European Union (Withdrawal) Bill Contents

Appendix 1: Some suggested amendments to give effect to our recommendations

Clause 7

Clause 7, page 5, line 3, leave out “the Minister considers appropriate” and insert “is necessary”76

Clause 7, page 6, line 27, at end insert—

“( ) Where regulations under subsection (1) confer power to legislate by subordinate instrument, the instrument is subject to the same parliamentary control and the same time limit in subsection (8) as are the regulations.”77

Schedule 8, page 64, line 33, leave out from first “time” to end of line 3478

Clause 8

Clause 8, page 6, line 34, leave out “the Minister considers appropriate” and insert “is necessary”79

Clause 8, page 6, line 40, at end insert—

“( ) impose or increase taxation,”80

Clause 8, page 7, line 2, at end insert—

“(5) Where regulations under subsection (1) confer power to legislate by subordinate instrument, the instrument is subject to the same parliamentary control and the same time limit in subsection (4) as are the regulations.”81

Clause 9

Clause 9, page 7, line 11, leave out “(including modifying this Act)”82

Schedule 4

Page 35, line 26, leave out paragraph (c)83

Page 35, line 28, at end insert—

“(4) Regulations under this paragraph may not impose or increase taxation.”84

Schedule 5

Page 39, line 18, leave out sub-paragraph (3) and insert—

“(3) Any direction given under this paragraph must be contained in regulations.”85

Schedule 7

Schedule 7, page 42, line 1, leave out from “Kingdom” to end of line 286

Schedule 7, page 46, line 31, leave out from “Kingdom” to end of line 3287

Schedule 7, page 47, line 17, leave out from “Kingdom” to end of line 1888

The sifting mechanism

Schedule 7, page 44, line 34, at end insert—

Parliamentary committees to sift regulations made under section 7, 8, 9 or 17

2A (1) This paragraph applies if a Minister of the Crown—

(a) proposes to make a statutory instrument to which paragraph 1(3),
6(3), 7(3) or 11 applies, and

(b) is of the opinion that the instrument should be subject to
annulment in pursuance of a resolution of either House of
Parliament (“the negative procedure”).

(2) Before making the instrument, the Minister must lay before both Houses of Parliament a draft of the instrument together with a memorandum setting out the reasons for the Minister’s opinion that the instrument should be subject to the negative procedure.

(3) The negative procedure applies unless within the relevant period either House of Parliament requires the affirmative procedure to apply, in which case the affirmative procedure applies.

(4) A House of Parliament is taken to have required the affirmative procedure to apply within the relevant period if—

(a) a committee of that House charged with reporting on the
instrument has recommended, within the period of 10 sitting
days beginning with the first sitting day after the day on which
the draft instrument was laid before that House, that the
affirmative procedure should apply, and

(b) that House has not by resolution rejected the recommendation
within a period of 5 sitting days beginning with the first sitting
day after the day on which the recommendation is made.

(5) For the purposes of this paragraph—

(a) where an instrument is subject to the affirmative procedure, it
may not be made unless the draft of the instrument laid under
sub-paragraph (2) has been approved by a resolution of each
House of Parliament,

(b) “sitting day” means, in respect of either House, a day on which
that House sits.

(6) Nothing in this paragraph prevents a Minister of the Crown from deciding, at any time before a statutory instrument mentioned in sub-paragraph (1)(a) is made, that another procedure should apply in relation to the instrument.89

(7) 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.”90

Schedule 7, page 48, line 2, leave out from “authority” to “, or” in line 491

Schedule 7, page 48, line 26, after “is” insert “(if a draft of the instrument has not been laid before and approved by a resolution of each House of Parliament)”92


76 Paragraph 12.

77 Paragraph 16.

78 Paragraph 16.

79 Paragraph 20(a).

80 Paragraph 20(c).

81 Paragraph 20(b).

82 Paragraph 23.

83 Paragraph 46.

84 Paragraph 45.

85 Paragraph 49.

86 Paragraph 52.

87 Paragraph 52.

88 Paragraph 52.

89 This would allow a Minister, who had laid a draft instrument and proposed the negative procedure, to withdraw from the process and opt for the affirmative procedure.

90 Paragraph 56.

91 Paragraph 47.

92 Paragraph 39.




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