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

A

BILL

TO

Implement, and make other provision in connection with, the agreement
between the United Kingdom and the EU under Article 50(2) of the Treaty on
European Union which sets out the arrangements for the United Kingdom’s
withdrawal from the EU.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Implementation period

Saved law for implementation period

1 Saving of ECA for implementation period

5After section 1 of the European Union (Withdrawal) Act 2018 (repeal of the
European Communities Act 1972) insert—

“Savings for implementation period
1A Saving for ECA for implementation period

(1) Subsections (2) to (4) have effect despite the repeal of the European
10Communities Act 1972 on exit day by section 1.

(2) The European Communities Act 1972, as it has effect in domestic law or
the law of a relevant territory immediately before exit day, continues to
have effect in domestic law or the law of the relevant territory on and
after exit day so far as provided by subsections (3) to (5).

(3) 15The Act of 1972 has effect on and after exit day as if —

(a) the definitions of “the Treaties” and “the EU Treaties” given by
section 1(2) to (4) (interpretation)—

European Union (Withdrawal Agreement) BillPage 2

(i) included Part 4 of the withdrawal agreement
(implementation period), other than that Part so far as it
relates to, or could be applied in relation to, the
Common Foreign and Security Policy, but

(ii) 5were otherwise limited to anything which falls within
those definitions as at immediately before exit day so far
as it is not excluded by regulations made on or after exit
day by a Minister of the Crown under this sub-
paragraph,

(b) 10the reference in section 2(2) to the objects of the EU were a
reference to those objects so far as they are applicable to and in
the United Kingdom by virtue of Part 4 of the withdrawal
agreement,

(c) section 2(3) (payment of EU costs etc.) were omitted,

(d) 15in section 3 (decisions on, and proof of, EU Treaties and EU
instruments etc.)—

(i) the references to the Treaties in subsections (1) and (2)
included the withdrawal agreement, and

(ii) the words in brackets in subsection (1) only applied so
20far as they are in accordance with Part 4 of the
withdrawal agreement,

(e) references in sections 5 and 6 (customs duties and common
agricultural policy) to the common customs tariff of the EU,
directly applicable EU provision, the exclusion of customs
25duties, EU arrangements and agricultural levies of the EU were
to such things so far as they are applicable to and in the United
Kingdom by virtue of Part 4 of the withdrawal agreement, and

(f) in Part 2 of Schedule 1 (general definitions in relation to the
EU)—

(i) 30in the definition of “EU customs duty”, the reference to
directly applicable EU provision were to such provision
so far as it is applicable to and in the United Kingdom by
virtue of Part 4 of the withdrawal agreement, and

(ii) in the definition of “Member” in the expression
35“member State”, after “EU” there were inserted “and for
the purposes of this expression the United Kingdom is
to be treated as if it were a member of the EU during the
implementation period (within the meaning given by
section 1A(6) of the European Union (Withdrawal) Act
402018)”.

(4) In this section “relevant territory” means the Isle of Man, any of the
Channel Islands or Gibraltar.

(5) Subsections (1) to (4) are repealed on IP completion day.

(6) In this Act—

  • 45“the implementation period” means the transition or
    implementation period provided for by Part 4 of the
    withdrawal agreement and beginning with exit day and ending
    on IP completion day;

  • “IP completion day” (and related expressions) have the same
    50meaning as in the European Union (Withdrawal Agreement)
    Act 2019 (see section 37(1) to (5) of that Act);

  • European Union (Withdrawal Agreement) BillPage 3

  • “withdrawal agreement” has the same meaning as in that Act (see
    section 37(1) and (6) of that Act).

(7) In this Act—

(a) references to the European Communities Act 1972 are to be
5read, so far as the context permits or requires, as being or (as the
case may be) including references to that Act as it continues to
have effect by virtue of subsections (2) to (4) above, and

(b) references to any Part of the withdrawal agreement or the EEA
EFTA separation agreement include references to any other
10provisions of that agreement so far as relating to that Part.”

2 Additional saving for implementation period

After section 1A of the European Union (Withdrawal) Act 2018 (saving for the
European Communities Act 1972 for the implementation period) (for which
see section 1 above) insert—

1B 15Saving for EU-derived domestic legislation for implementation period

(1) Subsections (2) to (5) have effect despite the repeal of the European
Communities Act 1972 on exit day by section 1.

(2) EU-derived domestic legislation, as it has effect in domestic law
immediately before exit day, continues to have effect in domestic law
20on and after exit day, subject as follows.

