European Union (Withdrawal) Bill (HL Bill 102)

European Union (Withdrawal) BillPage 40

(4) A Minister of the Crown must provide a copy of every report laid before
Parliament under this section—

(a) to the Scottish Ministers,

(b) to the Welsh Ministers, and

(c) 5either to the First Minister in Northern Ireland and the deputy First
Minister in Northern Ireland or to the relevant Northern Ireland
department and its Northern Ireland Minister.

(5) In sub-paragraph (4) “the relevant Northern Ireland department” means
such Northern Ireland department as the Minister of the Crown concerned
10considers appropriate.

(6) This paragraph ceases to apply when no retained EU law restrictions have
effect and all the relevant powers have been repealed.

Interpretation

5 In this Part—

  • 15“appropriate authority” means—

    (a)

    the Scottish Ministers,

    (b)

    the Welsh Ministers, or

    (c)

    a Northern Ireland devolved authority;

  • “arrangement” means any enactment or other arrangement (whether or
    20not legally enforceable);

  • “relevant power” means a power to make regulations conferred by—

    (a)

    section 30A or 57(4) of the Scotland Act 1998,

    (b)

    section 80(8) or 109A of the Government of Wales Act 2006, or

    (c)

    section 6A or 24(3) of the Northern Ireland Act 1998;

  • 25“relevant regulations” means regulations made under a relevant
    power;

  • “retained EU law restriction” means any restriction which arises by
    virtue of relevant regulations.

Part 3 30Other amendments of devolution legislation

Scotland Act 1998

6 The Scotland Act 1998 is amended as follows.

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

8 35In 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) omit “, European Parliamentary elections”.

9 (1) Section 12A (power of the Secretary of State to make provision about
40elections) is amended as follows.

(2) In subsection (2)—

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

European Union (Withdrawal) BillPage 41

(b) omit 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) 5omit “, European Parliamentary elections”.

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

11 Omit section 34 (ECJ references).

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

(2) 10In subsection (4), omit paragraph (b) but not the “or” at the end of it.

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

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

(2) In the heading—

(a) omit “EU law and”, and

(b) 15after “rights” insert “and retained EU law”.

(3) Omit subsection (1).

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

(2) In subsection (4)—

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

(b) 20omit paragraph (b) and the “or” at the end of it.

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

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

16 (1) 25Section 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) omit paragraph (b) and the “or” before it.

(3) 30In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “(1)(za) or (a)”.

17 (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) Omit subsection (7).

18 35In section 119 (Consolidated Fund etc.), omit subsection (4).

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

(2) Omit subsection (9).

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

European Union (Withdrawal) BillPage 42

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

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

(2) In paragraph 1(2)—

(a) 5omit paragraph (c), and

(b) after paragraph (f) insert ,

(g) the European Union (Withdrawal) Act 2018 (other
than paragraphs 29 to 33 of Schedule 8 to that Act and
any regulations made under that Act)”.

(3) 10Omit paragraph 13(1)(a).

22 In Part 2 of Schedule 5 (specific reservations), in section C8 (product
standards, safety and liability), for the words from “Technical standards
and” to “EU law” substitute—

“The subject matter of all technical standards and requirements in
15relation to products that had effect immediately before exit day in
pursuance of an obligation under EU law.”

23 (1) Paragraph 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) 20In paragraph (e), omit “or with EU law”.

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

24 (1) The table in paragraph 1(2) of Schedule 7 (procedure for subordinate
25legislation) is amended as follows.

(2) After the entry for section 30 insert—

“Section 30A Type C”.

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

“Section 57(4) Type C”.

25 30After paragraph 5 of Schedule 7 (procedure for subordinate legislation:
special cases) insert—

6 (1) This paragraph applies where a draft of an instrument containing
regulations under section 30A or 57(4) is to be laid before each
House of Parliament.

(2) 35Before the draft is laid, the Minister of the Crown who is to make
the instrument—

(a) must make a statement explaining the effect of the
instrument, and

European Union (Withdrawal) BillPage 43

(b) in any case where the Parliament has not made a decision
to agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the
Minister has decided to lay the draft despite this,
5and

(ii) must lay before each House of Parliament any
statement provided for the purpose of this sub-
paragraph to a Minister of the Crown by the
Scottish Ministers giving the opinion of the Scottish
10Ministers as to why the Parliament has not made
that decision.

(3) A statement of a Minister of the Crown under sub-paragraph (2)
must be made in writing and be published in such manner as the
Minister making it considers appropriate.

(4) 15For the purposes of this paragraph, where a draft is laid before
each House of Parliament on different days, the earlier day is to be
taken as the day on which it is laid before both Houses.

(5) This paragraph does not apply to a draft of an instrument which
only contains regulations under section 30A or 57(4) which only
20relate to a revocation of a specification.”

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

Government of Wales Act 2006

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

28 25In section 3 (ordinary general elections), in subsection (1A), omit paragraph
(b) and the “or” before it.

29 In section 13(5) (power of the Welsh Ministers to make provision about
elections etc.)—

(a) omit paragraph (c) but not the “and” at the end of it, and

(b) 30in paragraph (d) omit “, European Parliamentary elections”.

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

(2) In subsection (2)—

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

(b) 35omit paragraph (c) and the “and” before it.

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

31 In section 16(3) (disqualification from being Assembly member) omit “(other
than the United Kingdom)”.

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

(2) 40In 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)”.

