Trade Act 2021

2 Implementation of international trade agreements

(1) An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing an international trade agreement to which the United Kingdom is a signatory.

(2) An “international trade agreement” means—

(a) a free trade agreement, or

(b) an international agreement that mainly relates to trade, other than a free trade agreement.

(3) Regulations under subsection (1) may make provision for the purpose of implementing a free trade agreement only if the other signatory (or each other signatory) and the European Union were signatories to a free trade agreement immediately before exit day.

(4) Regulations under subsection (1) may make provision for the purpose of implementing an international trade agreement other than a free trade agreement only if the other signatory (or each other signatory) and the European Union were signatories to an international trade agreement immediately before exit day.

(5) If regulations under subsection (1) contain provision about healthcare services, the provision must be consistent with maintaining UK publicly-funded clinical healthcare services.

(6) If regulations under subsection (1) contain provision in any of the areas listed in subsection (7), the provision must be consistent with maintaining UK levels of statutory protection in that area.

(7) The areas referred to in subsection (6) are—

(a) the protection of human, animal or plant life or health;

(b) animal welfare;

(c) environmental protection;

(d) employment and labour;

(e) data protection;

(f) the protection of children and vulnerable adults online.

(8) Regulations under subsection (1) may not make provision that could be made by regulations under section 9 of the Taxation (Cross-border Trade) Act 2018.

(9) Regulations under subsection (1) may, among other things, make provision—

(a) modifying retained direct principal EU legislation or primary legislation that is retained EU law;

(b) conferring functions on the Secretary of State or any other person, including conferring a discretion but not including a power to make subordinate legislation;

(c) for the delegation of functions;

(d) for civil penalties for failing to comply with the regulations.

(10) No regulations may be made under subsection (1) after the end of—

(a) the period of five years beginning with IP completion day (“the initial five year period”), or

(b) such other period or periods as are specified in regulations made by the Secretary of State in accordance with subsection (11).

(11) Regulations under subsection (10)(b) may not extend the initial five year period, or a further period specified in regulations under that subsection, by more than five years.

(12) In this section—

• “UK publicly-funded clinical healthcare services” means publicly-funded clinical healthcare services provided in the United Kingdom, or in the part of the United Kingdom in which the regulations have effect, on the date on which a draft of the regulations is laid;

• “UK levels of statutory protection” means levels of protection provided by or under—

  (a)

  primary legislation,

  (b)

  subordinate legislation, or

  (c)

  retained direct EU legislation,

  which has effect in the United Kingdom, or in the part of the United Kingdom in which the regulations have effect, on the date on which a draft of the regulations is laid.