Statement by the Maltese EU Presidency on the situation in and around Ukraine
After section 1 of the European Union (Withdrawal) Act 2018 (repeal of the European Communities Act 1972) insert—
After section 1A of the European Union (Withdrawal) Act 2018 (saving for the European Communities Act 1972 for the implementation period) (for which see section 1 above) insert—
After section 8 of the European Union (Withdrawal) Act 2018 (dealing with deficiencies arising from withdrawal) insert—
After Part 1 of Schedule 2 to the European Union (Withdrawal) Act 2018 (corresponding powers involving devolved authorities: dealing with deficiencies arising from withdrawal) insert—
After section 7 of the European Union (Withdrawal) Act 2018 (status of retained EU law) insert—
After section 7A of the European Union (Withdrawal) Act 2018 (general implementation of remainder of withdrawal agreement) (for which see section 5 above) insert—
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for any of the following purposes—
specifying the deadline that applies for the purposes of—
the first sub-paragraph of Article 18(1)(b) of the withdrawal agreement (deadline for the submission of applications for the new residence status described in Article 18(1));
the first sub-paragraph of Article 17(1)(b) of the EEA EFTA separation agreement (deadline for the submission of applications for the new residence status described in Article 17(1));
the first sentence of Article 16(1)(b) of the Swiss citizens' rights agreement (deadline for the submission of applications for the new residence status described in Article 16(1));
implementing Article 18(2) of the withdrawal agreement (protection for Union citizens etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 18(1));
implementing Article 17(2) of the EEA EFTA separation agreement (protection for EEA EFTA nationals etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 17(1));
implementing Article 16(2) of the Swiss citizens' rights agreement (protection for Swiss nationals etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 16(1));
implementing Article 18(3) of the withdrawal agreement (protection for Union citizens etc. pending a final decision on an application for the new residence status described in Article 18(1));
implementing Article 17(3) of the EEA EFTA separation agreement (protection for EEA EFTA nationals etc. pending a final decision on an application for the new residence status described in Article 17(1));
implementing Article 16(3) of the Swiss citizens' rights agreement (protection for Swiss nationals etc. pending a final decision on an application for the new residence status described in Article 16(1)).
If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(b), (c) or (d) may be made so as to apply both to—
persons to whom the provision in question applies, and
persons to whom that provision does not apply but who may be granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules (see section 17) and who do not have such leave.
If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(e), (f) or (g) may be made so as to apply both to—
persons to whom the provision in question applies, and
persons to whom that provision does not apply but who make an application for leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.
The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of implementing any of the following—
Articles 24(3) and 25(3) of the withdrawal agreement (rights of employed and self-employed frontier workers) other than as regards rights enjoyed as workers (see section 14(1));
Articles 23(3) and 24(3) of the EEA EFTA separation agreement (rights of employed and self-employed frontier workers) other than as regards rights enjoyed as workers (see section 14(2));
Article 20(2) of the Swiss citizens' rights agreement (rights of frontier workers to enter and exit).
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of implementing any of the following—
Article 26 of the withdrawal agreement (issue of documents);
Article 25 of the EEA EFTA separation agreement (issue of documents);
Article 21(1)(a) and (2) of the Swiss citizens' rights agreement (issue of documents).
The power to make regulations under subsection (1) or (2) may (among other things) be exercised by modifying any provision made by or under the Immigration Acts.
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of implementing any of the following—
Article 20(1), (3) and (4) of the withdrawal agreement (restrictions of the rights of entry and residence);
Article 19(1), (3) and (4) of the EEA EFTA separation agreement (restrictions of the rights of entry and residence);
Articles 17(1) and (3) and 20(3) of the Swiss citizens' rights agreement (restrictions of the rights of entry and residence).
If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(a), (b) or (c) may be made so as to apply both to—
persons to whom the provision in question applies, and
persons to whom that provision does not apply but who—
have entry clearance granted by virtue of relevant entry clearance immigration rules (see section 17),
have leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules (see section 17), or
otherwise have leave to enter granted after arriving with entry clearance granted by virtue of relevant entry clearance immigration rules.
In subsection (2)(b), references to a person who has entry clearance or leave to enter or remain include references to a person who would have had entry clearance or leave to enter or remain but for—
the making of a deportation order under section 5(1) of the Immigration Act 1971, or
the making of any other decision made in connection with restricting the right of the person to enter the United Kingdom.
The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made—
by or under the Immigration Acts, or
under other primary legislation.
Section 3 of the Immigration Act 1971 (general provisions for regulation and control) is amended in accordance with subsections (2) to (4).
After subsection (5) insert—
After subsection (6) insert—
After subsection (9) insert—
In section 33 of the UK Borders Act 2007 (exceptions to automatic deportation), after subsection (6A), insert—
In section 3(10) of the Immigration Act 1971 and section 33(6C) of the UK Borders Act 2007 (for which see subsections (4) and (5) above), references to having leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules include references to having such leave granted by virtue of those rules before section 17 comes into force.
A Minister of the Crown may by regulations make provision for, or in connection with, appeals against citizens' rights immigration decisions of a kind described in the regulations.
For the purposes of this section, each of the following is a “citizens' rights immigration decision”—
a decision made in connection with entry clearance by virtue of relevant entry clearance immigration rules (see section 17);
a decision made in connection with leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules (see section 17);
a decision made in connection with entry clearance for the purposes of acquiring leave to enter or remain in relation to a healthcare right of entry;
a decision made in connection with leave to enter or remain in the United Kingdom in relation to a healthcare right of entry;
a decision made in connection with a right to enter or remain in the United Kingdom by virtue of regulations made under section 8 (frontier workers);
a decision to make, or a refusal to revoke, a deportation order under section 5(1) of the Immigration Act 1971 in relation to a relevant person;
any other decision made in connection with restricting the right of a relevant person to enter the United Kingdom.
A Minister of the Crown may also by regulations make provision for, or in connection with, reviews (including judicial reviews) of decisions within subsection (2)(g).
The power to make regulations under subsection (1) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.
Such regulations may, for example, apply with or without modifications any enactment which applies in relation to appeals under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997.
For the purposes of subsection (2), a “healthcare right of entry” is a right to enter the United Kingdom that a person has by virtue of—
Article 32(1)(b) of the withdrawal agreement,
Article 31(1)(b) of the EEA EFTA separation agreement, or
Article 26a(1)(b) of the Swiss citizens' rights agreement.
For the purposes of subsection (2)(f) and (g), a person is a “relevant person” if—
Article 20 of the withdrawal agreement, Article 19 of the EEA EFTA separation agreement or (as the case may be) Articles 17 or 20(3) of the Swiss citizens' rights agreement (restrictions of the rights of entry and residence) applies to the person, or
the person is not within paragraph (a) but—
has entry clearance granted by virtue of relevant entry clearance immigration rules,
has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, or
otherwise has leave to enter granted after arriving with entry clearance granted by virtue of relevant entry clearance immigration rules.
In subsection (7)(b), references to a person who has entry clearance or leave to enter or remain include references to a person who would have had entry clearance or leave to enter or remain but for—
the making of a deportation order under section 5(1) of the Immigration Act 1971, or
the making of any other decision made in connection with restricting the right of the person to enter the United Kingdom.
An appropriate authority may by regulations make such provision as the authority considers appropriate—
to implement Chapter 3 of Title II of Part 2 of the withdrawal agreement (professional qualifications),
to supplement the effect of section 7A of the European Union (Withdrawal) Act 2018 in relation to that Chapter, or
otherwise for the purposes of dealing with matters arising out of, or related to, that Chapter (including matters arising by virtue of section 7A of that Act and that Chapter).
An appropriate authority may by regulations make such provision as the authority considers appropriate—
to implement Chapter 3 of Title II of Part 2 of the EEA EFTA separation agreement (professional qualifications),
to supplement the effect of section 7B of the European Union (Withdrawal) Act 2018 in relation to that Chapter, or
otherwise for the purposes of dealing with matters arising out of, or related to, that Chapter (including matters arising by virtue of section 7B of that Act and that Chapter).
An appropriate authority may by regulations make such provision as the authority considers appropriate—
to implement professional qualification provisions of the Swiss citizens' rights agreement,
to supplement the effect of section 7B of the European Union (Withdrawal) Act 2018 in relation to those provisions, or
otherwise for the purposes of dealing with matters arising out of, or related to, those provisions (including matters arising by virtue of section 7B of that Act and those provisions).
