European Union (Withdrawal) Bill (HL Bill 79)

Part 2 Other amendments of devolution legislation

Scotland Act 1998

4 The Scotland Act 1998 is amended as follows.

5 5In section 2 (ordinary general elections), in subsection (2A), omit paragraph
(b) and the “or” before it.

6 In section 12 (power of the Scottish Ministers to make provision about
elections), in subsection (4)(a)—

(a) omit “or the European Parliamentary Elections Act 2002”, and

(b) 10omit “, European Parliamentary elections”.

7 (1) Section 12A (power of the Secretary of State to make provision about
elections) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert “and”, and

(b) 15omit paragraph (c) and the “and” before it.

(3) In subsection (3), omit paragraph (b) and the “and” before it.

(4) In subsection (5)(a)—

(a) omit “or the European Parliamentary Elections Act 2002”, and

(b) omit “, European Parliamentary elections”.

8 20In section 32 (submission of Bills for Royal Assent), in subsection (3), omit
paragraph (b) and the “or” before it.

9 Omit section 34 (ECJ references).

10 (1) Section 36 (stages of Bills) is amended as follows.

(2) In subsection (4), omit paragraph (b) but not the “or” at the end of it.

(3) 25In subsection (5)(a), omit “, (b)”.

11 (1) Section 57 (EU law and Convention rights) is amended as follows.

(2) In the heading—

(a) omit “EU law and”, and

(b) after “rights” insert “and retained EU law”.

(3) 30Omit subsection (1).

12 (1) Section 80D (Scottish taxpayers) is amended as follows.

(2) In subsection (4)—

(a) insert “or” at the end of paragraph (a), and

(b) omit paragraph (b) and the “or” at the end of it.

(3) 35In subsection (4B), for “any of paragraphs (a) to (c)” substitute “paragraph
(a) or (c)”.

13 In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection
(2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

14 (1) Section 82 (limits on salaries of members of the Parliament) is amended as
follows.

(2) In subsection (1)—

(a) insert “or” at the end of paragraph (za), and

(b) 5omit paragraph (b) and the “or” before it.

(3) In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “(1)(za) or (a)”.

15 (1) Section 106 (power to adapt functions) is amended as follows.

(2) In subsection (5), for “an obligation under EU law” substitute “a retained EU
obligation”.

(3) 10Omit subsection (7).

16 In section 119 (Consolidated Fund etc.), omit subsection (4).

17 (1) Section 126 (interpretation) is amended as follows.

(2) Omit subsection (9).

(3) In subsection (10), omit “EU law or”.

18 15In section 127 (index of defined expressions), omit the entry for EU law.

19 (1) Schedule 4 (enactments etc. protected from modification) is amended as
follows.

(2) In paragraph 1(2)—

(a) omit paragraph (c), and

(b) 20after paragraph (f) insert “,

(g) the European Union (Withdrawal) Act 2018 (other
than paragraphs 20 to 23 of Schedule 8 to that Act and
any regulations made under that Act)”.

(3) Omit paragraph 13(1)(a).

20 (1) 25Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.

(2) In the first paragraph (d) for “with EU law” substitute “in breach of the
restriction in section 57(4)”.

(3) In paragraph (e), omit “or with EU law”.

(4) In the second sentence for the words from “the compatibility” to the end
30substitute “a compatibility issue (within the meaning given by section
288ZA(2) of the Criminal Procedure (Scotland) Act 1995)”.

21 (1) The table in paragraph 1(2) of Schedule 7 (procedure for subordinate
legislation) is amended as follows.

(2) After the entry for section 18(5) insert—

(3) After the entry for section 56(2) insert—

22 In Schedule 8 (modifications of enactments), omit paragraph 15 and the
heading before it.

5Government of Wales Act 2006

23 The Government of Wales Act 2006 is amended as follows.

24 In section 3 (ordinary general elections), in subsection (1A), omit paragraph
(b) and the “or” before it.

25 (1) Section 13A (power of the Secretary of State to make provision about the
10combination of polls) is amended as follows.

(2) In subsection (2)—

(a) insert “and” at the end of paragraph (a), and

(b) omit paragraph (c) and the “and” before it.

(3) In subsection (3), omit paragraph (b) and the “and” before it.

26 (1) 15Section 21 (limit on salaries of Assembly members) is amended as follows.

(2) In subsection (1)—

(a) insert “or” at the end of paragraph (za), and

(b) omit paragraph (b) and the “or” before it.

(3) In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “(1)(za) or (a)”.

27 20In section 58A (executive ministerial functions), in subsection (4)(d), for
“obligations under EU law” substitute “retained EU obligations”.

