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European Union (Withdrawal Agreement) Act 2020

Type Public General Act

Publication 2020-01-23

Last updated 2024-02-20

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“enactment” means an enactment whenever passed or made and includes—an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act of Parliament,an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,an enactment contained in, or in an instrument made under, Northern Ireland legislation,an enactment contained in any instrument made by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty,an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, andany retained direct EU legislation;

“IP completion day” means 31 December 2020 at 11.00 p.m (and see subsections (2) to (5));

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

“modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;

“subordinate legislation” means any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any primary legislation;

“Swiss citizens' rights agreement” means (as modified from time to time in accordance with any provision of it) the Agreement signed at Bern on 25 February 2019 between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens' rights following the withdrawal of the United Kingdom from—the European Union, andthe free movement of persons agreement,so far as the Agreement operates for the purposes of the case where “specified date” for the purposes of that Agreement has the meaning given in Article 2(b)(ii) of that Agreement;

“Windsor Framework” means the part of the withdrawal agreement known as the Windsor Framework by virtue of Joint Declaration No. 1/2023 of 24 March 2023 made between the EU and the United Kingdom in the Joint Committee established by the withdrawal agreement;

“withdrawal agreement” means the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom's withdrawal from the EU as modified in relation to the Windsor Framework (and as otherwise modified from time to time in accordance with any provision of that agreement).

(2) In this Act references to before, after or on IP completion day, or to beginning with IP completion day, are to be read as references to before, after or at 11.00 p.m. on 31 December 2020 or (as the case may be) to beginning with 11.00 p.m. on that day.

(3) Subsection (4) applies if, by virtue of any change to EU summer-time arrangements, the transition or implementation period provided for by Part 4 of the withdrawal agreement is to end on a day or time which is different from that specified in the definition of “IP completion day” in subsection (1).

(4) A Minister of the Crown may by regulations—

(a) amend the definition of “IP completion day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the transition or implementation period provided for by Part 4 of the withdrawal agreement is to end, and

(b) amend subsection (2) in consequence of any such amendment.

(5) In subsection (3) “EU summer-time arrangements” means the arrangements provided for by Directive 2000/84/EC of the European Parliament and of the Council of 19 January 2001 on summer-time arrangements.

(6) In this Act any reference to an Article of the Treaty on European Union includes a reference to that Article as applied by Article 106a of the Euratom Treaty.

Supplementary and final

Regulations

40

Schedule 4 contains provision about regulations under this Act (including provision about procedure).

Consequential and transitional provision etc.

41

(1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

(2) The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3) In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.

(4) Parts 1 and 2 of Schedule 5 contain minor and consequential provision.

(5) A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day or IP completion day).

(6) Part 3 of Schedule 5 contains transitional, transitory and saving provision.

Extent, commencement and short title

42

(1) Subject to subsections (2) to (5), this Act extends to England and Wales, Scotland and Northern Ireland.

(2) Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

(3) Accordingly, section 1 (but not section 2) also extends to the Isle of Man, the Channel Islands and Gibraltar.

(4) The power in section 36 of the Immigration Act 1971 or (as the case may be) section 60(4) of the UK Borders Act 2007 may be exercised so as to extend (with or without modifications) to the Isle of Man or any of the Channel Islands the modifications made to that Act by section 10 above.

(5) Paragraphs 1 and 2 of Schedule 5, so far as they relate to the modification of any provision in subordinate legislation which extends outside England and Wales, Scotland and Northern Ireland, also extend there.

(6) The following provisions—

(a) sections 3 and 4,

(b) sections 11, 16 and 17,

(d) section 41(1) to (3) and (5),

(e) the following provisions of Schedule 5—

(i) paragraphs 1(3) to (6) and 2,

(ii) paragraph 3(2) to (8),

(iii) paragraph 4,

(iv) paragraphs 5 and 7(a) and (b),

(v) paragraphs 8 and 12(a) and (b),

(vi) paragraphs 17, 20, 22, 24, 27 and 31,

(vii) paragraphs 32, 36(a) and (b) and 37(b) and (c),

(viii) paragraphs 38, 41(1) and (3)(a), 42, 44(1), (2)(a), (d) and (e) and (3), 47(1), (2), (4) and (6) and 50,

(ix) paragraphs 51 and 56(1) and (7)(b) for the purposes of making regulations under section 8A of, or Part 1A of Schedule 2 to, the European Union (Withdrawal) Act 2018,

(x) paragraphs 52(1) and (3) to (7) and 53(1) to (4), (6), (7)(a), (8)(a) and (9) to (13),

(xi) paragraph 56(1) and (6)(b) to (d), and

(xii) paragraphs 65 to 68,

(and section 41(4) and (6) so far as relating to any provision so far as it falls within any of sub-paragraphs (i) to (xii)), and

(f) this section,

come into force on the day on which this Act is passed.

(7) The provisions of this Act, so far as they are not brought into force by subsection (6), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

(8) This Act may be cited as the European Union (Withdrawal Agreement) Act 2020.

SCHEDULE 1

No power to make provision outside devolved competence

1

No provision may be made by a devolved authority acting alone in regulations under section 12, 13 or 14 unless the provision is within the devolved competence of the devolved authority.

2

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Schedule if—

(a) it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament ..., or

(b) it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone ....

3

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Schedule if—

(a) it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (... including any provision that could be made only with the consent of a Minister of the Crown), or

(b) it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone ....

4

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Schedule if—

(a) the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i) would be within the legislative competence of the Assembly ..., and

(ii) would not require the consent of the Secretary of State,

(b) the provision—

(i) amends or repeals Northern Ireland legislation, and

(ii) would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly ... and require the consent of the Secretary of State, or

(c) the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone ....

5

(1) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under section 12, 13 or 14 so far as that provision, if contained in an Act of the National Assembly for Wales, would require the consent of a Minister of the Crown.

(2) The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under section 12, 13 or 14 so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.

(3) Sub-paragraph (1) or (2) does not apply if—

(a) the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and

(b) no such consent would be required in that case.

(4) The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under section 12, 13 or 14 so far as that provision, if contained in—

(a) subordinate legislation made otherwise than under this Act by the devolved authority, or

(b) subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by—

(i) in the case of Scotland, the First Minister or Lord Advocate acting alone, or

(ii) in the case of Northern Ireland, a Northern Ireland devolved authority acting alone,

would require the consent of a Minister of the Crown.