(3) Any enactment which continues to have effect by virtue of subsection
(2) is to be read, on and after exit day and so far as the context permits
or requires, as if—

(a) any reference to an expression which is to be read in accordance
25with Schedule 1 to the Interpretation Act 1978 and is an
expression defined by section 1 of, or Part 2 of Schedule 1 to, the
European Communities Act 1972 were a reference to that
expression as defined by that section or that Part of that
Schedule as it continues to have effect by virtue of section 1A(2)
30to (4) of this Act,

(b) any reference (however expressed and subject to paragraph (a)
above) to—

(i) EU law,

(ii) any particular EU Treaty or any part of it,

(iii) 35any EU instrument, or other document of an EU entity
or of the EU, or any part of any such instrument or
document,

(iv) any part of EU law not falling within sub-paragraph (ii)
or (iii),

(v) 40any tax, duty, levy or interests of the EU, or

(vi) any arrangement involving, or otherwise relating to, the
EU of a kind not falling within sub-paragraph (i), (ii),
(iii), (iv) or (v),

were a reference to any such thing so far as it is applicable to and
45in the United Kingdom by virtue of Part 4 of the withdrawal
agreement,

(c) any reference (however expressed and subject to paragraph (a)
above) to the European Communities Act 1972 were or (as the

European Union (Withdrawal Agreement) BillPage 4

case may be) included a reference to the Act of 1972 as it
continues to have effect by virtue of section 1A(2) to (4) of this
Act,

(d) any reference (however expressed) to the area of the EU or of
5the EEA included the United Kingdom,

(e) any reference (however expressed) to a citizen of the EU or a
national of the EEA included a United Kingdom national
(within the meaning given by Article 2(d) of the withdrawal
agreement), and

(f) 10such other modifications were made as—

(i) are provided for by regulations under section 8A or Part
1A of Schedule 2, or

(ii) so far as not so provided, are necessary for any purpose
of Part 4 of the withdrawal agreement and are capable of
15being ascertained from any such purpose or otherwise
from that Part of that agreement.

(4) Any EU-derived domestic legislation which is an enactment passed or
made on or after exit day and before IP completion day is, unless the
contrary intention appears, to be read in accordance with subsection (3)
20(and anything done or omitted to be done in connection with any such
enactment is to be understood, and has effect, accordingly).

(5) Subsections (2) to (4) are subject to any regulations made under section
8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under
the European Union (Withdrawal Agreement) Act 2019.

(6) 25Subsections (1) to (5) are repealed on IP completion day.

(7) In this Act “EU-derived domestic legislation” means any enactment so
far as—

(a) made under section 2(2) of, or paragraph 1A of Schedule 2 to,
the European Communities Act 1972,

(b) 30passed or made, or operating, for a purpose mentioned in
section 2(2)(a) or (b) of that Act,

(c) relating to—

(i) anything which falls within paragraph (a) or (b), or

(ii) any rights, powers, liabilities, obligations, restrictions,
35remedies or procedures which are recognised and
available in domestic law by virtue of section 2(1) of the
European Communities Act 1972, or

(d) relating otherwise to the EU or the EEA,

but does not include any enactment contained in the European
40Communities Act 1972 or any enactment contained in this Act or the
European Union (Withdrawal Agreement) Act 2019 or in regulations
made under this Act or the Act of 2019.”

Supplementary powers

3 Supplementary power in connection with implementation period

45After section 8 of the European Union (Withdrawal) Act 2018 (dealing with

European Union (Withdrawal Agreement) BillPage 5

deficiencies arising from withdrawal) insert—

8A Supplementary power in connection with implementation period

(1) A Minister of the Crown may by regulations—

(a) provide for other modifications for the purposes of section
51B(3)(f)(i) (whether applying in all cases or particular cases or
descriptions of case),

(b) provide for subsection (3) or (4) of section 1B not to apply to any
extent in particular cases or descriptions of case,

(c) make different provision in particular cases or descriptions of
10case to that made by subsection (3) or (4) of that section,

(d) modify any enactment contained in this Act in consequence of
any repeal made by section 1A(5) or 1B(6), or

(e) make such provision not falling within paragraph (a), (b), (c) or
(d) as the Minister considers appropriate for any purpose of, or
15otherwise in connection with, Part 4 of the withdrawal
agreement.

(2) The power to make regulations under subsection (1) may (among other
things) be exercised by modifying any provision made by or under an
enactment.

(3) 20In subsection (2) “enactment” does not include primary legislation
passed or made after IP completion day.

(4) No regulations may be made under subsection (1) after the end of the
period of two years beginning with IP completion day.”

