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

European Union (Withdrawal Agreement) BillPage 40

(2) Any provision of this Act which amends or repeals an enactment has the same
extent as the enactment amended or repealed.

(3) Accordingly, section 1 (but not section 2) also extends to the Isle of Man, the
Channel Islands and Gibraltar.

(4) 5The power in section 36 of the Immigration Act 1971 or (as the case may be)
section 60(4) of the UK Borders Act 2007 may be exercised so as to extend (with
or without modifications) to the Isle of Man or any of the Channel Islands the
modifications made to that Act by section 10 above.

(5) Paragraphs 1 to 3 of Schedule 6 extend to Gibraltar in their application to any
10regulations that extend there by virtue of section 24(3) of the European Union
(Withdrawal) Act 2018.

(6) The following provisions—

(a) sections 3 and 4,

(b) sections 11, 16 and 17,

(c) 15sections 20 and 29 to 33,

(d) sections 35 to 38 (including Schedule 5),

(e) section 39(1) to (3) and (5),

(f) the following provisions of Schedule 6—

(i) paragraphs 1(3) to (9), 2 and 3,

(ii) 20paragraph 4(2) to (8),

(iii) paragraph 5,

(iv) paragraphs 6 and 8(a) and (b),

(v) paragraphs 9 and 13(a) and (b),

(vi) paragraphs 18, 21, 23, 25, 28 and 32,

(vii) 25paragraphs 33, 36(a) and (b) and 37(b) and (c),

(viii) paragraphs 38 and 45(1), (2)(a), (d) and (e) and (3),

(ix) paragraphs 52 and 57(7)(b) for the purposes of making
regulations under section 8A of, or Part 1A of Schedule 2 to, the
European Union (Withdrawal) Act 2018,

(x) 30paragraph 54(1) to (4) and (6),

(xi) paragraph 57(1) and (6)(a) and (b), and

(xii) paragraphs 66 to 68,

(and section 39(4) and (6) so far as relating to any provision so far as it
falls within any of sub-paragraphs (i) to (xii)), and

(g) 35this section,

come into force on the day on which this Act is passed.

(7) The provisions of this Act, so far as they are not brought into force by
subsection (6), come into force on such day as a Minister of the Crown may by
regulations appoint; and different days may be appointed for different
40purposes.

(8) This Act may be cited as the European Union (Withdrawal Agreement) Act
2019.

European Union (Withdrawal Agreement) BillPage 41

SCHEDULES

Sections 12, 13 and 14

SCHEDULE 1 Powers of devolved authorities under sections 12, 13 and 14

No power to make provision outside devolved competence

1 5No provision may be made by a devolved authority acting alone in
regulations under section 12, 13 or 14 unless the provision is within the
devolved competence of the devolved authority.

2 A provision is within the devolved competence of the Scottish Ministers for
the purposes of this Schedule if—

(a) 10it would be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament (ignoring
section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law
and retained EU law), or

(b) it is provision which could be made in other subordinate legislation
15by the Scottish Ministers, the First Minister or the Lord Advocate
acting alone (ignoring section 57(2) of the Scotland Act 1998 so far as
relating to EU law and section 57(4) of that Act).

3 A provision is within the devolved competence of the Welsh Ministers for
the purposes of this Schedule if—

(a) 20it would be within the legislative competence of the National
Assembly for Wales if it were contained in an Act of the Assembly
(ignoring section 108A(2)(e) of the Government of Wales Act 2006 so
far as relating to EU law and retained EU law but including any
provision that could be made only with the consent of a Minister of
25the Crown), or

(b) it is provision which could be made in other subordinate legislation
by the Welsh Ministers acting alone (ignoring section 80(8) of the
Government of Wales Act 2006).

4 A provision is within the devolved competence of a Northern Ireland
30department for the purposes of this Schedule 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 Assembly
(ignoring section 6(2)(d) of the Northern Ireland Act 1998),
35and

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

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

(ii) would, if it were contained in an Act of the Northern Ireland
40Assembly, be within the legislative competence of the

European Union (Withdrawal Agreement) BillPage 42

Assembly (ignoring section 6(2)(d) of the Northern Ireland
Act 1998) and require the consent of the Secretary of State, or

(c) the provision is provision which could be made in other subordinate
legislation by any Northern Ireland devolved authority acting alone
5(ignoring section 24(1)(b) and (3) of the Northern Ireland Act 1998).

