European Union (Withdrawal) (No. 6) Bill (HL Bill 202)

1 Duties in connection with the withdrawal of the UK from the European
Union

(1) The condition in this subsection is that a Minister of the Crown has laid before
each House of Parliament a statement that the United Kingdom has concluded
5an agreement with the European Union under Article 50(2) of the Treaty on
European Union and a copy of the agreement and—

(a) the agreement has been approved by resolution of the House of
Commons on a motion moved by a Minister of the Crown, and

(b) a motion for the House of Lords to take note of the agreement has been
10tabled in the House of Lords by a Minister of the Crown and—

(i) the House of Lords has debated the motion, or

(ii) the House of Lords has not concluded a debate on the motion
before the end of the period of two Lords sitting days beginning
with the first Lords sitting day after the day on which the House
15of Commons passes the resolution mentioned in paragraph (a).

(2) The condition in this subsection is that a Minister of the Crown has laid before
each House of Parliament a statement that the United Kingdom is to leave the
European Union without an agreement having been reached under Article
50(2) of the Treaty on European Union and—

(a) 20the statement has been approved by resolution of the House of
Commons on a motion moved by a Minister of the Crown in the
following form—

“That this House approves the withdrawal of the United Kingdom
from the European Union under Article 50 of the Treaty on European
25Union on exit day, without a withdrawal agreement as defined in
section 20(1) of the European Union (Withdrawal) Act 2018”,

and

(b) a motion for the House of Lords to take note of the statement has been
tabled in the House of Lords by a Minister of the Crown and—

(i) the House of Lords has debated the motion, or

(ii) the House of Lords has not concluded a debate on the motion
5before the end of the period of two Lords sitting days beginning
with the first Lords sitting day after the day on which the House
of Commons passes the resolution mentioned in paragraph (a).

(3) If neither of the conditions in subsection (1) or subsection (2) is satisfied,
subsection (4) must be complied with no later than 19 October 2019.

(4) 10The Prime Minister must seek to obtain from the European Council an
extension of the period under Article 50(3) of the Treaty on European Union
ending at 11.00pm on 31 October 2019 by sending to the President of the
European Council a letter in the form set out in the Schedule to this Act
requesting an extension of that period to 11.00pm on 31 January 2020 in order
15to debate and pass a Bill to implement the agreement between the United
Kingdom and the European Union under Article 50(2) of the Treaty on
European Union, including provisions reflecting the outcome of inter-party
talks as announced by the Prime Minister on 21 May 2019, and in particular the
need for the United Kingdom to secure changes to the political declaration to
20reflect the outcome of those inter-party talks.

(5) If, following a request for an extension under subsection (4) but before the end
of 30 October 2019, the condition in subsection (1) or the condition in
subsection (2) is met, the Prime Minister may withdraw or modify the request.

2 Report on progress of negotiations on the United Kingdom’s relationship
25with the European Union

(1) In the event that an extension of the period under Article 50(3) of the Treaty on
European Union ending at 11.00pm on 31 October 2019 is agreed with the
European Council, the Secretary of State must, by 30 November 2019, publish
a report explaining what progress has been made in negotiations on the United
30Kingdom’s relationship with the European Union.

(2) The Secretary of State must make arrangements for—

(a) motion to the effect that the House of Commons has approved the
report, to be moved in the House of Commons by a Minister of the
Crown; and

(b) 35a motion for the House of Lords to take note of the report, to be moved
in the House of Lords by a Minister of the Crown.

(3) The motions required under subsections (2)(a) and (2)(b) must be moved in the
relevant House by a Minister of the Crown within the period of five calendar
days beginning with the end of the day on which the report is published.

(4) 40If the motion tabled in the House of Commons is rejected or amended, the
Secretary of State must, by 10 January 2020, publish a further report under
subsection (1) setting out a plan for further negotiations on the United
Kingdom’s relationship with the European Union.

(5) The Secretary of State shall make a further report under subsection (1) at least
45every 28 calendar days starting on 7 February 2020 either until an agreement
with the European Union is reached or until otherwise indicated by a
resolution of the House of Commons.

3 Duties in connection with Article 50 extension

(1) If the European Council decides to agree an extension of the period in Article
50(3) of the Treaty on European Union ending at 11.00 pm on 31 October 2019
to the period ending at 11.00pm on 31 January 2020, the Prime Minister must,
5immediately after such a decision is made, notify the President of the European
Council that the United Kingdom agrees to the proposed extension.

(2) If the European Council decides to agree an extension of the period in Article
50(3) of the Treaty on European Union ending at 11.00pm on 31 October 2019,
but to a date other than 11.00pm on 31 January 2020, the Prime Minister must,
10within a period of two days beginning with the end of the day on which the
European Council’s decision is made, or before the end of 30 October 2019,
whichever is sooner, notify the President of the European Council that the
United Kingdom agrees to the proposed extension.

(3) But subsection (2) does not apply if the House of Commons has decided not to
15pass a motion moved by a Minister of the Crown within a period of two
calendar days beginning with the end of the day on which the European
Council’s decision is made or before the end of 30 October 2019, whichever is
sooner, in the following form—

“That this House has approved the extension to the period in Article 50(3) of
20the Treaty on European Union which the European Council has decided.”

(4) Nothing in this section shall prevent the Prime Minister from agreeing to an
extension of the period specified in Article 50(3) of the Treaty on European
Union otherwise than in accordance with this section.

4 Amendment of existing provision

(1) 25In section 20(4) of the European Union (Withdrawal) Act 2018 (which provides
for regulations to be made amending the definition of exit day) for “may”
substitute “must”.

(2) Subsection (1) does not apply if the House of Commons decides to approve the
motion in section 1(2)(a) or decides not to approve the motion in section 3(3).

5 30Interpretation, commencement, extent and short title

(1) Any term used in this Act which is also defined in section 20 of the European
Union (Withdrawal) Act 2018 has the same meaning in this Act as in that Act.

(2) ‘European Council’ means the European Council acting for the purposes of
Article 50 of the Treaty on European Union.

(3) 35The provisions of this Act override any statutory or other provision which
would otherwise require the UK to leave the European Union on any specified
date.

(4) This Act extends to England and Wales, Scotland and Northern Ireland.

(5) This Act comes into force on the day on which this Act is passed.

(6) 40This Act may be cited as the European Union (Withdrawal) (No. 2) Act 2019.

Section 1

SCHEDULE Form of letter from the Prime Minister to the President of the European
Council

“Dear Mr President,

5The UK Parliament has passed the European Union (Withdrawal) (No. 2) Act
2019. Its provisions now require Her Majesty’s Government to seek an extension
of the period provided under Article 50(3) of the Treaty on European Union,
including as applied by Article 106a of the Euratom Treaty, currently due to
expire at 11.00pm GMT on 31 October 2019, until 11.00pm GMT on 31 January
102020.

I am writing therefore to inform the European Council that the United Kingdom
is seeking a further extension to the period provided under Article 50(3) of the
Treaty on European Union, including as applied by Article 106a of the Euratom
Treaty. The United Kingdom proposes that this period should end at 11.00pm
15GMT on 31 January 2020. If the parties are able to ratify before this date, the
Government proposes that the period should be terminated early.

Yours sincerely,

Prime Minister of the United Kingdom of Great Britain and Northern Ireland”