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

European Union (Withdrawal Agreement) BillPage 100

unless a draft of the instrument has been laid before, and
approved by a resolution of, the National Assembly for Wales.

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

(9) Regulations under Part 1C of Schedule 2 of a Northern Ireland
department acting alone which contain provision falling within
sub-paragraph (2) may not be made unless a draft of the
10regulations has been laid before, and approved by a resolution of,
the Northern Ireland Assembly.

(10) Any other regulations under Part 1C 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
15(Northern Ireland) 1954 as if they were a statutory instrument
within the meaning of that Act.

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

(2) 20The procedure provided for by sub-paragraph (3) or (4) applies in
relation 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
25paragraph applies which contain provision falling within
paragraph 8F(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.

(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 contain provision falling
within paragraph 8F(2) are subject to the affirmative procedure.

(6) 35Any other regulations to which this paragraph applies which are
made jointly with the Scottish Ministers are subject to the negative
procedure.

(7) Section 29 of the Interpretation and Legislative Reform (Scotland)
Act 2010 (affirmative procedure) applies in relation to regulations
40to 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
statutory instrument).

(8) 45Sections 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

European Union (Withdrawal Agreement) BillPage 101

(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)
5Act 2010 (laying) applies in relation to the laying before the
Scottish 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) 10A statutory instrument containing regulations to which this
paragraph applies which are made jointly with the Welsh
Ministers and contain provision falling within paragraph 8F(2)
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly
15for 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
the National Assembly for Wales.

(12) 20Regulations to which this paragraph applies which are made
jointly with a Northern Ireland department and contain provision
falling within paragraph 8F(2) 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) 25Any other regulations to which this paragraph applies which are
made 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) 30If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a) either 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
35be annulled,

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) 40in 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
45Ireland 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.

European Union (Withdrawal Agreement) BillPage 102

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

8H Power under paragraph 4(2) of Schedule 5A in connection with protection for workers’
rights

5A statutory instrument containing regulations under paragraph
4(2) of Schedule 5A may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of,
each House of Parliament.”

53 In Part 2 of Schedule 7 (scrutiny of other powers under Act), in paragraph
1017(11), omit paragraphs (b) and (c) and the words after paragraph (c).

54 (1) Part 3 of Schedule 7 (general provision about powers under Act) is amended
as follows.

(2) In paragraph 21—

(a) in paragraph (a)(i) after “modify” insert “anything which continues
15to be domestic law by virtue of section 1B(2) or any”, and

(b) in paragraph (b) for “any retained EU law” substitute “anything
which continues to be domestic law by virtue of section 1B(2), or any
retained EU law,”.

(3) In paragraph 23—

(a) 20in sub-paragraph (1) for “sections 2” substitute “sections 1A”,

(b) in sub-paragraph (2) after “Accordingly,” insert “anything which
continues to be domestic law by virtue of section 1B(2) or”,

(c) in sub-paragraph (3) for “sections 2” substitute “sections 1A”,

(d) in sub-paragraph (4)(b) for “sections 2” substitute “sections 1A”, and

(e) 25in sub-paragraph (5) for “retained EU law” substitute “anything
which continues to be domestic law by virtue of section 1B(2), or as
retained EU law,”.

(4) After paragraph 23 insert—

“Anticipatory exercise of powers in relation to section 1B(2) saved law

23A 30Any power to make regulations under this Act which modify
anything which continues to be domestic law by virtue of section
1B(2) is capable of being exercised before exit day so that the
regulations come into force on or after exit day.”

(5) In paragraph 24 for “exit day”, in both places where it appears, substitute “IP
35completion day”.

(6) After paragraph 24 insert—

“Anticipatory exercise of powers in relation to the withdrawal agreement etc.

24A Any power to make regulations under this Act in relation to the
withdrawal agreement, the EEA EFTA separation agreement or
40the Swiss citizens’ rights agreement, or any modification of any of
them which requires ratification, is capable of being exercised
before the agreement or (as the case may be) modification
concerned is ratified.”

