European Union (Withdrawal Agreement) Bill (HC Bill 7)
SCHEDULE 3 continued
European Union (Withdrawal Agreement) BillPage 60
(3)
A report under subsection (2) may require the Secretary of State or
the Executive Office in Northern Ireland to reply in writing to any
recommendations contained in the report, explaining what steps
have been taken or are planned in response to the recommendations.
(4) 5On receiving a report under subsection (2)—
(a)
the Secretary of State must lay a copy of it before Parliament,
and
(b)
the Executive Office in Northern Ireland must lay a copy of it
before the Assembly.
(5)
10The Commission must advise the Secretary of State and the
Executive Committee of the Assembly of legislative and other
measures which ought to be taken to implement Article 2(1)—
(a)
as soon as reasonably practicable after receipt of a general or
specific request for advice, and
(b)
15on such other occasions as the Commission thinks
appropriate.
(6)
The Commission must advise the Assembly (or a committee of the
Assembly) whether a Bill is compatible with Article 2(1)—
(a)
as soon as reasonably practicable after receipt of a request for
20advice, and
(b)
on such other occasions as the Commission thinks
appropriate.
(7)
The Commission must promote understanding and awareness of the
importance of Article 2(1); and for this purpose it may undertake,
25commission or provide financial or other assistance for—
(a) research, and
(b) educational activities.
(8)
The Commission may decide to publish its advice and the outcome
of its research.
(9)
30The Commission may, for the purposes of Article 14(c) of the
Protocol, bring any appropriate matters to the attention of the
Specialised Committee referred to in that Article.
78B ECNI functions in relation to EU withdrawal agreement
(1)
The Equality Commission for Northern Ireland must monitor the
35implementation of Article 2(1) of the Protocol on Ireland/Northern
Ireland in the EU withdrawal agreement.
(2)
The Commission must report to the Secretary of State and the
Executive Office in Northern Ireland on the implementation of
Article 2(1)—
(a)
40as soon as reasonably practicable after receipt of a general or
specific request for such a report, and
(b)
on such other occasions as the Commission thinks
appropriate.
(3)
A report under subsection (2) may require the Secretary of State or
45the Executive Office in Northern Ireland to reply in writing to any
recommendations contained in the report, explaining what steps
have been taken or are planned in response to the recommendations.
European Union (Withdrawal Agreement) BillPage 61
(4) On receiving a report under subsection (2)—
(a)
the Secretary of State must lay a copy of it before Parliament,
and
(b)
the Executive Office in Northern Ireland must lay a copy of it
5before the Assembly.
(5)
The Commission must advise the Secretary of State and the
Executive Committee of the Assembly of legislative and other
measures which ought to be taken to implement Article 2(1)—
(a)
as soon as reasonably practicable after receipt of a general or
10specific request for advice, and
(b)
on such other occasions as the Commission thinks
appropriate.
(6)
The Commission must advise the Assembly (or a Committee of the
Assembly) whether a Bill is compatible with Article 2(1)—
(a)
15as soon as reasonably practicable after receipt of a request for
advice, and
(b)
on such other occasions as the Commission thinks
appropriate.
(7)
The Commission must promote understanding and awareness of the
20importance of Article 2(1); and for this purpose it may undertake,
commission or provide financial or other assistance for—
(a) research, and
(b) educational activities.
(8)
The Commission may decide to publish its advice and the outcome
25of its research.
(9)
The Commission may, for the purposes of Article 14(c) of the
Protocol, bring any appropriate matters to the attention of the
Specialised Committee referred to in that Article.
78C Power of Commissions to bring, or intervene in, legal proceedings
(1)
30The Northern Ireland Human Rights Commission or Equality
Commission for Northern Ireland may—
(a)
bring judicial review proceedings in respect of an alleged
breach (or potential future breach) of Article 2(1) of the
Protocol on Ireland/Northern Ireland in the EU withdrawal
35agreement;
(b)
intervene in legal proceedings, whether for judicial review or
otherwise, in so far as they relate to an alleged breach (or
potential future breach) of Article 2(1).
(2) Subsection (1)(a) does not create a cause of action.
78D 40Power of Commissions to assist persons in legal proceedings
(1)
This section applies to proceedings or proposed proceedings by a
person in respect of an alleged breach (or potential future breach) of
Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU
withdrawal agreement.
