European Union (Withdrawal) Act 2018

Part 2 Reports 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(e) in relation to any relevant power that has not been repealed before the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be repealed, and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This paragraph ceases to apply when no retained EU law restrictions have effect and all the relevant powers have been repealed.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—

  (a)

  the Scottish Ministers,

  (b)

  the Welsh Ministers, or

  (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—

  (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;

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

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