For the purposes of subsection (3) the following are “professional qualification provisions” of the Swiss citizens' rights agreement—
Part 4 of that agreement (mutual recognition of professional qualifications);
Article 23(4) of that agreement as regards the recognition of professional qualifications.
If an appropriate authority considers it appropriate, regulations under subsection (1) or (2) relating to the implementation of a provision of Chapter 3 of Title II of Part 2 of the withdrawal agreement or of the EEA EFTA separation agreement may be made so as to apply both to—
persons to whom the provision in question applies, and
persons to whom that provision does not apply but who may be granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules, whether or not they have been granted such leave (see section 17).
The power to make regulations under subsection (1), (2) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.
In subsection (6) “enactment” does not include primary legislation passed or made after IP completion day.
In this section, “appropriate authority” means—
a Minister of the Crown,
a devolved authority, or
a Minister of the Crown acting jointly with a devolved authority.
Schedule 1 contains further provision about the power of devolved authorities to make regulations under this section.
An appropriate authority may by regulations make such provision as the authority considers appropriate—
to implement Title III of Part 2 of the withdrawal agreement (co-ordination of social security systems),
to supplement the effect of section 7A of the European Union (Withdrawal) Act 2018 in relation to that Title, or
otherwise for the purposes of dealing with matters arising out of, or related to, that Title (including matters arising by virtue of section 7A of that Act and that Title).
An appropriate authority may by regulations make such provision as the authority considers appropriate—
to implement Title III of Part 2 of the EEA EFTA separation agreement (co-ordination of social security systems),
to supplement the effect of section 7B of the European Union (Withdrawal) Act 2018 in relation to that Title, or
otherwise for the purposes of dealing with matters arising out of, or related to, that Title (including matters arising by virtue of section 7B of that Act and that Title).
An appropriate authority may by regulations make such provision as the authority considers appropriate—
to implement social security co-ordination provisions of the Swiss citizens' rights agreement,
to supplement the effect of section 7B of the European Union (Withdrawal) Act 2018 in relation to those provisions, or
otherwise for the purposes of dealing with matters arising out of, or related to, those provisions (including matters arising by virtue of section 7B of that Act and those provisions).
For the purposes of subsection (3) the following are “social security co-ordination provisions” of the Swiss citizens' rights agreement—
Part 3 of that agreement (co-ordination of social security systems);
Article 23(4) of that agreement as regards social security co-ordination.
The power to make regulations under subsection (1), (2) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.
In this section, “appropriate authority” means—
a Minister of the Crown,
a devolved authority, or
a Minister of the Crown acting jointly with a devolved authority.
Schedule 1 contains further provision about the power of devolved authorities to make regulations under this section.
An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing any of the following provisions of the withdrawal agreement—
Article 12 (prohibition of discrimination on grounds of nationality);
Article 23 (right to equal treatment);
Articles 24(1) and 25(1) (rights of workers and the self-employed);
Articles 24(3) and 25(3) (rights of employed or self-employed frontier workers) as regards rights enjoyed as workers.
An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing any of the following provisions of the EEA EFTA separation agreement—
Article 11 (prohibition of discrimination on grounds of nationality);
Article 22 (right to equal treatment);
Articles 23(1) and 24(1) (rights of workers and the self-employed);
Articles 23(3) and 24(3) (rights of employed or self-employed frontier workers) as regards rights enjoyed as workers.
An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing any of the following provisions of the Swiss citizens' rights agreement—
Article 7 (prohibition of discrimination on grounds of nationality);
Article 18 (right to take up employment etc.);
Article 19 (rights of employed or self-employed persons etc.);
Article 20(1) (rights of frontier workers);
Article 23(1) (rights of persons providing services).
If the appropriate authority considers it appropriate, regulations under subsection (1), (2) or (3) relating to the implementation of a provision mentioned in that subsection, may be made so as to apply both to—
persons to whom the provision in question applies, and
persons to whom that provision does not apply but who may be granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules, whether or not they have been granted such leave (see section 17).
The power to make regulations under subsection (1), (2) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.
In this section, “appropriate authority” means—
a Minister of the Crown,
a devolved authority, or
a Minister of the Crown acting jointly with a devolved authority.
Schedule 1 contains further provision about the power of devolved authorities to make regulations under this section.
A body corporate called the Independent Monitoring Authority for the Citizens' Rights Agreements is established.
In this Part that body is referred to as “the IMA”.
Schedule 2 contains provision relating to the IMA (including provisions about the IMA's constitution and functions).
In sections 7, 8, 9 and 14—
a power to make provision for the purpose of implementing a provision of the withdrawal agreement includes power to make provision to supplement the effect of section 7A of the European Union (Withdrawal) Act 2018 in relation to that provision of the agreement,
a power to make provision for the purpose of implementing a provision of the EEA EFTA separation agreement includes power to make provision to supplement the effect of section 7B of that Act in relation to that provision of the agreement, and
a power to make provision for the purpose of implementing a provision of the Swiss citizens' rights agreement includes power to make provision to supplement the effect of section 7B of that Act in relation to that provision of the agreement.
The conferral of a power on a Minister of the Crown under section 7, 8, 9 or 11 does not affect the extent of any power of a devolved authority under section 12, 13 or 14 which overlaps with a power under section 7, 8, 9 or 11 by virtue of section 17(4).
Regulations under this Part may not provide for the conferral of functions (including the conferral of a discretion) on, or the delegation of functions to, a person who is not a public authority (but may so provide if the person is a public authority).
In subsection (3), “public authority” means a person who exercises functions of a public nature.
In this Part, “residence scheme immigration rules” means—
Appendix EU to the immigration rules except those rules, or changes to that Appendix, which are identified in the immigration rules as not having effect in connection with the residence scheme that operates in connection with the withdrawal of the United Kingdom from the EU, and
any other immigration rules which are identified in the immigration rules as having effect in connection with the withdrawal of the United Kingdom from the EU.
In this Part, “relevant entry clearance immigration rules” means any immigration rules which are identified in the immigration rules as having effect in connection with the granting of entry clearance for the purposes of acquiring leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.
In this Part, references to having leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules include references to having such leave granted by virtue of those rules before this section comes into force.
In this Part, a reference to a Chapter, Title, Part or other provision of the withdrawal agreement, EEA EFTA separation agreement or Swiss citizens' rights agreement includes a reference to—
any other provision of the agreement in question so far as relating to that Chapter, Title, Part or other provision, and
any provision of EU law which is applied by, or referred to in, that Chapter, Title, Part or other provision (to the extent of the application or reference).
In this Part—
“EU entity” means an EU institution or any office, body or agency of the EU;
“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 (interpretation);
Nothing in this Schedule authorises the making of a disclosure which—
contravenes the data protection legislation within the meaning of the Data Protection Act 2018 (see section 3 of that Act), or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
The power of a Minister of the Crown under section 42(7) to appoint a day includes a power to appoint a time on that day if the Minister considers it appropriate to do so.
The Scotland Act 1998 is amended as follows.
The European Union (Withdrawal) Act 2018 is amended as follows.
Section 36(e) and (f) do not affect the continued operation of the amendments made by section 2 of the European Union (Withdrawal) Act 2019 and section 4 of the European Union (Withdrawal) (No. 2) Act 2019.
The power of a Minister of the Crown under section 23(6) of the European Union (Withdrawal) Act 2018 to make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of that Act includes the power to make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force (whether by virtue of this Act, this Act and that Act, or otherwise) of any provision of that Act as inserted into that Act, or modified, by or under this Act (and references in the Act of 2018 to the power under section 23(6) of that Act are to be read accordingly). Sub-paragraph (1) does not limit the power conferred by section 41(5) above; and the power of a Minister of the Crown under section 25(4) of the European Union (Withdrawal) Act 2018 does not apply to any insertions into, or other modifications of, that Act made by this Act (for which see section 42(6) and (7) above). References in this paragraph to any modification made by or under this Act of any provision of the European Union (Withdrawal) Act 2018 include references to any modification made by or under this Act of a provision of another Act which was inserted into that other Act or otherwise modified by the Act of 2018.
In section 30A(2) (legislative competence: restriction relating to retained EU law) for “exit day” substitute “IP completion day”.
In the italic heading before section 2, for “existing EU law” substitute “saved EU law at end of implementation period”.
In section 57(5)(b) (exception to section 57(4)) for “Schedule 2 or 4 to the European Union (Withdrawal) Act 2018” substitute —.
