European Union (Withdrawal Agreement) Act 2020

Rights in relation to entry and residence

2 (1) A statutory instrument containing the first regulations under section 11—

(a) must be laid before Parliament after being made, and

(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(2) Any other statutory instrument containing regulations under section 11 which amend, repeal or revoke—

(a) primary legislation, or

(b) retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) 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.

(4) 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—

(a) Parliament is dissolved or prorogued, or

(b) either House of Parliament is adjourned for more than four days.

(5) If regulations cease to have effect as a result of sub-paragraph (1) that—

(a) does not affect the validity of anything previously done under the regulations, and

(b) does not prevent the making of new regulations.