Part 3: Other amendments of devolution legislation
- Part 3 (paragraphs 6 to 62) contains a series of amendments to the devolution legislation resulting from the UK leaving the EU. Specifically, it amends the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006.
- The amendments deal with a variety of issues and how these need to be reflected in the devolution legislation, including the repeal of the ECA by section 1, the preservation and conversion of existing EU law into UK domestic law on and after exit day by sections 2, 3 and 4 and the approach to legislative and executive competence taken by section 12 and Part 1 of Schedule 3. For example, the specific mechanism under section 106(7) Scotland Act 1998 for enforcement of certain EU obligations has been removed on the basis that EU obligations forming part of retained EU law will continue to bind devolved ministers as a matter of domestic law. Provision is also made in respect of the cessation of European Parliamentary elections in the UK, the protection of this Act (but not secondary legislation made under the Act) from modification, and to deal with other deficiencies arising in the devolution legislation which will result from the UK leaving the EU.
- Paragraphs 25, 43 and 58 amend the Scotland Act 1998 , the Government of Wales 2006, and the Northern Ireland Act 1998 respectively to insert duties for a Minister of the Crown to make certain statements when exercising the powers inserted into those Acts by section 12 of, and Part 1 of Schedule 3 to, this Act. They provide that a Minister of the Crown must publish a written statement explaining the effect of any instrument made under these powers before it can be laid before Parliament. Additionally, if the relevant devolved legislature has not given its consent to the draft, a Minister of the Crown must publish a written statement explaining why the draft is to be laid in the absence of consent and must provide to Parliament any statement from the relevant devolved administration explaining, in their opinion, why the legislature has not provided its consent, before the draft can be laid before Parliament. .
- Not all changes to the devolution legislation have been included in the Act. For example, changes to the list of reserved matters in Part 2 of Schedule 5 to the Scotland Act 1998 and in Schedule 7A to the Government of Wales Act 2006 to correct deficiencies arising as a consequence of EU exit are, with the exception on an amendment to the reservation of technical standards in both Acts, not included because these can be made using the existing powers in section 30 of the Scotland and section 109 of the Government of Wales Act and further discussion with the devolved administrations is needed to agree these changes.
- Paragraphs 22, 47 and 61 amend the reservation of ‘technical standards and requirements in relation to products in pursuance of an obligation under EU law’ in section C8 of Schedule 3 to Scotland Act 1998, section C7 of Schedule 7A to the Government of Wales Act 2006 (as amended by the Wales Act 2017) and paragraph 38 of Schedule 3 to the Northern Ireland Act respectively. These amendments ensure that the reservation will continue to operate correctly when EU law ceases to apply in the UK and in doing so preserve the current scope of the reservation. Those standards subject to the current reservations will continue to be a reserved matter, including as they may be modified from time to time, but technical standards that do not relate to the reservation (or other reservations in the settlement) will remain within devolved competence. This includes the exemptions to the reservations listed in the devolution statutes, for example food, and agricultural and horticultural produce.