(5) Sub-paragraph (4) does not apply if—

(a) the provision could be contained in—

(i) an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, or

(ii) different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) another person acting alone, and

(b) no such consent would be required in that case.

Requirement for joint exercise where it would otherwise be required

6

(1) No regulations may be made under section 12, 13 or 14 by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

(a) the Scottish Ministers acting jointly with a Minister of the Crown, or

(b) the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(2) No regulations may be made under section 12, 13 or 14 by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(3) No regulations may be made under section 12, 13 or 14 by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

(a) a Northern Ireland department acting jointly with a Minister of the Crown, or

(b) another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(4) Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

(a) an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

(b) different subordinate legislation made otherwise than under this Act by—

(i) the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii) the Welsh Ministers acting alone, or

(iii) (as the case may be), a Northern Ireland devolved authority acting alone.

Requirement for consultation where it would otherwise be required

7

(1) No regulations may be made under section 12, 13 or 14 by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of the National Assembly for Wales, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(2) No regulations may be made under section 12, 13 or 14 by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(3) No regulations may be made under section 12, 13 or 14 by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(4) No regulations may be made under section 12, 13 or 14 by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(5) Sub-paragraph (2), (3) or (4) does not apply if—

(a) the provision could be contained in an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, and

(b) there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

(6) Sub-paragraph (2), (3) or (4) does not apply if—

(a) the provision could be contained in different subordinate legislation made otherwise than under this Act by—

(i) the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii) the Welsh Ministers acting alone, or

(iii) (as the case may be), a Northern Ireland devolved authority acting alone, and

(b) there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

Interpretation

8

In this Schedule “Northern Ireland devolved authority” means—

(a) the First Minister and deputy First Minister in Northern Ireland acting jointly,

(b) a Northern Ireland Minister, or

SCHEDULE 2

PART 1 — Constitution, proceedings etc.

Status

1

(1) The IMA is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The IMA's property is not to be regarded—

(a) as the property of the Crown, or

(b) as property held on behalf of the Crown.

Membership

2

(1) The IMA is to consist of the following members—

(a) a chair (who is to be a non-executive member),

(b) at least 2 but not more than 6 other non-executive members,

(d) at least 1 but not more than 3 other executive members.

(2) The Secretary of State is to appoint the non-executive members.

(3) The non-executive members are to appoint the executive members (subject to paragraph 3).

(4) The non-executive members may make appointments under sub-paragraph (3) only if the chair and at least 2 other non-executive members have been appointed.

(5) The non-executive members must consult the Secretary of State before appointing the chief executive.

(6) The Secretary of State and the non-executive members must, so far as possible, ensure that the number of non-executive members exceeds the number of executive members.

(7) A person may not hold office as a member of the IMA if the person is a civil servant.

(8) The executive members are employees of the IMA.

(9) In sub-paragraphs (3) to (6), the references to the non-executive members are to all the non-executive members for the time being.

Interim chief executive

3

(1) The Secretary of State may appoint a person to be the IMA's chief executive until the appointment of a chief executive by the non-executive members under paragraph 2(3) first takes effect.

(2) A chief executive appointed by the Secretary of State may incur expenditure and do other things in the name and on behalf of the IMA until the membership of the IMA is first constituted in accordance with paragraph 2(1).

(3) In exercising the power in sub-paragraph (2), a chief executive appointed by the Secretary of State must act in accordance with any directions given by the Secretary of State.

Requirements relating to appointment

4

(1) In making appointments, the Secretary of State and the non-executive members must have regard to the desirability of the IMA's members (between them) having knowledge of conditions in the United Kingdom relating to matters in relation to which provision is made in Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement (“the relevant matters”).

(2) The Secretary of State must, so far as possible, ensure that the non-executive members of the IMA include—

(a) a member who knows about conditions in Scotland relating to the relevant matters,

(b) a member who knows about conditions in Wales relating to the relevant matters, and

(3) If the IMA has functions in relation to Gibraltar by virtue of paragraph 33, the Secretary of State must, so far as possible, ensure that the non-executive members of the IMA include a member who knows about conditions in Gibraltar relating to the relevant matters.

(4) Before appointing a person, the Secretary of State or the non-executive members (as the case may be) must be satisfied that the person does not have a conflict of interest.

(5) In sub-paragraph (4), “conflict of interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by the person of the person's functions as a member of the IMA.

Procedure for appointing members with knowledge of conditions in devolved areas etc.

5

(1) This paragraph applies in relation to the appointment of non-executive members for the purposes of paragraph 4(2) and (3).

(2) Before making an appointment, the Secretary of State must tell the relevant authority who the Secretary of State proposes to appoint and why.

(3) If the relevant authority approves the proposed appointment within the period of one month beginning with the day on which the Secretary of State complies with sub-paragraph (2), the Secretary of State must appoint that person (subject to sub-paragraph (4)).

(4) If that person is no longer available or the Secretary of State and the relevant authority agree, after the relevant authority has given its approval as mentioned in sub-paragraph (3), that it is no longer appropriate to appoint that person—

(a) the Secretary of State must propose to appoint a different person, and

(b) sub-paragraphs (2) and (3) apply again.

(5) If the relevant authority does not approve the proposed appointment as mentioned in sub-paragraph (3), the Secretary of State may—

(a) make the proposed appointment without the approval of the relevant authority, or

(b) propose to appoint a different person.

(6) If the Secretary of State proposes to appoint a different person, sub-paragraphs (2) to (5) apply again.

(7) If the Secretary of State makes a proposed appointment without the approval of the relevant authority as mentioned in sub-paragraph (3), the Secretary of State must publish a statement explaining why the Secretary of State has proceeded with the appointment.

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

(a) in relation to an appointment for the purposes of paragraph 4(2)(a), the Scottish Ministers,

(b) in relation to an appointment for the purposes of paragraph 4(2)(b), the Welsh Ministers,

(d) in relation to an appointment for the purposes of paragraph 4(3), the Gibraltar Ministers.

Non-executive members: terms of appointment and tenure etc.

6

(1) A person holds and vacates office as a non-executive member of the IMA in accordance with the terms and conditions of the person's appointment.