(2)
45Where the person applies to the Northern Ireland Human Rights
Commission, or the Equality Commission for Northern Ireland, for
European Union (Withdrawal Agreement) BillPage 62
assistance in relation to the proceedings, the Commission may grant
the application, so far as it relates to the alleged breach (or potential
future breach) of Article 2(1), on any of the following grounds—
(a) that the case raises a question of principle;
(b)
5that it would be unreasonable to expect the person to deal
with the case without assistance because of its complexity, or
because of the person’s position in relation to another person
involved, or for some other reason;
(c)
that there are other special circumstances which make it
10appropriate for the Commission to provide assistance.
(3)
Where an application under subsection (2) is granted, the
Commission in question may—
(a) provide, or arrange for the provision of, legal advice;
(b) arrange for the provision of legal representation;
(c) 15provide any other assistance which it thinks appropriate.
(4)
Arrangements made under this section for the provision of
assistance to a person may include provision for recovery of
expenses from the person in certain circumstances.
78E Collaborative working
20The Northern Ireland Human Rights Commission and the Equality
Commission for Northern Ireland may arrange for any of their
functions under sections 78A to 78D to be carried out by one of them
acting on behalf of the other (or by them acting jointly).”
8
In Schedule 3 (reserved matters), in paragraph 42, after paragraph (b),
25insert—
“(ba) in Part VII, sections 78A to 78E;”.
Section 34
SCHEDULE 4 Protection for workers’ rights
The Schedule 5A to be inserted after Schedule 5 to the European Union
30(Withdrawal) Act 2018 is as follows:
““SCHEDULE 5A
PROTECTION FOR WORKERS’ RIGHTS
Part 1 Workers’ retained EU rights
1 Acts of Parliament: statements of non-regression
(1)
A Minister of the Crown in charge of a relevant Bill in either House
35of Parliament must, before Second Reading of the Bill—
(a)
make a statement to the effect that in the Minister’s view
the provisions of the Bill will not result in the law of the
European Union (Withdrawal Agreement) BillPage 63
relevant part or parts of the United Kingdom failing to
confer any workers’ retained EU right (a “statement of
non-regression”), or
(b)
make a statement to the effect that although the Minister is
5unable to make a statement of non-regression Her
Majesty’s Government nevertheless wishes the House to
proceed with the Bill.
(2)
The statement must be in writing and be published in such
manner as the Minister making it considers appropriate.
(3)
10Before making a statement under sub-paragraph (1)(a) or (b) in
relation to a Bill, a Minister of the Crown must consult—
(a) persons representative of workers,
(b) persons representative of employers, and
(c)
any other persons whom the Minister considers it
15appropriate to consult.
(4)
But that duty does not apply to a statement made in relation to a
Bill if—
(a)
it is not practicable for the consultation to take place in
relation to the statement by reason of urgency, or
(b)
20the statement is being made before Second Reading of the
Bill in the second House of Parliament and the Bill was not
amended in the first House of Parliament.
(5) In this paragraph—
-
“first House of Parliament”, in relation to a Bill, means the
25House of Parliament in which the Bill is first introduced; -
“relevant Bill” means a Bill which contains provision that—
(a)extends to England and Wales or Scotland (or both),
and(b)relates to any of the workers’ retained EU rights;
-
30“relevant part of the United Kingdom”, in relation to a Bill,
means—(a)England and Wales, if the Bill extends there;
(b)Scotland, if the Bill extends there;
-
“second House of Parliament”, in relation to a Bill, means the
35House of Parliament to which the Bill moves after
completing its passage through the first House of
Parliament.
Part 2 New EU workers’ rights
2 40Reports on new EU workers’ rights
(1)
As soon as practicable after the end of each reporting period, the
Secretary of State must—
(a)
produce a report under sub-paragraph (2) or (3) relating to
that period (“the relevant reporting period”),
(b)
45publish the report in such manner as the Secretary of State
considers appropriate, and
European Union (Withdrawal Agreement) BillPage 64
(c) lay copies of the report before Parliament.
(2)
A report under this sub-paragraph is one that contains a statement
that no new EU workers’ rights have been published by the EU
during the relevant reporting period.
