations to which this
20paragraph applies which are made jointly with the Welsh
Ministers and amend, repeal or revoke—

(a) primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
25before, and approved by a resolution of, the National Assembly
for Wales.

(11) Any other statutory instrument containing regulations to which
this paragraph applies which are made jointly with the Welsh
Ministers is subject to annulment in pursuance of a resolution of
30the National Assembly for Wales.

(12) Regulations to which this paragraph applies which are made
jointly with a Northern Ireland department and amend, repeal or
revoke—

(a) primary legislation, or

(b) 35retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland
Assembly.

(13) Any other regulations to which this paragraph applies which are
40made jointly with a Northern Ireland department are subject to
negative resolution within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954 as if they were a
statutory instrument within the meaning of that Act.

(14) If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a) 45either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument be
annulled, or

(b) a relevant devolved legislature resolves that an instrument
be annulled,

European Union (Withdrawal Agreement) BillPage 96

nothing further is to be done under the instrument after the date
of the resolution and Her Majesty may by Order in Council revoke
the instrument.

(15) In sub-paragraph (14) “relevant devolved legislature” means—

(a) 5in the case of regulations made jointly with the Scottish
Ministers, the Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh
Ministers, the National Assembly for Wales, and

(c) in the case of regulations made jointly with a Northern
10Ireland department, the Northern Ireland Assembly.

(16) Sub-paragraph (14) does not affect the validity of anything
previously done under the instrument or prevent the making of a
new instrument.

(17) Sub-paragraphs (14) to (16) apply in place of provision made by
15any other enactment about the effect of such a resolution.

8D Powers in connection with other separation issues in the withdrawal agreement etc.

(1) A statutory instrument containing regulations under section 8B
which amend, repeal or revoke—

(a) primary legislation, or

(b) 20retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.

(2) Any other statutory instrument containing regulations under
25section 8B is subject to annulment in pursuance of a resolution of
either House of Parliament.

(3) Regulations under Part 1B of Schedule 2 of the Scottish Ministers
acting alone which amend, repeal or revoke—

(a) primary legislation, or

(b) 30retained direct principal EU legislation,

are subject to the affirmative procedure (see section 29 of the
Interpretation and Legislative Reform (Scotland) Act 2010).

(4) Any other regulations under Part 1B of Schedule 2 of the Scottish
Ministers acting alone are subject to the negative procedure (see
35section 28 of the Interpretation and Legislative Reform (Scotland)
Act 2010).

(5) A statutory instrument containing regulations under Part 1B of
Schedule 2 of the Welsh Ministers acting alone which amend,
repeal or revoke—

(a) 40primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly
for Wales.

(6) 45Any other statutory instrument containing regulations under Part
1B of Schedule 2 of the Welsh Ministers acting alone is subject to

European Union (Withdrawal Agreement) BillPage 97

annulment in pursuance of a resolution of the National Assembly
for Wales.

(7) Regulations under Part 1B of Schedule 2 of a Northern Ireland
department acting alone which amend, repeal or revoke—

(a) 5primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland
Assembly.

(8) 10Any other regulations under Part 1B of Schedule 2 of a Northern
Ireland department acting alone are subject to negative resolution
within the meaning of section 41(6) of the Interpretation Act
(Northern Ireland) 1954 as if they were a statutory instrument
within the meaning of that Act.

(1) 15This paragraph applies to regulations under Part 1B of Schedule 2
of a Minister of the Crown acting jointly with a devolved
authority.

(2) The procedure provided for by sub-paragraph (3) or (4) applies in
relation to regulations to which this paragraph applies as well as
20any other procedure provided for by this paragraph which is
applicable in relation to the regulations concerned.

(3) A statutory instrument containing regulations to which this
paragraph applies which amend, repeal or revoke—

(a) primary legislation, or

(b) 25retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.

(4) Any other statutory instrument containing regulations to which
30this paragraph applies is subject to annulment in pursuance of a
resolution of either House of Parliament.

(5) Regulations to which this paragraph applies which are made
jointly with the Scottish Ministers and amend, repeal or revoke—

(a) primary legislation, or

(b) 35retained direct principal EU legislation,

are subject to the affirmative procedure.

(6) Any other regulations to which this paragraph applies which are
made jointly with the Scottish Ministers are subject to the negative
procedure.

