European Union (Withdrawal) Act 2018

Affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the ECA (including subordinate legislation implementing EU directives) U.K.

13 (1) A statutory instrument which— U.K.

(a) is to be made on or after [F1 IP completion day] by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,

(b) is not to be made jointly with any person who is not a Minister of the Crown,

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

(d) would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,

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) Sub-paragraph (1) has effect instead of any other provision which would otherwise apply in relation to the procedure for such an instrument before each House of Parliament but does not affect any other requirements which apply in relation to making, confirming or approving the instrument.

(3) Any provision which—

(a) may be made under the power mentioned in sub-paragraph (1)(a),

(b) is not provision which falls within sub-paragraph (1)(c), and

(c) is subject to a lower procedure than the procedure provided for by sub-paragraph (1),

may be included in an instrument to which sub-paragraph (1) applies (and is accordingly subject to the procedure provided for by that sub-paragraph instead of the lower procedure).

(4) If a draft of a statutory instrument which—

(a) is to be made on or after [F2 IP completion day] by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,

(b) is not to be made jointly with any person who is not a Minister of the Crown,

(c) amends or revokes any provision, made otherwise than under section 2(2) of the European Communities Act 1972 (whether or not by way of amendment), of subordinate legislation made under that section, and

(d) would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,

is laid before, and approved by a resolution of, each House of Parliament, then the instrument is not subject to the lower procedure.

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

(6) For the purposes of this paragraph, the order of procedures is as follows (the highest first)—

(a) a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,

(b) a procedure which requires the approval of the instrument in draft before it is made,

(c) a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,

(d) a procedure which provides for the annulment of the instrument after it is made,

(e) a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,

(f) no procedure.

(7) For the purposes of this paragraph a power is conferred whether or not it is in force.

(8) References in this paragraph, other than in sub-paragraph (4), to subordinate legislation made under section 2(2) of the European Communities Act 1972—

(a) do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and

(b) do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).

[F3 (8A) This paragraph does not apply where the amendment or revocation of subordinate legislation is for the purposes of—

(a) the withdrawal agreement (other than Part 4 of that agreement),

(b) the EEA EFTA separation agreement, F4 ...

(c) the Swiss citizens' rights agreement [F5 , or

(d) a future relationship agreement]]

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

Textual Amendments

F1 Words in Sch. 8 para. 13(1)(a) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(8)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F2 Words in Sch. 8 para. 13(4)(a) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(8)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F3 Sch. 8 para. 13(8A) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(8)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F4 Word in Sch. 8 para. 13(8A)(b) omitted (31.12.2020) by virtue of European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 6 para. 8(a); S.I. 2020/1662, reg. 2(ff)

F5 Sch. 8 para. 13(8A)(d) and word inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 6 para. 8(b); S.I. 2020/1662, reg. 2(ff)

Commencement Information

I1 Sch. 8 para. 13 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n)