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

European Union (Withdrawal Agreement) BillPage 20

see section 3 above) insert—

8B Power in connection with certain other separation issues

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

(a) 5to implement Part 3 of the withdrawal agreement (separation
provisions),

(b) to supplement the effect of section 7A in relation to that Part, or

(c) otherwise for the purposes of dealing with matters arising out
of, or related to, that Part (including matters arising by virtue of
10section 7A and that Part).

(2) A Minister of the Crown may by regulations make such provision as
the Minister considers appropriate—

(a) to implement Part 3 of the EEA EFTA separation agreement
(separation provisions),

(b) 15to supplement the effect of section 7B in relation to that Part, or

(c) otherwise for the purposes of dealing with matters arising out
of, or related to, that Part (including matters arising by virtue of
section 7B and that Part).

(3) Regulations under this section may make any provision that could be made by
20an Act of Parliament.

(4) Regulations under this section may (among other things) restate, for the
purposes of making the law clearer or more accessible, anything that
forms part of domestic law by virtue of—

(a) section 7A above and Part 3 of the withdrawal agreement, or

(b) 25section 7B above and Part 3 of the EEA EFTA separation
agreement.

(5) But regulations under this section may not—

(a) impose or increase taxation or fees,

(b) make retrospective provision,

(c) 30create a relevant criminal offence,

(d) establish a public authority,

(e) amend, repeal or revoke the Human Rights Act 1998 or any
subordinate legislation made under it, or

(f) amend or repeal the Scotland Act 1998, the Government of
35Wales Act 2006 or the Northern Ireland Act 1998 (unless the
regulations are made by virtue of paragraph 21(b) of Schedule
7 to this Act or are amending or repealing any provision of those
Acts which modifies another enactment).

(6) In this section references to Part 3 of the withdrawal agreement or of the
40EEA EFTA separation agreement include references to any provision of
EU law which is applied by, or referred to in, that Part (to the extent of
the application or reference).”

19 Powers corresponding to section 18 involving devolved authorities

After Part 1A of Schedule 2 to the European Union (Withdrawal) Act 2018
45(corresponding powers involving devolved authorities: provision in
connection with implementation period) (for which see section 4 above)

European Union (Withdrawal Agreement) BillPage 21

insert—

“Part 1B
Part 1B Provision in connection with certain other separation issues
Powers in connection with Part 3 of withdrawal agreement and EEA EFTA separation
5agreement

11G (1) A devolved authority may by regulations make such provision as the
devolved authority considers appropriate—

(a) to implement Part 3 of the withdrawal agreement (separation
provisions),

(b) 10to supplement the effect of section 7A in relation to that Part,
or

(c) otherwise for the purposes of dealing with matters arising
out of, or related to, that Part (including matters arising by
virtue of section 7A and that Part).

(2) 15A Minister of the Crown acting jointly with a devolved authority
may by regulations make such provision as they consider
appropriate—

(a) to implement Part 3 of the withdrawal agreement (separation
provisions),

(b) 20to supplement the effect of section 7A in relation to that Part,
or

(c) otherwise for the purposes of dealing with matters arising
out of, or related to, that Part (including matters arising by
virtue of section 7A and that Part).

(3) 25A devolved authority may by regulations make such provision as the
devolved authority considers appropriate—

(a) to implement Part 3 of the EEA EFTA separation agreement
(separation provisions),

(b) to supplement the effect of section 7B in relation to that Part,
30or

(c) otherwise for the purposes of dealing with matters arising
out of, or related to, that Part (including matters arising by
virtue of section 7B and that Part).

(4) A Minister of the Crown acting jointly with a devolved authority
35may by regulations make such provision as they consider
appropriate—

(a) to implement Part 3 of the EEA EFTA separation agreement
(separation provisions),

(b) to supplement the effect of section 7B in relation to that Part,
40or

(c) otherwise for the purposes of dealing with matters arising
out of, or related to, that Part (including matters arising by
virtue of section 7B and that Part).

(5) Regulations under this Part may make any provision that could be made by
45an Act of Parliament.

European Union (Withdrawal Agreement) BillPage 22

(6) Regulations under this Part may (among other things) restate, for the
purposes of making the law clearer or more accessible, anything that
forms part of domestic law by virtue of—

(a) section 7A above and Part 3 of the withdrawal agreement, or

(b) 5section 7B above and Part 3 of the EEA EFTA separation
agreement.

(7) But regulations under this Part may not—

(a) impose or increase taxation or fees,

(b) make retrospective provision,

(c) 10create a relevant criminal offence,

(d) establish a public authority,

(e) amend, repeal or revoke the Human Rights Act 1998 or any
subordinate legislation made under it, or

(f) amend or repeal the Scotland Act 1998, the Government of
15Wales Act 2006 or the Northern Ireland Act 1998 (unless the
regulations are made by virtue of paragraph 21(b) of
Schedule 7 to this Act or are amending or repealing any
provision of those Acts which modifies another enactment).