(3) 5A report under this sub-paragraph is one that contains—
(a)
a statement that one or more new EU workers’ rights have
been published by the EU during the relevant reporting
period, and
(b)
as respects each new EU workers’ right published during
10that period, either—
(i)
a statement to the effect that in the Secretary of
State’s view the law of England and Wales and
Scotland confers a workers’ right of the same kind
as the new EU workers’ right (a “statement of non-
15divergence”), or
(ii)
a statement to the effect that the Secretary of State
is unable to make a statement of non-divergence.
(4)
If a report under sub-paragraph (3) contains a statement under
sub-paragraph (3)(b)(ii) as respects a new EU workers’ right, the
20report must also contain—
(a)
a statement of whether or not Her Majesty’s Government
intends to take any action in respect of the new EU
workers’ right, and
(b)
if it does, a statement describing the action which it is
25intending to take.
(5)
In relation to each report under sub-paragraph (3), a Minister of
the Crown must make arrangements for—
(a)
a motion, to the effect that the House of Commons has
approved the report, to be moved in that House by a
30Minister of the Crown within the period of 28 Commons
sitting days beginning with the day on which a copy of the
report is laid before that House, and
(b)
a motion for the House of Lords to approve the report to be
moved in that House by a Minister of the Crown within the
35period of 28 Lords sitting days beginning with the day on
which a copy of the report is laid before that House.
(6)
When producing a report under sub-paragraph (3), the Secretary
of State must consult—
(a) persons representative of workers,
(b) 40persons representative of employers, and
(c)
any other persons whom the Secretary of State considers it
appropriate to consult.
(7) In this paragraph “reporting period” means—
(a) the period that—
(i) 45begins with IP completion day, and
(ii)
ends with the day which falls six months after the
day on which IP completion day falls;
(b) subsequently, each period that—
European Union (Withdrawal Agreement) BillPage 65
(i)
begins with the day (the “start day”) that comes
immediately after the end of the preceding
reporting period, and
(ii) ends with the end day.
(8) 5The “end day” for that purpose is decided as follows—
(a)
if any new EU workers’ rights are published by the EU
during the period of six months beginning with the start
day, the end day is the day which falls six months after—
(i)
the day on which those rights are published by the
10EU, or
(ii)
if they are published by the EU on different days,
the earliest of those days;
(b)
if no new EU workers’ rights are published by the EU
during the period of six months beginning with the start
15day, the end day is the day which falls twelve months after
the start day.
(9)
A reference in this paragraph to a new EU workers’ right being
published by the EU is a reference to the EU directive or EU
regulation which provides for its conferral being published in the
20Official Journal of the European Union.
Part 3 Interpretation
3 Interpretation
(1) In this Schedule—
-
25“new EU workers’ rights” means any workers’ rights—
(a)which member States are obliged to confer by an EU
directive published in the Official Journal of the
European Union on or after IP completion day, or(b)that are conferred by an EU regulation published in
30the Official Journal of the European Union on or after
IP completion day; -
“workers’ retained EU rights” means workers’ rights of the
kinds which—(a)immediately before IP completion day, the United
35Kingdom was obliged to confer by virtue of the EU
directives listed in the table in paragraph 4, and(b)on IP completion day, continued to have effect (by
virtue of this Act and as modified by any provision
made by or under this Act or otherwise) in the law of
40England and Wales or Scotland; -
“workers’ rights” means rights of individuals, and classes of
individuals, in the area of labour protection as regards—(a)fundamental rights at work,
(b)fair working conditions and employment standards,
(c)45information and consultation rights at company level,
(d)restructuring of undertakings, and
(e)health and safety at work.
European Union (Withdrawal Agreement) BillPage 66
(2)
The reference in the definition of “workers’ retained EU rights” to
rights which continued to have effect by virtue of this Act includes
a reference to rights which form part of retained EU law by virtue
of section 2 but which would have continued to have effect
5irrespective of that section.
(3)
References in this Schedule to rights being of the same kind as new
EU workers’ rights are to be read as references to rights being of
the same kind so far as that is consistent with the United
Kingdom’s domestic legal order following its withdrawal from
10the EU.