Section 7 (status of retained EU law) is amended as follows. In subsection (1)(b) for “section 2” substitute “section 1A(2) or 1B(2)”. After subsection (1) insert— In subsection (5)— In subsection (6) for “exit day”, wherever it appears, substitute “IP completion day”.
Paragraph 1 of Schedule 4 (enactments etc. protected from modification) is amended as follows. In sub-paragraph (2)(g) for “paragraphs 31 to 35 of Schedule 8 to” substitute “any excluded provision of”. For the purposes of sub-paragraph (2)(g), the following are excluded provisions of the European Union (Withdrawal) Act 2018—
Section 10 (continuation of North-South co-operation and the prevention of new border arrangements) is amended as follows. In the heading— In subsection (2)—
In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability) for “exit day” substitute “IP completion day”.
In section 11 (powers involving devolved authorities corresponding to sections 8 and 9), in the heading and the text of the section, for “and 9” substitute “to 8C”.
In the italic cross-heading before section 13, for “approval of outcome of EU negotiations” substitute “oversight of withdrawal”.
Section 20 (interpretation) is amended as follows. In subsection (1)— After subsection (5) insert— In subsection (6) for “exit day” substitute “IP completion day”.
In the table in section 21(1) (index of defined expressions)—
Anything which continues to be domestic law by virtue of section 1B(2) Section 20(5A)
Commons sitting day Section 20(1)
EEA EFTA separation agreement Section 7B(6)
EU-derived domestic legislation Section 1B(7)
European Communities Act 1972 Section 1A(7)(a)
Implementation period Section 1A(6) IP completion day (and related expressions) Section 1A(6) Joint Committee Section 20(1) Lords sitting day Section 20(1)
Part (of withdrawal agreement or EEA EFTA separation agreement) Section 1A(7)(b)
Qualifying Northern Ireland goods Section 8C(6) Ratify Section 20(1)
Relevant separation agreement law Section 7C(3)
Swiss citizens’ rights agreement Section 7B(6)
in the entry for “Withdrawal agreement” for “Section 20(1)” substitute “Section 1A(6)”.
Section 23 (consequential and transitional provision) is amended as follows. In subsection (3) for “the end of the Session in which this Act is passed” substitute “IP completion day”. In subsection (4) for “exit day” substitute “IP completion day”. In subsection (6) after “exit day” insert “or IP completion day”.
Schedule 4 (powers in connection with fees and charges) is amended as follows. In paragraph 1(1) omit paragraph (b) and the word “or” before it. In paragraph 5(1) for “exit day” substitute “IP completion day”. In paragraph 6 for “section 8 or 9” substitute “sections 8 to 8C”. In paragraph 8(a) for “the repeal of that section by section 1” substitute “IP completion day”. In paragraph 11 for “section 8 or 9” substitute “sections 8 to 8C”.
Schedule 5 (publication and rules of evidence) is amended as follows. In paragraphs 1(1)(a) and (5)(a) and (b) and 2(1) for “exit day” substitute “IP completion day”. In paragraph 3— In paragraph 4—
Schedule 6 (instruments which are exempt EU instruments) is amended as follows. Omit paragraphs 1(1), 2 and 4. In paragraph 3—
In Part 1 of Schedule 7 (scrutiny of powers to deal with deficiencies)—
in paragraph 2(17), for “and (15)” substitute “to (16)”,
in paragraph 3(11), omit paragraphs (b) and (c) and the words after paragraph (c),
omit paragraph 4(9),
omit paragraph 6(7),
omit paragraph 7(9), and
omit paragraph 8(7).
After Part 1 of Schedule 7 insert—
Part 2 of Schedule 7 (scrutiny of other powers under Act) is amended as follows. After paragraph 9 insert— Omit paragraph 10 (and the italic cross-heading before it). In the italic cross-heading before paragraph 17 omit “certain implementation or”. In paragraph 17— Omit paragraph 18 (and the italic cross-heading before it). In paragraph 19—
Part 3 of Schedule 7 (general provision about powers under Act) is amended as follows. In paragraph 21— In paragraph 23— After paragraph 23 insert— In paragraph 24 for “exit day”, in both places where it appears, substitute “IP completion day”. After paragraph 24 insert— In paragraph 28— In paragraph 29— In paragraph 30(1)(a) omit “or 9”. In paragraph 31(1)(a) omit “or 2”. In paragraph 32(1) omit “or 9”. In paragraph 33(1) omit “or 2”. In paragraph 35(1) omit “(whether or not as applied by paragraph 19(7))”.
Part 1 of Schedule 8 (general consequential provision) is amended as follows. In paragraph 1(1) for “exit day”, in both places where it appears, substitute “IP completion day”. In paragraph 2— For paragraph 7 substitute— In paragraph 8— In paragraph 9— In paragraph 12— In paragraph 13— In paragraph 14— In paragraph 15— In paragraph 16—
Part 3 of Schedule 8 (general transitional, transitory or saving provision) is amended as follows. Before paragraph 37 (but after the italic heading before that paragraph) insert— In paragraph 37—
Part 4 of Schedule 8 (specific transitional, transitory and saving provision) is amended as follows. In the italic heading before paragraph 38 for “existing EU law” substitute “saved EU law at end of implementation period”. After that italic heading but before paragraph 38 insert— In paragraph 38 for “exit day”, in both places where it appears, substitute “IP completion day”. In paragraph 39— In paragraph 40— In paragraph 41— In paragraph 42 for “exit day” substitute “IP completion day”.
After section 8A of the European Union (Withdrawal) Act 2018 (supplementary power in connection with implementation period) (for which see section 3 above) insert—
After Part 1A of Schedule 2 to the European Union (Withdrawal) Act 2018 (corresponding powers involving devolved authorities: provision in connection with implementation period) (for which see section 4 above) insert—
Any sum that is required to be paid to the EU or an EU entity to meet any obligation that the United Kingdom has by virtue of the withdrawal agreement is to be charged on and paid out of the Consolidated Fund or, if the Treasury so decides, the National Loans Fund.
After 31 March 2021, subsection (1) does not apply in relation to any expenditure other than sums required to be paid in respect of the traditional own resources of the EU.
Any money received by a Minister of the Crown or a government department by virtue of the withdrawal agreement is to be paid into the Consolidated Fund or, if the Treasury so decides, the National Loans Fund.
A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.
There is to be paid out of money provided by Parliament—
any expenditure in relation to which subsection (1) does not apply which is incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
Subsections (1), (3) and (5) are subject to any other provision made by or under this Act or any other enactment.
In this section—
“subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any primary legislation;
The IMA is to consist of the following members— The Secretary of State is to appoint the non-executive members. The non-executive members are to appoint the executive members (subject to paragraph 3). The non-executive members may make appointments under sub-paragraph (3) only if the chair and at least 2 other non-executive members have been appointed. The non-executive members must consult the Secretary of State before appointing the chief executive. The Secretary of State and the non-executive members must, so far as possible, ensure that the number of non-executive members exceeds the number of executive members. A person may not hold office as a member of the IMA if the person is a civil servant. The executive members are employees of the IMA. In sub-paragraphs (3) to (6), the references to the non-executive members are to all the non-executive members for the time being.
