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European Union (Withdrawal Agreement) Act 2020

Contents

Part 1: Procedure

  1. Part 1 of this Schedule sets out the parliamentary procedures attaching to the regulations laid under the various powers in the Act.
  2. Sub-paragraphs 1(1) and (2) set out the procedures for regulations under section 7 (rights related to residence: deadline for applications and temporary protection); section 8 (frontier workers); and section 9 (restrictions of rights of entry and residence). Sub-paragraph 1(1) provides that the first regulations under section 7(1)(b) to (g), 8(1), or 9, and regulations under section 7, 8 or 9 which amend repeal or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (2) provides that any other regulations made under section 7, 8 or 9 shall be subject to the negative resolution procedure.
  3. Sub-paragraph 2(1) sets out the procedure that will apply to the first regulations made under section 11 (appeals against citizens’ rights immigration decisions). The procedure that shall apply to the first set of regulations made under section 11 is the made affirmative procedure. Sub-paragraph (2) provides that subsequent regulations made under section 11 that amend repeal or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (3) provides that any other regulation made under section 11 is subject to the negative resolution procedure. Sub-paragraphs (4) and (5) set out in further detail the operation of the made affirmative procedure.
  4. Sub-paragraphs 3(1) and (2) set out the procedures that apply to regulations made by a Minister of the Crown acting alone under section 12 (recognition of professional qualifications); section 13 (co-ordination of social security systems); and section 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (1) provides that regulations made by a Minister of the Crown acting alone under sections 12, 13, or 14 that amend, repeal or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (2) provides that any other regulations made by a Minister of the Crown acting alone under sections 12, 13, or 14 are subject to the negative resolution procedure.
  5. Sub-paragraphs (3) and (4) set out the procedures that apply to regulations made by a Scottish Minister acting alone under section 12 (recognition of professional qualifications); section 13 (co-ordination of social security systems); and section 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (3) provides that regulations made by a Scottish Minister acting alone under section 12, 13, or 14 that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (4) provides that other regulations made by a Scottish Minister acting alone under section 12, 13, or 14 are subject to the negative resolution procedure.
  6. Sub-paragraphs (5) and (6) set out the procedures that apply to regulations made by a Welsh Minister acting alone under section 12 (recognition of professional qualifications); section 13 (co-ordination of social security systems); and section 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (5) provides that regulations made by a Welsh Minister acting alone under section 12, 13, or 14 that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (6) provides that other regulations made by a Welsh Minister acting alone under section 12, 13, or 14 are subject to the negative resolution procedure.
  7. Sub-paragraphs (7) and (8) set out the procedures that apply to regulations made by a Northern Ireland department acting alone under section 12 (recognition of professional qualifications); section 13 (co-ordination of social security systems); and section 14 (non-discrimination, equal treatment and rights of workers etc). Sub-paragraph (7) provides that regulations made by a Northern Ireland department acting alone under section 12, 13, or 14 that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure. Sub-paragraph (8) provides that other regulations made by a Northern Ireland department acting alone under section 12, 13, or 14 are subject to the negative resolution procedure.
  8. Paragraph 4 sets out the procedures that apply to regulations made under section 12 (recognition of professional qualifications); section 13 (co-ordination of social security systems); and section 14 (non-discrimination, equal treatment and rights of workers etc) by a Minister of the Crown acting jointly with a devolved authority. In addition to the other application procedures provided for under paragraph 4 regulations made by a Minister of the Crown acting jointly with a devolved authority that amend, repeal, or revoke primary legislation or retained direct principal EU legislation are subject to the draft affirmative procedure by resolution of each House of Parliament. Any other regulations made jointly are subject to the negative procedure by resolution of either House of Parliament.
  9. Paragraph 5 sets out the procedure that applies to regulations made under section 39(4) to amend the definition of ‘IP completion day’ to take account of changes to EU summertime. Any such regulations will be subject to the negative resolution procedure.
  10. Paragraph 6 establishes that regulations made under section 41(1) to make consequential provision are to be made under the negative procedure.
  11. Paragraph 7 sets out the procedure that applies to regulations made under paragraph 39 or 40 of Schedule 2 (transfer and abolition of IMA’s functions), which is the draft affirmative procedure.
  12. Paragraph 8 applies to the power in paragraph 1(3) of Schedule 5 of the Act which allows a Minister of the Crown or devolved authority acting alone to make exceptions from the mass deferral. Where a Minister of the Crown, the Scottish Ministers, Welsh Ministers or a Northern Ireland department are exercising these powers before exit day, the regulations will be subject to no procedure. Where the powers are being exercised on or after exit day, the regulations will be subject to the negative procedure.
  13. Paragraph 9 applies to the power in paragraph 1(3) of Schedule 5 of the Act where it is being exercised jointly by a Minister of the Crown and a devolved authority. Where the powers are exercised jointly before exit day, the regulations will be subject to no procedure. Where the powers are being exercised jointly on or after exit day, the regulations will be subject to the negative procedure. A statutory instrument containing regulations is subject to the negative procedure by resolution of either House of Parliament as well as any other applicable procedure under paragraph 9.
  14. Paragraph 10 sets out that regulations made on or after exit day by Scottish Ministers, Welsh Ministers or Northern Ireland departments under paragraph 3(2) of Schedule 5 are subject to the negative procedure in the respective legislatures.

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