(2) The terms and conditions of a person's appointment as a non-executive member of the IMA are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3) The chair is to be appointed for a period of up to 5 years.

(4) Any other non-executive member of the IMA is to be appointed for a period of up to 4 years.

(5) A non-executive member may resign by giving notice in writing to the Secretary of State.

(6) The Secretary of State may by notice in writing remove a person from office as a non-executive member of the IMA on any of the grounds mentioned in sub-paragraph (7), but must consult the other non-executive members before doing so.

(7) The grounds are—

(a) that the person has been absent from the IMA's meetings for a continuous period of more than 6 months without the IMA's permission;

(b) that, in the opinion of the Secretary of State, the person has a conflict of interest (within the meaning of paragraph 4(5)) which prevents the person carrying out the functions of the office;

(d) that, in the opinion of the Secretary of State, the person is unable, unwilling or unfit to carry out the functions of the office;

(e) any other grounds specified in the person's terms of appointment.

Remuneration of non-executive members

7

(1) The IMA must pay its non-executive members such remuneration as the Secretary of State may determine.

(2) The IMA must pay, or make provision for paying, to or in respect of any person who is or has been a non-executive member such sums as the Secretary of State may determine in respect of allowances and gratuities.

(3) Sub-paragraph (4) applies where—

(a) a person ceases to hold office as a non-executive member other than by reason of their term of office expiring, and

(b) the Secretary of State thinks there are special circumstances that make it right for the person to receive compensation.

(4) The IMA must make a payment to the person of such amount as the Secretary of State may determine.

Staffing of the IMA

8

(1) The IMA may—

(a) appoint employees (in addition to the executive members), and

(b) make such other arrangements for the staffing of the IMA as it considers appropriate.

(2) The terms and conditions of appointment as an employee are to be determined—

(a) in the case of employees other than a chief executive appointed by the Secretary of State, by the IMA with the approval of the Secretary of State, or

(b) in the case of a chief executive appointed by the Secretary of State, by the Secretary of State.

(3) The IMA must pay its employees such remuneration—

(a) in the case of employees other than a chief executive appointed by the Secretary of State, as the IMA may determine with the approval of the Secretary of State, or

(b) in the case of a chief executive appointed by the Secretary of State, as the Secretary of State may determine.

(4) The IMA must pay, or make provision for paying, to or in respect of a person who is or has been an employee of the IMA, such sums in respect of pensions, allowances and gratuities—

(a) in the case of employees other than a chief executive appointed by the Secretary of State, as the IMA may determine with the approval of the Secretary of State, or

(b) in the case of a chief executive appointed by the Secretary of State, as the Secretary of State may determine.

(5) In the Superannuation Act 1972 (“the 1972 Act”), in Schedule 1 (kinds of employment to which a scheme under section 1 of the 1972 Act can apply), in the list of “Other Bodies”, at the appropriate place insert— “ The Independent Monitoring Authority for the Citizens' Rights Agreements. ”

(6) The IMA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase in the sums payable out of money provided by Parliament which is attributable to the provision of pensions by virtue of section 1 of the 1972 Act or section 1 of the Public Service Pensions Act 2013 in respect of employees of the IMA.

(7) In relation to executive members of the IMA, references in sub-paragraphs (2) to (4) to the IMA determining something with the approval of the Secretary of State are to be read as references to the non-executive members determining that thing with the approval of the Secretary of State.

Procedure

9

(1) The IMA may regulate its own procedure, subject to the following.

(2) The IMA must establish and maintain a register of members' interests.

(3) The IMA must publish entries recorded in the register.

(4) A meeting of the IMA is not quorate unless—

(a) at least half the members appointed for the time being are present, and

(b) a majority of the members present are non-executive members.

(5) The IMA's procedures must include arrangements for dealing with conflicts of interests (within the meaning of paragraph 4(5)) of members.

(6) The arrangements must oblige each member—

(a) to declare all financial interests,

(b) to declare any other personal interest relevant to the exercise of a function, and

(c) to withdraw from the exercise of any function to which an interest of a sort mentioned in paragraph (a) or (b) is relevant, unless the IMA is satisfied that the interest will not influence the exercise of the function.

(7) The validity of any proceedings of the IMA, or of its committees or sub-committees, is not affected by a vacancy or a defective appointment.

Discharge of functions

10

(1) The IMA may authorise a committee, member or employee of the IMA to do anything the IMA may do apart from approving an annual report to be provided as mentioned in paragraph 31.

(2) A committee of the IMA may authorise the following to do anything which the committee may do under sub-paragraph (1)—

(a) a sub-committee,

(b) a member of the committee,

(d) an employee of the IMA.

(3) Committees and sub-committees may include employees of the IMA who are not members of it.

Seal and evidence

11

(1) The application of the IMA's seal must be authenticated by the signature of—

(a) the chief executive of the IMA, or

(b) some other person authorised for that purpose by the IMA.

(2) A document purporting to be duly executed under the IMA's seal or signed on its behalf—

(a) is to be received in evidence, and

(b) is to be taken to be executed or signed in that way, unless the contrary is shown.

(3) But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

Funding

12

The Secretary of State must pay to the IMA such sums as the Secretary of State considers appropriate for the purpose of enabling the IMA to exercise its functions.

Operational independence

13

In exercising functions in respect of the IMA, the Secretary of State must have regard to the need to protect—

(a) its operational independence, and

(b) its ability to make impartial assessments when exercising its functions.

Accounts and audit

14

(1) The IMA must—

(a) keep proper accounts and proper records in relation to them, and

(b) prepare a statement of accounts in respect of each financial year.

(2) Each statement of accounts must comply with any directions given by the Secretary of State as to—

(a) its content and form;

(b) the methods and principles to be applied in preparing it;

(3) The IMA must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on each statement of accounts, and

(b) lay a copy of each statement and the report on the statement before Parliament within the period of 4 months beginning with the day on which the Comptroller and Auditor General receives the statement.

(5) In this Schedule, “financial year” means—

(a) the period beginning with the day on which the membership of the IMA is first constituted in accordance with paragraph 2(1) and ending with—

(i) the first 31 March after that day, if that results in the first financial year being a period of 6 months or more, or

(ii) otherwise, the second 31 March after that day, and

(b) each successive period of 12 months.

