European Union (Withdrawal) Bill (HL Bill 79)

(b) provide for the admissibility in any legal proceedings of specified
evidence of—

(i) a relevant matter, or

(ii) instruments or documents issued by or in the custody of an
5EU entity.

(2) Regulations under sub-paragraph (1)(b) may provide that evidence is
admissible only where specified conditions are met (for example, conditions
as to certification of documents).

(3) Regulations under this paragraph may modify any provision made by or
10under an enactment.

(4) In sub-paragraph (3) “enactment” does not include primary legislation
passed or made after the end of the Session in which this Act is passed.

(5) For the purposes of this paragraph each of the following is a “relevant
matter”—

(a) 15retained EU law,

(b) EU law,

(c) the EEA agreement, and

(d) anything which is specified in the regulations and which relates to a
matter mentioned in paragraph (a), (b) or (c).

Section 14(1)

20SCHEDULE 6 Instruments which are exempt EU instruments

EU decisions

1 (1) An EU decision is “an exempt EU instrument” so far as it is, in accordance
with a relevant Protocol, not applicable to the United Kingdom immediately
25before exit day.

(2) If any decision under Title V or former Title V of the Treaty on European
Union is a decision within the meaning of Article 288 of the Treaty on the
Functioning of the European Union (and accordingly falls within the
definition of “EU decision” in section 14(1)), it is “an exempt EU instrument”.

(3) 30In sub-paragraph (2), the reference to former Title V of the Treaty on
European Union is a reference to that Title as it had effect at any time before
the coming into force of the Treaty of Lisbon.

EU regulations

2 An EU regulation is “an exempt EU instrument” so far as it is, in accordance
35with a relevant Protocol, not applicable to the United Kingdom immediately
before exit day.

EU tertiary legislation

3 EU tertiary legislation is “an exempt EU instrument” so far as it is made
under—

(a) an EU decision or EU regulation which is an exempt EU instrument,
or

(b) an EU directive so far as it is, in accordance with a relevant Protocol,
not applicable to the United Kingdom immediately before exit day.

5Interpretation

4 The following are “relevant Protocols” for the purposes of this Schedule—

(a) Protocol 15 to the Treaty on European Union and the Treaty on the
Functioning of the European Union (protocol on certain provisions
relating to the United Kingdom);

(b) 10Protocol 19 to the Treaty on European Union and the Treaty on the
Functioning of the European Union (protocol on the Schengen acquis
integrated into the framework of the European Union);

(c) the former Protocol integrating the Schengen acquis into the
framework of the European Union annexed, in accordance with the
15Treaty of Amsterdam, to the Treaty on European Union and the
Treaty establishing the European Community;

(d) Protocol 21 to the Treaty on European Union and the Treaty on the
Functioning of the European Union (protocol on the position of the
United Kingdom and Ireland in respect of the area of freedom,
20security and justice);

(e) the former Protocol on the position of the United Kingdom and
Ireland annexed, in accordance with the Treaty of Amsterdam, to the
Treaty on European Union and the Treaty establishing the European
Community (protocol in respect of Title IV of Part 3 of the Treaty
25establishing the European Community);

(f) Article 10 of Title VII of Protocol 36 to the Treaty on European Union
and the Treaty on the Functioning of the European Union
(transitional provision with respect to acts of the Union in the field of
police co-operation and judicial co-operation in criminal matters
30adopted before the coming into force of the Treaty of Lisbon).

Section 16

SCHEDULE 7 Regulations

Part 1 Scrutiny of powers to deal with deficiencies

35Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

1 (1) A statutory instrument containing regulations under section 7(1) which
contain provision falling within sub-paragraph (2) may not be made unless
a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(2) 40Provision falls within this sub-paragraph if it—

(a) establishes a public authority in the United Kingdom,

(b) provides for any function of an EU entity or public authority in a
member State to be exercisable instead by a public authority in the

United Kingdom established by regulations under section 7, 8 or 9 or
Schedule 2,

(c) provides for any function of an EU entity or public authority in a
member State of making an instrument of a legislative character to be
5exercisable instead by a public authority in the United Kingdom,

(d) imposes, or otherwise relates to, a fee in respect of a function
exercisable by a public authority in the United Kingdom,

(e) creates, or widens the scope of, a criminal offence, or

(f) creates or amends a power to legislate.

