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

European Union (Withdrawal Agreement) BillPage 80

(a) any of the following provisions of the European Union (Withdrawal)
Act 2018—

(i) section 8(1),

(ii) section 23(1) or (6),

(iii) 5paragraph 1(2)(b) of Schedule 1,

(iv) Part 1 of Schedule 2, or

(v) paragraph 1 or 7 of Schedule 4, or

(b) any relevant enactment,

which provides, by reference to exit day (however expressed), for all or part
10of that or any other subordinate legislation to come into force immediately
before exit day, on exit day or at any time after exit day is to be read instead
as providing for the subordinate legislation or (as the case may be) the part
to come into force immediately before IP completion day, on IP completion
day or (as the case may be) at the time concerned after IP completion day.

(2) 15Sub-paragraph (1) does not apply so far as it is expressly disapplied by the
subordinate legislation that provides as mentioned in that sub-paragraph.

(3) An appropriate authority may by regulations specify an enactment as a
relevant enactment.

(4) Regulations under sub-paragraph (3) may (among other things)—

(a) 20specify an enactment by providing for any enactment falling within
a specified description of enactment to be a specified enactment, or

(b) specify an enactment which is an enactment made under any
provision which falls within sub-paragraph (1)(a).

(5) An appropriate authority may by regulations—

(a) 25provide for sub-paragraph (1) not to apply to any extent in particular
cases or descriptions of case, or

(b) make different provision in particular cases or descriptions of case to
that made by sub-paragraph (1).

(6) But see paragraphs 2 and 3 for further provision about the power of
30devolved authorities to make regulations under sub-paragraph (3) or (5).

(7) No regulations may be made under sub-paragraph (3) or (5) after the end of
the period of one year beginning with IP completion day.

(8) In this paragraph “appropriate authority” means—

(a) a Minister of the Crown,

(b) 35a devolved authority, or

(c) a Minister of the Crown acting jointly with a devolved authority.

(9) In this paragraph and paragraphs 2 and 3 “relevant enactment” means any
enactment specified in regulations made under sub-paragraph (3).

2 (1) A devolved authority acting alone may only specify a relevant enactment in
40regulations under paragraph 1(3) so far as the enactment permits the making
of subordinate legislation by—

(a) the devolved authority acting alone, or

(b) another person in circumstances in which it also permits the
subordinate legislation to be made by the devolved authority acting
45alone.

European Union (Withdrawal Agreement) BillPage 81

(2) Any requirement for consultation with, or the consent of, a Minister of the
Crown which would be applicable to the making of the subordinate
legislation by the devolved authority acting alone in a case falling within
sub-paragraph (1)(a) or (b) is applicable to the making of the regulations
5under paragraph 1(3) specifying the relevant enactment concerned so far as
that requirement would be applicable to the making of subordinate
legislation producing the same result as that produced by the specification.

3 (1) No provision may be made by a devolved authority acting alone in
regulations under paragraph 1(5) so far as those regulations relate to
10regulations under section 8(1) of, or Part 1 of Schedule 2 to, the European
Union (Withdrawal) Act 2018 unless the result produced by the provision is
a result which could have been produced by the devolved authority acting
alone in regulations under Part 1 of Schedule 2 to that Act.

(2) No provision may be made by a devolved authority acting alone in
15regulations under paragraph 1(5) so far as those regulations relate to
regulations under section 23(1) or (6) of, or paragraph 1(2)(b) of Schedule 1
to, the European Union (Withdrawal) Act 2018.

(3) No provision may be made by a devolved authority acting alone in
regulations under paragraph 1(5) so far as those regulations relate to
20regulations under paragraph 1 or 7 of Schedule 4 to the European Union
(Withdrawal) Act 2018 unless the result produced by the provision is a result
which could have been produced by the devolved authority acting alone in
regulations under paragraph 1 or (as the case may be) 7 of Schedule 4 to that
Act.

(4) 25No provision may be made by a devolved authority acting alone in
regulations under paragraph 1(5) so far as those regulations relate to
subordinate legislation under a relevant enactment unless the result
produced by the provision is a result which could have been produced by
the devolved authority acting alone in subordinate legislation under the
30relevant enactment.

(5) Sub-paragraph (6) applies where—

(a) provision is to be made by a devolved authority acting alone in
regulations under paragraph 1(5) so far as relating to regulations
under section 8(1) of, or Part 1 of Schedule 2 to, the European Union
35(Withdrawal) Act 2018, and

(b) the result produced by the provision is a result which could only
have been produced by the devolved authority acting alone in
regulations under Part 1 of Schedule 2 to that Act if a Minister of the
Crown had consented as required by paragraph 5 of that Schedule.