European Union (Withdrawal Agreement) BillPage 103

(7) In paragraph 28(6)(c) for “exit day” substitute “IP completion day”.

(8) In paragraph 29(6)(c) for “exit day” substitute “IP completion day”.

55 (1) Part 1 of Schedule 8 (general consequential provision) is amended as
follows.

(2) 5In paragraph 1(1) for “exit day”, in both places where it appears, substitute
“IP completion day”.

(3) In paragraph 2—

(a) in sub-paragraph (1) for “exit day”, wherever it appears, substitute
“IP completion day”,

(b) 10after sub-paragraph (2) insert—

(2A) Sub-paragraph (1) does not apply so far as any reference
forms part of relevant separation agreement law.”, and

(c) in sub-paragraph (3) for “and (2)” substitute “to (2A)”.

(4) For paragraph 7 substitute—

7 15Any 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—

(a) on or after exit day, without that restriction, and

(b) 20on or after IP completion day, without any corresponding
restriction in relation to compatibility with retained EU
law,

so far as the restriction concerned is not applicable to and in the
United Kingdom by virtue of the withdrawal agreement.”

(5) 25In paragraph 8—

(a) in sub-paragraph (1)(b) for “exit day” substitute “IP completion day”,
and

(b) in sub-paragraph (3) for “exit day”, in both places where it appears,
substitute “IP completion day”.

(6) 30In paragraph 9—

(a) in sub-paragraph (1)—

(i) for “exit day” substitute “IP completion day”, and

(ii) for “pre-exit” substitute “pre-IP completion day”, and

(b) in sub-paragraph (2)—

(i) 35for “pre-exit” substitute “pre-IP completion day”, and

(ii) for “exit day” substitute “IP completion day”.

(7) In paragraph 12—

(a) in sub-paragraph (1)(b) for “exit day” substitute “IP completion day”,
and

(b) 40in sub-paragraph (3)—

(i) for “, and in the same Session as, this Act” substitute “this Act
and before IP completion day”, and

(ii) for “exit day”, in both places where it appears, substitute “IP
completion day”.

(8) 45In paragraph 13—

European Union (Withdrawal Agreement) BillPage 104

(a) in sub-paragraph (1)(a) and (4)(a) for “exit day” substitute “IP
completion day”, and

(b) after sub-paragraph (8) insert—

(8A) This paragraph does not apply where the amendment or
5revocation of subordinate legislation is for the purposes
of—

(a) the withdrawal agreement (other than Part 4 of that
agreement),

(b) the EEA EFTA separation agreement, or

(c) 10the Swiss citizens’ rights agreement.”

(9) In paragraph 14—

(a) in sub-paragraph (1) for “exit day” substitute “IP completion day”,
and

(b) after sub-paragraph (11) insert—

(11A) 15This paragraph does not apply where the amendment or
revocation of subordinate legislation is for the purposes
of—

(a) the withdrawal agreement (other than Part 4 of that
agreement),

(b) 20the EEA EFTA separation agreement, or

(c) the Swiss citizens’ rights agreement.”

(10) In paragraph 15—

(a) in sub-paragraphs (1) and (7) for “exit day” substitute “IP completion
day”, and

(b) 25after sub-paragraph (10) insert—

(11) This paragraph does not apply where the amendment or
revocation of subordinate legislation is for the purposes
of—

(a) the withdrawal agreement (other than Part 4 of that
30agreement),

(b) the EEA EFTA separation agreement, or

(c) the Swiss citizens’ rights agreement.”

(11) In paragraph 16—

(a) in sub-paragraphs (1) and (6) for “exit day” substitute “IP completion
35day”, and

(b) after sub-paragraph (8) insert—

(9) This paragraph does not apply where the amendment or
revocation of subordinate legislation is for the purposes
of—

(a) 40the withdrawal agreement (other than Part 4 of that
agreement),

(b) the EEA EFTA separation agreement, or

(c) the Swiss citizens’ rights agreement.”

56 (1) Part 3 of Schedule 8 (general transitional, transitory or saving provision) is
45amended as follows.