(7) 40Section 29 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (affirmative procedure) applies in relation to regulations
to which sub-paragraph (5) applies as it applies in relation to
devolved subordinate legislation (within the meaning of Part 2 of
that Act) which is subject to the affirmative procedure (but as if
45references to a Scottish statutory instrument were references to a
statutory instrument).

European Union (Withdrawal Agreement) BillPage 98

(8) Sections 28(2), (3) and (8) and 31 of the Interpretation and
Legislative Reform (Scotland) Act 2010 (negative procedure etc.)
apply in relation to regulations to which sub-paragraph (6) applies
as they apply in relation to devolved subordinate legislation
5(within the meaning of Part 2 of that Act) which is subject to the
negative procedure (but as if references to a Scottish statutory
instrument were references to a statutory instrument).

(9) Section 32 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (laying) applies in relation to the laying before the
10Scottish Parliament of a statutory instrument containing
regulations to which sub-paragraph (5) or (6) applies as it applies
in relation to the laying before that Parliament of a Scottish
statutory instrument (within the meaning of Part 2 of that Act).

(10) A statutory instrument containing regulations to which this
15paragraph applies which are made jointly with the Welsh
Ministers and amend, repeal or revoke—

(a) primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid
20before, and approved by a resolution of, the National Assembly
for Wales.

(11) Any other statutory instrument containing regulations to which
this paragraph applies which are made jointly with the Welsh
Ministers is subject to annulment in pursuance of a resolution of
25the National Assembly for Wales.

(12) Regulations to which this paragraph applies which are made
jointly with a Northern Ireland department and amend, repeal or
revoke—

(a) primary legislation, or

(b) 30retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland
Assembly.

(13) Any other regulations to which this paragraph applies which are
35made jointly with a Northern Ireland department are subject to
negative resolution within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954 as if they were a
statutory instrument within the meaning of that Act.

(14) If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a) 40either House of Parliament resolves that an address be
presented to Her Majesty praying that an instrument be
annulled, or

(b) a relevant devolved legislature resolves that an instrument
be annulled,

45nothing further is to be done under the instrument after the date
of the resolution and Her Majesty may by Order in Council revoke
the instrument.

(15) In sub-paragraph (14) “relevant devolved legislature” means—

European Union (Withdrawal Agreement) BillPage 99

(a) in the case of regulations made jointly with the Scottish
Ministers, the Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh
Ministers, the National Assembly for Wales, and

(c) 5in the case of regulations made jointly with a Northern
Ireland department, the Northern Ireland Assembly.

(16) Sub-paragraph (14) does not affect the validity of anything
previously done under the instrument or prevent the making of a
new instrument.

(17) 10Sub-paragraphs (14) to (16) apply in place of provision made by
any other enactment about the effect of such a resolution.

8F Powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal
agreement

(1) A statutory instrument containing regulations under section 8C(1)
15which contain provision falling within sub-paragraph (2) may not
be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(2) Provision falls within this sub-paragraph if it—

(a) amends, repeals or revokes primary legislation or retained
20direct principal EU legislation,

(b) establishes a public authority,

(c) relates to a fee in respect of a function exercisable by a
public authority in the United Kingdom,

(d) creates, or widens the scope of, a criminal offence,

(e) 25creates or amends a power to legislate, or

(f) facilitates the access to the market within Great Britain of
qualifying Northern Ireland goods.

(3) Any other statutory instrument containing regulations under
section 8C(1) is subject to annulment in pursuance of a resolution
30of either House of Parliament.

(4) A statutory instrument containing regulations under section 8C(6)
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.

(5) 35Regulations under Part 1C of Schedule 2 of the Scottish Ministers
acting alone which contain provision falling within sub-
paragraph (2) are subject to the affirmative procedure (see section
29 of the Interpretation and Legislative Reform (Scotland) Act
2010).

(6) 40Any other regulations under Part 1C of Schedule 2 of the Scottish
Ministers acting alone are subject to the negative procedure (see
section 28 of the Interpretation and Legislative Reform (Scotland)
Act 2010).

(7) A statutory instrument containing regulations under Part 1C of
45Schedule 2 of the Welsh Ministers acting alone which contain
provision falling within sub-paragraph (2) may not be made