(6) 40A corresponding consent is required before the provision is made by the
devolved authority acting alone in the regulations under paragraph 1(5).

(7) Sub-paragraph (8) applies where—

(a) provision is to be made by a devolved authority acting alone in
regulations under paragraph 1(5) so far as relating to regulations
45under paragraph 1 of Schedule 4 to the European Union
(Withdrawal) Act 2018, and

(b) the result produced by the provision is a result which could only
have been produced by the devolved authority acting alone in
regulations under paragraph 1 of Schedule 4 to that Act if a Minister

European Union (Withdrawal Agreement) BillPage 82

of the Crown had consented as required by paragraph 3(2) of that
Schedule.

(8) A corresponding consent is required before the provision is made by the
devolved authority acting alone in the regulations under paragraph 1(5).

(9) 5Sub-paragraph (10) applies where—

(a) provision is to be made by a devolved authority acting alone in
regulations under paragraph 1(5) so far as relating to subordinate
legislation under a relevant enactment, and

(b) the consent of a Minister of the Crown was, or would be, required
10before the making of any provision to which paragraph 1(1) would
otherwise apply.

(10) A corresponding consent is required before the provision is made by the
devolved authority acting alone in the regulations under paragraph 1(5).

(11) Sub-paragraph (12) applies so far as—

(a) 15provision is to be made by a devolved authority in regulations under
paragraph 1(5) so far as relating to regulations under section 8(1) of,
or Part 1 of Schedule 2 to, the European Union (Withdrawal) Act
2018, and

(b) either—

(i) 20any provision to which paragraph 1(1) would otherwise
apply was, or would be, made by a devolved authority acting
jointly with a Minister of the Crown in regulations under Part
1 of Schedule 2 to that Act, or

(ii) the result produced by the provision mentioned in paragraph
25(a) is a result which could only have been produced by the
devolved authority in regulations under Part 1 of Schedule 2
to that Act if the devolved authority were acting jointly with
a Minister of the Crown as required by paragraph 6 of that
Schedule.

(12) 30The regulations under paragraph 1(5) may only be made by the devolved
authority if the devolved authority is acting jointly with a Minister of the
Crown.

(13) Sub-paragraph (14) applies so far as—

(a) provision is to be made by a devolved authority in regulations under
35paragraph 1(5) so far as relating to subordinate legislation under—

(i) paragraph 1 of Schedule 4 to the European Union
(Withdrawal) Act 2018, or

(ii) a relevant enactment, and

(b) any provision to which paragraph 1(1) would otherwise apply was,
40or would be, made by a devolved authority acting jointly with a
Minister of the Crown in regulations under paragraph 1 of Schedule
4 to that Act or (as the case may be) the relevant enactment.

(14) The regulations under paragraph 1(5) may only be made by the devolved
authority if the devolved authority is acting jointly with a Minister of the
45Crown.

(15) Except where sub-paragraph (6), (8) or (10) applies, no provision may be
made under paragraph 1(5) by a devolved authority acting alone unless the
devolved authority has consulted a Minister of the Crown.

European Union (Withdrawal Agreement) BillPage 83

Devolved preparatory legislation of a kind mentioned in paragraph 41(3) to (5) of Schedule 8
to EUWA

4 (1) Any provision of primary legislation which—

(a) is made before exit day by virtue of any of sub-paragraphs (3) to (5)
5of paragraph 41 of Schedule 8 to the European Union (Withdrawal)
Act 2018, and

(b) provides, by reference to exit day (however expressed), for itself or
any other provision so made to come into force on exit day or at any
time after exit day,

10is to be read instead as providing for the provision to come into force on IP
completion day or (as the case may be) at that time after IP completion day.

(2) But a relevant devolved authority may, by regulations and subject to sub-
paragraphs (4) to (7)

(a) provide for sub-paragraph (1) not to apply to any extent in particular
15cases or descriptions of case,

(b) make different provision in particular cases or descriptions of case to
that made by sub-paragraph (1), or

(c) make such provision as the relevant devolved authority considers
appropriate in consequence of sub-paragraph (1) (including
20provision restating the effect of that sub-paragraph).

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

(4) No provision may be made by the Scottish Ministers in regulations under
25sub-paragraph (2) unless it would be within the legislative competence of
the Scottish Parliament if it were contained in an Act of that Parliament.

(5) No provision may be made by the Welsh Ministers in regulations under sub-
paragraph (2) unless it would be within the legislative competence of the
National Assembly for Wales if it were contained in an Act of the Assembly
30(including any provision that could be made only with the consent of a
Minister of the Crown).