(2) Before paragraph 37 (but after the italic heading before that paragraph)

European Union (Withdrawal Agreement) BillPage 105

insert—

36A (1) Anything done—

(a) in connection with anything which continues to be
domestic law by virtue of section 1A(2) or 1B(2), or

(b) 5for a purpose mentioned in section 2(2)(a) or (b) of the
European Communities Act 1972 or otherwise related to
the EU or the EEA,

if in force or effective immediately before exit day, continues to be
in force or effective on and after exit day.

(2) 10Anything done—

(a) in connection with anything which continues to be
domestic law by virtue of section 1A(2) or 1B(2), or

(b) for a purpose mentioned in section 2(2)(a) or (b) of the
European Communities Act 1972 or otherwise related to
15the EU or the EEA,

which, immediately before exit day, is in the process of being done
continues to be done on and after exit day.

(3) Sub-paragraphs (1) and (2) are subject to—

(a) sections 1 to 1B and the withdrawal of the United Kingdom
20from the EU,

(b) any provision made under section 23(6) of this Act or
section 39(5) of the European Union (Withdrawal
Agreement) Act 2019, and

(c) any other provision made by or under this Act, the
25European Union (Withdrawal Agreement) Act 2019 or any
other enactment.

(4) References in this paragraph to anything done include references
to anything omitted to be done.”

(3) In paragraph 37—

(a) 30in sub-paragraphs (1) and (2) for “exit day”, wherever it appears,
substitute “IP completion day”,

(b) in sub-paragraph (3)(a) for “section 1” substitute “sections 1 to 1B”,

(c) in sub-paragraph (3)(b) for “6” substitute “7C”,

(d) in sub-paragraph (3)(c) after “23(6)” insert “of this Act or section 39(5)
35of the European Union (Withdrawal Agreement) Act 2019”, and

(e) in sub-paragraph (3)(d) after “this Act” insert “, the European Union
(Withdrawal Agreement) Act 2019”.

57 (1) Part 4 of Schedule 8 (specific transitional, transitory and saving provision) is
amended as follows.

(2) 40In the italic heading before paragraph 38 for “existing EU law” substitute
“saved EU law at end of implementation period”.

(3) After that italic heading but before paragraph 38 insert—

“37A

37A The repeal of section 1A(1) to (4) by section 1A(5) and the repeal of
section 1B(1) to (5) by section 1B(6) do not prevent an enactment to
45which section 2 applies from continuing to be read, on and after IP
completion day and by virtue of section 2, in accordance with
section 1B(3) or (4).”

European Union (Withdrawal Agreement) BillPage 106

(4) In paragraph 38 for “exit day”, in both places where it appears, substitute “IP
completion day”.

(5) In paragraph 39—

(a) for “exit day”, wherever it appears, substitute “IP completion day”,
5and

(b) in sub-paragraph (1) after “section 23(6)” insert “of this Act or section
39(5) of the European Union (Withdrawal Agreement) Act 2019”.

(6) In paragraph 40—

(a) after “section 8” insert “, 8A”,

(b) 10after “23(1) or” insert “Part 1, 1A or 2 of”, and

(c) after “Schedule 2” insert “or paragraph 4(2) of Schedule 5A”.

(7) In paragraph 41—

(a) for “exit day”, wherever it appears, substitute “IP completion day”,
and

(b) 15in sub-paragraph (10) for “the making of regulations under Schedule
2 or 4” substitute

(a) the making of regulations before exit day under
Part 1A of Schedule 2, or

(b) the making of regulations under—

(i) 20Part 1B or 1C of Schedule 2, or

(ii) Schedule 4.”

(8) In paragraph 42 for “exit day” substitute “IP completion day”.

The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving
Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

58 (1) 25The European Parliamentary Elections Etc. (Repeal, Revocation,
Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU
Exit) Regulations 2018 (S.I. 2018/1310S.I. 2018/1310) are amended as follows.

(2) Omit regulation 3 (cessation of certain rights etc. which form part of
domestic law by virtue of section 4 of the European Union (Withdrawal) Act
302018).