Regulations made by the Scottish Ministers under paragraph 3(2) of Schedule 5 on or after exit day are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). A statutory instrument containing regulations made by the Welsh Ministers under paragraph 3(2) of Schedule 5 on or after exit day is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulations made by a Northern Ireland department under paragraph 3(2) of Schedule 5 on or after exit day are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
This paragraph applies to regulations under section 12, 13 or 14 of a Minister of the Crown acting jointly with a devolved authority. The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke— are subject to the affirmative procedure. Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure. Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke— may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. If in accordance with sub-paragraph (4), (6), (11) or (13)— nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument. In sub-paragraph (14) “relevant devolved legislature” means— Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument. Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
A statutory instrument containing regulations under paragraph 39 or 40 of Schedule 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
the free movement of persons agreement,
When the IMA has carried out an inquiry under paragraph 25, it must— The IMA must publish a report as soon as reasonably practicable after preparing it. Before publishing a report that contains material relating to border security or terrorism (including material about individual cases), the IMA must give the Secretary of State an opportunity to require the IMA to remove from the report any material which, in the opinion of the Secretary of State, should not be published on the grounds that its publication— As soon as reasonably practicable after publishing a report, the IMA must send it to—
Any provision in subordinate legislation made before exit day under— which provides, by reference to exit day (however expressed), for all or part of that or any other subordinate legislation to come into force immediately before exit day, on exit day or at any time after exit day is to be read instead as providing for the subordinate legislation or (as the case may be) the part to come into force immediately before IP completion day, on IP completion day or (as the case may be) at the time concerned after IP completion day. Sub-paragraph (1) does not apply so far as it is expressly disapplied by the subordinate legislation that provides as mentioned in that sub-paragraph. An appropriate authority may by regulations— But see paragraph 2 for further provision about the power of a devolved authority acting alone to make regulations under sub-paragraph (3). No regulations may be made under sub-paragraph (3) after the end of the period of one year beginning with IP completion day. In this paragraph “appropriate authority” means—
Where a report under paragraph 27 includes recommendations to a relevant public authority, the authority must— The authority’s response must explain—
No provision may be made by a devolved authority acting alone in regulations under paragraph 1(3) so far as those regulations relate to the coming into force of regulations under section 23(1) or (6) of, or paragraph 1(2)(b) of Schedule 1 to, the European Union (Withdrawal) Act 2018. Subject to this, no provision may be made by a devolved authority acting alone in regulations under paragraph 1(3) relating to the coming into force of all or part of any subordinate legislation unless— Where the test in sub-paragraph (2)(a) or (b) is (to any extent) only met by a devolved authority acting alone with the consent of a Minister of the Crown, the consent of a Minister of the Crown is required before the regulations under paragraph 1(3) may be made by the devolved authority acting alone. Except where sub-paragraph (3) applies, no provision may be made under paragraph 1(3) by a devolved authority acting alone unless the devolved authority has consulted a Minister of the Crown.
Her Majesty’s Revenue and Customs (or anyone acting on their behalf) may disclose information for the purpose of— A person who receives information as a result of sub-paragraph (1) may not— except with the consent of the Commissioners for Her Majesty’s Revenue and Customs (which may be general or specific). If a person discloses information in contravention of sub-paragraph (2) which relates to a person whose identity— section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of information in contravention of section 20(9) of that Act. This paragraph does not limit the circumstances in which information may be disclosed under section 18(2) of the Commissioners for Revenue and Customs Act 2005 or under any other enactment or rule of law.
The Secretary of State may by regulations— The Secretary of State may make regulations under sub-paragraph (1) only if satisfied that the transfer of functions serves the purpose of improving the exercise of the transferred functions, having regard to efficiency, effectiveness and economy. In making regulations under sub-paragraph (1), the Secretary of State must have regard to the need to ensure that the transferee— Regulations under sub-paragraph (1)— Regulations under sub-paragraph (1) may include provision— Before making regulations under this paragraph, the Secretary of State must consult— The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment (including this Act). In this paragraph “constitutional arrangements” has the meaning given by section 3(2) of the Public Bodies Act 2011.
Any power to make regulations under this Act in relation to the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement, or any modification of any of them which requires ratification, is capable of being exercised before the agreement or (as the case may be) modification concerned is ratified.
Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made. The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made. Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2). Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the National Assembly for Wales as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to the National Assembly for Wales. Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly. Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, the National Assembly for Wales or (as the case may be) the Northern Ireland Assembly. This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).
The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.
The Interpretation Act (Northern Ireland) 1954 is amended as follows.
The Legislation (Wales) Act 2019 is amended as follows.
The Secretary of State may by regulations— Regulations under sub-paragraph (1) may include provision transferring the IMA’s property, rights and liabilities (including rights and liabilities in respect of contracts of employment). The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment (including this Act).
In section 1(1)(ba) (application of Part 1 of the Act) for “exit day” substitute “IP completion day”.
In section 24 (references to direct EU legislation retained in domestic law after EU exit), in subsection (1)(a)—
in the Welsh language text, for “y diwrnod ymadael” substitute “diwrnod cwblhau’r cyfnod gweithredu”, and
in the English language text, for “exit day” substitute “implementation period completion day”.
In section 11 (references in enactments), in subsections (1C), (1D) and (1E), for “exit day” substitute “IP completion day”.
In section 14(3) (references to other legislative provisions) for “exit day”, in both places where it appears, substitute “IP completion day”.
In section 26 (references to EU instruments), in subsection (3)—
in the Welsh language text, omit “ar gyfer darpariaeth am effaith cyfeiriadau penodol sy’n bodoli cyn y diwrnod ymadael ar y diwrnod ymadael neu ar ôl y diwrnod ymadael”, and
in the English language text, omit “for provision about the effect on or after exit day of certain references which exist before exit day”.
In section 44A (definitions relating to the United Kingdom’s withdrawal from the EU)—
before the definition of “exit day” insert—,
after the definition of “exit day” insert—, and
in the definition of “retained EU obligation” for “exit day” substitute “IP completion day”.
In section 30(7) (other instruments laid before the Scottish Parliament) omit “(including that paragraph as applied by paragraph 19(7) of that Schedule)”.
In the Table in Schedule 1 (definitions of words and expressions), in the Welsh language text—
cytundeb ymadael â’r UE (EU withdrawal agreement) mae i “cytundeb ymadael â’r UE” yr ystyr a roddir i “withdrawal agreement” yn Neddf yr Undeb Ewropeaidd (Y Cytundeb Ymadael) 2020 (p. 1) (gweler adran 39(1) a (6) o’r Ddeddf honno)
in the entry for “cytundeb yr AEE (EEA agreement)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau’r cyfnod gweithredu”,
in the entry for “y Cytuniadau (the Treaties) neu Cytuniadau‘r UE (EU Treaties)”, for paragraphs (a) and (b) substitute—,
diwrnod cwblhau’r cyfnod gweithredu (implementation period completion day) mae i “diwrnod cwblhau’r cyfnod gweithredu” yr ystyr sydd i “IP completion day” o fewn ystyr Deddf yr Undeb Ewropeaidd (Y Cytundeb Ymadael) 2020 (p. 1), ac mae ymadroddion perthynol i’w dehongli yn unol â hynny (gweler adran 39(1) i (5) o’r Ddeddf honno)
in the entry for “offeryn UE (EU instrument)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau’r cyfnod gweithredu”, and
in the entry for “rhwymedigaeth UE a ddargedwir (retained EU obligation)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau’r cyfnod gweithredu”.
In section 55(2B)(d) (transitional Orders: revocation and savings)—
before the definition of “exit day” (and after the italic heading “Definitions relating to EU exit”) insert—,
after the definition of “exit day” insert—,
in the definition of “retained EU obligation” for “exit day” substitute “IP completion day”, and
in the definition of ““The Treaties” or “the EU Treaties””—
for “or EU Treaties,” substitute “or EU Treaties as at immediately before IP completion day and”, and
for the words from “its repeal” to the end of the definition substitute “IP completion day”.
In the Table in Schedule 1 (definitions of words and expressions), in the English language text—
in the entry for “EEA agreement (cytundeb yr AEE)”, for “exit day” substitute “implementation period completion day”,
in the entry for “EU instrument (offeryn UE)”, for “exit day” substitute “implementation period completion day”,
EU withdrawal agreement (cytundeb ymadael â’r UE) “EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (see section 39(1) and (6) of that Act)
implementation period completion day (diwrnod cwblhau’r cyfnod gweithredu) “implementation period completion day” means “IP completion day” within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1), and related expressions are to be interpreted accordingly (see section 39(1) to (5) of that Act)
in the entry for “retained EU obligation (rhwymedigaeth UE a ddargedwir)”, for “exit day” substitute “implementation period completion day”, and
in the entry for “the Treaties (y Cytuniadau) or the EU Treaties (Cytuniadau‘r UE)”, for paragraphs (a) and (b) substitute—
In Schedule 1 (definitions of words and expressions)—
in the definition of “subordinate legislation” for “exit day” substitute “IP completion day”,
before the definition of “exit day” (and after the italic heading “Definitions relating to EU exit”) insert—,
after the definition of “exit day” insert—,
in the definition of “retained EU obligation” for “exit day” substitute “IP completion day”,
in the definition of “EU instrument” omit “(within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act))”, and
in the definition of ““The Treaties” or “the EU Treaties””—
for “or EU Treaties,” substitute “or EU Treaties as at immediately before IP completion day and”, and
for the words from “its repeal” to the end of the definition substitute “IP completion day”.
The IMA may authorise a committee, member or employee of the IMA to do anything the IMA may do apart from approving an annual report to be provided as mentioned in paragraph 31. A committee of the IMA may authorise the following to do anything which the committee may do under sub-paragraph (1)— Committees and sub-committees may include employees of the IMA who are not members of it.