(4)
For the purposes of this Schedule a right under the law of England
and Wales or Scotland is conferred whether or not it is in force.
(1)
The table referred to in the definition of “workers’ retained EU
rights” is as follows:
| 15Workers’ retained EU rights: the EU directives |
|---|
| Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. |
| Council Directive 89/654/EEC of 30 November 1989 concerning the 20minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/ 391/EEC). |
| Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal 25protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual 30Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16(1) of Directive 89/ 391/EEC). |
| 35Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/ EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work. |
| Council Directive 91/533/EEC of 14 October 1991 on an employer’s 40obligation to inform employees of the conditions applicable to the contract or employment relationship. |
European Union (Withdrawal Agreement) BillPage 67
| Workers’ retained EU rights: the EU directives |
|---|
| Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of 5Article 16(1) of Directive 89/391/EEC). |
| Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| 10Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| 15Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| 20Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries (twelfth individual Directive within the meaning of Article 16(1) of Directive 89/ 391/EEC). |
| 25Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Council Directive 94/33/EC of 22 June 1994 on the protection of young 30people at work. |
| Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. |
| Council Directive 97/81/EC of 15 December 1997 concerning the 35Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work. |
| Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of 40Great Britain and Northern Ireland. |
| Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
European Union (Withdrawal Agreement) BillPage 68
| Workers’ retained EU rights: the EU directives |
|---|
| Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies. |
| Council Directive 1999/63/EC of 21 June 1999 concerning the 5Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers. |
| 10Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP. |
| Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on the minimum requirements for improving the 15safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect 20of seafarers’ hours of work on board ships calling at Community ports. |
| Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work. |
| 25Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. |
| Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to 30biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. |
| Council Directive 2000/79/EC of 27 November 2000 concerning the 35European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association 40(IACA). |
| Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. |
European Union (Withdrawal Agreement) BillPage 69
| Workers’ retained EU rights: the EU directives |
|---|
| Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees. |
| 5Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation. |
| 10Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities. |
| Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding 15the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements 20regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the 25involvement of employees. |
| Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time. |
| Directive 2004/37/EC of the European Parliament and of the Council of 3029 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/ 391/EEC) (codified version). |
| Council Directive 2005/47/EC of 18 July 2005 on the Agreement 35between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross- border services in the railway sector. |
| Commission Directive 2006/15/EC of 7 February 2006 establishing a 40second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC. |
European Union (Withdrawal Agreement) BillPage 70
| Workers’ retained EU rights: the EU directives |
|---|
| Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial 5optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of 10employment and occupation (recast). |
| Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work. |
| Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ 15Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC. |
| Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a 20procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast). |
| Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health 25requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). |
| Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related 30to exposure to asbestos at work. |
| Commission Directive 2009/161/EU of 17 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC. |
| 35Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC. |
| Council Directive 2010/32/EU of 10 May 2010 implementing the 40Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. |
European Union (Withdrawal Agreement) BillPage 71
| Workers’ retained EU rights: the EU directives |
|---|
| Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents 5(electromagnetic fields) (20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) and repealing Directive 2004/ 40/EC. |
| Directive 2013/38/EU of the European Parliament and of the Council of 12 August 2013 amending Directive 2009/16/EC on port State control. |
| 10Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006. |
| Council Directive 2013/59/Euratom of 5 December 2013 laying down 15basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/ Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom. |
| Directive 2014/67/EU of the European Parliament and of the Council of 2015 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’). |
| 25Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF). |
| 30Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015 amending Directives 2008/94/EC, 2009/38/ EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards seafarers. |
| 35Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport 40Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). |
| Commission Directive 2017/164/EU of 31 January 2017 establishing a fourth list of indicative occupational exposure limit values pursuant to 45Council Directive 98/24/EC, and amending Commission Directives 91/322/EEC, 2000/39/EC and 2009/161/EU. |
European Union (Withdrawal Agreement) BillPage 72
| Workers’ retained EU rights: the EU directives |
|---|
| Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law. |
(2)
The Secretary of State may, by regulations, make such
5modifications of the list of EU directives in that table as the
Secretary of State considers appropriate in consequence of any
changes before IP completion day in EU directives relating to
workers’ rights.
(3)
No regulations may be made under sub-paragraph (2) after the
10end of the period of one year beginning with IP completion day.”