European Union (Withdrawal) BillPage 44

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

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

35 (1) Section 59 (implementation of EU law: designation of Welsh Ministers etc.)
5is amended as follows.

(2) For 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
10pursuance of an international obligation”.

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

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

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

(3) 15In subsection (1), for “An EU obligation” substitute “A retained EU
obligation”.

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

(5) In subsection (3)—

(a) 20for “an EU obligation” substitute “a retained EU obligation”, and

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

(6) In subsection (7)—

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

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

38 25In section 111 (proceedings on Bills), in subsection (6), omit paragraph (b)
but not the “or” at the end of it.

39 Omit section 113 (ECJ references).

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

41 (1) 30Section 116E (Welsh 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) In subsection (6), for “any of paragraphs (a) to (c)” substitute “paragraph (a)
35or (c)”.

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

European Union (Withdrawal) BillPage 45

43 After section 157 (orders, regulations and directions) insert—

157ZA Explanatory statements in relation to certain regulations

(1) This section applies where a draft of a statutory instrument
containing regulations under section 80(8) or 109A is to be laid before
5each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the
instrument—

(a) must make a statement explaining the effect of the
instrument, and

(b) 10in any case where the Assembly has not made a decision to
agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister
has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any
15statement provided for the purpose of this sub-
paragraph to a Minister of the Crown by the Welsh
Ministers giving the opinion of the Welsh Ministers as
to why the Assembly has not made that decision.

(3) A statement of a Minister of the Crown under subsection (2) must be
20made in writing and be published in such manner as the Minister
making it considers appropriate.

(4) For the purposes of this section, where a draft is laid before each
House of Parliament on different days, the earlier day is to be taken
as the day on which it is laid before both Houses.

(5) 25This section does not apply to a draft of an instrument which only
contains regulations under section 80(8) or 109A which only relate to
a revocation of a specification.”

44 In section 158(1) (interpretation)—

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

(b) 30in the definition of “international obligations” omit “EU law or”.

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

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

47 In Part 2 of Schedule 7A (specific reservations), in section C7 (product
35standards, safety and liability), for paragraph 77 substitute—

77 The subject matter of all technical standards and requirements in
relation to products that had effect immediately before exit day in
pursuance of an obligation under EU law.”

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

(a) 40omit the entry for the European Communities Act 1972, and

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

“The European Union
(Withdrawal) Act 2018
The whole
Act.”

European Union (Withdrawal) BillPage 46

49 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
Communities Act 1972: Assembly procedure).

5Northern Ireland Act 1998

50 The Northern Ireland Act 1998 is amended as follows.

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

(2) In subsection (1)—

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

(b) 10omit paragraph (a),

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

(d) after paragraph (d) insert ; and

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

(3) Omit subsection (2).

(4) 15Before subsection (3) insert—

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

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

(b) 20paragraph 19 of Schedule 8 to that Act, or

(c) any regulations made under that Act.”

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

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

54 In section 14 (submission of Bills by the Secretary of State for Royal Assent),
25in subsection (3), omit paragraph (b) and the “or” before it.

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

(a) omit “EU law,”, and

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

56 (1) Section 27 (quotas for purposes of international etc. obligations) is amended
30as follows.

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

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

(4) 35In subsection (4), omit “or an obligation under EU law”.

(5) After that subsection insert—

(4A) Where 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)
40achieve so much of the result to be achieved under the obligation as
is specified in the order by the time or times so specified.”

European Union (Withdrawal) BillPage 47

57 After section 96(4) (orders and regulations) insert—

(4A) Regulations under section 6A or 24(3)—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and
5approved by resolution of each House of Parliament.”

58 After section 96 (orders and regulations) insert—

96A Explanatory statements in relation to certain regulations

(1) This section applies where a draft of a statutory instrument
containing regulations under section 6A or 24(3) is to be laid before
10each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the
instrument—

(a) must make a statement explaining the effect of the
instrument, and

(b) 15in any case where the Assembly has not made a decision to
agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister
has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any
20statement provided for the purpose of this sub-
paragraph to a Minister of the Crown by a relevant
Minister giving the opinion of the relevant Minister as
to why the Assembly has not made that decision.

(3) A statement of a Minister of the Crown under subsection (2) must be
25made in writing and be published in such manner as the Minister
making it considers appropriate.

(4) For the purposes of this section, where a draft is laid before each
House of Parliament on different days, the earlier day is to be taken
as the day on which it is laid before both Houses.

(5) 30In this section “relevant Minister” means the First Minister and the
deputy First Minister acting jointly or a Northern Ireland Minister.

(6) This section does not apply to a draft of an instrument which only
contains regulations under section 6A or 24(3) which only relate to a
revocation of a specification.”

59 35In section 98(1) (interpretation)—

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

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

60 (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”.

61 In Schedule 3 (reserved matters), in paragraph 38, for the words from
“Technical” to “not” substitute “The subject matter of all technical standards

European Union (Withdrawal) BillPage 48

and requirements in relation to products that had effect immediately before
exit day in pursuance of an obligation under EU law, other than”.

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

Section 16(1)

5SCHEDULE 4 Powers in connection with fees and charges

Part 1 Charging in connection with certain new functions

Power to provide for fees or charges

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

(a) section 9 or Part 1 of Schedule 2 (powers to deal with deficiencies
15arising from withdrawal), or

(b) section 11 or Part 2 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

European Union (Withdrawal) BillPage 49

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).