Annual plan

15

(1) The IMA—

(a) must prepare, for each financial year, a plan for the exercise during that year of its functions (“the annual plan”), and

(b) may revise the annual plan.

(2) The IMA must send the proposed annual plan or any revision of it to the Secretary of State.

(3) The first annual plan must—

(a) be completed within the period of three months beginning with the day on which the membership of the IMA is first constituted in accordance with paragraph 2(1), and

(b) relate to the remainder of the financial year that begins with that day.

(4) Each subsequent annual plan must be sent to the Secretary of State not later than one month before the beginning of the financial year to which the plan relates.

Public records

16

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate place, insert— “ Independent Monitoring Authority for the Citizens' Rights Agreements. ”

Investigation by the Parliamentary Commissioner

17

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), at the appropriate place, insert— “ Independent Monitoring Authority for the Citizens' Rights Agreements. ”

House of Commons disqualification

18

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place, insert— “ The Independent Monitoring Authority for the Citizens' Rights Agreements. ”

Northern Ireland Assembly disqualification

19

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place, insert— “ The Independent Monitoring Authority for the Citizens' Rights Agreements. ”

Freedom of information

20

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies), at the appropriate place, insert— “ The Independent Monitoring Authority for the Citizens' Rights Agreements. ”

Public sector equality duty

21

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), after the group of entries under the heading “Broadcasting”, insert—

Citizens' rights The Independent Monitoring Authority for the Citizens' Rights Agreements.

PART 2 — Functions of the IMA etc.

General duties

22

(1) The IMA must monitor the implementation and application in the United Kingdom of Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement.

(2) The duty in sub-paragraph (1) includes keeping under review the adequacy and effectiveness of—

(a) the legislative framework which implements or otherwise deals with matters arising out of, or related to, Part 2, and

(b) the exercise by relevant public authorities of functions in relation to Part 2.

(3) In this Schedule—

“Part 2” means Part 2 of the withdrawal agreement or (as the case may be) Part 2 of the EEA EFTA separation agreement, so far as the Part in question applies to and in the United Kingdom;

“relevant public authority” means the Secretary of State or any other person who exercises functions of a public nature, apart from—a court or tribunal;either House of Parliament or a person exercising functions in connection with proceedings in Parliament;the devolved legislatures or a person exercising functions in connection with proceedings in any of the devolved legislatures.

23

(1) The IMA must promote the adequate and effective implementation and application in the United Kingdom of Part 2 of the withdrawal agreement and Part 2 of the EEA EFTA separation agreement.

(2) For related functions see—

(a) paragraph 27 (reports following an inquiry), and

(b) paragraph 30 (instituting or intervening in legal proceedings).

24

In exercising its functions, the IMA must have regard to the importance of addressing general or systemic failings in the implementation or application of Part 2.

Inquiries

25

(1) Subject to sub-paragraph (3), the IMA may carry out an inquiry—

(a) in response to a request from the Secretary of State,

(b) in response to a request from the Scottish Ministers relating to a relevant public authority which is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998),

(c) in response to a request from the Welsh Ministers relating to a relevant public authority which is a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006,

(d) in response to a request from the Executive Office in Northern Ireland relating to a relevant public authority—

(i) which exercises functions only in or as regards Northern Ireland, and

(ii) whose functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998),

(e) following a complaint by a person under paragraph 29, or

(f) on its own initiative.

(2) The purposes of an inquiry are for the IMA—

(a) to decide whether—

(i) the United Kingdom has failed to comply with Part 2, or

(ii) a relevant public authority has acted or is proposing to act in a way that prevents a person exercising a relevant right (see paragraph 41(1)), and

(b) to identify any recommendations that it considers appropriate to be made to a relevant public authority to promote the adequate and effective implementation or application of Part 2.

(3) The IMA may not carry out an inquiry under sub-paragraph (1)(e) or (f) unless satisfied that there are reasonable grounds to believe that the inquiry may conclude—

(a) that the United Kingdom has failed to comply with Part 2, or

(b) that a relevant public authority has acted or is proposing to act in a way that prevents a person exercising a relevant right.

(4) The IMA may decide not to carry out an inquiry even if satisfied as mentioned in sub-paragraph (3).

(5) Among the reasons the IMA may decide not to carry out an inquiry is if it considers that there are no reasonable grounds to believe that the inquiry may identify general or systemic failings in the implementation or application of Part 2.

26

(1) The IMA must publish its intention to carry out an inquiry.

(2) Where an inquiry is about matters raised in a complaint by a person under paragraph 29(1)(a) or (b), the IMA must invite representations from—

(a) the person,

(b) any relevant public authority about which the person is complaining, and

(3) In any other inquiry, the IMA must invite representations from any person it considers appropriate.

(4) The IMA must publish information about how and when a person may submit representations in relation to an inquiry.

(5) The IMA must consider any representations which are submitted accordingly.

Reports following an inquiry

27

(1) When the IMA has carried out an inquiry under paragraph 25, it must—

(a) prepare a written report of its conclusions, and

(b) include in the report any recommendations it considers appropriate to be made to a relevant public authority to promote the adequate and effective implementation or application of Part 2.

(2) The IMA must publish a report as soon as reasonably practicable after preparing it.

(3) Before publishing a report that contains material relating to border security or terrorism (including material about individual cases), the IMA must give the Secretary of State an opportunity to require the IMA to remove from the report any material which, in the opinion of the Secretary of State, should not be published on the grounds that its publication—

(a) is undesirable for reasons of national security, or

(b) might jeopardise an individual's safety.

(4) As soon as reasonably practicable after publishing a report, the IMA must send it to—

(a) the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland,

(b) any relevant public authority which was invited to make representations in relation to the inquiry,

(d) any other relevant public authority the IMA considers appropriate.

28

(1) Where a report under paragraph 27 includes recommendations to a relevant public authority, the authority must—

(a) have regard to the recommendations, and

(b) publish a response to the recommendations expeditiously and, in any event, within the period of 3 months beginning with the day on which the IMA published its report.

(2) The authority's response must explain—

(a) what, if anything, it proposes to do in response to each recommendation, and

(b) its reasons.

Complaints

29

(1) A person who claims to have a relevant right may complain to the IMA that—

(a) the United Kingdom has failed to comply with Part 2;

(b) a relevant public authority has acted or is proposing to act in a way that prevents the person exercising the right in question.

