Explanatory Notes

Part 1: Procedure

491 Part 1 of this Schedule sets out the parliamentary procedures attaching to the regulations laid under the various powers in the Bill.

492 Sub-paragraphs 1(1) and (2) set out the procedures for regulations under clause 7 (rights related to residence: deadline for applications and temporary protection); clause 8 (frontier workers); and clause 9 (restrictions of rights of entry and residence). Sub-paragraph 1(1) provides that the first regulations under clause 7 (1)(b) to (g), 8(1), or 9, and regulations under clause 7, 8 or 9 which amend repeal or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (2) provides that any other regulations made under clause 7, 8 or 9 shall be subject to the negative resolution procedure.

493 Sub-paragraph 2(1) sets out the procedure that will apply to the first regulations made under clause 11 (appeals against citizens’ rights immigration decisions). The procedure that shall apply to the first set of regulations made under clause 11 is the made affirmative procedure. Sub-paragraph (2) provides that subsequent regulations made under clause 11 that amend repeal or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (3) provides that any other regulation made under clause 11 is subject to the negative resolution procedure. Sub-paragraphs (4) and (5) set out in further detail the operation of the made affirmative procedure.

494 Sub-paragraphs 3(1) and (2) set out the procedures that apply to regulations made by a Minister of the Crown under clause 12 (recognition of professional qualifications); clause 13 (co-ordination of social security systems); and clause 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (1) provides that regulations made by a Minister of the Crown under clauses 12, 13, or 14 that amend, repeal or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (2) provides that any other regulations made by a Minister of the Crown under clauses 12, 13, or 14 are subject to the negative resolution procedure.

495 Sub-paragraphs (3) and (4) set out the procedures that apply to regulations made by a Scottish Minister under clause 12 (recognition of professional qualifications); clause 13 (co-ordination of social security systems); and clause 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (3) provides that regulations made by a Scottish Minister under clause 12, 13, or 14 that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (4) provides that other regulations made by a Scottish Minister under clause 12, 13, or 14 are subject to the negative resolution procedure.

496 Sub-paragraphs (5) and (6) set out the procedures that apply to regulations made by a Welsh Minister under clause 12 (recognition of professional qualifications); clause 13 (co-ordination of social security systems); and clause 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (5) provides that regulations made by a Welsh Minister under clause 12, 13, or 14 that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (6) provides that other regulations made by a Welsh Minister under section 12, 13, or 14 are subject to the negative resolution procedure.

497 Sub-paragraphs (7) and (8) set out the procedures that apply to regulations made by a Northern Ireland department under clause 12 (recognition of professional qualifications); clause 13 (co-ordination of social security systems); and clause 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (7) provides that regulations made by a Northern Ireland department under clause 12, 13, or 14 that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (8) provides that other regulations made by a Northern Ireland department under clause 12, 13, or 14 are subject to the negative resolution procedure.

498 Paragraph 4 sets out the procedures that apply to regulations made under clause 12 (recognition of professional qualifications); clause 13 (co-ordination of social security systems); and clause 14 (non-discrimination, equal treatment and rights of workers etc) by a Minister of the Crown acting jointly with a devolved authority. Paragraph 4 provides that regulations made by a Minister of the Crown acting jointly with a devolved authority that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Any other regulations made jointly are subject to the negative resolution procedure. Equivalent affirmative and negative procedures in the devolved legislatures are applicable to the devolved authorities..

499 Paragraph 5 sets out the procedure that applies to regulations made under clause 39(4) to amend the definition of ‘IP completion day’. Regulations made under this power for any amendments required to IP completion day to take account of changes to EU summertime arrangements are subject to the negative resolution procedure.

500 Paragraph 6 establishes that regulations made under clause 39(1) for consequential provision are to be made under the negative procedure.

501 Paragraph 7 sets out the procedure that applies to regulations made under paragraph 39 or 40 of Schedule 2 (removal of IMA’s functions), which is the draft affirmative procedure.

502 Paragraph 8 applies to the power in paragraph 1(3) of Schedule 5 of the Bill which allows a Minister of the Crown or devolved authority to make exceptions from the mass deferral. Where a Minister of the Crown, the Scottish Ministers, Welsh Ministers or a Northern Ireland department are exercising these powers before exit day, the regulations will be subject to no procedure. Where the powers are being exercised on or after exit day, the regulations will be subject to the negative procedure.

503 Paragraph 9 applies to the power in paragraph 1(3) of Schedule 5 of the Bill where it is being exercised jointly by a Minister of the Crown and a devolved authority. Where the powers are exercised jointly before exit day, the regulations will be subject to no procedure. Where the powers are being exercised jointly on or after exit day, the regulations will be subject to the negative procedure.

504 Paragraph 10 sets out that regulations made by Scottish Ministers, Welsh Ministers or Northern Ireland departments under paragraph 3(2) of Schedule 5 are subject to the negative procedure in the respective legislatures.

 

Prepared 19th December 2019