In exercising functions in respect of the IMA, the Secretary of State must have regard to the need to protect—
its operational independence, and
its ability to make impartial assessments when exercising its functions.
Independent Monitoring Authority for the Citizens’ Rights Agreements.
The Independent Monitoring Authority for the Citizens’ Rights Agreements.
In making appointments, the Secretary of State and the non-executive members must have regard to the desirability of the IMA's members (between them) having knowledge of conditions in the United Kingdom relating to matters in relation to which provision is made in Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement (“the relevant matters”). The Secretary of State must, so far as possible, ensure that the non-executive members of the IMA include— If the IMA has functions in relation to Gibraltar by virtue of paragraph 33, the Secretary of State must, so far as possible, ensure that the non-executive members of the IMA include a member who knows about conditions in Gibraltar relating to the relevant matters. Before appointing a person, the Secretary of State or the non-executive members (as the case may be) must be satisfied that the person does not have a conflict of interest. In sub-paragraph (4), “conflict of interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by the person of the person's functions as a member of the IMA.
The IMA must pay its non-executive members such remuneration as the Secretary of State may determine. The IMA must pay, or make provision for paying, to or in respect of any person who is or has been a non-executive member such sums as the Secretary of State may determine in respect of allowances and gratuities. Sub-paragraph (4) applies where— The IMA must make a payment to the person of such amount as the Secretary of State may determine.
The European Economic Area Act 1993 is amended as follows.
The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310) are amended as follows. Omit regulation 3 (cessation of certain rights etc. which form part of domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018). In table 2 in Part 2 of Schedule 1 (revocations of certain EU decisions etc.) omit the entries relating to Council Decisions 76/787 and 2002/772.
Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to the making of regulations under section 12, 13 or 14.
The prohibition on making regulations under paragraph 1(3) or 3(2) of this Schedule after the end of the period of one year beginning with IP completion day does not affect the continuation in force of regulations made at or before that time.
In section 2 (consistent application of law to the whole of the EEA), in subsections (3)(a) and (3A), for “exit day” substitute “IP completion day”.
In section 3 (general implementation of the EEA agreement), in subsections (3)(a) and (4A), for “exit day” substitute “IP completion day”.
In section 6(1) (interpretation), in the definition of “the 1972 Act”, for “its repeal by section 1” substitute “it ceases to have effect by virtue of section 1A(5)”.
the European Union, and
After section 8B of the European Union (Withdrawal) Act 2018 (power in connection with certain other separation issues) (for which see section 18 above) insert—
After Part 1B of Schedule 2 to the European Union (Withdrawal) Act 2018 (corresponding powers involving devolved authorities: provision in connection with certain other separation issues) (for which see section 19 above) insert—
Schedule 3 contains provision about the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the withdrawal agreement.
In section 10 of the European Union (Withdrawal) Act 2018 (continuation of North-South co-operation and the prevention of new border arrangements), after subsection (2), insert—
In section 2 of the European Union (Withdrawal) Act 2018 (saving for EU-derived domestic legislation)—
in subsection (1) for “exit day”, in both places where it appears, substitute “ IP completion day ”,
omit subsection (2), and
in subsection (3) after “incorporation)” insert “ and section 5A (savings and incorporation: supplementary) ”.
In section 3 of that Act (incorporation of direct EU legislation)—
in subsection (1) for “exit day”, in both places where it appears, substitute “ IP completion day ”,
in subsection (2)(a)—
for “exit day” substitute “ IP completion day ”,
before sub-paragraph (i) insert—,
at the end of sub-paragraph (i) insert “ and ”, and
omit sub-paragraph (ii) and the word “and” at the end of the sub-paragraph,
in subsection (2)(b)—
for “exit day” substitute “ IP completion day ”, and
before sub-paragraph (i) insert—,
in subsection (2)(c) for “exit day” substituteIP completion day and so far as— ,
in subsection (3) for “exit day”, wherever it appears, substitute “ IP completion day ”, and
in subsection (5) after “incorporation)” insert “ and section 5A (savings and incorporation: supplementary) ”.
In section 4 of that Act (saving for rights etc. under section 2(1) of the ECA)—
in subsection (1) for “exit day”, in both places where it appears, substitute “ IP completion day ”,
in subsection (2)—
after paragraph (a) (and before the “or” at the end of the paragraph) insert—, and
in paragraph (b) for “exit day” substitute “ IP completion day ”, and
in subsection (3) after “incorporation)” insert “ and section 5A (savings and incorporation: supplementary) ”.
In section 5 of that Act (exceptions to savings and incorporation)—
in subsections (1) to (5) for “exit day”, wherever it appears, substitute “ IP completion day ”, and
after subsection (6) insert—
After section 5 of that Act insert—
In Schedule 1 to that Act (further provision about exceptions to savings and incorporation)—
for “exit day”, wherever it appears, substitute “ IP completion day ”, and
in paragraph 5(1) for “in accordance with this Act” substitute “ by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act ”.
In section 6 of the European Union (Withdrawal) Act 2018 (interpretation of retained EU law)—
for “exit day”, wherever it appears, substitute “ IP completion day ”,
in subsection (4), after paragraph (b) (but before the “and” at the end of the paragraph) insert—,
in subsection (5) after “EU case law” insert “ by virtue of subsection (4)(a) or (b) ”,
after subsection (5) insert—, and
after subsection (6) insert—
After section 7B of that Act (general implementation of EEA EFTA and Swiss agreements) (for which see section 6 above) insert—
Section 8 of the European Union (Withdrawal) Act 2018 (dealing with deficiencies arising from withdrawal) is amended in accordance with subsections (2) to (6).
In subsection (2)—
in paragraph (d)(ii), after “membership of the EU” insert “ or Part 4 of the withdrawal agreement ”,
in paragraph (e), after “Treaties” insert “ or as a result of either the end of the implementation period or any other effect of the withdrawal agreement ”,
after paragraph (e) insert—, and
in paragraph (f)(i) for “exit day” substitute “ IP completion day ”.
In subsection (4) for “exit day” substitute “ IP completion day ”.
In subsection (7), omit paragraph (e).
In subsection (8) for “exit day” substitute “ IP completion day ”.
In subsection (9)—
for “that withdrawal taken together” substitute— , and
after “Act” insert “ or the European Union (Withdrawal Agreement) Act 2020 ”.
In the following provisions of Part 1 of Schedule 2 to the European Union (Withdrawal) Act 2018 (dealing with deficiencies arising from withdrawal: devolved authorities) for “exit day” substitute “ IP completion day ”
paragraph 4(a),
paragraph 8(2)(a)(i),
paragraph 9(2)(a)(i), and
paragraph 10(2)(a)(i).
In Part 1 of Schedule 4 to the European Union (Withdrawal) Act 2018 (charging in connection with certain new functions)—
in paragraph 1(1), after paragraph (a) (but before the “or” at the end of that paragraph) insert—, and
in paragraph 5—
in sub-paragraph (1), for “sub-paragraph (2)” substitute “ sub-paragraphs (2) and (2A) ”, and
after sub-paragraph (2) insert—
After section 13 of the European Union (Withdrawal) Act 2018 (Parliamentary approval of the outcome of negotiations with the EU) insert—
After section 13A of the European Union (Withdrawal) Act 2018 (review of EU legislation during implementation period) (for which see section 29 above) insert—
Section 13 of the European Union (Withdrawal) Act 2018 (Parliamentary approval of the outcome of negotiations with the EU) is repealed.
Accordingly, none of the conditions set out in paragraphs (a) to (d) of subsection (1) of that section apply in relation to the ratification of the withdrawal agreement.
Section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) does not apply in relation to the withdrawal agreement (but this does not affect whether that section applies in relation to any modification of the agreement).
After section 15 of the European Union (Withdrawal) Act 2018 (publication and rules of evidence) insert—
After section 15A of the European Union (Withdrawal) Act 2018 (prohibition on extending implementation period) (for which see section 33 above) insert—
After section 15B of the European Union (Withdrawal) Act 2018 (ministerial co-chairs of the Joint Committee) (for which see section 34 above) insert—
The following enactments are repealed—
section 9 of the European Union (Withdrawal) Act 2018 (implementing the withdrawal agreement),
sections 16 and 18 of that Act (spent duties in relation to environmental principles etc. and a customs arrangement),
section 19 of that Act (future interaction with the law and agencies of the EU),
Part 2 of Schedule 2 to that Act (implementing the withdrawal agreement),
the European Union (Withdrawal) Act 2019 (provisions in connection with an extension under Article 50(3) of the Treaty on European Union), and
the European Union (Withdrawal) (No. 2) Act 2019 (duties in connection with an extension under Article 50(3) of the Treaty on European Union).
