SCHEDULES

SCHEDULE 3Further amendments of devolution legislation and reporting requirement

Section 12(7), (8) and (12)

Part 1Corresponding provision in relation to executive competence

Scotland Act 1998

I41

In section 57 of the Scotland Act 1998 (EU law and Convention rights)—

I35a

in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with EU law) omit “or with EU law”, and

I51b

after subsection (3) insert—

4

A member of the Scottish Government has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

5

But subsection (4) does not apply—

a

so far as the modification would be within the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or

b

to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

6

A Minister of the Crown must not lay for approval before each House of the Parliament of the United Kingdom a draft of a statutory instrument containing regulations under subsection (4) unless—

a

the Scottish Parliament has made a consent decision in relation to the laying of the draft, or

b

the 40 day period has ended without the Parliament having made such a decision.

7

For the purposes of subsection (6) a consent decision is—

a

a decision to agree a motion consenting to the laying of the draft,

b

a decision not to agree a motion consenting to the laying of the draft, or

c

a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Parliament first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

8

A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (6) must—

a

provide a copy of the draft to the Scottish Ministers, and

b

inform the Presiding Officer that a copy has been so provided.

9

See also paragraph 6 of Schedule 7 (duty to make explanatory statement about regulations under subsection (4) including a duty to explain any decision to lay a draft without the consent of the Parliament).

10

No regulations may be made under subsection (4) after the end of the period of two years beginning with exit day.

11

Subsection (10) does not affect the continuation in force of regulations made under subsection (4) at or before the end of the period mentioned in subsection (10).

12

Any regulations under subsection (4) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

13

Subsections (6) to (11) do not apply in relation to regulations which only relate to a revocation of a specification.

14

The restriction in subsection (4) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a member of the Scottish Government to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

15

In this section—

  • “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Scottish Ministers,

and, in calculating that period, no account is to be taken of any time during which the Parliament is dissolved or during which it is in recess for more than four days.

Government of Wales Act 2006

I5I542

In section 80 of the Government of Wales Act 2006 (EU law) for subsection (8) (no power for the First Minister, the Counsel General or the Welsh Ministers to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law etc.) substitute—

8

The Welsh Ministers have no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

8A

But subsection (8) does not apply—

a

so far as the modification would be within the Assembly's legislative competence if it were included in an Act of the Assembly, or

b

to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

8B

No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

8C

A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—

a

the Assembly has made a consent decision in relation to the laying of the draft, or

b

the 40 day period has ended without the Assembly having made such a decision.

8D

For the purposes of subsection (8C) a consent decision is—

a

a decision to agree a motion consenting to the laying of the draft,

b

a decision not to agree a motion consenting to the laying of the draft, or

c

a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

8E

In subsection (8C)—

  • “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.

8F

A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—

a

provide a copy of the draft to the Welsh Ministers, and

b

inform the Presiding Officer that a copy has been so provided.

8G

See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the Assembly).

8H

No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.

8I

Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).

8J

Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

8K

Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.

8L

The restriction in subsection (8) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

Northern Ireland Act 1998

I63

In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—

I39a

omit subsection (1)(b) (no power for the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law), and

I70b

after subsection (2) insert—

3

A Minister or Northern Ireland department has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

4

But subsection (3) does not apply—

a

so far as the modification would be within the legislative competence of the Assembly if it were included in an Act of the Assembly, or

b

to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

5

A Minister of the Crown must not lay for approval before each House of the Parliament a draft of a statutory instrument containing regulations under subsection (3) unless—

a

the Assembly has made a consent decision in relation to the laying of the draft, or

b

the 40 day period has ended without the Assembly having made such a decision.

6

For the purposes of subsection (5) a consent decision is—

a

a decision to agree a motion consenting to the laying of the draft,

b

a decision not to agree a motion consenting to the laying of the draft, or

c

a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

7

A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (5) must—

a

provide a copy of the draft to the relevant Northern Ireland department, and

b

inform the Presiding Officer that a copy has been so provided.

8

See also section 96A (duty to make explanatory statement about regulations under subsection (3) including a duty to explain any decision to lay a draft without the consent of the Assembly).

9

No regulations may be made under subsection (3) after the end of the period of two years beginning with exit day.

10

Subsection (9) does not affect the continuation in force of regulations made under subsection (3) at or before the end of the period mentioned in subsection (9).

11

Any regulations under subsection (3) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

12

Subsections (5) to (10) do not apply in relation to regulations which only relate to a revocation of a specification.

13

Regulations under subsection (3) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.

14

The restriction in subsection (3) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a Minister or Northern Ireland department to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

15

In this section—

  • “the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate;

  • “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the relevant Northern Ireland department,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.