Requirement for consent where it would otherwise be required

5 (1) The consent of a Minister of the Crown is required before any provision is
made by the Welsh Ministers acting alone in regulations under section 12, 13
or 14 so far as that provision, if contained in an Act of the National Assembly
10for Wales, would require the consent of a Minister of the Crown.

(2) The consent of the Secretary of State is required before any provision is made
by a Northern Ireland department acting alone in regulations under section
12, 13 or 14 so far as that provision, if contained in an Act of the Northern
Ireland Assembly, would require the consent of the Secretary of State.

(3) 15Sub-paragraph (1) or (2) does not apply if—

(a) the provision could be contained in subordinate legislation made
otherwise than under this Act by the Welsh Ministers acting alone or
(as the case may be) a Northern Ireland devolved authority acting
alone, and

(b) 20no such consent would be required in that case.

(4) The consent of a Minister of the Crown is required before any provision is
made by a devolved authority acting alone in regulations under section 12,
13 or 14 so far as that provision, if contained in—

(a) subordinate legislation made otherwise than under this Act by the
25devolved authority, or

(b) subordinate legislation not falling within paragraph (a) and made
otherwise than under this Act by—

(i) in the case of Scotland, the First Minister or Lord Advocate
acting alone, or

(ii) 30in the case of Northern Ireland, a Northern Ireland devolved
authority acting alone,

would require the consent of a Minister of the Crown.

(5) Sub-paragraph (4) does not apply if—

(a) the provision could be contained in—

(i) 35an Act of the Scottish Parliament, an Act of the National
Assembly for Wales or (as the case may be) an Act of the
Northern Ireland Assembly, or

(ii) different subordinate legislation of the kind mentioned in
sub-paragraph (4)(a) or (b) and of a devolved authority
40acting alone or (as the case may be) another person acting
alone, and

(b) no such consent would be required in that case.

Requirement for joint exercise where it would otherwise be required

6 (1) No regulations may be made under section 12, 13 or 14 by the Scottish
45Ministers, so far as they contain provision which relates to a matter in

European Union (Withdrawal Agreement) BillPage 43

respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by—

(a) the Scottish Ministers acting jointly with a Minister of the Crown, or

(b) the First Minister or Lord Advocate acting jointly with a Minister of
5the Crown,

unless the regulations are, to that extent, made jointly with the Minister of
the Crown.

(2) No regulations may be made under section 12, 13 or 14 by the Welsh
Ministers, so far as they contain provision which relates to a matter in
10respect of which a power to make subordinate legislation otherwise than
under this Act is exercisable by the Welsh Ministers acting jointly with a
Minister of the Crown, unless the regulations are, to that extent, made jointly
with the Minister of the Crown.

(3) No regulations may be made under section 12, 13 or 14 by a Northern
15Ireland department, so far as they contain provision which relates to a
matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by—

(a) a Northern Ireland department acting jointly with a Minister of the
Crown, or

(b) 20another Northern Ireland devolved authority acting jointly with a
Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of
the Crown.

(4) Sub-paragraph (1), (2) or (3) does not apply if the provision could be
25contained in—

(a) an Act of the Scottish Parliament, an Act of the National Assembly
for Wales or (as the case may be) an Act of the Northern Ireland
Assembly without the need for the consent of a Minister of the
Crown, or

(b) 30different subordinate legislation made otherwise than under this Act
by—

(i) the Scottish Ministers, the First Minister or the Lord
Advocate acting alone,

(ii) the Welsh Ministers acting alone, or

(iii) 35(as the case may be), a Northern Ireland devolved authority
acting alone.

Requirement for consultation where it would otherwise be required

7 (1) No regulations may be made under section 12, 13 or 14 by the Welsh
Ministers acting alone, so far as they contain provision which, if contained
40in an Act of the National Assembly for Wales, would require consultation
with a Minister of the Crown, unless the regulations are, to that extent, made
after consulting with the Minister of the Crown.