(2) The IMA must carry out a preliminary review of each complaint in order to decide whether to carry out an inquiry under paragraph 25 in relation to it.

(3) In deciding whether to carry out an inquiry in response to a complaint, the IMA must consider whether it would be more appropriate for the person who made the complaint to deal with its subject matter by other means (for example, court proceedings) than for the IMA to carry out an inquiry.

(4) If the IMA decides not to carry out an inquiry, the IMA—

(a) must inform the person who made the complaint, and

(b) may advise the person about other ways of dealing with the subject matter of the complaint.

Applying for review or intervening in legal proceedings

30

(1) The IMA may, if it considers it appropriate to do so in order to promote the adequate and effective implementation or application of Part 2—

(a) make an application for review, or

(b) intervene in any legal proceedings (including proceedings on an application for review).

(2) For the purposes of sub-paragraph (1), the IMA is to be treated as having title and interest in relation to the subject matter of any application which it may make, or of any legal proceedings in which it may intervene, in Scotland.

(3) Sub-paragraph (1) does not create a cause of action.

(4) In this paragraph, “application for review” means—

(a) in relation to England and Wales or Northern Ireland, an application for judicial review, and

(b) in relation to Scotland, an application to the supervisory jurisdiction of the Court of Session.

Annual reports for specialised committee etc.

31

(1) The IMA must provide annual reports on the implementation and application of Part 2 of the withdrawal agreement to the specialised committee on citizens' rights established by Article 165(1)(a) of that agreement.

(2) The IMA must provide annual reports on the implementation and application of Part 2 of the EEA EFTA separation agreement to the Joint Committee established by Article 65(1) of that agreement.

(3) The annual reports must contain information on—

(a) measures taken by relevant public authorities to implement or comply with Part 2,

(b) the number and nature of complaints made to the IMA under paragraph 29(1), and

(4) The annual reports may contain any other information which the IMA considers appropriate.

(5) The first annual reports must relate to the period of 12 months beginning with IP completion day.

(6) Subsequent annual reports must relate to each successive period of 12 months.

(7) The IMA must provide annual reports to the committees mentioned in sub-paragraphs (1) and (2) as soon as reasonably practicable after the end of the period to which they relate.

(8) The IMA must, at the same time as providing an annual report to the committees mentioned in sub-paragraphs (1) and (2), provide it to—

(a) the Secretary of State,

(b) the Scottish Ministers,

(d) the Executive Office in Northern Ireland.

(9) The Secretary of State must, as soon as reasonably practicable after receiving an annual report, lay it before Parliament.

(10) The Secretary of State must publish the annual report as soon as reasonably practicable after laying it before Parliament.

(11) As soon as reasonably practicable after receiving an annual report, the Scottish Ministers, the Welsh Ministers and the Executive Office in Northern Ireland must lay the report before the appropriate devolved legislature.

Guidance

32

(1) The IMA must publish guidance on how it will exercise its functions under paragraphs 22 to 30.

(2) The guidance must explain how the IMA will give effect to the importance of addressing general or systemic failings in the implementation and application of Part 2.

(3) In preparing the guidance, the IMA must have regard to—

(a) the way in which the European Commission exercises its functions of monitoring and enforcement in relation to citizens' rights under EU law, and

(b) any guidance or other publications issued by the European Commission about how it exercises such functions.

(4) The IMA must first publish guidance within the period of 3 months beginning with the day on which the membership of the IMA is first constituted in accordance with paragraph 2(1).

Gibraltar

33

The IMA is to exercise any function in relation to Gibraltar which—

(a) the Gibraltar legislature confers on it, and

(b) corresponds to a function which the IMA has in relation to the United Kingdom by virtue of this Schedule.

Supplementary power

34

(1) Subject to sub-paragraph (2), the IMA may do anything which it thinks necessary or expedient for the purposes of, or in connection with, the exercise of its functions.

(2) The IMA may not—

(a) borrow money;

(b) accept gifts of money, land or other property.

Cooperation by relevant public authorities

35

A relevant public authority must, so far as reasonably practicable, comply with a request by the IMA to cooperate with it in the exercise of the IMA's functions (including a request to provide information or documents).

PART 3 — Further provisions

Disclosure of HMRC’s information

36

(1) Her Majesty's Revenue and Customs (or anyone acting on their behalf) may disclose information for the purpose of—

(a) facilitating the exercise by the IMA of any of its functions, or

(b) facilitating the exercise by the Secretary of State or another relevant public authority of functions relating to the IMA.

(2) A person who receives information as a result of sub-paragraph (1) may not—

(a) use the information for a purpose other than one mentioned in sub-paragraph (1), or

(b) further disclose the information,

except with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific).

(3) If a person discloses information in contravention of sub-paragraph (2) which relates to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005 (offence of wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of information in contravention of section 20(9) of that Act.

(4) This paragraph does not limit the circumstances in which information may be disclosed under section 18(2) of the Commissioners for Revenue and Customs Act 2005 or under any other enactment or rule of law.

Data protection and disclosure of information

37

Nothing in this Schedule authorises the making of a disclosure which—

(a) contravenes the data protection legislation within the meaning of the Data Protection Act 2018 (see section 3 of that Act), or

(b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

Disclosure of information to IMA: national security

38

(1) A relevant public authority must not disclose information to the IMA if a Minister of the Crown certifies that the disclosure would be undesirable for reasons of national security.

(2) The power conferred by sub-paragraph (1) on a Minister of the Crown is exercisable only by—

(a) a Minister who is a member of the Cabinet, or

(b) the Attorney General or the Advocate General for Scotland.

Transfer of IMA’s functions and abolition

39

(1) The Secretary of State may by regulations—

(a) transfer the functions of the IMA to another body that is a relevant public authority, and

(b) in view of that transfer of functions, make any modifications that the Secretary of State considers appropriate to the constitutional or funding arrangements or the functions of the transferee.

(2) The Secretary of State may make regulations under sub-paragraph (1) only if satisfied that the transfer of functions serves the purpose of improving the exercise of the transferred functions, having regard to efficiency, effectiveness and economy.