28 Omit section 58B (implementation of EU law: general).

29 (1) Section 59 (implementation of EU law: designation of Welsh Ministers etc.)
is amended as follows.

(2) 25For the heading substitute “Fees and charges in relation to international
law”.

(3) Omit subsections (1) to (4).

(4) In subsection (5), for “in pursuance of an EU obligation etc” substitute “in
pursuance of an international obligation”.

30 30In the heading before section 80 (EU law, human rights and international
obligations etc.), before “EU” insert “Retained”.

31 (1) Section 80 (EU law) is amended as follows.

(2) In the heading, before “EU” insert “Retained”.

(3) In subsection (1), for “An EU obligation” substitute “A retained EU
35obligation”.

(4) In subsection (2), for “an EU obligation” substitute “a retained EU
obligation”.

(5) In subsection (3)—

(a) for “an EU obligation” substitute “a retained EU obligation”, and

(b) for “the EU obligation” substitute “the retained EU obligation”.

(6) In subsection (7)—

(a) 5for “an EU obligation” substitute “a retained EU obligation”, and

(b) for “the EU obligation” substitute “the retained EU obligation”.

(7) In subsection (9), after “(8)” insert “to (8B)”.

32 In section 111 (proceedings on Bills), in subsection (6), omit paragraph (b)
but not the “or” at the end of it.

33 10Omit section 113 (ECJ references).

34 In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the
“or” before it.

35 (1) Section 116E (Welsh taxpayers) is amended as follows.

(2) In subsection (4)—

(a) 15insert “or” at the end of paragraph (a), and

(b) omit paragraph (b) and the “or” at the end of it.

(3) In subsection (6), for “any of paragraphs (a) to (c)” substitute “paragraph (a)
or (c)”.

36 In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection
20(2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

37 In section 158(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

38 In section 159 (index of defined expressions), omit the entry for EU law.

39 25In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph
5 and the heading before it (EU obligations).

40 In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

(a) omit the entry for the European Communities Act 1972, and

(b) after the entry for the Energy Act 2008 insert—

41 In Schedule 11 (transitional provisions), omit paragraph 35A and the
heading before it (instrument containing provisions under transferred
power and provision under power in section 2(2) of the European
35Communities Act 1972: Assembly procedure).

Northern Ireland Act 1998

42 The Northern Ireland Act 1998 is amended as follows.

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

(2) In subsection (1)—

(a) for “subsection (2)” substitute “subsection (2A)”,

(b) omit paragraph (a),

(c) omit “and” at the end of paragraph (c), and

(d) 5after paragraph (d) insert “, and

(e) the European Union (Withdrawal) Act 2018”.

(3) Omit subsection (2).

(4) Before subsection (3) insert—

“(2A) Subsection (1) does not prevent an Act of the Assembly or
10subordinate legislation modifying—

(a) paragraph 1(10) or (11) or 2(12) or (13) of Schedule 7 to the
European Union (Withdrawal) Act 2018,

(b) paragraph 10 of Schedule 8 to that Act, or

(c) any regulations made under that Act.”

44 15Omit section 12 (reconsideration where reference made to ECJ).

45 In section 13 (stages of Bills), omit subsection (5)(b).

46 In section 14 (submission of Bills by the Secretary of State for Royal Assent),
in subsection (3), omit paragraph (b) and the “or” before it.

47 In the heading of section 24 (EU law, Convention rights etc.)—

(a) 20omit “EU law,”, and

(b) after “rights” insert “, retained EU law”.

48 (1) Section 27 (quotas for purposes of international etc. obligations) is amended
as follows.

(2) In subsection (1)(a), for “an obligation under EU law” substitute “a retained
25EU obligation”.

(3) In subsection (2), for “obligation under EU law” substitute “retained EU
obligation”.

(4) In subsection (4), omit “or an obligation under EU law”.

(5) After that subsection insert—

“(4A) 30Where an order under subsection (1) is in force in relation to a
retained EU obligation, the Minister or Northern Ireland department
must (in the exercise of the Minister’s or the department’s functions)
achieve so much of the result to be achieved under the obligation as
is specified in the order by the time or times so specified.”

49 35In section 98(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

50 (1) Schedule 2 (excepted matters) is amended as follows.

(2) In paragraph 3(c), for “, obligations under the Human Rights Convention
40and obligations under EU law” substitute “and obligations under the
Human Rights Convention”.

(3) In paragraph 12(1), omit “, the European Parliament”.