(2) No regulations may be made under section 12, 13 or 14 by the Scottish
Ministers acting alone, so far as they contain provision which relates to a
45matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by the Scottish Ministers, the
First Minister or the Lord Advocate after consulting with a Minister of the
Crown, unless the regulations are, to that extent, made after consulting with
the Minister of the Crown.

European Union (Withdrawal Agreement) BillPage 44

(3) No regulations may be made under section 12, 13 or 14 by the Welsh
Ministers acting alone, so far as they contain provision which relates to a
matter in respect of which a power to make subordinate legislation
otherwise than under this Act is exercisable by the Welsh Ministers after
5consulting with a Minister of the Crown, unless the regulations are, to that
extent, made after consulting with the Minister of the Crown.

(4) No regulations may be made under section 12, 13 or 14 by a Northern
Ireland department acting alone, so far as they contain provision which
relates to a matter in respect of which a power to make subordinate
10legislation otherwise than under this Act is exercisable by a Northern
Ireland department after consulting with a Minister of the Crown, unless the
regulations are, to that extent, made after consulting with the Minister of the
Crown.

(5) Sub-paragraph (2), (3) or (4) does not apply if—

(a) 15the provision could be contained in an Act of the Scottish Parliament,
an Act of the National Assembly for Wales or (as the case may be) an
Act of the Northern Ireland Assembly, and

(b) there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that case.

(6) 20Sub-paragraph (2), (3) or (4) does not apply if—

(a) the provision could be contained in different subordinate legislation
made otherwise than under this Act by—

(i) the Scottish Ministers, the First Minister or the Lord
Advocate acting alone,

(ii) 25the Welsh Ministers acting alone, or

(iii) (as the case may be), a Northern Ireland devolved authority
acting alone, and

(b) there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that case.

30Interpretation

8 In this Schedule “Northern Ireland devolved authority” means—

(a) the First Minister and deputy First Minister in Northern Ireland
acting jointly,

(b) a Northern Ireland Minister, or

(c) 35a Northern Ireland department.

Section 15

SCHEDULE 2 Independent Monitoring Authority for the Citizens’ Rights Agreements

Part 1 Constitution, proceedings etc.

40Status

1 (1) The IMA is not to be regarded—

European Union (Withdrawal Agreement) BillPage 45

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The IMA’s property is not to be regarded—

(a) as the property of the Crown, or

(b) 5as property held on behalf of the Crown.

Membership

2 (1) The IMA is to consist of the following members—

(a) a chair (who is to be a non-executive member),

(b) at least 2 but not more than 6 other non-executive members,

(c) 10the chief executive (who is to be an executive member), and

(d) at least 1 but not more than 3 other executive members.

(2) The Secretary of State is to appoint the non-executive members.

(3) The non-executive members are to appoint the executive members (subject
to paragraph 3).

(4) 15The non-executive members may make appointments under sub-paragraph
(3) only if the chair and at least 2 other non-executive members have been
appointed.

(5) The non-executive members must consult the Secretary of State before
appointing the chief executive.

(6) 20The Secretary of State and the non-executive members must, so far as
possible, ensure that the number of non-executive members exceeds the
number of executive members.

(7) A person may not hold office as a member of the IMA if the person is a civil
servant.

(8) 25The executive members are employees of the IMA.

(9) In sub-paragraphs (3) to (6), the references to the non-executive members are
to all the non-executive members for the time being.

Interim chief executive

3 (1) The Secretary of State may appoint a person to be the IMA’s chief executive
30until the appointment of a chief executive by the non-executive members
under paragraph 2(3) first takes effect.

(2) A chief executive appointed by the Secretary of State may incur expenditure
and do other things in the name and on behalf of the IMA until the
membership of the IMA is first constituted in accordance with paragraph
352(1).

(3) In exercising the power in sub-paragraph (2), a chief executive appointed by
the Secretary of State must act in accordance with any directions given by the
Secretary of State.

Requirements relating to appointment

4 (1) 40In making appointments, the Secretary of State and the non-executive
members must have regard to the desirability of the IMA’s members

European Union (Withdrawal Agreement) BillPage 46

(between them) having knowledge of conditions in the United Kingdom
relating to matters in relation to which provision is made in Part 2 of the
withdrawal agreement and Part 2 of the EEA EFTA separation agreement
(“the relevant matters”).

