European Union (Withdrawal) Act 2018

Enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation under section 2(2) of the ECA (including subordinate legislation implementing EU directives)

14 (1) This paragraph applies where, on or after exit day—

(a) a statutory instrument which—

(i) amends or revokes subordinate legislation made under section 2(2) of the European Communities Act 1972, and

(ii) is made under a power conferred before the beginning of the Session in which this Act is passed, or

(b) a draft of such an instrument,

is to be laid before each House of Parliament and subject to no procedure before any other legislature.

(2) The relevant authority must publish, in such manner as the relevant authority considers appropriate, a draft of the instrument at least 28 days before the instrument or draft is laid.

(3) The relevant authority must make a scrutiny statement before the instrument or draft is laid.

(4) A scrutiny statement is a statement—

(a) setting out the steps which the relevant authority has taken to make the draft instrument published in accordance with sub-paragraph (2) available to each House of Parliament,

(b) containing information about the relevant authority’s response to—

(i) any recommendations made by a committee of either House of Parliament about the published draft instrument, and

(ii) any other representations made to the relevant authority about the published draft instrument, and

(c) containing any other information that the relevant authority considers appropriate in relation to the scrutiny of the instrument or draft instrument which is to be laid.

(5) A scrutiny statement must be in writing and must be published in such manner as the relevant authority considers appropriate.

(6) Sub-paragraphs (2) to (5) do not apply if the relevant authority—

(a) makes a statement in writing to the effect that the relevant authority is of the opinion that, by reason of urgency, sub-paragraphs (2) to (5) should not apply, and

(b) publishes the statement in such manner as the relevant authority considers appropriate.

(7) This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses.

(8) This paragraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if references to each or either House of Parliament, or both Houses, were references to the House of Commons only.

(9) For the purposes of this paragraph—

(a) a power is conferred whether or not it is in force,

(b) the draft instrument published under sub-paragraph (2) need not be identical to the final version of the instrument or draft instrument as laid,

(c) where an instrument or draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses, and

(d) in calculating the period of 28 days, no account is to be taken of any time during which—

(i) Parliament is dissolved or prorogued, or

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

(10) Sub-paragraph (8) of paragraph 13 applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.

(11) In this paragraph “the relevant authority” means—

(a) in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,

(b) in the case of any other statutory instrument which is not to be made by a Minister of the Crown, the person who is to make the instrument, and

(c) in any other case, the Minister of the Crown who is to make the instrument.

(12) This paragraph is subject to any other provision made by or under this Act or any other enactment.