(3) 10Any other statutory instrument containing regulations under section 7(1) is
(if a draft of the instrument has not been laid before, and approved by a
resolution of, each House of Parliament) subject to annulment in pursuance
of a resolution of either House of Parliament.

(4) See paragraph 3 for restrictions on the choice of procedure under sub-
15paragraph (3).

(5) A statutory instrument containing regulations under section 7(3)(b)
(including as applied by paragraph 1(3) of Schedule 2) may not be made
unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(6) 20Regulations under Part 1 of Schedule 2 of the Scottish Ministers which
contain provision falling within sub-paragraph (2) are subject to the
affirmative procedure (see section 29 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (asp 10)).

(7) Any other regulations under Part 1 of Schedule 2 of the Scottish Ministers
25are (if they have not been subject to the affirmative procedure) subject to the
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010).

(8) A statutory instrument containing regulations under Part 1 of Schedule 2 of
the Welsh Ministers which contain provision falling within sub-paragraph
30(2) may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, the National Assembly for Wales.

(9) Any other statutory instrument containing regulations under Part 1 of
Schedule 2 of the Welsh Ministers is (if a draft of the instrument has not been
laid before, and approved by a resolution of, the National Assembly for
35Wales) subject to annulment in pursuance of a resolution of the Assembly.

(10) Regulations under Part 1 of Schedule 2 of a Northern Ireland department
which contain provision falling within sub-paragraph (2) may not be made
unless a draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.

(11) 40Any other regulations under Part 1 of Schedule 2 of a Northern Ireland
department are (if a draft of the regulations has not been laid before, and
approved by a resolution of, the Northern Ireland Assembly) subject to
negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 as if they were a statutory instrument within the
45meaning of that Act.

(12) This paragraph—

(a) does not apply to regulations to which paragraph 2 applies, and

(b) is subject to paragraph 4.

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

2 (1) This paragraph applies to regulations under Part 1 of Schedule 2 of a
Minister of the Crown acting jointly with a devolved authority.

(2) 5The procedure provided for by sub-paragraph (3) or (4) applies in relation to
regulations to which this paragraph applies as well as any other procedure
provided for by this paragraph which is applicable in relation to the
regulations concerned.

(3) A statutory instrument containing regulations to which this paragraph
10applies which contain provision falling within paragraph 1(2) may not be
made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.

(4) Any other statutory instrument containing regulations to which this
paragraph applies is (if a draft of the instrument has not been laid before,
15and approved by a resolution of, each House of Parliament) subject to
annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations to which this paragraph applies which are made jointly with the
Scottish Ministers and contain provision falling within paragraph 1(2) are
subject to the affirmative procedure.

(6) 20Any other regulations to which this paragraph applies which are made
jointly with the Scottish Ministers are (if they have not been subject to the
affirmative procedure) subject to the negative procedure.

(7) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10) (affirmative procedure) applies in relation to regulations to which
25sub-paragraph (5) or (6) applies and which are subject to the affirmative
procedure as it applies in relation to devolved subordinate legislation
(within the meaning of Part 2 of that Act) which is subject to the affirmative
procedure (but as if references to a Scottish statutory instrument were
references to a statutory instrument).

(8) 30Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10) (negative procedure etc.) apply in relation to
regulations to which sub-paragraph (6) applies and which are subject to the
negative procedure as they apply in relation to devolved subordinate
legislation (within the meaning of Part 2 of that Act) which is subject to the
35negative procedure (but as if references to a Scottish statutory instrument
were references to a statutory instrument).

(9) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010
(laying) applies in relation to the laying before the Scottish Parliament of a
statutory instrument containing regulations to which sub-paragraph (5) or
40(6) applies as it applies in relation to the laying before that Parliament of a
Scottish statutory instrument (within the meaning of Part 2 of that Act).

(10) A statutory instrument containing regulations to which this paragraph
applies which are made jointly with the Welsh Ministers and contain
provision falling within paragraph 1(2) may not be made unless a draft of
45the instrument has been laid before, and approved by a resolution of, the
National Assembly for Wales.

