European Union (Withdrawal Agreement) Act 2020

16 Regulations: supplementary

(1) In sections 7, 8, 9 and 14—

(a) 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,

(b) 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

(c) 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.

(2) 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).

(3) 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).

(4) In subsection (3), “public authority” means a person who exercises functions of a public nature.