(3) In making regulations under sub-paragraph (1), the Secretary of State must have regard to the need to ensure that the transferee—

(a) has operational independence when exercising the transferred functions and that it is able to make impartial assessments when exercising those functions, and

(b) has appropriate funding to exercise the transferred functions.

(4) Regulations under sub-paragraph (1)—

(a) may not provide for the transfer of the IMA's functions under paragraph 33 (which, accordingly, will lapse on the abolition of the IMA), but

(b) must make provision corresponding to that paragraph in relation to the transferee.

(5) Regulations under sub-paragraph (1) may include provision—

(a) transferring the IMA's property, rights and liabilities (including rights and liabilities in respect of contracts of employment);

(b) abolishing the IMA.

(6) Before making regulations under this paragraph, the Secretary of State must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers,

(d) if the IMA has functions in relation to Gibraltar by virtue of paragraph 33, the Gibraltar Ministers.

(7) The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment (including this Act).

(8) In this paragraph “constitutional arrangements” has the meaning given by section 3(2) of the Public Bodies Act 2011.

40

(1) The Secretary of State may by regulations—

(a) remove functions of the IMA, if it appears to the Secretary of State that, in accordance with Article 159(3) of the withdrawal agreement or Article 64(4) of the EEA EFTA separation agreement, it is no longer necessary for the IMA to continue to exercise those functions, or

(b) abolish the IMA, if it appears to the Secretary of State that, in accordance with Article 159(3) of the withdrawal agreement and Article 64(4) of the EEA EFTA separation agreement, it is no longer necessary for the IMA to continue to exist.

(2) Regulations under sub-paragraph (1) may include provision transferring the IMA's property, rights and liabilities (including rights and liabilities in respect of contracts of employment).

(3) The power to make regulations under sub-paragraph (1) may (among other things) be exercised by modifying any provision made by or under an enactment (including this Act).

Interpretation

41

(1) In this Schedule—

“civil servant” means a person employed in the civil service of the State;

“devolved legislature” means—the Scottish Parliament,the National Assembly for Wales, orthe Northern Ireland Assembly;

“domestic law” means the law of England and Wales, Scotland or Northern Ireland;

“Part 2” has the meaning given by paragraph 22(3);

“relevant public authority” has the meaning given by paragraph 22(3);

“relevant right” means—a right created or arising by or under Part 2, ora right which—corresponds to such a right, andis created or arises by or under a provision of domestic law so far as that provision has effect in connection with Part 2.

(2) In this Schedule, references to a relevant public authority acting include references to the relevant public authority failing to act.

SCHEDULE 3

1

The Northern Ireland Act 1998 is amended as follows.

2

In section 6(2) (legislative competence), after paragraph (c), insert—

(ca) it is incompatible with Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement (rights of individuals);

3

In section 24(1) (restrictions on powers of Northern Ireland Ministers and departments), after paragraph (a), insert—

(aa) is incompatible with Article 2(1) of the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement (rights of individuals);

4

In section 69 (functions of the Northern Ireland Human Rights Commission), after subsection (10), insert—

(10A) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.

5

In section 71 of the Northern Ireland Act 1998 (restrictions on proceedings)—

(a) in subsection (2B), for “human rights proceedings” substitute “ proceedings which rely on section 7(1)(b) of the Human Rights Act 1998 ”, and

(b) in subsection (2C), omit paragraph (a) (including the “and” at the end).

6

In section 74 (principal functions of the Equality Commission for Northern Ireland), after subsection (6), insert—

(7) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.

7

After section 78 insert—

(78A) (1) The Northern Ireland Human Rights Commission must monitor the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals). (2) The Commission must report to the Secretary of State and the Executive Office in Northern Ireland on the implementation of Article 2(1)— (a) as soon as reasonably practicable after receipt of a general or specific request for such a report, and (b) on such other occasions as the Commission thinks appropriate. (3) A report under subsection (2) may require the Secretary of State or the Executive Office in Northern Ireland to reply in writing to any recommendations contained in the report, explaining what steps have been taken or are planned in response to the recommendations. (4) On receiving a report under subsection (2)— (a) the Secretary of State must lay a copy of it before Parliament, and (b) the Executive Office in Northern Ireland must lay a copy of it before the Assembly. (5) The Commission must advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to implement Article 2(1)— (a) as soon as reasonably practicable after receipt of a general or specific request for advice, and (b) on such other occasions as the Commission thinks appropriate. (6) The Commission must advise the Assembly (or a committee of the Assembly) whether a Bill is compatible with Article 2(1)— (a) as soon as reasonably practicable after receipt of a request for advice, and (b) on such other occasions as the Commission thinks appropriate. (7) The Commission must promote understanding and awareness of the importance of Article 2(1); and for this purpose it may undertake, commission or provide financial or other assistance for— (a) research, and (b) educational activities. (8) The Commission may decide to publish its advice and the outcome of its research. (9) The Commission may, for the purposes of Article 14(c) of the Protocol, bring any appropriate matters to the attention of the Specialised Committee referred to in that Article. (78B) (1) The Equality Commission for Northern Ireland must monitor the implementation of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. (2) The Commission must report to the Secretary of State and the Executive Office in Northern Ireland on the implementation of Article 2(1)— (a) as soon as reasonably practicable after receipt of a general or specific request for such a report, and (b) on such other occasions as the Commission thinks appropriate. (3) A report under subsection (2) may require the Secretary of State or the Executive Office in Northern Ireland to reply in writing to any recommendations contained in the report, explaining what steps have been taken or are planned in response to the recommendations. (4) On receiving a report under subsection (2)— (a) the Secretary of State must lay a copy of it before Parliament, and (b) the Executive Office in Northern Ireland must lay a copy of it before the Assembly. (5) The Commission must advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to implement Article 2(1)— (a) as soon as reasonably practicable after receipt of a general or specific request for advice, and (b) on such other occasions as the Commission thinks appropriate. (6) The Commission must advise the Assembly (or a Committee of the Assembly) whether a Bill is compatible with Article 2(1)— (a) as soon as reasonably practicable after receipt of a request for advice, and (b) on such other occasions as the Commission thinks appropriate. (7) The Commission must promote understanding and awareness of the importance of Article 2(1); and for this purpose it may undertake, commission or provide financial or other assistance for— (a) research, and (b) educational activities. (8) The Commission may decide to publish its advice and the outcome of its research. (9) The Commission may, for the purposes of Article 14(c) of the Protocol, bring any appropriate matters to the attention of the Specialised Committee referred to in that Article. (78C) (1) The Northern Ireland Human Rights Commission or Equality Commission for Northern Ireland may— (a) bring judicial review proceedings in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement; (b) intervene in legal proceedings, whether for judicial review or otherwise, in so far as they relate to an alleged breach (or potential future breach) of Article 2(1). (2) Subsection (1)(a) does not create a cause of action. (78D) (1) This section applies to proceedings or proposed proceedings by a person in respect of an alleged breach (or potential future breach) of Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. (2) Where the person applies to the Northern Ireland Human Rights Commission, or the Equality Commission for Northern Ireland, for assistance in relation to the proceedings, the Commission may grant the application, so far as it relates to the alleged breach (or potential future breach) of Article 2(1), on any of the following grounds— (a) that the case raises a question of principle; (b) that it would be unreasonable to expect the person to deal with the case without assistance because of its complexity, or because of the person's position in relation to another person involved, or for some other reason; (c) that there are other special circumstances which make it appropriate for the Commission to provide assistance. (3) Where an application under subsection (2) is granted, the Commission in question may— (a) provide, or arrange for the provision of, legal advice; (b) arrange for the provision of legal representation; (c) provide any other assistance which it thinks appropriate. (4) Arrangements made under this section for the provision of assistance to a person may include provision for recovery of expenses from the person in certain circumstances. (78E) The Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland may arrange for any of their functions under sections 78A to 78D to be carried out by one of them acting on behalf of the other (or by them acting jointly).