(8) Regulations under sub-paragraph (1) or (3) are also subject to
20paragraphs 11H and 11I.

(9) In this paragraph references to Part 3 of the withdrawal agreement
or of the EEA EFTA separation agreement include references to any
provision of EU law which is applied by, or referred to in, that Part
(to the extent of the application or reference).

25No power to make provision outside devolved competence

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

(2) See paragraphs 11J to 11L for the meaning of “devolved competence”
30for the purposes of this Part.

Certain requirements for consent, joint exercise or consultation

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

Meaning of devolved competence: Part 1B

11J 35A provision is within the devolved competence of the Scottish
Ministers for the purposes of this Part if—

(a) it 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
40relating to EU law and retained EU law), or

(b) it is provision which could be made in other subordinate
legislation by 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
4557(4) of that Act).

European Union (Withdrawal Agreement) BillPage 23

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

(a) it would be within the legislative competence of the National
Assembly for Wales if it were contained in an Act of the
5Assembly (ignoring 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 the Crown), or

(b) it is provision which could be made in other subordinate
10legislation by the Welsh Ministers acting alone (ignoring
section 80(8) of the Government of Wales Act 2006).

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

(a) the provision, if it were contained in an Act of the Northern
15Ireland Assembly—

(i) would be within the legislative competence of the
Assembly (ignoring section 6(2)(d) of the Northern
Ireland Act 1998), and

(ii) would not require the consent of the Secretary of
20State,

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

(ii) would, if it were contained in an Act of the Northern
Ireland Assembly, be within the legislative
25competence of the 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
30authority acting alone (ignoring section 24(1)(b) and (3) of the
Northern Ireland Act 1998).”

Main financial provision

20 Financial provision

(1) Any sum that is required to be paid to the EU or an EU entity to meet any obligation
35that the United Kingdom has by virtue of the withdrawal agreement is to be charged on
and paid out of the Consolidated Fund or, if the Treasury so decides, the National Loans
Fund.

(2) After 31 March 2021, subsection (1) does not apply in relation to any expenditure other
than sums required to be paid in respect of the traditional own resources of the EU.

(3) 40Any money received by a Minister of the Crown or a government department by virtue
of the withdrawal agreement is to be paid into the Consolidated Fund or, if the Treasury
so decides, the National Loans Fund.

(4) A Minister of the Crown, government department or devolved authority may incur
expenditure, for the purpose of, or in connection with, preparing for anything about
45which provision may be made under a power to make subordinate legislation conferred
or modified by or under this Act, before any such provision is made.

(5) There is to be paid out of money provided by Parliament—

European Union (Withdrawal Agreement) BillPage 24

(a) any expenditure in relation to which subsection (1) does not apply which is
incurred by a Minister of the Crown, government department or other public
authority by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other
5Act out of money so provided.

(6) Subsections (1), (3) and (5) are subject to any other provision made by or under
this Act or any other enactment.

(7) A Minister of the Crown may by regulations amend the date for the time being
mentioned in subsection (2).

(8) 10In this section—

  • EU entity” means an EU institution or any office, body or agency of the
    EU;

  • “government department” means any department of the Government of
    the United Kingdom;

  • 15“the traditional own resources of the EU” means the EU’s traditional own
    resources referred to in Article 2(1)(a) of the Council Decision of 26 May
    2014 on the system of own resources of the European Union (2014/335/
    EU, Euratom).

Ireland/Northern Ireland Protocol

21 20Main power in connection with Ireland/Northern Ireland Protocol

After section 8B of the European Union (Withdrawal) Act 2018 (power in
connection with certain other separation issues) (for which see section 18
above) insert—

8C Power in connection with Ireland/Northern Ireland Protocol in
25withdrawal agreement

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

(a) to implement the Protocol on Ireland/Northern Ireland in the
withdrawal agreement,

(b) 30to supplement the effect of section 7A in relation to the Protocol,
or

(c) otherwise for the purposes of dealing with matters arising out
of, or related to, the Protocol (including matters arising by
virtue of section 7A and the Protocol).

(2) 35Regulations under subsection (1) may make any provision that could be made
by an Act of Parliament (including modifying this Act).

(3) Regulations under subsection (1) may (among other things) make
provision facilitating the access to the market within Great Britain of
qualifying Northern Ireland goods.

(4) 40Such provision may (among other things) include provision about the
recognition within Great Britain of technical regulations, assessments,
registrations, certificates, approvals and authorisations issued by—

(a) the authorities of a member State, or

(b) bodies established in a member State,

European Union (Withdrawal Agreement) BillPage 25

in respect of qualifying Northern Ireland goods.