4 Powers corresponding to section 3 involving devolved authorities

25After Part 1 of Schedule 2 to the European Union (Withdrawal) Act 2018
(corresponding powers involving devolved authorities: dealing with
deficiencies arising from withdrawal) insert—

“Part 1A
Part 1A Provision in connection with implementation period
30Supplementary power in connection with implementation period

11A (1) A devolved authority may by regulations—

(a) provide for other modifications for the purposes of section
1B(3)(f)(i) (whether applying in all cases or particular cases or
descriptions of case),

(b) 35provide for subsection (3) or (4) of section 1B not to apply to
any extent in particular cases or descriptions of case,

(c) make different provision in particular cases or descriptions of
case to that made by subsection (3) or (4) of that section, or

(d) make such provision not falling within paragraph (a), (b) or
40(c) as the devolved authority considers appropriate for any
purpose of, or otherwise in connection with, Part 4 of the
withdrawal agreement.

European Union (Withdrawal Agreement) BillPage 6

(2) A Minister of the Crown acting jointly with a devolved authority
may by regulations—

(a) provide for other modifications for the purposes of section
1B(3)(f)(i) (whether applying in all cases or particular cases or
5descriptions of case),

(b) provide for subsection (3) or (4) of section 1B not to apply to
any extent in particular cases or descriptions of case,

(c) make different provision in particular cases or descriptions of
case to that made by subsection (3) or (4) of that section, or

(d) 10make such provision not falling within paragraph (a), (b) or
(c) as they consider appropriate for any purpose of, or
otherwise in connection with, Part 4 of the withdrawal
agreement.

(3) The power to make regulations under this Part may (among other
15things) be exercised by modifying any provision made by or under
an enactment.

(4) In sub-paragraph (3) “enactment” does not include primary
legislation passed or made after IP completion day.

(5) No regulations may be made under this Part after the end of the
20period of two years beginning with IP completion day.

(6) Regulations under sub-paragraph (1) are also subject to paragraphs
11B and 11C.

No power to make provision outside devolved competence

11B (1) No provision may be made by a devolved authority acting alone in
25regulations under this Part unless the provision is within the
devolved competence of the devolved authority.

(2) See paragraphs 11D to 11F for the meaning of “devolved
competence” for the purposes of this Part.

Certain requirements for consent, joint exercise or consultation

11C 30Paragraphs 5 to 7 apply for the purposes of this Part as they apply for
the purposes of Part 1.

Meaning of devolved competence: Part 1A

11D A provision is within the devolved competence of the Scottish
Ministers for the purposes of this Part if—

(a) 35it would be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament
(ignoring, in the case of regulations made under this Part
before exit day, section 29(2)(d) of the Scotland Act 1998 so far
as relating to EU law), or

(b) 40it is provision which could be made in other subordinate
legislation by the Scottish Ministers, the First Minister or the
Lord Advocate acting alone (ignoring, in the case of
regulations made under this Part before exit day, section
57(2) of the Scotland Act 1998 so far as relating to EU law).

European Union (Withdrawal Agreement) BillPage 7

11E A provision is within the devolved competence of the Welsh
Ministers for the purposes of this Part if—

(a) it would be within the legislative competence of the National
Assembly for Wales if it were contained in an Act of the
5Assembly (ignoring, in the case of regulations made under
this Part before exit day, section 108A(2)(e) of the
Government of Wales Act 2006 so far as relating to EU law
but including any provision that could be made only with the
consent of a Minister of the Crown), or

(b) 10it is provision which could be made in other subordinate
legislation by the Welsh Ministers acting alone (ignoring, in
the case of regulations made under this Part before exit day,
section 80(8) of the Government of Wales Act 2006 so far as
relating to EU law).

11F 15A provision is within the devolved competence of a Northern Ireland
department for the purposes of this Part if—

(a) the provision, if it were contained in an Act of the Northern
Ireland Assembly—

(i) would be within the legislative competence of the
20Assembly (ignoring, in the case of regulations made
under this Part before exit day, section 6(2)(d) of the
Northern Ireland Act 1998 so far as relating to EU
law), and

(ii) would not require the consent of the Secretary of
25State,

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

(ii) would, if it were contained in an Act of the Northern
Ireland Assembly, be within the legislative
30competence of the Assembly (ignoring, in the case of
regulations made under this Part before exit day,
section 6(2)(d) of the Northern Ireland Act 1998 so far
as relating to EU law) and require the consent of the
Secretary of State, or

(c) 35the provision is provision which could be made in other
subordinate legislation by any Northern Ireland devolved
authority acting alone (ignoring, in the case of regulations
made under this Part before exit day, section 24(1)(b) of the
Northern Ireland Act 1998).”