51 In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “,
any obligation” to “such an obligation”.

Section 12(1)

SCHEDULE 4 Powers in connection with fees and charges

5Part 1 Charging in connection with certain new functions

Power to provide for fees or charges

1 (1) An appropriate authority may by regulations make provision for, or in
connection with, the charging of fees or other charges in connection with the
10exercise of a function (“the relevant function”) which a public authority has
by virtue of provision made under—

(a) section 7 or Part 1 of Schedule 2 (powers to deal with deficiencies
arising from withdrawal),

(b) section 8 or Part 2 of Schedule 2 (powers relating to compliance with
15international obligations), or

(c) section 9 or Part 3 of Schedule 2 (powers to implement the
withdrawal agreement).

(2) Where there is more than one appropriate authority in relation to the
relevant function, two or more of the appropriate authorities may make
20regulations under this paragraph jointly.

(3) Regulations under this paragraph may (among other things)—

(a) prescribe the fees or charges or make provision as to how they are to
be determined;

(b) provide for the recovery or disposal of any sums payable under the
25regulations;

(c) confer power on the public authority to make, by subordinate
legislation, any provision that the appropriate authority may make
under this paragraph in relation to the relevant function.

Meaning of “appropriate authority”

2 (1) 30A Minister of the Crown is an “appropriate authority” for the purposes of
paragraph 1.

(2) The Scottish Ministers are an “appropriate authority” for the purposes of
paragraph 1—

(a) if the Scottish Ministers (whether acting jointly or alone) made the
35provision, as mentioned in paragraph 1(1), by virtue of which the
public authority has the relevant function,

(b) if the relevant function is a function of the Scottish Ministers, the First
Minister or the Lord Advocate, or

(c) if the provision by virtue of which the public authority has the
40relevant function, if it were included in an Act of the Scottish
Parliament, would be within the legislative competence of that

Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far
as relating to EU law and retained EU law).

(3) The Welsh Ministers are an “appropriate authority” for the purposes of
paragraph 1—

(a) 5if the Welsh Ministers (whether acting jointly or alone) made the
provision, as mentioned in paragraph 1(1), by virtue of which the
public authority has the relevant function,

(b) if the relevant function is a function of the Welsh Ministers, or

(c) if the provision by virtue of which the public authority has the
10relevant function, if it were included in an Act of the National
Assembly for Wales, would be within the legislative competence of
that Assembly (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 consent of a
15Minister of the Crown).

(4) A Northern Ireland department is an “appropriate authority” for the
purposes of paragraph 1—

(a) if a Northern Ireland department (whether acting jointly or alone)
made the provision, as mentioned in paragraph 1(1), by virtue of
20which the public authority has the relevant function,

(b) if the relevant function is a function of a Northern Ireland devolved
authority, or

(c) if the provision by virtue of which the public authority has the
relevant function, if it were included in an Act of the Northern
25Ireland Assembly—

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

(ii) would not require the consent of the Secretary of State.

30Requirements for consent

3 (1) A Minister of the Crown may only make regulations under paragraph 1 with
the consent of the Treasury.

(2) A devolved authority may only make regulations under paragraph 1 with
the consent of a Minister of the Crown if—

(a) 35the relevant function is a function of a Minister of the Crown, or

(b) the public authority that has the relevant function—

(i) in the case of the Scottish Ministers, has any functions that
can be exercised otherwise than in or as regards Scotland,

(ii) in the case of the Welsh Ministers, has any functions that can
40be exercised otherwise than in relation to Wales or the Welsh
zone, or

(iii) in the case of a Northern Ireland department, has any
functions that can be exercised otherwise than in or as
regards Northern Ireland and is not an implementation body.

(3) 45In sub-paragraph (2)(b)(iii) “implementation body” has the same meaning as
in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that
section).

Minister of the Crown power in relation to devolved authorities

4 A Minister of the Crown may by regulations—

(a) prescribe circumstances in which, or functions in relation to which, a
devolved authority is to be regarded as being an appropriate
5authority for the purposes of paragraph 1;

(b) provide that a devolved authority that is regarded as being an
appropriate authority under regulations made under paragraph (a)
may only make regulations under paragraph 1, by virtue of being so
regarded, with the consent of a Minister of the Crown;

(c) 10prescribe circumstances in which, or functions in relation to which, a
devolved authority may, despite paragraph 3(2), make regulations
under paragraph 1 without the consent of a Minister of the Crown.

Relationship to other powers

5 This Part does not affect the powers under section 7, 8 or 9 or Schedule 2, or
15any other power exercisable apart from this Part, to require the payment of,
or to make other provision in relation to, fees or other charges.