8

In Schedule 3 (reserved matters), in paragraph 42, after paragraph (b), insert—

(ba) in Part VII, sections 78A to 78E;

SCHEDULE 4

PART 1 — Procedure

Rights in relation to entry and residence

1

(1) A statutory instrument containing—

(a) the first regulations under section 7(1)(b), (c), (d), (e), (f) or (g), 8(1) or 9, or

(b) regulations under section 7, 8 or 9 which amend, repeal or revoke primary legislation ...,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) Any other statutory instrument containing regulations under section 7, 8 or 9 is subject to annulment in pursuance of a resolution of either House of Parliament.

2

(1) A statutory instrument containing the first regulations under section 11—

(a) must be laid before Parliament after being made, and

(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(2) Any other statutory instrument containing regulations under section 11 which amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument containing regulations under section 11, other than a statutory instrument to which sub-paragraph (1) or (2) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In calculating the period of 40 days for the purposes of sub-paragraph (1) no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

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

(5) If regulations cease to have effect as a result of sub-paragraph (1) that—

(a) does not affect the validity of anything previously done under the regulations, and

(b) does not prevent the making of new regulations.

Powers under sections 12, 13 and 14: sole exercise

3

(1) A statutory instrument containing regulations under section 12, 13 or 14 of a Minister of the Crown acting alone which amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) Any other statutory instrument containing regulations under section 12, 13 or 14 of a Minister of the Crown acting alone is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Regulations under section 12, 13 or 14 of the Scottish Ministers acting alone which amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4) Any other regulations under section 12, 13 or 14 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(5) A statutory instrument containing regulations under section 12, 13 or 14 of the Welsh Ministers acting alone which amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6) Any other statutory instrument containing regulations under section 12, 13 or 14 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7) Regulations under section 12, 13 or 14 of a Northern Ireland department acting alone which amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8) Any other regulations under section 12, 13 or 14 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Powers under sections 12, 13 and 14: joint exercise

4

(1) This paragraph applies to regulations under section 12, 13 or 14 of a Minister of the Crown acting jointly with a devolved authority.

(2) The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3) A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure.

(6) Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

(7) Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(8) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(9) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(10) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11) Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—

(a) primary legislation, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(13) Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(14) If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

(b) a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

(15) In sub-paragraph (14) “relevant devolved legislature” means—

(a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

(16) Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

(17) Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Power to amend definition of “IP completion day”

5

A statutory instrument containing regulations under section 39(4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Consequential provision

6

A statutory instrument containing regulations under section 41(1) is subject to annulment in pursuance of a resolution of either House of Parliament.

The IMA

7

A statutory instrument containing regulations under paragraph 39 or 40 of Schedule 2 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Power under paragraph 1(3) of Schedule 5: sole exercise

8

(1) A statutory instrument containing regulations made by a Minister of the Crown acting alone under paragraph 1(3) of Schedule 5 on or after exit day is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Regulations made by the Scottish Ministers acting alone under paragraph 1(3) of Schedule 5 on or after exit day are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(3) A statutory instrument containing regulations made by the Welsh Ministers acting alone under paragraph 1(3) of Schedule 5 on or after exit day is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) Regulations made by a Northern Ireland department acting alone under paragraph 1(3) of Schedule 5 on or after exit day are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Power under paragraph 1(3) of Schedule 5: joint exercise

9

(1) This paragraph applies to regulations under paragraph 1(3) of Schedule 5 of a Minister of the Crown acting jointly with a devolved authority.

(2) The procedure provided for by sub-paragraph (3) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3) A statutory instrument containing regulations to which this paragraph applies which are made on or after exit day is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Regulations to which this paragraph applies which are made jointly with the Scottish Ministers on or after exit day are subject to the negative procedure.

(5) Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (4) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(6) Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (4) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(7) A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers on or after exit day is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(8) Regulations to which this paragraph applies which are made jointly with a Northern Ireland department on or after exit day are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(9) If in accordance with this paragraph—

(a) either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

(b) a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

(10) In sub-paragraph (9) “relevant devolved legislature” means—

(a) in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

(b) in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

(11) Sub-paragraph (9) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

(12) Sub-paragraphs (9) to (11) apply in place of provision made by any other enactment about the effect of such a resolution.

Power under paragraph 3(2) of Schedule 5

10

(1) Regulations made by the Scottish Ministers under paragraph 3(2) of Schedule 5 on or after exit day are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(2) A statutory instrument containing regulations made by the Welsh Ministers under paragraph 3(2) of Schedule 5 on or after exit day is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3) Regulations made by a Northern Ireland department under paragraph 3(2) of Schedule 5 on or after exit day are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

PART 2 — General provision about powers under Act

Scope and nature of powers: general

11

(1) Any power to make regulations under this Act—

(a) so far as exercisable by a Minister of the Crown or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,

(b) so far as exercisable by the Welsh Ministers or by the Welsh Ministers acting jointly with a Minister of the Crown, is exercisable by statutory instrument, and

(c) so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).