In section 17 of the European Union (Withdrawal) Act 2018 (family unity for those seeking asylum or other protection in Europe), for subsection (1) substitute—
It is recognised that the Parliament of the United Kingdom is sovereign.
In particular, its sovereignty subsists notwithstanding—
directly applicable or directly effective EU law continuing to be recognised and available in domestic law by virtue of section 1A or 1B of the European Union (Withdrawal) Act 2018 (savings of existing law for the implementation period),
section 7A of that Act (other directly applicable or directly effective aspects of the withdrawal agreement (including the Windsor Framework)),
section 7B of that Act (deemed direct applicability or direct effect in relation to the EEA EFTA separation agreement and the Swiss citizens' rights agreement), and
section 7C of that Act (interpretation of law relating to the withdrawal agreement (including the Windsor Framework) (other than the implementation period), the EEA EFTA separation agreement and the Swiss citizens' rights agreement).
Accordingly, nothing in this Act derogates from the sovereignty of the Parliament of the United Kingdom.
The Windsor Framework is without prejudice to these matters (in particular), which are recognised and continue—
the constitutional status of Northern Ireland as part of the United Kingdom,
Northern Ireland’s part in the economy of the United Kingdom, including its customs territory and internal market,
the power of the Parliament of the United Kingdom to make laws for Northern Ireland, and
the vesting of executive power in Northern Ireland in His Majesty.
The enactments which make provision—
about the constitutional status of Northern Ireland, the power of the Parliament of the United Kingdom to make laws for Northern Ireland and the vesting of executive power in Northern Ireland include—
the Northern Ireland Act 1998 (section 1 of which relates to the principle of consent), and
the Union with Ireland Act 1800 and the Act of Union (Ireland) 1800, and
about Northern Ireland’s part in the economy of the United Kingdom, including its customs territory and internal market, include the United Kingdom Internal Market Act 2020.
His Majesty’s Government must not ratify a Northern Ireland-related agreement with the European Union that would create a new regulatory border between Great Britain and Northern Ireland.
Before His Majesty’s Government ratifies a Northern Ireland-related agreement with the European Union that would not create a new regulatory border between Great Britain and Northern Ireland, a Minister of the Crown must lay before Parliament a statement explaining why the agreement does not create a new regulatory border.
In this section—
“Swiss citizens' rights agreement” means (as modified from time to time in accordance with any provision of it) the Agreement signed at Bern on 25 February 2019 between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens' rights following the withdrawal of the United Kingdom from— so far as the Agreement operates for the purposes of the case where “specified date” for the purposes of that Agreement has the meaning given in Article 2(b)(ii) of that Agreement;
is binding under international law,
“Windsor Framework” means the part of the withdrawal agreement known as the Windsor Framework by virtue of Joint Declaration No. 1/2023 of 24 March 2023 made between the EU and the United Kingdom in the Joint Committee established by the withdrawal agreement;
In this Act—
supersedes (in whole or in part) or supplements the Windsor Framework, and
the European Union, and
The application of the IMA’s seal must be authenticated by the signature of— A document purporting to be duly executed under the IMA’s seal or signed on its behalf— But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.
The IMA must— Each statement of accounts must comply with any directions given by the Secretary of State as to— The IMA must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates. The Comptroller and Auditor General must— In this Schedule, “financial year” means—
Independent Monitoring Authority for the Citizens’ Rights Agreements.
The Independent Monitoring Authority for the Citizens’ Rights Agreements.
This paragraph applies in relation to the appointment of non-executive members for the purposes of paragraph 4(2) and (3). Before making an appointment, the Secretary of State must tell the relevant authority who the Secretary of State proposes to appoint and why. If the relevant authority approves the proposed appointment within the period of one month beginning with the day on which the Secretary of State complies with sub-paragraph (2), the Secretary of State must appoint that person (subject to sub-paragraph (4)). If that person is no longer available or the Secretary of State and the relevant authority agree, after the relevant authority has given its approval as mentioned in sub-paragraph (3), that it is no longer appropriate to appoint that person— If the relevant authority does not approve the proposed appointment as mentioned in sub-paragraph (3), the Secretary of State may— If the Secretary of State proposes to appoint a different person, sub-paragraphs (2) to (5) apply again. If the Secretary of State makes a proposed appointment without the approval of the relevant authority as mentioned in sub-paragraph (3), the Secretary of State must publish a statement explaining why the Secretary of State has proceeded with the appointment. In this paragraph, the “relevant authority” means—
The IMA may— The terms and conditions of appointment as an employee are to be determined— The IMA must pay its employees such remuneration— The IMA must pay, or make provision for paying, to or in respect of a person who is or has been an employee of the IMA, such sums in respect of pensions, allowances and gratuities— The Independent Monitoring Authority for the Citizens’ Rights Agreements. The IMA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase in the sums payable out of money provided by Parliament which is attributable to the provision of pensions by virtue of section 1 of the 1972 Act or section 1 of the Public Service Pensions Act 2013 in respect of employees of the IMA. In relation to executive members of the IMA, references in sub-paragraphs (2) to (4) to the IMA determining something with the approval of the Secretary of State are to be read as references to the non-executive members determining that thing with the approval of the Secretary of State.
“withdrawal agreement” means the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it).
No regulations may be made under section 12, 13 or 14 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown. No regulations may be made under section 12, 13 or 14 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown. No regulations may be made under section 12, 13 or 14 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown. Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
“government department” means any department of the Government of the United Kingdom;
In this Act references to before, after or on IP completion day, or to beginning with IP completion day, are to be read as references to before, after or at 11.00 p.m. on 31 December 2020 or (as the case may be) to beginning with 11.00 p.m. on that day.
Subsection (4) applies if, by virtue of any change to EU summer-time arrangements, the transition or implementation period provided for by Part 4 of the withdrawal agreement is to end on a day or time which is different from that specified in the definition of “IP completion day” in subsection (1).
A Minister of the Crown may by regulations—
amend the definition of “IP completion day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the transition or implementation period provided for by Part 4 of the withdrawal agreement is to end, and
amend subsection (2) in consequence of any such amendment.
In subsection (3) “EU summer-time arrangements” means the arrangements provided for by Directive 2000/84/EC of the European Parliament and of the Council of 19 January 2001 on summer-time arrangements.
In this Act any reference to an Article of the Treaty on European Union includes a reference to that Article as applied by Article 106a of the Euratom Treaty.
Schedule 4 contains provision about regulations under this Act (including provision about procedure).
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.
The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.
In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.
Parts 1 and 2 of Schedule 5 contain minor and consequential provision.
A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day or IP completion day).
Part 3 of Schedule 5 contains transitional, transitory and saving provision.
Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.
Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.
Accordingly, section 1 (but not section 2) also extends to the Isle of Man, the Channel Islands and Gibraltar.
The power in section 36 of the Immigration Act 1971 or (as the case may be) section 60(4) of the UK Borders Act 2007 may be exercised so as to extend (with or without modifications) to the Isle of Man or any of the Channel Islands the modifications made to that Act by section 10 above.
Paragraphs 1 and 2 of Schedule 5, so far as they relate to the modification of any provision in subordinate legislation which extends outside England and Wales, Scotland and Northern Ireland, also extend there.
The following provisions— come into force on the day on which this Act is passed.
sections 3 and 4,
sections 11, 16 and 17,
sections 20, 29 and 31 to 40 (including Schedule 4),
section 41(1) to (3) and (5),
the following provisions of Schedule 5— (and section 41(4) and (6) so far as relating to any provision so far as it falls within any of sub-paragraphs (i) to (xii)), and
paragraphs 1(3) to (6) and 2,
paragraph 3(2) to (8),
paragraph 4,
paragraphs 5 and 7(a) and (b),
paragraphs 8 and 12(a) and (b),
paragraphs 17, 20, 22, 24, 27 and 31,
paragraphs 32, 36(a) and (b) and 37(b) and (c),
paragraphs 38, 41(1) and (3)(a), 42, 44(1), (2)(a), (d) and (e) and (3), 47(1), (2), (4) and (6) and 50,
paragraphs 51 and 56(1) and (7)(b) for the purposes of making regulations under section 8A of, or Part 1A of Schedule 2 to, the European Union (Withdrawal) Act 2018,
paragraphs 52(1) and (3) to (7) and 53(1) to (4), (6), (7)(a), (8)(a) and (9) to (13),
paragraph 56(1) and (6)(b) to (d), and
paragraphs 65 to 68,
this section,
The provisions of this Act, so far as they are not brought into force by subsection (6), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.
