Explanatory Notes

Part 3: Transitional, transitory and saving provision

587 Paragraph 63 makes technical modifications to the new provisions inserted into the Immigration Act 1971 and the UK Borders Act 2007 in order to ensure that these provisions make reference to the correct provisions within the Agreements before the end of the implementation period; and to reflect the fact that the frontier worker and healthcare categories of relevant person will not exist until the end of the implementation period.

588 Paragraph 64 specifies certain provisions of the devolution statutes as not applying to the making of regulations under section 12, 13 or 14. It makes clear that section 56(2) of the Scotland Act 1998, Section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to the making of regulations under certain sections of the EU (Withdrawal) Act 2018.

589 Paragraph 65 is a saving provision in relation to the repeals in section 36(e) and (f). It saves the amendments made by section 2 of the European Union (Withdrawal) Act 2019 and section 4 of the European Union (Withdrawal) (No. 2) Act 2019 to section 20(4) of the EU (Withdrawal) Act 2018, which provides for regulations to be made amending the definition of exit day.

590 Paragraph 66(1) makes clear that powers inserted into the EU (Withdrawal) Act 2018 by this Bill, do not affect the scope of other powers in the Act. Paragraph 66(2) makes clear that the modifications made by the Bill to powers to make regulations in the EU (Withdrawal) Act 2018 do not affect the validity of any regulations made under those powers before the coming into force of the modifications. This makes clear that these regulations will not be impliedly revoked due to the power changing. Paragraph 66(3) makes clear that this is subject to transitional, transitory or saving provisions made under the powers in clause 41(5) of the Bill and section 23(6) of the EU (Withdrawal) Act 2018.

591 Paragraph 67 makes clear that regulations made under paragraph 1(3) or 3(2) of this Schedule before the powers are sunset one year after IP completion day will remain in force after this time, although regulations cannot be made under these powers after that date.

592 Paragraph 68(1) provides that the power to make transitional, transitory or saving provision under section 23(6) of the EU (Withdrawal) Act 2018 includes the power to make such provision as the Minister considers appropriate in connection with the coming into force of any provision of that Act as modified by this Bill. Paragraph 68(3) clarifies that this includes modifications to provisions of the EU (Withdrawal) Act 2018 which make amendments to other legislation.

593 Paragraph 68(2) makes clear that this does not limit the power to make transitional, transitory or saving provision under clause 41(5) of this Bill. It also makes clear that the power under section 25(4) of the EU (Withdrawal) Act 2018 to bring into force provisions of that Act does not apply to modifications made to that Act by this Bill.

 

Prepared 19th December 2019