Section 38
SCHEDULE 5 Regulations under this Act
Part 1 Procedure
15Rights in relation to entry and residence
1 (1) A statutory instrument containing—
(a)
the first regulations under section 7(1)(b), (c), (d), (e), (f) or (g), 8(1) or
9, or
(b)
regulations under section 7, 8 or 9 which amend, repeal or revoke
20primary legislation or 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.
(2)
Any other statutory instrument containing regulations under section 7, 8 or
9 is subject to annulment in pursuance of a resolution of either House of
25Parliament.
2 (1) A statutory instrument containing the first regulations under section 11—
(a) must be laid before Parliament after being made, and
(b)
ceases to have effect at the end of the period of 40 days beginning
with the day on which the instrument is made unless, during that
30period, the instrument is approved by a resolution of each House of
Parliament.
(2)
Any other statutory instrument containing regulations under section 11
which amend, repeal or revoke—
(a) primary legislation, or
(b) 35retained 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.
(3)
A statutory instrument containing regulations under section 11, other than
a statutory instrument to which sub-paragraph (1) or (2) applies, is subject
40to annulment in pursuance of a resolution of either House of Parliament.
European Union (Withdrawal Agreement) BillPage 73
(4)
In calculating the period of 40 days for the purposes of sub-paragraph (1) no
account is to be taken of any time during which—
(a) Parliament is dissolved or prorogued, or
(b) either House of Parliament is adjourned for more than four days.
(5) 5If regulations cease to have effect as a result of sub-paragraph (1) that—
(a)
does not affect the validity of anything previously done under the
regulations, and
(b) does not prevent the making of new regulations.
Powers under sections 12, 13 and 14: sole exercise
3
(1)
10A statutory instrument containing regulations under section 12, 13 or 14 of
a Minister of the Crown 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 instrument has been laid before, and
15approved by a resolution of, each House of Parliament.
(2)
Any other statutory instrument containing regulations under section 12, 13
or 14 of a Minister of the Crown acting alone is subject to annulment in
pursuance of a resolution of either House of Parliament.
(3)
Regulations under section 12, 13 or 14 of the Scottish Ministers acting alone
20which amend, repeal or revoke—
(a) primary legislation, or
(b) retained direct principal EU legislation,
are subject to the affirmative procedure (see section 29 of the Interpretation
and Legislative Reform (Scotland) Act 2010 (asp 10)2010 (asp 10)).
(4)
25Any other regulations under section 12, 13 or 14 of the Scottish Ministers
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 section 12, 13 or 14 of
the Welsh Ministers acting alone 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, the National Assembly for Wales.
(6)
Any other statutory instrument containing regulations under section 12, 13
35or 14 of the Welsh Ministers acting alone is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.
(7)
Regulations under section 12, 13 or 14 of a Northern Ireland department
acting alone which amend, repeal or revoke—
(a) primary legislation, or
(b) 40retained 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)
Any other regulations under section 12, 13 or 14 of a Northern Ireland
department acting alone are subject to negative resolution within the
European Union (Withdrawal Agreement) BillPage 74
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.
Powers under sections 12, 13 and 14: joint exercise
4
(1)
This paragraph applies to regulations under section 12, 13 or 14 of a Minister
5of 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 any other procedure
provided for by this paragraph which is applicable in relation to the
regulations concerned.
(3)
10A statutory instrument containing regulations to which this paragraph
applies which 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 before, and
15approved by a resolution of, each House of Parliament.
(4)
Any 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
20Scottish Ministers and amend, repeal or revoke—
(a) primary 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
25jointly 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 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
30affirmative procedure (but as if references to a Scottish statutory instrument
were references to a statutory 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
35subordinate legislation (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 Scottish Parliament of a
40statutory 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 paragraph
applies which are made jointly with the Welsh Ministers and amend, repeal
45or revoke—
(a) primary legislation, or
European Union (Withdrawal Agreement) BillPage 75
(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.
(11)
Any other statutory instrument containing regulations to which this
5paragraph 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)
Regulations to which this paragraph applies which are made jointly with a
Northern Ireland department and amend, repeal or revoke—
(a) 10primary 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.
(13)
Any other regulations to which this paragraph applies which are made
15jointly 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)
20either 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,
nothing further is to be done under the instrument after the date of the
25resolution and Her Majesty may by Order in Council revoke the instrument.