(5) Regulations under subsection (1) may (among other things) restate, for
the purposes of making the law clearer or more accessible, anything
that forms part of domestic law by virtue of section 7A and the Protocol.

(6) 5A Minister of the Crown must by regulations define “qualifying
Northern Ireland goods” for the purposes of this Act.

(7) In this section any reference to the Protocol on Ireland/Northern
Ireland includes a reference to—

(a) any other provision of the withdrawal agreement so far as
10relating to the Protocol, and

(b) any provision of EU law which is applied by, or referred to in,
the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol
(which provides that the United Kingdom and the Republic of Ireland
15may continue to make new arrangements that build on the provisions
of the Belfast Agreement in other areas of North-South cooperation on
the island of Ireland).”

22 Powers corresponding to section 21 involving devolved authorities

After Part 1B of Schedule 2 to the European Union (Withdrawal) Act 2018
20(corresponding powers involving devolved authorities: provision in
connection with certain other separation issues) (for which see section 19
above) insert—

“Part 1C Provision in connection with Protocol on Ireland/Northern Ireland
11M 25Power in connection with Protocol on Ireland/Northern Ireland

(1) A devolved authority may by regulations make such provision as the
devolved authority considers appropriate—

(a) to implement the Protocol on Ireland/Northern Ireland in
the withdrawal agreement,

(b) 30to supplement the effect of section 7A in relation to the
Protocol, or

(c) otherwise for the purposes of dealing with matters arising
out of, or related to, the Protocol (including matters arising
by virtue of section 7A and the Protocol).

(2) 35A Minister of the Crown acting jointly with a devolved authority
may by regulations make such provision as they consider
appropriate—

(a) to implement the Protocol on Ireland/Northern Ireland in
the withdrawal agreement,

(b) 40to supplement the effect of section 7A in relation to the
Protocol, or

(c) otherwise for the purposes of dealing with matters arising
out of, or related to, the Protocol (including matters arising
by virtue of section 7A and the Protocol).

European Union (Withdrawal Agreement) BillPage 26

(3) Regulations under this Part may make any provision that could be made by
an Act of Parliament.

(4) Regulations under this Part may (among other things) make
provision facilitating the access to the market within Great Britain of
5qualifying Northern Ireland goods.

(5) Such provision may (among other things) include provision about
the recognition within Great Britain of technical regulations,
assessments, registrations, certificates, approvals and authorisations
issued by—

(a) 10the authorities of a member State, or

(b) bodies established in a member State,

in respect of qualifying Northern Ireland goods.

(6) Regulations under this Part may (among other things) restate, for the
purposes of making the law clearer or more accessible, anything that
15forms part of domestic law by virtue of section 7A and the Protocol.

(7) Regulations under sub-paragraph (1) are also subject to paragraphs
11N and 11O.

(8) In this paragraph any reference to the Protocol on Ireland/Northern
Ireland includes a reference to—

(a) 20any other provision of the withdrawal agreement so far as
relating to the Protocol, and

(b) any provision of EU law which is applied by, or referred to
in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the
25Protocol (which provides that the United Kingdom and the Republic
of Ireland may continue to make new arrangements that build on the
provisions of the Belfast Agreement in other areas of North-South
cooperation on the island of Ireland).

11N No power to make provision outside devolved competence

(1) 30No provision may be made by a devolved authority acting alone in
regulations under this Part unless the provision is within the
devolved competence of the devolved authority.

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

11O 35Certain requirements for consent, joint exercise or consultation

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

11P Meaning of devolved competence: Part 1C

A provision is within the devolved competence of the Scottish
40Ministers for the purposes of this Part if—

(a) it 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), or

European Union (Withdrawal Agreement) BillPage 27

(b) it is provision which could be made in other subordinate
legislation by 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).

5A provision is within the devolved competence of the Welsh
Ministers for the purposes of this Part if—

(a) it would be within the legislative competence of the National
Assembly for Wales if it were contained in an Act of the
Assembly (ignoring section 108A(2)(e) of the Government of
10Wales Act 2006 so far as relating to EU law but including any
provision that could be made only with the consent of a
Minister of the Crown), or

(b) it is provision which could be made in other subordinate
legislation by the Welsh Ministers acting alone (ignoring
15section 80(8) of the Government of Wales Act 2006 so far as
relating to EU law).

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

(a) the provision, if it were contained in an Act of the Northern
20Ireland Assembly—

(i) would be within the legislative competence of the
Assembly (ignoring section 6(2)(d) of the Northern
Ireland Act 1998 so far as relating to EU law), and

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

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

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

(c) the provision is provision which could be made in other
35subordinate legislation by any Northern Ireland devolved
authority acting alone (ignoring section 24(1)(b) of the
Northern Ireland Act 1998).”