(6) No provision may be made by a Northern Ireland department in regulations
under sub-paragraph (2) unless it would be within the legislative
competence of the Northern Ireland Assembly if it were contained in an Act
35of the Assembly (including any provision that could be made only with the
consent of the Secretary of State).

(7) No regulations may be made under sub-paragraph (2) after the end of the
period of one year beginning with IP completion day.

(8) In this paragraph “relevant devolved authority” means—

(a) 40in relation to any provision of an Act of the Scottish Parliament, the
Scottish Ministers,

(b) in relation to any provision of an Act of the National Assembly for
Wales, the Welsh Ministers, and

(c) in relation to any provision of an Act of the Northern Ireland
45Assembly, a Northern Ireland department.

European Union (Withdrawal Agreement) BillPage 84

Power to make consequential regulations under EUWA

5 (1) The power of a Minister of the Crown under section 23(1) of the European
Union (Withdrawal) Act 2018 to make such provision as the Minister
considers appropriate in consequence of that Act includes the power to
5make such provision as the Minister considers appropriate in consequence
of that Act as modified, or to be modified, by or under this Act (and
references in the Act of 2018 to the power under section 23(1) of that Act are
to be read accordingly).

(2) Sub-paragraph (1) does not limit the power conferred by section 39(1) above.

(3) 10The reference in sub-paragraph (1) to any modification by or under this Act
of the European Union (Withdrawal) Act 2018 includes a reference to any
modification made by or under this Act of a provision of another Act which
was inserted into that other Act or otherwise modified by the Act of 2018.

Part 2 15Specific consequential provision etc.

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

6 The Interpretation Act (Northern Ireland) 1954 is amended as follows.

7 In section 11 (references in enactments), in subsections (1C), (1D) and (1E),
for “exit day” substitute “IP completion day”.

8 20In section 44A (definitions relating to the United Kingdom’s withdrawal
from the EU)—

(a) before the definition of “exit day” insert—

  • ““EU withdrawal agreement” means the withdrawal
    agreement within the meaning of the European
    25Union (Withdrawal Agreement) Act 2019 (see section
    37(1) and (6) of that Act),”,

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

  • ““IP completion day” (and related expressions) have the
    same meaning as in the European Union (Withdrawal
    30Agreement) Act 2019 (see section 37(1) to (5) of that
    Act),”, and

(c) in the definition of “retained EU obligation” for “exit day” substitute
“IP completion day”.

Interpretation Act 1978

9 35The Interpretation Act 1978 is amended as follows.

10 In section 20(3) (references to other enactments) for “exit day” substitute “IP
completion day”.

11 In section 21(1) (meaning of “subordinate legislation”) for “exit day”
substitute “IP completion day”.

12 40In section 23ZA(4)(a)(ii) (retained direct EU legislation) for “exit day”
substitute “IP completion day”.

European Union (Withdrawal Agreement) BillPage 85

13 In Schedule 1 (words and expressions defined), under the italic heading
“Definitions relating to the EU and the United Kingdom’s withdrawal”—

(a) before the definition of “exit day” insert—

  • ““EU withdrawal agreement” means the withdrawal
    5agreement within the meaning of the European
    Union (Withdrawal Agreement) Act 2019 (see section
    37(1) and (6) of that Act).”,

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

  • ““IP completion day” (and related expressions) have the
    10same meaning as in the European Union (Withdrawal
    Agreement) Act 2019 (see section 37(1) to (5) of that
    Act).”,

(c) in the definition of “retained EU obligation” for “exit day” substitute
“IP completion day”, and

(d) 15in the definition of ““The Treaties” or “the EU Treaties””—

(i) for “or EU Treaties,” substitute “or EU Treaties as at
immediately before IP completion day and”, and

(ii) for the words from “its repeal” to the end of the definition
substitute “IP completion day”.

20European Economic Area Act 1993

14 The European Economic Area Act 1993 is amended as follows.

15 In section 2 (consistent application of law to the whole of the EEA), in
subsections (3)(a) and (3A), for “exit day” substitute “IP completion day”.

16 In section 3 (general implementation of the EEA agreement), in subsections
25(3)(a) and (4A), for “exit day” substitute “IP completion day”.

17 In section 6(1) (interpretation), in the definition of “the 1972 Act”, for “its
repeal by section 1” substitute “it ceases to have effect by virtue of section
1A(5)”.

Scotland Act 1998

18 30The Scotland Act 1998 is amended as follows.