(11) Any other statutory instrument containing regulations to which this
paragraph applies which are made jointly with the Welsh Ministers is (if a
draft of the instrument has not been laid before, and approved by a
resolution of, the National Assembly for Wales) subject to annulment in
5pursuance of a resolution of the Assembly.

(12) Regulations to which this paragraph applies which are made jointly with a
Northern Ireland department and contain provision falling within
paragraph 1(2) may not be made unless a draft of the regulations has been
laid before, and approved by a resolution of, the Northern Ireland
10Assembly.

(13) Any other regulations to which this paragraph applies which are made
jointly with a Northern Ireland department are (if a draft of the regulations
has not been laid before, and approved by a resolution of, the Northern
Ireland Assembly) subject to negative resolution within the meaning of
15section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were
a statutory instrument within the meaning of that Act.

(14) If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a) either House of Parliament resolves that an address be presented to
Her Majesty praying that an instrument be annulled, or

(b) 20a relevant devolved legislature resolves that an instrument be
annulled,

nothing further is to be done under the instrument after the date of the
resolution and Her Majesty may by Order in Council revoke the instrument.

(15) In sub-paragraph (14) “relevant devolved legislature” means—

(a) 25in the case of regulations made jointly with the Scottish Ministers, the
Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh Ministers, the
National Assembly for Wales, and

(c) in the case of regulations made jointly with a Northern Ireland
30department, the Northern Ireland Assembly.

(16) Sub-paragraph (14) does not affect the validity of anything previously done
under the instrument or prevent the making of a new instrument.

(17) Sub-paragraphs (14) and (15) apply in place of provision made by any other
enactment about the effect of such a resolution.

35Parliamentary committee to sift certain regulations involving Minister of the Crown

3 (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make a
statutory instrument to which paragraph 1(3) applies is of the opinion that
the appropriate procedure for the instrument is for it to be subject to
annulment in pursuance of a resolution of either House of Parliament.

(2) 40The Minister may not make the instrument so that it is subject to that
procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s
opinion the instrument should be subject to annulment in pursuance
of a resolution of either House of Parliament, and

(b) has laid before the House of Commons—

(i) 5a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for
the Minister’s opinion.

(4) Condition 2 is that a committee of the House of Commons charged with
doing so has made a recommendation as to the appropriate procedure for
10the instrument.

(5) Condition 3 is that the period of 10 sitting days beginning with the first
sitting day after the day on which the draft instrument was laid before the
House of Commons as mentioned in sub-paragraph (3) has ended without
any recommendation being made as mentioned in sub-paragraph (4).

(6) 15In sub-paragraph (5) “sitting day” means a day on which the House of
Commons sits.

(7) Nothing in this paragraph prevents a Minister of the Crown from deciding
at any time before a statutory instrument to which paragraph 1(3) applies is
made that another procedure should apply in relation to the instrument
20(whether under paragraph 1(3) or 4).

(8) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for
certain instruments laid in draft before Parliament) does not apply in
relation to any statutory instrument to which this paragraph applies.

Scrutiny procedure in certain urgent cases

4 (1) 25Sub-paragraph (2) applies to—

(a) a statutory instrument to which paragraph 1(1) applies, or

(b) a statutory instrument to which paragraph 1(3) applies which would
not otherwise be made without a draft of the instrument being laid
before, and approved by a resolution of, each House of Parliament.

(2) 30The instrument may be made without a draft of the instrument being laid
before, and approved by a resolution of, each House of Parliament if it
contains a declaration that the Minister of the Crown concerned is of the
opinion that, by reason of urgency, it is necessary to make the regulations
without a draft being so laid and approved.

(3) 35After an instrument is made in accordance with sub-paragraph (2), it must
be laid before each House of Parliament.

(4) Regulations contained in an instrument made in accordance with sub-
paragraph (2) cease to have effect at the end of the period of one month
beginning with the day on which the instrument is made unless, during that
40period, the instrument is approved by a resolution of each House of
Parliament.

(5) In calculating the period of one month, no account is to be taken of any time
during which—

(a) Parliament is dissolved or prorogued, or

(b) 45either House of Parliament is adjourned for more than four days.