Part 2 Modifying pre-exit fees or charges

Power to modify pre-exit fees or charges

6 (1) 20Sub-paragraph (2) applies where any subordinate legislation contains
provision (“the charging provision”) for, or in connection with, the charging
of fees or other charges that—

(a) was made under section 2(2) of the European Communities Act 1972,
section 56 of the Finance Act 1973 or this Part, and

(b) 25forms part of retained EU law.

(2) Any appropriate authority may by regulations make provision (“the
proposed modification”) modifying the subordinate legislation for the
purposes of—

(a) revoking the charging provision,

(b) 30altering the amount of any of the fees or charges that are to be
charged,

(c) altering how any of the fees or charges are to be determined, or

(d) otherwise altering the fees or charges that may be charged in relation
to anything in respect of which fees or charges may be charged under
35the charging provision.

Meaning of “appropriate authority”

7 In this Part an “appropriate authority” means a Minister of the Crown, or
devolved authority, that could have made the proposed modification—

(a) under section 2(2) of the European Communities Act 1972
40immediately before the repeal of that section by section 1, or

(b) under section 56 of the Finance Act 1973 immediately before the
amendment of that section by paragraph 6 of Schedule 8.

Restriction on exercise of power

8 (1) Where the charging provision consists solely of 1972 Act provision,
regulations under this Part may not impose or increase taxation.

(2) In sub-paragraph (1) “1972 Act provision” means—

(a) 5provision that is made under section 2(2) of the European
Communities Act 1972 and not under section 56 of the Finance Act
1973, including such provision as modified under this Part, or

(b) provision that is made under this Part and is incidental to, or
supplements or replaces, provision within paragraph (a).

10Requirement for consent

9 If a Minister of the Crown—

(a) is an appropriate authority, and

(b) immediately before the amendment of section 56 of the Finance Act
1973 by paragraph 6 of Schedule 8 could only have made the
15proposed modification under that section,

the Minister may only make that modification under this Part with the
consent of the Treasury.

Relationship to other powers

10 This Part does not affect the powers under section 7, 8 or 9 or Schedule 2, or
20any other power exercisable apart from this Part, to require the payment of,
or to make other provision in relation to, fees or other charges.

Section 13(1) and (2)

SCHEDULE 5 Publication and rules of evidence

Part 1 25Publication of retained direct EU legislation etc.

Copies that must or may be published

1 (1) The Queen’s printer must make arrangements for the publication of—

(a) each relevant instrument that has been published before exit day by
an EU entity, and

(b) 30the relevant international agreements.

(2) In this paragraph—

• “relevant instrument” means—

  (a)

  an EU regulation,

  (b)

  an EU decision, and

  (c)

  35EU tertiary legislation; and

• “relevant international agreements” means—

  (a)

  the Treaty on European Union,

  (b)

  the Treaty on the Functioning of the European Union,

  European Union (Withdrawal) BillPage 39

  (c)

  the Euratom Treaty, and

  (d)

  the EEA agreement.

(3) The Queen’s printer may make arrangements for the publication of—

(a) any decision of, or expression of opinion by, the European Court, or

(b) 5any other document published by an EU entity.

(4) The Queen’s printer may make arrangements for the publication of anything
which the Queen’s printer considers may be useful in connection with
anything published under this paragraph.

(5) This paragraph does not require the publication of—

(a) 10anything repealed before exit day, or

(b) any modifications made on or after exit day.

Exceptions from duty to publish

2 (1) A Minister of the Crown may create an exception from the duty under
paragraph 1(1) in respect of a relevant instrument if satisfied that it has not
15become (or will not become, on exit day) retained direct EU legislation.

(2) An exception is created by giving a direction to the Queen’s printer
specifying the instrument or category of instruments that are excepted.

(3) A Minister of the Crown must publish any direction under this paragraph.

(4) In this paragraph—

• 20“instrument” includes part of an instrument; and

• “relevant instrument” has the meaning given by paragraph 1(2).

Part 2 Rules of evidence

Questions as to meaning of EU law

3 (1) 25Where it is necessary, for the purpose of interpreting retained EU law in
legal proceedings, to decide a question as to—

(a) the meaning or effect in EU law of any of the EU Treaties or any other
treaty relating to the EU, or

(b) the validity, meaning or effect in EU law of any EU instrument,

30the question is to be treated for that purpose as a question of law.

(2) In this paragraph—

• “interpreting retained EU law” means deciding any question as to the
  validity, meaning or effect of any retained EU law; and

• “treaty” includes—

  (a)

  35any international agreement, and

  (b)

  any protocol or annex to a treaty or international agreement.

Power to make provision about judicial notice and admissibility

4 (1) A Minister of the Crown may by regulations—

(a) make provision enabling or requiring judicial notice to be taken of a
40relevant matter, or