This Act may be cited as the European Union (Withdrawal Agreement) Act 2020.
Sections 12, 13 and 14
No provision may be made by a devolved authority acting alone in regulations under section 12, 13 or 14 unless the provision is within the devolved competence of the devolved authority.
The IMA must monitor the implementation and application in the United Kingdom of Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement. The duty in sub-paragraph (1) includes keeping under review the adequacy and effectiveness of— In this Schedule—
The IMA must provide annual reports on the implementation and application of Part 2 of the withdrawal agreement to the specialised committee on citizens’ rights established by Article 165(1)(a) of that agreement. The IMA must provide annual reports on the implementation and application of Part 2 of the EEA EFTA separation agreement to the Joint Committee established by Article 65(1) of that agreement. The annual reports must contain information on— The annual reports may contain any other information which the IMA considers appropriate. The first annual reports must relate to the period of 12 months beginning with IP completion day. Subsequent annual reports must relate to each successive period of 12 months. The IMA must provide annual reports to the committees mentioned in sub-paragraphs (1) and (2) as soon as reasonably practicable after the end of the period to which they relate. The IMA must, at the same time as providing an annual report to the committees mentioned in sub-paragraphs (1) and (2), provide it to— The Secretary of State must, as soon as reasonably practicable after receiving an annual report, lay it before Parliament. The Secretary of State must publish the annual report as soon as reasonably practicable after laying it before Parliament. As soon as reasonably practicable after receiving an annual report, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland must lay the report before the appropriate devolved legislature.
Subject to sub-paragraph (2), the IMA may do anything which it thinks necessary or expedient for the purposes of, or in connection with, the exercise of its functions. The IMA may not—
A statutory instrument containing regulations under section 12, 13 or 14 of a Minister of the Crown acting alone which amend, repeal or revoke— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations under section 12, 13 or 14 of a Minister of the Crown acting alone is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations under section 12, 13 or 14 of the Scottish Ministers acting alone which amend, repeal or revoke— are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). Any other regulations under section 12, 13 or 14 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). A statutory instrument containing regulations under section 12, 13 or 14 of the Welsh Ministers acting alone which amend, repeal or revoke— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Any other statutory instrument containing regulations under section 12, 13 or 14 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulations under section 12, 13 or 14 of a Northern Ireland department acting alone which amend, repeal or revoke— may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations under section 12, 13 or 14 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
A statutory instrument containing regulations under section 41(1) is subject to annulment in pursuance of a resolution of either House of Parliament.
This paragraph applies to regulations under paragraph 1(3) of Schedule 5 of a Minister of the Crown acting jointly with a devolved authority. The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies which are made on or after exit day is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers on or after exit day are subject to the negative procedure. Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers on or after exit day is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department on or after exit day are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. If in accordance with this paragraph— nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument. In sub-paragraph (9) “relevant devolved legislature” means— Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument. Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Schedule if—
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament ..., or
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone ....
The IMA must promote the adequate and effective implementation and application in the United Kingdom of Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement. For related functions see—
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Schedule if—
it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (... including any provision that could be made only with the consent of a Minister of the Crown), or
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone ....
In exercising its functions, the IMA must have regard to the importance of addressing general or systemic failings in the implementation or application of Part 2.
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Schedule if—
the provision, if it were contained in an Act of the Northern Ireland Assembly—
would be within the legislative competence of the Assembly ..., and
would not require the consent of the Secretary of State,
the provision—
amends or repeals Northern Ireland legislation, and
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly ... and require the consent of the Secretary of State, or
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone ....
The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 12, 13 or 14 so far as that provision, if contained in an Act of the National Assembly for Wales, would require the consent of a Minister of the Crown. The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 12, 13 or 14 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State. Sub-paragraph (1) or (2) does not apply if— The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 12, 13 or 14 so far as that provision, if contained in— would require the consent of a Minister of the Crown. Sub-paragraph (4) does not apply if—
In this Schedule “Northern Ireland devolved authority” means—
the First Minister and deputy First Minister in Northern Ireland acting jointly,
a Northern Ireland Minister, or
a Northern Ireland department.
The Government of Wales Act 2006 is amended as follows.
The Interpretation Act 1978 is amended as follows.
In section 80(8A)(b) (exception to section 80(8)) for “Schedule 2 or 4 to the European Union (Withdrawal) Act 2018” substitute —.
In section 20(3) (references to other enactments) for “exit day” substitute “IP completion day”.
In section 21(1) (meaning of “subordinate legislation”) for “exit day” substitute “IP completion day”.
In section 109A(2) (legislative competence: restriction relating to retained EU law) for “exit day” substitute “IP completion day”.
In section 23ZA(4)(a)(ii) (retained direct EU legislation) for “exit day” substitute “IP completion day”.
In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), in paragraph 77, for “exit day” substitute “IP completion day”.
In Schedule 1 (words and expressions defined), under the italic heading “Definitions relating to the EU and the United Kingdom’s withdrawal”—
before the definition of “exit day” insert—,
after the definition of “exit day” insert—,
in the definition of “retained EU obligation” for “exit day” substitute “IP completion day”, and
in the definition of ““The Treaties” or “the EU Treaties””—
for “or EU Treaties,” substitute “or EU Treaties as at immediately before IP completion day and”, and
for the words from “its repeal” to the end of the definition substitute “IP completion day”.
Paragraph 5 of Schedule 7B (protected enactments) is amended as follows. In sub-paragraph (1), in the entry in the table for the European Union (Withdrawal) Act 2018, after “whole Act” insert “other than any excluded provision”. For the purposes of the entry in the table in sub-paragraph (1) for the European Union (Withdrawal) Act 2018, the following are excluded provisions of that Act—
“modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);
No regulations may be made under section 12, 13 or 14 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of the National Assembly for Wales, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under section 12, 13 or 14 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under section 12, 13 or 14 by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under section 12, 13 or 14 by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. Sub-paragraph (2), (3) or (4) does not apply if— Sub-paragraph (2), (3) or (4) does not apply if—
The IMA is not to be regarded— The IMA's property is not to be regarded—
The power of a Minister of the Crown under section 23(1) of the European Union (Withdrawal) Act 2018 to make such provision as the Minister considers appropriate in consequence of that Act includes the power to make such provision as the Minister considers appropriate in consequence of that Act as modified, or to be modified, by or under this Act (and references in the Act of 2018 to the power under section 23(1) of that Act are to be read accordingly). Sub-paragraph (1) does not limit the power conferred by section 41(1) above. The reference in sub-paragraph (1) to any modification by or under this Act of the European Union (Withdrawal) Act 2018 includes a reference to any modification made by or under this Act of a provision of another Act which was inserted into that other Act or otherwise modified by the Act of 2018.
Section 15
“withdrawal agreement” means the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom's withdrawal from the EU as modified in relation to the Windsor Framework (and as otherwise modified from time to time in accordance with any provision of that agreement).
The Secretary of State must pay to the IMA such sums as the Secretary of State considers appropriate for the purpose of enabling the IMA to exercise its functions.
The IMA— The IMA must send the proposed annual plan or any revision of it to the Secretary of State. The first annual plan must— Each subsequent annual plan must be sent to the Secretary of State not later than one month before the beginning of the financial year to which the plan relates.
The Independent Monitoring Authority for the Citizens’ Rights Agreements.
Citizens’ rights The Independent Monitoring Authority for the Citizens’ Rights Agreements.
The Secretary of State may appoint a person to be the IMA's chief executive until the appointment of a chief executive by the non-executive members under paragraph 2(3) first takes effect. A chief executive appointed by the Secretary of State may incur expenditure and do other things in the name and on behalf of the IMA until the membership of the IMA is first constituted in accordance with paragraph 2(1). In exercising the power in sub-paragraph (2), a chief executive appointed by the Secretary of State must act in accordance with any directions given by the Secretary of State.