(6) If regulations cease to have effect as a result of sub-paragraph (4), that does
not—

(a) affect the validity of anything previously done under the
regulations, or

(b) 5prevent the making of new regulations.

(7) Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3)
applies where the Minister of the Crown who is to make the instrument is of
the opinion that the appropriate procedure for the instrument is for it to be
subject to annulment in pursuance of a resolution of either House of
10Parliament.

(8) Paragraph 3 does not apply in relation to the instrument if the instrument
contains a declaration that the Minister is of the opinion that, by reason of
urgency, it is necessary to make the regulations without meeting the
requirements of that paragraph.

15Part 2 Scrutiny of other powers under Act

Power to enable challenges to validity of retained EU law

5 (1) A statutory instrument containing regulations under paragraph 1(2)(b) of
Schedule 1 may not be made unless a draft of the instrument has been laid
20before, and approved by a resolution of, each House of Parliament.

(2) This paragraph is subject to paragraph 14.

Power to implement international obligations

6 (1) A statutory instrument containing regulations under section 8 which
contain provision falling within sub-paragraph (2) may not be made unless
25a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(2) Provision falls within this sub-paragraph if it—

(a) establishes a public authority in the United Kingdom,

(b) provides for any function of an EU entity or public authority in a
30member State to be exercisable instead by a public authority in the
United Kingdom established by regulations under section 7, 8 or 9 or
Schedule 2,

(c) provides for any function of an EU entity or public authority in a
member State of making an instrument of a legislative character to be
35exercisable instead by a public authority in the United Kingdom,

(d) imposes, or otherwise relates to, a fee or charge in respect of a
function exercisable by a public authority in the United Kingdom,

(e) creates, or widens the scope of, a criminal offence, or

(f) creates or amends a power to legislate.

(3) 40Any other statutory instrument containing regulations under section 8 is (if
a draft of the instrument has not been laid before, and approved by a
resolution of, each House of Parliament) subject to annulment in pursuance
of a resolution of either House of Parliament.

(4) See paragraph 13 for restrictions on the choice of procedure under sub-
paragraph (3).

(5) Paragraphs 1(6) to (12)(a) and 2 apply to regulations under Part 2 of
Schedule 2 as they apply to regulations under Part 1 of that Schedule except
5that any reference to provision falling within paragraph 1(2) is to be read as
a reference to any provision falling within sub-paragraph (2) above.

(6) This paragraph is subject to paragraph 14.

Power to implement withdrawal agreement

7 (1) A statutory instrument containing regulations under section 9 which
10contain provision falling within sub-paragraph (2) may not be made unless
a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(2) Provision falls within this sub-paragraph if it—

(a) establishes a public authority in the United Kingdom,

(b) 15provides for any function of an EU entity or public authority in a
member State to be exercisable instead by a public authority in the
United Kingdom established by regulations under section 7, 8 or 9 or
Schedule 2,

(c) provides for any function of an EU entity or public authority in a
20member State of making an instrument of a legislative character to be
exercisable instead by a public authority in the United Kingdom,

(d) imposes, or otherwise relates to, a fee in respect of a function
exercisable by a public authority in the United Kingdom,

(e) creates, or widens the scope of, a criminal offence,

(f) 25creates or amends a power to legislate, or

(g) amends this Act.

(3) Any other statutory instrument containing regulations under section 9 is (if
a draft of the instrument has not been laid before, and approved by a
resolution of, each House of Parliament) subject to annulment in pursuance
30of a resolution of either House of Parliament.

(4) See paragraph 13 for restrictions on the choice of procedure under sub-
paragraph (3).

(5) Paragraphs 1(6) to (12)(a) and 2 apply to regulations under Part 3 of
Schedule 2 as they apply to regulations under Part 1 of that Schedule except
35that any reference to provision falling within paragraph 1(2) is to be read as
a reference to any provision falling within sub-paragraph (2) above.

(6) This paragraph is subject to paragraph 14.

Powers in connection with fees and charges

8 (1) A statutory instrument containing regulations of a Minister of the Crown
40under paragraph 1 of Schedule 4 which contain provision falling within sub-
paragraph (2) may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

(2) Provision falls within this sub-paragraph if it—

(a) imposes a fee or charge in respect of a function exercisable by a
public authority (unless it is modifying a fee or charge already
payable in respect of that function under regulations under
paragraph 1 of Schedule 4), or

(b) 5confers a power as mentioned in sub-paragraph (3)(c) of that
paragraph.