19 In section 30A(2) (legislative competence: restriction relating to retained EU
law) for “exit day” substitute “IP completion day”.

20 In section 57(5)(b) (exception to section 57(4)) for “Schedule 2 or 4 to the
European Union (Withdrawal) Act 2018” substitute

(i) 35Part 1, 1B or 2 of Schedule 2 to the European Union
(Withdrawal) Act 2018 (power to deal with
deficiencies arising from withdrawal and certain
powers in connection with the EU withdrawal
agreement),

(ii) 40Schedule 4 to that Act (powers in connection with fees
and charges), or

(iii) section 12, 13 or 14 of the European Union
(Withdrawal Agreement) Act 2019 (certain powers
relating to citizens’ rights)”.

European Union (Withdrawal Agreement) BillPage 86

21 (1) Paragraph 1 of Schedule 4 (enactments etc. protected from modification) is
amended as follows.

(2) In sub-paragraph (2)(g) for “paragraphs 31 to 35 of Schedule 8 to” substitute
“any excluded provision of”.

(3) 5After sub-paragraph (2) insert—

(3) For the purposes of sub-paragraph (2)(g), the following are
excluded provisions of the European Union (Withdrawal) Act
2018—

(a) section 1B(3) and (4),

(b) 10sections 8A to 8C,

(c) section 10(3) and (4),

(d) sections 13A to 13C,

(e) section 18A and Schedule 5A,

(f) Parts 1A to 1C of Schedule 2,

(g) 15paragraphs 8A to 8H of Schedule 7, and

(h) paragraphs 31 to 35 of Schedule 8.”

22 In Part 2 of Schedule 5 (specific reservations), in section C8 (product
standards, safety and liability) for “exit day” substitute “IP completion day”.

Northern Ireland Act 1998

23 20The Northern Ireland Act 1998 is amended as follows.

24 In section 6A(2) (restriction relating to retained EU law) for “exit day”
substitute “IP completion day”.

25 (1) Section 7 (entrenched enactments) is amended as follows.

(2) In subsection (1) for “subsection (2A)” substitute “subsections (2A) and
25(2B)”.

(3) In subsection (2A) for paragraphs (a) and (b) (but not the word “or” at the
end of paragraph (b)) substitute—

(ba) any excluded provision of the European Union (Withdrawal)
Act 2018,”.

(4) 30After subsection (2A) insert—

(2B) For the purposes of subsection (2A)(ba), the following are excluded
provisions of the European Union (Withdrawal) Act 2018—

(a) section 1B(3) and (4),

(b) sections 8A to 8C,

(c) 35section 10(3) and (4),

(d) sections 13A to 13C,

(e) section 18A and Schedule 5A,

(f) Parts 1A to 1C of Schedule 2,

(g) paragraphs 1(11) and (12), 2(12) and (13) and 8A to 8H of
40Schedule 7, and

(h) paragraphs 21 and 31 to 35 of Schedule 8.”

26 In section 24(4)(b) (exception to section 24(3)) for “Schedule 2 or 4 to the

European Union (Withdrawal Agreement) BillPage 87

European Union (Withdrawal) Act 2018” substitute

(i) Part 1, 1B or 2 of Schedule 2 to the European Union
(Withdrawal) Act 2018 (power to deal with
deficiencies arising from withdrawal and certain
5powers in connection with the EU withdrawal
agreement),

(ii) Schedule 4 to that Act (powers in connection with fees
and charges), or

(iii) section 12, 13 or 14 of the European Union
10(Withdrawal Agreement) Act 2019 (certain powers
relating to citizens’ rights)”.

27 In Schedule 3 (reserved matters), in paragraph 38, for “exit day” substitute
“IP completion day”.

Government of Wales Act 2006

28 15The Government of Wales Act 2006 is amended as follows.

29 In section 80(8A)(b) (exception to section 80(8)) for “Schedule 2 or 4 to the
European Union (Withdrawal) Act 2018” substitute

(i) Part 1, 1B or 2 of Schedule 2 to the European Union
(Withdrawal) Act 2018 (power to deal with
20deficiencies arising from withdrawal and certain
powers in connection with the EU withdrawal
agreement),

(ii) Schedule 4 to that Act (powers in connection with fees
and charges), or

(iii) 25section 12, 13 or 14 of the European Union
(Withdrawal Agreement) Act 2019 (certain powers
relating to citizens’ rights)”.

30 In section 109A(2) (legislative competence: restriction relating to retained
EU law) for “exit day” substitute “IP completion day”.

