Explanatory Notes

Clause 16: Regulations: supplementary

214 Subsection (1) provides that in sections 7, 8, 9 and 14, a power to make provision for the purpose of implementing an Article or Chapter or Part of the Withdrawal Agreement, EEA EFTA Separation Agreement, or Swiss Citizens’ Rights Agreement includes a power to make provision to supplement the effect of sections 7A and 7B of the EU (Withdrawal) Act 2018 in relation to that Article, Chapter, or Part.

215 Subsection (2) states that the conferral of a power on a Minister of the Crown in sections 7, 8, 9 or 11 does not affect the extent of any power of a devolved authority under sections 12, 13 or 14 which overlaps with a power under sections 7, 8, 9, or 11 by virtue of section 17(4).

216 Subsection (3) states that regulations made under the citizens’ rights provisions may not provide for the conferral of functions or the delegation of functions to a person who is not a public authority.

217 Subsection (4) defines a public authority under subsection (3) as a person carrying out functions of a public nature.

 

Prepared 19th December 2019