A relevant public authority must not disclose information to the IMA if a Minister of the Crown certifies that the disclosure would be undesirable for reasons of national security. The power conferred by sub-paragraph (1) on a Minister of the Crown is exercisable only by—
A person holds and vacates office as a non-executive member of the IMA in accordance with the terms and conditions of the person’s appointment. The terms and conditions of a person’s appointment as a non-executive member of the IMA are to be determined by the Secretary of State, subject to the following provisions of this Schedule. The chair is to be appointed for a period of up to 5 years. Any other non-executive member of the IMA is to be appointed for a period of up to 4 years. A non-executive member may resign by giving notice in writing to the Secretary of State. The Secretary of State may by notice in writing remove a person from office as a non-executive member of the IMA on any of the grounds mentioned in sub-paragraph (7), but must consult the other non-executive members before doing so. The grounds are—
The IMA may regulate its own procedure, subject to the following. The IMA must establish and maintain a register of members’ interests. The IMA must publish entries recorded in the register. A meeting of the IMA is not quorate unless— The IMA’s procedures must include arrangements for dealing with conflicts of interests (within the meaning of paragraph 4(5)) of members. The arrangements must oblige each member— The validity of any proceedings of the IMA, or of its committees or sub-committees, is not affected by a vacancy or a defective appointment.
a Measure or Act of the National Assembly for Wales, or
an enactment contained in, or in an instrument made under, Northern Ireland legislation,
Subject to sub-paragraph (3), the IMA may carry out an inquiry— The purposes of an inquiry are for the IMA— The IMA may not carry out an inquiry under sub-paragraph (1)(e) or (f) unless satisfied that there are reasonable grounds to believe that the inquiry may conclude— The IMA may decide not to carry out an inquiry even if satisfied as mentioned in sub-paragraph (3). Among the reasons the IMA may decide not to carry out an inquiry is if it considers that there are no reasonable grounds to believe that the inquiry may identify general or systemic failings in the implementation or application of Part 2.
The IMA may, if it considers it appropriate to do so in order to promote the adequate and effective implementation or application of Part 2— For the purposes of sub-paragraph (1), the IMA is to be treated as having title and interest in relation to the subject matter of any application which it may make, or of any legal proceedings in which it may intervene, in Scotland. Sub-paragraph (1) does not create a cause of action. In this paragraph, “application for review” means—
The IMA is to exercise any function in relation to Gibraltar which—
the Gibraltar legislature confers on it, and
corresponds to a function which the IMA has in relation to the United Kingdom by virtue of this Schedule.
In this Schedule— In this Schedule, references to a relevant public authority acting include references to the relevant public authority failing to act.
A statutory instrument containing— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations under section 7, 8 or 9 is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations under section 39(4) is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations made by a Minister of the Crown acting alone under paragraph 1(3) of Schedule 5 on or after exit day is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations made by the Scottish Ministers acting alone under paragraph 1(3) of Schedule 5 on or after exit day are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). A statutory instrument containing regulations made by the Welsh Ministers acting alone under paragraph 1(3) of Schedule 5 on or after exit day is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulations made by a Northern Ireland department acting alone under paragraph 1(3) of Schedule 5 on or after exit day are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
If section 10(2) (which inserts section 3(5A) of the Immigration Act 1971) comes into force before IP completion day, section 3(5A) of the Act of 1971 is to be read, until IP completion day, as if— If section 10(4) (which inserts section 3(10) and (11) of the Immigration Act 1971) comes into force before IP completion day, section 3(10) of the Act of 1971 is to be read, until IP completion day, as if paragraphs (c) and (d) were omitted. If section 10(5) (which inserts section 33(6B) to (6D) of the UK Borders Act 2007) comes into force before IP completion day, section 33(6C) of the Act of 2007 is to be read, until IP completion day, as if paragraphs (c) and (d) were omitted.
The fact that a power to make regulations is conferred by this Act in the European Union (Withdrawal) Act 2018 does not affect the extent of any other power to make regulations under that Act. The modifications made by this Act to any power to make regulations conferred by the European Union (Withdrawal) Act 2018 do not affect the validity of any regulations made under that power before the coming into force of the modifications. Sub-paragraph (2) is subject to any provision made by regulations under section 41(5) above or section 23(6) of the Act of 2018.
The IMA must publish its intention to carry out an inquiry. Where an inquiry is about matters raised in a complaint by a person under paragraph 29(1)(a) or (b), the IMA must invite representations from— In any other inquiry, the IMA must invite representations from any person it considers appropriate. The IMA must publish information about how and when a person may submit representations in relation to an inquiry. The IMA must consider any representations which are submitted accordingly.
A statutory instrument containing the first regulations under section 11— Any other statutory instrument containing regulations under section 11 which amend, repeal or revoke— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. A statutory instrument containing regulations under section 11, other than a statutory instrument to which sub-paragraph (1) or (2) applies, is subject to annulment in pursuance of a resolution of either House of Parliament. In calculating the period of 40 days for the purposes of sub-paragraph (1) no account is to be taken of any time during which— If regulations cease to have effect as a result of sub-paragraph (1) that—
A person who claims to have a relevant right may complain to the IMA that— The IMA must carry out a preliminary review of each complaint in order to decide whether to carry out an inquiry under paragraph 25 in relation to it. In deciding whether to carry out an inquiry in response to a complaint, the IMA must consider whether it would be more appropriate for the person who made the complaint to deal with its subject matter by other means (for example, court proceedings) than for the IMA to carry out an inquiry. If the IMA decides not to carry out an inquiry, the IMA—
The IMA must publish guidance on how it will exercise its functions under paragraphs 22 to 30. The guidance must explain how the IMA will give effect to the importance of addressing general or systemic failings in the implementation and application of Part 2. In preparing the guidance, the IMA must have regard to— The IMA must first publish guidance within the period of 3 months beginning with the day on which the membership of the IMA is first constituted in accordance with paragraph 2(1).
A relevant public authority must, so far as reasonably practicable, comply with a request by the IMA to cooperate with it in the exercise of the IMA’s functions (including a request to provide information or documents).
Section 23
The Northern Ireland Act 1998 is amended as follows.
In section 6(2) (legislative competence), after paragraph (c), insert—.
In section 24(1) (restrictions on powers of Northern Ireland Ministers and departments), after paragraph (a), insert—.
In section 69 (functions of the Northern Ireland Human Rights Commission), after subsection (10), insert—
In section 71 of the Northern Ireland Act 1998 (restrictions on proceedings)—
in subsection (2B), for “human rights proceedings” substitute “proceedings which rely on section 7(1)(b) of the Human Rights Act 1998”, and
in subsection (2C), omit paragraph (a) (including the “and” at the end).
In section 74 (principal functions of the Equality Commission for Northern Ireland), after subsection (6), insert—
After section 78 insert—
In Schedule 3 (reserved matters), in paragraph 42, after paragraph (b), insert—.
Section 40
Any power to make regulations under this Act— For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
If an instrument, or a draft of an instrument, containing regulations under this Act would, apart from this paragraph, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
The Northern Ireland Act 1998 is amended as follows.
Any provision of primary legislation which— is to be read instead as providing for the provision to come into force on IP completion day or (as the case may be) at that time after IP completion day. But a relevant devolved authority may, by regulations and subject to sub-paragraphs (4) to (7)— The power to make regulations under sub-paragraph (2) may (among other things) be exercised by modifying any provision made by or under an enactment. No provision may be made by the Scottish Ministers in regulations under sub-paragraph (2) unless it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. No provision may be made by the Welsh Ministers in regulations under sub-paragraph (2) unless it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (including any provision that could be made only with the consent of a Minister of the Crown). No provision may be made by a Northern Ireland department in regulations under sub-paragraph (2) unless it would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of the Assembly (including any provision that could be made only with the consent of the Secretary of State). No regulations may be made under sub-paragraph (2) after the end of the period of one year beginning with IP completion day. In this paragraph “relevant devolved authority” means—
Any power to make regulations under this Act—
may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.
In section 6A(2) (restriction relating to retained EU law) for “exit day” substitute “IP completion day”.
The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make regulations under this Act.
Section 7 (entrenched enactments) is amended as follows. In subsection (1) for “subsection (2A)” substitute “subsections (2A) and (2B)”. In subsection (2A) for paragraphs (a) and (b) (but not the word “or” at the end of paragraph (b)) substitute—. After subsection (2A) insert—
In section 24(4)(b) (exception to section 24(3)) for “Schedule 2 or 4 to the European Union (Withdrawal) Act 2018” substitute —.
In Schedule 3 (reserved matters), in paragraph 38, for “exit day” substitute “IP completion day”.
Section 41(4) and (6)