(3) In table 2 in Part 2 of Schedule 1 (revocations of certain EU decisions etc.)
omit the entries relating to Council Decisions 76/787 and 2002/772.

Legislation (Wales) Act 2019 (anaw 4)

59 The Legislation (Wales) Act 2019 is amended as follows.

60 35In section 24 (references to direct EU legislation retained in domestic law
after EU exit), in subsection (1)(a)—

(a) in the Welsh language text, for “y diwrnod ymadael” substitute
“diwrnod cwblhau’r cyfnod gweithredu”, and

(b) in the English language text, for “exit day” substitute
40“implementation period completion day”.

61 In section 26 (references to EU instruments), in subsection (3)—

European Union (Withdrawal Agreement) BillPage 107

(a) in the Welsh language text, omit “ar gyfer darpariaeth am effaith
cyfeiriadau penodol sy’n bodoli cyn y diwrnod ymadael ar y
diwrnod ymadael neu ar ôl y diwrnod ymadael”, and

(b) in the English language text, omit “for provision about the effect on
5or after exit day of certain references which exist before exit day”.

62 In the Table in Schedule 1 (definitions of words and expressions), in the
Welsh language text—

(a) after the entry for “Cynulliad Cenedlaethol Cymru (National
Assembly for Wales
)” insert—

“cytundeb ymadael
â’r UE (EU withdrawal
agreement)
10mae i “cytundeb ymadael â’r
UE” yr ystyr a roddir i
“withdrawal agreement” yn
Neddf yr Undeb Ewropeaidd (Y
Cytundeb Ymadael) 2019 (p. )
15(gweler adran 37(1) a (6) o’r
Ddeddf honno)”

(b) in the entry for “cytundeb yr AEE (EEA agreement)”, for “y diwrnod
ymadael” substitute “diwrnod cwblhau’r cyfnod gweithredu”,

(c) in the entry for “y Cytuniadau (the Treaties) neu Cytuniadau‘r UE
20(EU Treaties)”, for paragraphs (a) and (b) substitute—

(a) mewn perthynas ag amser cyn diwrnod cwblhau’r
cyfnod gweithredu, yr ystyr a roddir i “the Treaties”
neu “the EU Treaties” gan Ddeddf y Cymunedau
Ewropeaidd 1972 (p. 68) fel y mae’n cael effaith yn
25rhinwedd adran 1A o Ddeddf yr Undeb Ewropeaidd
(Ymadael) 2018;

(b) mewn perthynas ag amser ar neu ar ôl diwrnod
cwblhau’r cyfnod gweithredu, yr ystyr a roddir i “the
Treaties” neu “the EU Treaties” gan Ddeddf y
30Cymuendau Ewropeaidd 1972 fel yr oedd ganddi
effaith yn union cyn diwrnod cwblhau’r cyfnod
gweithredu, ac mae’n cyfeirio at y Cytuniadau neu
Gytuniadau’r UE fel yr oeddent yn union cyn
diwrnod cwblhau’r cyfnod gweithredu”,

(d) 35after the entry for “y Deyrnas Unedig (United Kingdom)” insert—

“diwrnod cwblhau’r
cyfnod gweithredu
(implementation period
completion day)
mae i “diwrnod cwblhau’r cyfnod
gweithredu” yr ystyr sydd i “IP
completion day” o fewn ystyr
Deddf yr Undeb Ewropeaidd (Y
40Cytundeb Ymadael) 2019 (p. ), ac
mae ymadroddion perthynol i’w
dehongli yn unol â hynny (gweler
adran 37(1) i (5) o’r Ddeddf
honno)”,

(e) 45in the entry for “offeryn UE (EU instrument)”, for “y diwrnod
ymadael” substitute “diwrnod cwblhau’r cyfnod gweithredu”, and

European Union (Withdrawal Agreement) BillPage 108

(f) in the entry for “rhwymedigaeth UE a ddargedwir (retained EU
obligation
)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau’r
cyfnod gweithredu”.