(15) In sub-paragraph (14) “relevant devolved legislature” means—
(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
30National Assembly for Wales, and
(c)
in 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)
35Sub-paragraphs (14) to (16) apply in place of provision made by any other
enactment about the effect of such a resolution.
Power to amend date in section 20(2)
5
A statutory instrument containing regulations under section 20(7) may not
be made unless a draft of the instrument has been laid before, and approved
40by a resolution of, the House of Commons.
Power to amend definition of “IP completion day”
6
A statutory instrument containing regulations under section 37(4) is subject
to annulment in pursuance of a resolution of either House of Parliament.
European Union (Withdrawal Agreement) BillPage 76
Consequential provision
7
A statutory instrument containing regulations under section 39(1) is subject
to annulment in pursuance of a resolution of either House of Parliament.
The IMA
8
5A statutory instrument containing regulations under paragraph 38 of
Schedule 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.
Power under paragraph 1(3) or (5) of Schedule 6: sole exercise
9
(1)
A statutory instrument containing regulations made by a Minister of the
10Crown acting alone under paragraph 1(3) or (5) of Schedule 6 on or after exit
day is subject to annulment in pursuance of a resolution of either House of
Parliament.
(2)
Regulations made by the Scottish Ministers acting alone under paragraph
1(3) or (5) of Schedule 6 on or after exit day are subject to the negative
15procedure (see section 28 of the Interpretation and Legislative Reform
(Scotland) Act 2010).
(3)
A statutory instrument containing regulations made by the Welsh Ministers
acting alone under paragraph 1(3) or (5) of Schedule 6 on or after exit day is
subject to annulment in pursuance of a resolution of the National Assembly
20for Wales.
(4)
Regulations made by a Northern Ireland department acting alone under
paragraph 1(3) or (5) of Schedule 6 on or after exit day 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
25meaning of that Act.
Power under paragraph 1(3) or (5) of Schedule 6: joint exercise
10
(1)
This paragraph applies to regulations under paragraph 1(3) or (5) of
Schedule 6 of a Minister of the Crown acting jointly with a devolved
authority.
(2)
30The procedure provided for by sub-paragraph (3) 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 paragraph
35applies which are made on or after exit day is subject to annulment in
pursuance of a resolution of either House of Parliament.
(4)
Regulations to which this paragraph applies which are made jointly with the
Scottish Ministers on or after exit day are subject to the negative procedure.
(5)
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform
40(Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations
to which sub-paragraph (4) applies as they apply in relation to devolved
subordinate legislation (within the meaning of Part 2 of that Act) which is
European Union (Withdrawal Agreement) BillPage 77
subject to the negative procedure (but as if references to a Scottish statutory
instrument were references to a statutory instrument).
(6)
Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010
(laying) applies in relation to the laying before the Scottish Parliament of a
5statutory instrument containing regulations to which sub-paragraph (4)
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).
(7)
A statutory instrument containing regulations to which this paragraph
applies which are made jointly with the Welsh Ministers on or after exit day
10is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.
(8)
Regulations to which this paragraph applies which are made jointly with a
Northern Ireland department on or after exit day 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.
(9) If in accordance with this paragraph—
(a)
either House of Parliament resolves that an address be presented to
Her Majesty praying that an instrument be annulled, or
(b)
20a relevant devolved legislature resolves that an instrument be
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.
(10) In sub-paragraph (9) “relevant devolved legislature” means—
(a)
25in 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 Ireland
30department, the Northern Ireland Assembly.
(11)
Sub-paragraph (9) does not affect the validity of anything previously done
under the instrument or prevent the making of a new instrument.
(12)
Sub-paragraphs (9) to (11) apply in place of provision made by any other
enactment about the effect of such a resolution.
35Power under paragraph 4(2) of Schedule 6
11
(1)
Regulations made by the Scottish Ministers under paragraph 4(2) of
Schedule 6 on or after exit day are subject to the negative procedure (see
section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(2)
A statutory instrument containing regulations made by the Welsh Ministers
40under paragraph 4(2) of Schedule 6 on or after exit day is subject to
annulment in pursuance of a resolution of the National Assembly for Wales.