(2) For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

12

Any power to make regulations under this Act—

(a) may be exercised so as to make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and

(b) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

13

The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make regulations under this Act.

Anticipatory exercise of powers in relation to withdrawal agreement etc.

14

Any power to make regulations under this Act in relation to the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens' rights agreement, or any modification of any of them which requires ratification, is capable of being exercised before the agreement or (as the case may be) modification concerned is ratified.

Scope of appointed day power

15

The power of a Minister of the Crown under section 42(7) to appoint a day includes a power to appoint a time on that day if the Minister considers it appropriate to do so.

Hybrid instruments

16

If an instrument, or a draft of an instrument, containing regulations under this Act would, apart from this paragraph, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Combinations of instruments

17

(1) Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made.

(2) The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made.

(3) Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2).

(4) Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the National Assembly for Wales as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to the National Assembly for Wales.

(5) Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly.

(6) Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, the National Assembly for Wales or (as the case may be) the Northern Ireland Assembly.

(7) This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).

SCHEDULE 5

PART 1 — General consequential provision

Subordinate legislation with commencement by reference to exit day

1

(1) Any provision in subordinate legislation made before exit day under—

(a) any provision of the European Union (Withdrawal) Act 2018 (or any provision made under any such provision), or

(b) any other enactment,

which provides, by reference to exit day (however expressed), for all or part of that or any other subordinate legislation to come into force immediately before exit day, on exit day or at any time after exit day is to be read instead as providing for the subordinate legislation or (as the case may be) the part to come into force immediately before IP completion day, on IP completion day or (as the case may be) at the time concerned after IP completion day.

(2) Sub-paragraph (1) does not apply so far as it is expressly disapplied by the subordinate legislation that provides as mentioned in that sub-paragraph.

(3) An appropriate authority may by regulations—

(a) provide for sub-paragraph (1) not to apply to any extent in particular cases or descriptions of case, or

(b) make different provision in particular cases or descriptions of case to that made by sub-paragraph (1).

(4) But see paragraph 2 for further provision about the power of a devolved authority acting alone to make regulations under sub-paragraph (3).

(5) No regulations may be made under sub-paragraph (3) after the end of the period of one year beginning with IP completion day.

(6) In this paragraph “appropriate authority” means—

(a) a Minister of the Crown,

(b) a devolved authority, or

2

(1) No provision may be made by a devolved authority acting alone in regulations under paragraph 1(3) so far as those regulations relate to the coming into force of regulations under section 23(1) or (6) of, or paragraph 1(2)(b) of Schedule 1 to, the European Union (Withdrawal) Act 2018.

(2) Subject to this, no provision may be made by a devolved authority acting alone in regulations under paragraph 1(3) relating to the coming into force of all or part of any subordinate legislation unless—

(a) the devolved authority acting alone otherwise than under paragraph 1(3) made the provision for the coming into force of the subordinate legislation or part and either—

(i) the regulations provide for paragraph 1(1) not to apply to the subordinate legislation or part, or

(ii) the devolved authority acting alone otherwise than under paragraph 1(3) could provide for the subordinate legislation or part to come into force at the same time as is provided for by virtue of the regulations, or

(b) the devolved authority acting alone could make provision corresponding to that made by the subordinate legislation or part and could provide for that provision to come into force at the same time as is provided for by virtue of the regulations.

(3) Where the test in sub-paragraph (2)(a) or (b) is (to any extent) only met by a devolved authority acting alone with the consent of a Minister of the Crown, the consent of a Minister of the Crown is required before the regulations under paragraph 1(3) may be made by the devolved authority acting alone.

(4) Except where sub-paragraph (3) applies, no provision may be made under paragraph 1(3) by a devolved authority acting alone unless the devolved authority has consulted a Minister of the Crown.

Devolved preparatory legislation of a kind mentioned in paragraph 41(3) to (5) of Schedule 8 to EUWA 2018

3

(1) Any provision of primary legislation which—

(a) is made before exit day by virtue of any of sub-paragraphs (3) to (5) of paragraph 41 of Schedule 8 to the European Union (Withdrawal) Act 2018, and

(b) provides, by reference to exit day (however expressed), for itself or any other provision so made to come into force on exit day or at any time after exit day,

is to be read instead as providing for the provision to come into force on IP completion day or (as the case may be) at that time after IP completion day.

(2) But a relevant devolved authority may, by regulations and subject to sub-paragraphs (4) to (7)—

(a) provide for sub-paragraph (1) not to apply to any extent in particular cases or descriptions of case,

(b) make different provision in particular cases or descriptions of case to that made by sub-paragraph (1), or

(c) make such provision as the relevant devolved authority considers appropriate in consequence of sub-paragraph (1) (including provision restating the effect of that sub-paragraph).

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European Union (Withdrawal Agreement) Act 2020

Supplementary and final

Regulations

40

Consequential and transitional provision etc.

41

Extent, commencement and short title

42

SCHEDULE 1

No power to make provision outside devolved competence

1

2

3

4

Requirement for consent where it would otherwise be required

5

Requirement for joint exercise where it would otherwise be required

6

Requirement for consultation where it would otherwise be required

7

Interpretation

8

SCHEDULE 2

PART 1 — Constitution, proceedings etc.

Status

1

Membership

2

Interim chief executive

3

Requirements relating to appointment

4

Procedure for appointing members with knowledge of conditions in devolved areas etc.

5

Non-executive members: terms of appointment and tenure etc.

6

Remuneration of non-executive members

7

Staffing of the IMA

8

Procedure

9

Discharge of functions

10

Seal and evidence

11

Funding

12

Operational independence

13

Accounts and audit

14

Annual plan

15

Public records

16

Investigation by the Parliamentary Commissioner

17

House of Commons disqualification

18

Northern Ireland Assembly disqualification

19

Freedom of information

20

Public sector equality duty

21

PART 2 — Functions of the IMA etc.

General duties

22

23

24

Inquiries

25

26

Reports following an inquiry

27

28

Complaints

29

Applying for review or intervening in legal proceedings