(3) Any other statutory instrument containing regulations under Schedule 4 of
a Minister of the Crown is (if a draft of the instrument has not been laid
before, and approved by a resolution of, each House of Parliament) subject
10to annulment in pursuance of a resolution of either House of Parliament.

(4) Paragraphs 1(6) to (12)(a) and 2 apply to regulations under Schedule 4 as
they apply to regulations under Part 1 of Schedule 2 except that any
reference to provision falling within paragraph 1(2) is to be read as a
reference to any provision made under paragraph 1 of Schedule 4 falling
15within sub-paragraph (2) above.

(5) This paragraph is subject to paragraph 14.

Power to make provision about publication and rules of evidence

9 A statutory instrument containing regulations under paragraph 4 of
Schedule 5 may not be made unless a draft of the instrument has been laid
20before, and approved by a resolution of, each House of Parliament.

Power to amend the definition of “exit day”

10 A statutory instrument containing regulations under section 14(4) may not
be made unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament.

25Power to make consequential provision

11 A statutory instrument containing regulations under section 17(1) is subject
to annulment in pursuance of a resolution of either House of Parliament.

Power to make transitional, transitory or saving provision

12 (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make
30regulations under section 17(5) considers that—

(a) it is not appropriate for the statutory instrument containing them to
be subject to no parliamentary procedure, and

(b) it is appropriate for that statutory instrument to be subject to the
parliamentary procedure in sub-paragraph (2).

(2) 35The statutory instrument containing the regulations may not be made unless
a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.

(3) Sub-paragraph (4) applies if a Minister of the Crown who is to make
regulations under section 17(5) considers that—

(a) 40it is not appropriate for the statutory instrument containing them to
be subject to no parliamentary procedure, and

(b) it is appropriate for that statutory instrument to be subject to the
parliamentary procedure in sub-paragraph (4).

(4) The statutory instrument containing the regulations is subject to annulment
in pursuance of a resolution of either House of Parliament.

Parliamentary committee to sift certain regulations involving Minister of the Crown

13 (1) Sub-paragraph (2) applies if a Minister of the Crown who is to make a
5statutory instrument to which paragraph 6(3) or 7(3) applies is of the opinion
that the appropriate procedure for the instrument is for it to be subject to
annulment in pursuance of a resolution of either House of Parliament.

(2) The Minister may not make the instrument so that it is subject to that
procedure unless—

(a) 10condition 1 is met, and

(b) either condition 2 or 3 is met.

(3) Condition 1 is that a Minister of the Crown—

(a) has made a statement in writing to the effect that in the Minister’s
opinion the instrument should be subject to annulment in pursuance
15of a resolution of either House of Parliament, and

(b) has laid before the House of Commons—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for
the Minister’s opinion.

(4) 20Condition 2 is that a committee of the House of Commons charged with
doing so has made a recommendation as to the appropriate procedure for
the instrument.

(5) Condition 3 is that the period of 10 sitting days beginning with the first
sitting day after the day on which the draft instrument was laid before the
25House of Commons as mentioned in sub-paragraph (3) has ended without
any recommendation being made as mentioned in sub-paragraph (4).

(6) In sub-paragraph (5) “sitting day” means a day on which the House of
Commons sits.

(7) Nothing in this paragraph prevents a Minister of the Crown from deciding
30at any time before a statutory instrument to which paragraph 6(3) or 7(3)
applies is made that another procedure should apply in relation to the
instrument (whether under that paragraph or paragraph 14).

(8) Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for
certain instruments laid in draft before Parliament) does not apply in
35relation to any statutory instrument to which this paragraph applies.

Scrutiny procedure in certain urgent cases

14 (1) Sub-paragraph (2) applies to—

(a) a statutory instrument to which paragraph 5(1), 6(1), 7(1) or 8(1)
applies, or

(b) 40a statutory instrument to which paragraph 6(3), 7(3) or 8(3) applies
which would not otherwise be made without a draft of the
instrument being laid before, and approved by a resolution of, each
House of Parliament.