31 30In Part 2 of Schedule 7A (specific reservations), in section C7 (product
standards, safety and liability), in paragraph 77, for “exit day” substitute “IP
completion day”.

32 (1) Paragraph 5 of Schedule 7B (protected enactments) is amended as follows.

(2) In sub-paragraph (1), in the entry in the table for the European Union
35(Withdrawal) Act 2018, after “whole Act” insert “other than any excluded
provision”.

(3) After sub-paragraph (1) insert—

(1A) For the purposes of the entry in the table in sub-paragraph (1) for
the European Union (Withdrawal) Act 2018, the following are
40excluded provisions of that Act—

(a) section 1B(3) and (4),

(b) sections 8A to 8C,

(c) section 10(3) and (4),

(d) sections 13A to 13C,

(e) 45section 18A and Schedule 5A,

(f) Parts 1A to 1C of Schedule 2,

European Union (Withdrawal Agreement) BillPage 88

(g) paragraphs 8A to 8H of Schedule 7, and

(h) paragraphs 31 to 35 of Schedule 8.”

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)2010 (asp 10)

33 The Interpretation and Legislative Reform (Scotland) Act 2010 is amended
5as follows.

34 In section 1(1)(ba) (application of Part 1 of the Act) for “exit day” substitute
“IP completion day”.

35 In section 14(3) (references to other legislative provisions) for “exit day”, in
both places where it appears, substitute “IP completion day”.

36 10In section 55(2B)(d) (transitional Orders: revocation and savings)—

(a) before the definition of “exit day” (and after the italic heading
“Definitions relating to EU exit”) insert—

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

(c) in the definition of “retained EU obligation” for “exit day” substitute
15“IP completion day”, and

(d) in the definition of ““The Treaties” or “the EU Treaties””—

(i) for “or EU Treaties,” substitute “or EU Treaties as at
immediately before IP completion day and”, and

(ii) for the words from “its repeal” to the end of the definition
20substitute “IP completion day”.

37 In Schedule 1 (definitions of words and expressions)—

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

(b) before the definition of “exit day” (and after the italic heading
25“Definitions relating to EU exit”) insert—

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

(d) in the definition of “retained EU obligation” for “exit day” substitute
“IP completion day”,

(e) in the definition of “EU instrument” omit “(within the meaning of the
30European Union (Withdrawal) Act 2018 (see section 20(1) of that
Act))”, and

(f) in the definition of ““The Treaties” or “the EU Treaties””—

European Union (Withdrawal Agreement) BillPage 89

(i) for “or EU Treaties,” substitute “or EU Treaties as at
immediately before IP completion day and”, and

(ii) for the words from “its repeal” to the end of the definition
substitute “IP completion day”.

5European Union (Withdrawal) Act 2018

38 The European Union (Withdrawal) Act 2018 is amended as follows.

39 In the italic heading before section 2, for “existing EU law” substitute “saved
EU law at end of implementation period”.

40 (1) Section 7 (status of retained EU law) is amended as follows.

(2) 10In subsection (1)(b) for “section 2” substitute “section 1A(2) or 1B(2)”.

(3) After subsection (1) insert—

(1A) Anything which—

(a) was, immediately before IP completion day, primary
legislation of a particular kind, subordinate legislation of a
15particular kind or another enactment of a particular kind, and

(b) continues to be domestic law on and after IP completion day
by virtue of section 2,

continues to be domestic law as an enactment of the same kind.”

(4) In subsection (5)—

(a) 20in paragraph (a) after “(3)” insert “and (7)”, and

(b) after paragraph (b) insert—

(ba) section 7C (status of case law of European Court etc.
in relation to retained EU law which is relevant
separation agreement law),”.

(5) 25In subsection (6) for “exit day”, wherever it appears, substitute “IP
completion day”.

41 (1) Section 10 (continuation of North-South co-operation and the prevention of
new border arrangements) is amended as follows.

(2) In the heading—

(a) 30for “Continuation of” substitute “Protection for”, and

(b) omit “the”.

(3) In subsection (2)(a) omit “(as defined by section 98 of the Northern Ireland
Act 1998)”.

42 In section 11 (powers involving devolved authorities corresponding to
35sections 8 and 9), in the heading and the text of the section, for “and”
substitute “to”.

43 In the italic cross-heading before section 13, for “approval of outcome of EU
negotiations” substitute “oversight of withdrawal”.

44 In section 19 (future interaction with the law and agencies of the EU) for “exit
40day”, in both places where it appears, substitute “IP completion day”.

45 (1) Section 20 (interpretation) is amended as follows.

(2) In subsection (1)—