(2) 5The Secretary of State must, so far as possible, ensure that the non-executive
members of the IMA include—

(a) a member who knows about conditions in Scotland relating to the
relevant matters,

(b) a member who knows about conditions in Wales relating to the
10relevant matters, and

(c) a member who knows about conditions in Northern Ireland relating
to the relevant matters.

(3) If the IMA has functions in relation to Gibraltar by virtue of paragraph 33,
the Secretary of State must, so far as possible, ensure that the non-executive
15members of the IMA include a member who knows about conditions in
Gibraltar relating to the relevant matters.

(4) Before appointing a person, the Secretary of State or the non-executive
members (as the case may be) must be satisfied that the person does not have
a conflict of interest.

(5) 20In sub-paragraph (4), “conflict of interest”, in relation to a person, means a
financial or other interest which is likely to affect prejudicially the discharge
by the person of the person’s functions as a member of the IMA.

Procedure for appointing members with knowledge of conditions in devolved areas etc.

5 (1) This paragraph applies in relation to the appointment of non-executive
25members for the purposes of paragraph 4(2) and (3).

(2) Before making an appointment, the Secretary of State must tell the relevant
authority who the Secretary of State proposes to appoint and why.

(3) If the relevant authority approves the proposed appointment within the
period of one month beginning with the day on which the Secretary of State
30complies with sub-paragraph (2), the Secretary of State must appoint that
person (subject to sub-paragraph (4)).

(4) If that person is no longer available or the Secretary of State and the relevant
authority agree, after the relevant authority has given its approval as
mentioned in sub-paragraph (3), that it is no longer appropriate to appoint
35that person—

(a) the Secretary of State must propose to appoint a different person, and

(b) sub-paragraphs (2) and (3) apply again.

(5) If the relevant authority does not approve the proposed appointment as
mentioned in sub-paragraph (3), the Secretary of State may—

(a) 40make the proposed appointment without the approval of the
relevant authority, or

(b) propose to appoint a different person.

(6) If the Secretary of State proposes to appoint a different person, sub-
paragraphs (2) to (5) apply again.

European Union (Withdrawal Agreement) BillPage 47

(7) If the Secretary of State makes a proposed appointment without the
approval of the relevant authority as mentioned in sub-paragraph (3), the
Secretary of State must publish a statement explaining why the Secretary of
State has proceeded with the appointment.

(8) 5In this paragraph, the “relevant authority” means—

(a) in relation to an appointment for the purposes of paragraph 4(2)(a),
the Scottish Ministers,

(b) in relation to an appointment for the purposes of paragraph 4(2)(b),
the Welsh Ministers,

(c) 10in relation to an appointment for the purposes of paragraph 4(2)(c),
the Executive Office in Northern Ireland, and

(d) in relation to an appointment for the purposes of paragraph 4(3), the
Gibraltar Ministers.

Non-executive members: terms of appointment and tenure etc.

6 (1) 15A person holds and vacates office as a non-executive member of the IMA in
accordance with the terms and conditions of the person’s appointment.

(2) The terms and conditions of a person’s appointment as a non-executive
member of the IMA are to be determined by the Secretary of State, subject to
the following provisions of this Schedule.

(3) 20The chair is to be appointed for a period of up to 5 years.

(4) Any other non-executive member of the IMA is to be appointed for a period
of up to 4 years.

(5) A non-executive member may resign by giving notice in writing to the
Secretary of State.

(6) 25The Secretary of State may by notice in writing remove a person from office
as a non-executive member of the IMA on any of the grounds mentioned in
sub-paragraph (7), but must consult the other non-executive members
before doing so.

(7) The grounds are—

(a) 30that the person has been absent from the IMA’s meetings for a
continuous period of more than 6 months without the IMA’s
permission;

(b) that, in the opinion of the Secretary of State, the person has a conflict
of interest (within the meaning of paragraph 4(5)) which prevents the
35person carrying out the functions of the office;

(c) that the person has been convicted of a criminal offence;

(d) that, in the opinion of the Secretary of State, the person is unable,
unwilling or unfit to carry out the functions of the office;

(e) any other grounds specified in the person’s terms of appointment.