Part 2Reports in connection with retained EU law restrictions

Reports on progress towards removing retained EU law restrictions

4

1

After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report which—

a

contains details of any steps which have been taken in the reporting period by Her Majesty's Government (whether or not in conjunction with any of the appropriate authorities) towards implementing any arrangements which are to replace any relevant powers or retained EU law restrictions,

b

explains how principles—

i

agreed between Her Majesty's Government and any of the appropriate authorities, and

ii

relating to implementing any arrangements which are to replace any relevant powers or retained EU law restrictions,

have been taken into account during the reporting period,

c

specifies any relevant regulations, or regulations under section 12(9), which have been made in the reporting period,

d

in relation to any retained EU law restriction which has effect at the end of the reporting period, sets out the Minister's assessment of the progress which still needs to be made before it can be removed,

e

in relation to any relevant power that has not been repealed before the end of the reporting period, sets out the Minister's assessment of the progress which still needs to be made before it can be repealed, and

f

contains any other information relating to any relevant powers or retained EU law restrictions, or the arrangements which are to replace them, that the Minister considers appropriate.

2

The first reporting period is the period of three months beginning with the day on which this Act is passed.

3

Each successive period of three months after the first reporting period is a reporting period.

4

A Minister of the Crown must provide a copy of every report laid before Parliament under this paragraph—

a

to the Scottish Ministers,

b

to the Welsh Ministers, and

c

either 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 considers 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—

  • “appropriate authority” means—

    1. a

      the Scottish Ministers,

    2. b

      the Welsh Ministers, or

    3. c

      a Northern Ireland devolved authority;

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

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

    1. a

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

    2. b

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

    3. c

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

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

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

Part 3Other amendments of devolution legislation

Scotland Act 1998

I126

The Scotland Act 1998 is amended as follows.

I377

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

I618

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

omit “, European Parliamentary elections”.

I199

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

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

omit “, European Parliamentary elections”.

I1510

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

I5011

Omit section 34 (ECJ references).

I5212

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

In subsection (5)(a), omit “, (b)”.

I3113

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

Omit subsection (1).

I4414

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

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

Annotations:
Commencement Information
I44

Sch. 3 para. 14 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I6915

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

Annotations:
Commencement Information
I69

Sch. 3 para. 15 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

I3616

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

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

3

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

I4617

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).

I7118

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

I1319

1

Section 126 (interpretation) is amended as follows.

2

Omit subsection (9).

3

In subsection (10), omit “EU law or”.

I2320

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

I121

I421

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

2

In paragraph 1(2)—

I42a

omit paragraph (c), and

b

after paragraph (f) insert

,

g

the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act)

I423

Omit paragraph 13(1)(a).

Annotations:
Commencement Information
I1

Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

I42

Sch. 3 para. 21(1)(2)(a)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I5922

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

I6423

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

In 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) ”.

I724

I331

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

I632

After the entry for section 30 insert—

Section 30A

Type C

I633

After the entry for section 56(2) insert—

Section 57(4)

Type C

I8I5325

After 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

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

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, and

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 Ministers 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

For 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 relate to a revocation of a specification.

I6526

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

Government of Wales Act 2006

I7327

The Government of Wales Act 2006 is amended as follows.

I2728

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

I3829

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

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

I4930

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

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

3

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

I1731

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

I5632

1

Section 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) ”.

I6033

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

I2534

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

I6635

1

Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is 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 pursuance of an international obligation ”.

I3236

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

I5737

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 obligation ”.

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

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

b

for “the EU obligation” substitute “ the retained EU obligation ”.

7

In subsection (9), leave out “and (8)” and insert “ , (8) and (8L) ”.

I4738

In section 111 (proceedings on Bills)—

a

in subsection (6), omit paragraph (b) but not the “or” at the end of it, and

b

in subsection (7)(a), omit “, (b)”.

I6239

Omit section 113 (ECJ references).

I3040

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

I2441

1

Section 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) or (c) ”.

Annotations:
Commencement Information
I24

Sch. 3 para. 41 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I4542

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

Annotations:
Commencement Information
I45

Sch. 3 para. 42 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

I9I4843

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

157ZAExplanatory 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 each 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

in 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 statement 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 made 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

This 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.

I6844

In section 158(1) (interpretation)—

a

omit the definition of “EU law”, and

b

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

I7445

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

I3446

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

I2947

In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, 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.

I248

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

I40a

omit 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.

I2849

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).

Northern Ireland Act 1998

I2250

The Northern Ireland Act 1998 is amended as follows.

I351

I431

Section 7 (entrenched enactments) is amended as follows.

2

In subsection (1)—

I43a

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

I43b

omit 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

I433

Omit subsection (2).

4

Before 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

paragraph 21 of Schedule 8 to that Act, or

c

any regulations made under that Act.

Annotations:
Commencement Information
I3

Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

I43

Sch. 3 para. 51(1)(2)(a)(b)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I6752

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

I1453

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

I5854

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.

I1855

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

a

omit “EU law,”, and

b

after “rights” insert “ , retained EU law ”.

I5556

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 EU 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

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) 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.

I10I4157

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 approved by resolution of each House of Parliament.

I11I2658

After section 96 (orders and regulations) insert—

96AExplanatory 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 each 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

in 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 statement 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 made 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

In 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.

I1659

In section 98(1) (interpretation)—

a

omit the definition of “EU law”, and

b

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

I2160

1

Schedule 2 (excepted matters) is amended as follows.

2

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

3

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

I7261

In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “ 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, other than ”.

I2062

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