(3)
Regulations made by a Northern Ireland department under paragraph 4(2)
of Schedule 6 on or after exit day are subject to negative resolution within the
meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as
45if they were a statutory instrument within the meaning of that Act.
European Union (Withdrawal Agreement) BillPage 78
Part 2 General provision about powers under Act
Scope and nature of powers: general
12 (1) Any power to make regulations under this Act—
(a)
5so far as exercisable by a Minister of the Crown or by a Minister of
the Crown acting jointly with a devolved authority, is exercisable by
statutory instrument,
(b)
so far as exercisable by the Welsh Ministers or by the Welsh Ministers
acting jointly with a Minister of the Crown, is exercisable by
10statutory instrument, and
(c)
so far as exercisable by a Northern Ireland department (other than
when acting jointly with a Minister of the Crown), is exercisable by
statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979 (SI 1979/1573 (NI 12)SI 1979/1573 (NI 12)) (and not by statutory
15instrument).
(2)
For regulations made under this Act by the Scottish Ministers, see also
section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10) (Scottish statutory instruments).
13 Any power to make regulations under this Act—
(a)
20may be exercised so as to make different provision for different cases
or descriptions of case, different circumstances, different purposes or
different areas, and
(b)
includes power to make supplementary, incidental, consequential,
transitional, transitory or saving provision.
14
25The fact that a power to make regulations is conferred by this Act does not
affect the extent of any other power to make regulations under this Act.
Anticipatory exercise of powers in relation to withdrawal agreement etc.
15
Any power to make regulations under this Act in relation to the withdrawal
agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights
30agreement, 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.
Scope of appointed day power
16
The power of a Minister of the Crown under section 40(7) to appoint a day
35includes a power to appoint a time on that day if the Minister considers it
appropriate to do so.
Hybrid instruments
17
If an instrument, or a draft of an instrument, containing regulations under
this Act would, apart from this paragraph, be treated as a hybrid instrument
40for the purposes of the standing orders of either House of Parliament, it is to
proceed in that House as if it were not a hybrid instrument.
European Union (Withdrawal Agreement) BillPage 79
Combinations of instruments
18
(1)
Sub-paragraph (2) applies to a statutory instrument containing regulations
under this Act which is subject to a procedure before Parliament for the
approval of the instrument in draft before it is made or its approval after it
5is made.
(2)
The statutory instrument may also include regulations under this Act or
another enactment which are made by statutory instrument which is subject
to a procedure before Parliament that provides for the annulment of the
instrument after it has been made.
(3)
10Where regulations are included as mentioned in sub-paragraph (2), the
procedure applicable to the statutory instrument is the procedure
mentioned in sub-paragraph (1) and not the procedure mentioned in sub-
paragraph (2).
(4)
Sub-paragraphs (1) to (3) apply in relation to a statutory instrument
15containing regulations under this Act which is subject to a procedure before
the National Assembly for Wales as they apply in relation to a statutory
instrument containing regulations under this Act which is subject to a
procedure before Parliament but as if the references to Parliament were
references to the National Assembly for Wales.
(5)
20Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply
in relation to a statutory instrument but as if the references to Parliament
were references to the Northern Ireland Assembly.
(6)
Sub-paragraphs (1) to (3) apply in relation to a statutory instrument
containing regulations under this Act which is subject to a procedure before
25the Scottish Parliament, the National Assembly for Wales or the Northern
Ireland Assembly as well as a procedure before Parliament as they apply to
a statutory instrument containing regulations under this Act which is subject
to a procedure before Parliament but as if the references to Parliament were
references to Parliament and the Scottish Parliament, the National Assembly
30for Wales or (as the case may be) the Northern Ireland Assembly.
(7)
This paragraph does not prevent the inclusion of other regulations in a
statutory instrument or statutory rule which contains regulations under this
Act (and, accordingly, references in this Schedule to an instrument
containing regulations are to be read as references to an instrument
35containing (whether alone or with other provision) regulations).
Section 39(4) and (6)
SCHEDULE 6 Consequential and transitional provision etc.
Part 1 General consequential provision
40Deficiencies or consequential regulations made under EUWA etc.
1 (1) Any provision in subordinate legislation made before exit day under—