40Part 2 Remaining implementation of withdrawal agreement etc: general

Withdrawal agreement

5 General implementation of remainder of withdrawal agreement

After section 7 of the European Union (Withdrawal) Act 2018 (status of

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retained EU law) insert—

“Further aspects of withdrawal
7A General implementation of remainder of withdrawal agreement

(1) Subsection (2) applies to—

(a) 5all such rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the withdrawal
agreement, and

(b) all such remedies and procedures from time to time provided
for by or under the withdrawal agreement,

10as in accordance with the withdrawal agreement are without further
enactment to be given legal effect or used in the United Kingdom.

(2) The rights, powers, liabilities, obligations, restrictions, remedies and
procedures concerned are to be—

(a) recognised and available in domestic law, and

(b) 15enforced, allowed and followed accordingly.

(3) Every enactment (including an enactment contained in this Act) is to be
read and has effect subject to subsection (2).

(4) This section does not apply in relation to Part 4 of the withdrawal
agreement (for which see sections 1A, 1B and 8A and Part 1A of
20Schedule 2).

(5) See also (among other things)—

(a) Part 3 of the European Union (Withdrawal Agreement) Act
2019 (further provision about citizens’ rights),

(b) section 20 of that Act (financial provision),

(c) 25section 7C of this Act (interpretation of law relating to
withdrawal agreement etc.),

(d) section 8B of this Act (power in connection with certain other
separation issues),

(e) section 8C of this Act (power in connection with the Protocol on
30Ireland/Northern Ireland in withdrawal agreement), and

(f) Parts 1B and 1C of Schedule 2 to this Act (powers involving
devolved authorities in connection with certain other
separation issues and the Ireland/Northern Ireland Protocol).”

Related EEA EFTA and Swiss agreements

6 35General implementation of related EEA EFTA and Swiss agreements

After section 7A of the European Union (Withdrawal) Act 2018 (general
implementation of remainder of withdrawal agreement) (for which see section
5 above) insert—

7B General implementation of EEA EFTA and Swiss agreements

(1) 40Subsection (2) applies to all such rights, powers, liabilities, obligations,
restrictions, remedies and procedures as—

(a) would from time to time be created or arise, or (in the case of
remedies or procedures) be provided for, by or under the EEA

European Union (Withdrawal Agreement) BillPage 9

EFTA separation agreement or the Swiss citizens’ rights
agreement, and

(b) would, in accordance with Article 4(1) of the withdrawal
agreement, be required to be given legal effect or used in the
5United Kingdom without further enactment,

if that Article were to apply in relation to the EEA EFTA separation
agreement and the Swiss citizens’ rights agreement, those agreements
were part of EU law and the relevant EEA states and Switzerland were
member States.

(2) 10The rights, powers, liabilities, obligations, restrictions, remedies and
procedures concerned are to be—

(a) recognised and available in domestic law, and

(b) enforced, allowed and followed accordingly.

(3) Every enactment (other than section 7A but otherwise including an
15enactment contained in this Act) is to be read and has effect subject to
subsection (2).

(4) See also (among other things)—

(a) Part 3 of the European Union (Withdrawal Agreement) Act
2019 (further provision about citizens’ rights),

(b) 20section 7C of this Act (interpretation of law relating to the EEA
EFTA separation agreement and the Swiss citizens’ rights
agreement etc.),

(c) section 8B of this Act (power in connection with certain other
separation issues), and

(d) 25Part 1B of Schedule 2 to this Act (powers involving devolved
authorities in connection with certain other separation issues).

(5) In this section “the relevant EEA states” means Norway, Iceland and
Liechtenstein.

(6) In this Act “EEA EFTA separation agreement” and “Swiss citizens’
30rights agreement” have the same meanings as in the European Union
(Withdrawal Agreement) Act 2019 (see section 37(1) of that Act).”

Part 3 Citizens' rights

Rights in relation to entry and residence

7 35Rights related to residence: application deadline and temporary protection

(1) A Minister of the Crown may by regulations make such provision as the
Minister considers appropriate for any of the following purposes—

(a) specifying the deadline that applies for the purposes of—

(i) the first sub-paragraph of Article 18(1)(b) of the withdrawal
40agreement (deadline for the submission of applications for the
new residence status described in Article 18(1));

(ii) the first sub-paragraph of Article 17(1)(b) of the EEA EFTA
separation agreement (deadline for the submission of