40Remuneration of non-executive members

7 (1) The IMA must pay its non-executive members such remuneration as the
Secretary of State may determine.

European Union (Withdrawal Agreement) BillPage 48

(2) The IMA must pay, or make provision for paying, to or in respect of any
person who is or has been a non-executive member such sums as the
Secretary of State may determine in respect of allowances and gratuities.

(3) Sub-paragraph (4) applies where—

(a) 5a person ceases to hold office as a non-executive member other than
by reason of their term of office expiring, and

(b) the Secretary of State thinks there are special circumstances that
make it right for the person to receive compensation.

(4) The IMA must make a payment to the person of such amount as the
10Secretary of State may determine.

Staffing of the IMA

8 (1) The IMA may—

(a) appoint employees (in addition to the executive members), and

(b) make such other arrangements for the staffing of the IMA as it
15considers appropriate.

(2) The terms and conditions of appointment as an employee are to be
determined—

(a) in the case of employees other than a chief executive appointed by
the Secretary of State, by the IMA with the approval of the Secretary
20of State, or

(b) in the case of a chief executive appointed by the Secretary of State, by
the Secretary of State.

(3) The IMA must pay its employees such remuneration—

(a) in the case of employees other than a chief executive appointed by
25the Secretary of State, as the IMA may determine with the approval
of the Secretary of State, or

(b) in the case of a chief executive appointed by the Secretary of State, as
the Secretary of State may determine.

(4) The IMA must pay, or make provision for paying, to or in respect of a person
30who is or has been an employee of the IMA, such sums in respect of
pensions, allowances and gratuities—

(a) in the case of employees other than a chief executive appointed by
the Secretary of State, as the IMA may determine with the approval
of the Secretary of State, or

(b) 35in the case of a chief executive appointed by the Secretary of State, as
the Secretary of State may determine.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of
employment to which a scheme under section 1 of the 1972 Act can apply),
in the list of “Other Bodies”, at the appropriate place insert—

(None) 40“The Independent Monitoring Authority for the Citizens’
Rights Agreements.”

(6) The IMA must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
any increase in the sums payable out of money provided by Parliament
45which is attributable to the provision of pensions by virtue of section 1 of the
1972 Act or section 1 of the Public Service Pensions Act 2013 in respect of
employees of the IMA.

European Union (Withdrawal Agreement) BillPage 49

(7) In relation to executive members of the IMA, references in sub-paragraphs
(2) to (4) to the IMA determining something with the approval of the
Secretary of State are to be read as references to the non-executive members
determining that thing with the approval of the Secretary of State.

5Procedure

9 (1) The IMA may regulate its own procedure, subject to the following.

(2) The IMA must establish and maintain a register of members’ interests.

(3) The IMA must publish entries recorded in the register.

(4) A meeting of the IMA is not quorate unless—

(a) 10at least half the members appointed for the time being are present,
and

(b) a majority of the members present are non-executive members.

(5) The IMA’s procedures must include arrangements for dealing with conflicts
of interests (within the meaning of paragraph 4(5)) of members.

(6) 15The arrangements must oblige each member—

(a) to declare all financial interests,

(b) to declare any other personal interest relevant to the exercise of a
function, and

(c) to withdraw from the exercise of any function to which an interest of
20a sort mentioned in paragraph (a) or (b) is relevant, unless the IMA
is satisfied that the interest will not influence the exercise of the
function.

(7) The validity of any proceedings of the IMA, or of its committees or sub-
committees, is not affected by a vacancy or a defective appointment.

25Discharge of functions

10 (1) The IMA may authorise a committee, member or employee of the IMA to do
anything the IMA may do apart from—

(a) deciding whether to carry out an inquiry, as mentioned in paragraph
25,

(b) 30deciding whether to make an application for review, or intervene in
legal proceedings, as mentioned in paragraph 30, or

(c) approving an annual report to be provided as mentioned in
paragraph 31.

(2) A committee of the IMA may authorise the following to do anything which
35the committee may do under sub-paragraph (1)

(a) a sub-committee,

(b) a member of the committee,

(c) a member of the IMA, or

(d) an employee of the IMA.

(3) 40Committees and sub-committees may include employees of the IMA who
are not members of it.