63 In the Table in Schedule 1 (definitions of words and expressions), in the
5English language text—

(a) in the entry for “EEA agreement (cytundeb yr AEE)”, for “exit day”
substitute “implementation period completion day”,

(b) in the entry for “EU instrument (offeryn UE)”, for “exit day”
substitute “implementation period completion day”,

(c) 10after the entry for “European Court (Llys Ewropeaidd)” insert—

EU withdrawal
agreement (cytundeb
ymadael â’r UE)
EU withdrawal agreement”
means the withdrawal agreement
within the meaning of the
European Union (Withdrawal
15Agreement) Act 2019 (c. ) (see
section 37(1) and (6) of that Act)”,

(d) after the entry for “High Court (Uchel Lys)” insert—

“implementation
period completion
day (diwrnod
cwblhau’r cyfnod
gweithredu)
“implementation period
completion day” means “IP
20completion day” within the
meaning of the European Union
(Withdrawal Agreement) Act 2019
(c. ), and related expressions are to
be interpreted accordingly (see
25section 37(1) to (5) of that Act)”,

(e) in the entry for “retained EU obligation (rhwymedigaeth UE a
ddargedwir
)”, for “exit day” substitute “implementation period
completion day”, and

(f) in the entry for “the Treaties (y Cytuniadau) or the EU Treaties
30(Cytuniadau‘r UE)”, for paragraphs (a) and (b) substitute—

(a) in relation to a time before implementation period
completion day, has the meaning given by the
European Communities Act 1972 (c. 68)1972 (c. 68) as it has effect
by virtue of section 1A of the European Union
35(Withdrawal) Act 2018;

(b) in relation to a time on or after implementation period
completion day, has the meaning given by the
European Communities Act 1972 as it had effect
immediately before implementation period
40completion day, and refers to the Treaties or the EU
Treaties as they were immediately before
implementation period completion day.”

European Union (Withdrawal Agreement) BillPage 109

Part 3 Transitional, transitory and saving provision

Retention of existing grounds for deportation

64 (1) If section 10(2) (which inserts section 3(5A) of the Immigration Act 1971)
5comes into force before IP completion day, section 3(5A) of the Act of 1971 is
to be read, until IP completion day, as if—

(a) for “Article 20 of the EU withdrawal agreement” there were
substituted “Article 19(3) of the EU withdrawal agreement”, and

(b) for “Article 19 of the EEA EFTA separation agreement” there were
10substituted “Article 18(3) of the EEA EFTA separation agreement”.

(2) If section 10(4) (which inserts section 3(10) and (11) of the Immigration Act
1971) comes into force before IP completion day, section 3(10) of the Act of
1971 is to be read, until IP completion day, as if paragraphs (c) and (d) were
omitted.

(3) 15If section 10(5) (which inserts section 33(6B) to (6D) of the UK Borders Act
2007) comes into force before IP completion day, section 33(6C) of the Act of
2007 is to be read, until IP completion day, as if paragraphs (c) and (d) were
omitted.

Certain powers of devolved authorities in relation to EU law

65 20Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of
Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far
as relating to EU law, do not apply to the making of regulations under
section 12, 13 or 14.

Regulations under EUWA etc.

66 (1) 25The fact that a power to make regulations is conferred by this Act in the
European Union (Withdrawal) Act 2018 does not affect the extent of any
other power to make regulations under that Act.

(2) The modifications made by this Act to any power to make regulations
conferred by the European Union (Withdrawal) Act 2018 do not affect the
30validity of any regulations made under that power before the coming into
force of the modifications.

(3) Sub-paragraph (2) is subject to any provision made by regulations under
section 39(5) above or section 23(6) of the Act of 2018.

Time-limited powers

67 35The prohibition on making regulations under paragraph 1(3) or (5) or 4(2) of
this Schedule after the end of the period of one year beginning with IP
completion day does not affect the continuation in force of regulations made
at or before that time.

Power to make transitional, transitory or saving regulations under EUWA

68 (1) 40The power of a Minister of the Crown under section 23(6) of the European
Union (Withdrawal) Act 2018 to make such transitional, transitory or saving