European Union (Withdrawal Agreement) Act 2020

Equal treatment etc.

14 Non-discrimination, equal treatment and rights of workers etc.

(1) 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—

(a) Article 12 (prohibition of discrimination on grounds of nationality);

(b) Article 23 (right to equal treatment);

(c) Articles 24(1) and 25(1) (rights of workers and the self-employed);

(d) Articles 24(3) and 25(3) (rights of employed or self-employed frontier workers) as regards rights enjoyed as workers.

(2) 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—

(a) Article 11 (prohibition of discrimination on grounds of nationality);

(b) Article 22 (right to equal treatment);

(c) Articles 23(1) and 24(1) (rights of workers and the self-employed);

(d) Articles 23(3) and 24(3) (rights of employed or self-employed frontier workers) as regards rights enjoyed as workers.

(3) 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—

(a) Article 7 (prohibition of discrimination on grounds of nationality);

(b) Article 18 (right to take up employment etc.);

(c) Article 19 (rights of employed or self-employed persons etc.);

(d) Article 20(1) (rights of frontier workers);

(e) Article 23(1) (rights of persons providing services).

(4) 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—

(a) persons to whom the provision in question applies, and

(b) 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).

(5) 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.

(6) In this section, “appropriate authority” means—

(a) a Minister of the Crown,

(b) a devolved authority, or

(c) a Minister of the Crown acting jointly with a devolved authority.

(7) Schedule 1 contains further provision about the power of devolved authorities to make regulations under this section.