23 Protection for certain rights, safeguards etc. in Belfast Agreement

Schedule 3 contains provision about the implementation of Article 2(1) of the
40Protocol on Ireland/Northern Ireland in the withdrawal agreement.

24 No alteration of North-South co-operation

In section 10 of the European Union (Withdrawal) Act 2018 (continuation of
North-South co-operation and the prevention of new border arrangements),
after subsection (2), insert—

(3) 45A Minister of the Crown may not agree to the making of a
recommendation by the Joint Committee under Article 11(2) of the

European Union (Withdrawal Agreement) BillPage 28

Protocol on Ireland/Northern Ireland in the withdrawal agreement
(recommendations as to North-South cooperation) to—

(a) alter the arrangements for North-South co-operation as
provided for by the Belfast Agreement,

(b) 5establish a new implementation body, or

(c) alter the functions of an existing implementation body.

(4) In this section—

  • “the Belfast Agreement” has the meaning given by section 98 of
    the Northern Ireland Act 1998;

  • 10“implementation body” has the meaning given by section 55(3) of
    that Act.”

Relationship to EUWA

25 Retention of saved EU law at end of implementation period

(1) In section 2 of the European Union (Withdrawal) Act 2018 (saving for EU-
15derived domestic legislation)—

(a) in subsection (1) for “exit day”, in both places where it appears,
substitute “IP completion day”,

(b) omit subsection (2), and

(c) in subsection (3) after “incorporation)” insert “and section 5A (savings
20and incorporation: supplementary)”.

(2) In section 3 of that Act (incorporation of direct EU legislation)—

(a) in subsection (1) for “exit day”, in both places where it appears,
substitute “IP completion day”,

(b) in subsection (2)(a)—

(i) 25for “exit day” substitute “IP completion day”,

(ii) before sub-paragraph (i) insert—

(“ai) it is applicable to and in the United
Kingdom by virtue of Part 4 of the
withdrawal agreement,

(bi) 30it neither has effect nor is to have effect
by virtue of section 7A or 7B,”,

(iii) at the end of sub-paragraph (i) insert “and”, and

(iv) omit sub-paragraph (ii) and the word “and” at the end of the
sub-paragraph,

(c) 35in subsection (2)(b)—

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

(ii) before sub-paragraph (i) insert—

(“ai) it is applicable to and in the United
Kingdom by virtue of Part 4 of the
40withdrawal agreement,

(bi) it neither has effect nor is to have effect
by virtue of section 7A or 7B,”,

(d) in subsection (2)(c) for “exit day” substitute “IP completion day and so

European Union (Withdrawal Agreement) BillPage 29

far as—

(i) it is applicable to and in the United Kingdom by
virtue of Part 4 of the withdrawal agreement,
and

(ii) 5it neither has effect nor is to have effect by virtue
of section 7A or 7B”,

(e) in subsection (3) for “exit day”, wherever it appears, substitute “IP
completion day”, and

(f) in subsection (5) after “incorporation)” insert “and section 5A (savings
10and incorporation: supplementary)”.

(3) In section 4 of that Act (saving for rights etc. under section 2(1) of the ECA)—

(a) in subsection (1) for “exit day”, in both places where it appears,
substitute “IP completion day”,

(b) in subsection (2)—

(i) 15after paragraph (a) (and before the “or” at the end of the
paragraph) insert—

(aa) are, or are to be, recognised and available in
domestic law (and enforced, allowed and
followed accordingly) by virtue of section 7A or
207B,”, and

(ii) in paragraph (b) for “exit day” substitute “IP completion day”,
and

(c) in subsection (3) after “incorporation)” insert “and section 5A (savings
and incorporation: supplementary)”.

(4) 25In section 5 of that Act (exceptions to savings and incorporation)—

(a) in subsections (1) to (5) for “exit day”, wherever it appears, substitute
“IP completion day”, and

(b) after subsection (6) insert—

(7) Subsections (1) to (6) and Schedule 1 are subject to relevant
30separation agreement law (for which see section 7C).”

(5) After section 5 of that Act insert—

5A Savings and incorporation: supplementary

The fact that anything which continues to be, or forms part of, domestic
law on or after IP completion day by virtue of section 2, 3 or 4 has an
35effect immediately before IP completion day which is time-limited by
reference to the implementation period does not prevent it from having
an indefinite effect on and after IP completion day by virtue of section
2, 3 or 4.”

(6) In Schedule 1 to that Act (further provision about exceptions to savings and
40incorporation)—

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

(b) in paragraph 5(1) for “in accordance with this Act” substitute “by virtue
of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this
Act”.