Retained EU Law (Revocation And Reform) Act 2023

Schedules

Schedule 1: Sunset of Subordinate Legislation and Retained Direct EU Legislation

252. This Schedule contains the list of subordinate legislation and retained direct EU legislation to be revoked at the end of 31 December 2023 by virtue of, and subject to the parameters of, section 1.
253. As per section 1 of this Act, the legislation listed in this Schedule will be revoked only to the extent stated in this Schedule. Part 1 sets out subordinate legislation that will be revoked and part 2 sets out retained direct EU legislation that will be revoked.
254. An explanation of what each piece of subordinate legislation and retained direct EU legislation listed does, and why it is being revoked, can be found on gov.uk here: https://www.gov.uk/government/publications/schedule-of-retained-eu-law

Schedule 2: "Assimilated Law": Consequential Amendments

Interpretation Act (Northern Ireland) 1954

255. Paragraph 1 makes consequential amendments to the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms). Paragraph 1 also updates the names of defined terms in section 44A to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term "retained EU law" is updated so that it is replaced with "assimilated law".

Interpretation Act 1978

256. Paragraph 2 makes consequential amendments to the Interpretation Act 1978 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms). Paragraph 2 also updates the names of defined terms in Schedule 1 to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term "retained direct EU instrument" is updated so that it is replaced with "assimilated direct instrument".

Scotland Act 1998

257. Paragraph 3 makes consequential amendments to the Scotland Act 1998 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms).

Northern Ireland Act 1998

258. Paragraph 4 makes consequential amendments to the Northern Ireland Act 1998 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms).

Government of Wales Act 2006

259. Paragraph 5 makes consequential amendments to the Government of Wales Act 2006 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms).

Legislative and Regulatory Reform Act 2006

260. Paragraph 6 makes consequential amendments to the Legislative and Regulatory Reform Act 2006 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms).

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

261. Paragraph 7 makes consequential amendments to the Interpretation and Legislative Reform (Scotland) Act 2010 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms). Paragraph 7 also updates the names of defined terms in Schedule 1 to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term "retained direct principal EU legislation" is updated so that it is replaced with "assimilated direct principal legislation".

European Union (Withdrawal) Act 2018

262. Paragraph 8 makes consequential amendments to the European Union (Withdrawal) Act 2018 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms) to reflect the changes made by section 5 to this Act.
263. Paragraph 8, subparagraph (3)(e) also updates the names of defined terms in section 6 (interpretation of retained EU law) to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term "retained case law" is replaced with "assimilated case law".
264. Paragraph 8, subparagraph (9) also updates the names of defined terms in section 20
265. (‘Interpretation’) to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term "retained direct EU legislation" is updated so that it is replaced with "assimilated direct legislation".

Legislation (Wales) Act 2019 (anaw 4)

266. Paragraph 9 makes consequential amendments to the Legislation (Wales) Act 2019 (anaw 4) to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms). Paragraph 9 also updates the names of defined terms in Schedule 1 of the 2019 Act to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term "retained EU obligation" is updated so that it is replaced with "assimilated obligation".

Direct Payments to Farmers (Legislative Continuity) Act 2020

267. Paragraph 10 makes consequential amendments to the Direct Payments to Farmers (Legislative Continuity) Act 2020 to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms). Paragraph 10 also updates the names of defined terms in Section 8 to reflect the updated terms set out in the right hand column of the table at section 5(1) of this Act. For example, the name of the defined term for "retained direct EU CAP legislation" for "assimilated direct cap legislation".

This Act

268. Paragraph 11 makes consequential amendments to this Act to replace references to "retained EU law" (and related terms) with "assimilated law" (and related terms) at the end of 2023. This is to reflect the changes made by section 5, which establishes "assimilated law" as a new body of law and provides that after 2023, references to "retained EU law" and related terms are to be known as "assimilated law"and related terms. This ensures that provisions such as those amended by paragraph 11 of Schedule 2 continue to operate on assimilated law after the end of 2023.

Schedule 3: Amendment of Certain Retained EU Law

Part 1 - Change of parliamentary procedure

269. Part 1 of Schedule 3 provides for amendments that alter parliamentary scrutiny procedure for certain powers. These are powers to make secondary legislation that were conferred by EUWA, or in other statutes after EUWA was passed, and which may be used to amend retained direct EU legislation (RDEUL) and Section 4 EUWA rights. The amendments in Part 1 of Schedule 3 reflect the removal of restrictions on such powers that are made by section 9 of this Act. In particular, they remove restrictions requiring the use of the affirmative parliamentary scrutiny procedure where powers are exercised to amend retained direct principal EU legislation or section 4 EUWA rights. The powers amended by Part 1 Schedule 3 are contained in the following legislation:
     1. Environmental Protection Act 1990,
     2. Waste and Contaminated Land (Northern Ireland) Order 1997,
     3. European Union (Withdrawal) Act 2018,
     4. European Union (Withdrawal Agreement) Act 2020,
     5. European Union (Future Relationship) Act 2020,
     6. Financial Services Act 2021,
     7. Environment Act 2021,
     8. Public Service Pensions and Judicial Offices Act 2022,
     9. Professional Qualifications Act 2022,
     10. Subsidy Control Act 2022,
     11. Building Safety Act 2022, and
     12. Nationality and Borders Act 2022.

Part 2 - Consequential amendments

270. Part 2 of Schedule 3 makes consequential amendments to section 7 of EUWA and to the Direct Payments to Farmers (Legislative Continuity) Act 2020. The amendments modify references to the provisions of Schedule 8 to EUWA that are amended by section 9 of this Act..

Schedule 4 - Regulations: Restrictions on Powers of Devolved Authorities

Introductory

271. Paragraph 1 sets out that this Schedule applies to regulations under this Act where the power to make the regulations is conferred on a relevant national authority (i.e. which includes devolved authorities) - power to preserve (section 1), compatibility power (section 8), powers to restate (section 11 and 12), powers to revoke or replace (section 14), the power to update (section 15), consequential power (section 19), and the power to make transitional, transitory or savings provision (section 22).

No power to make provision outside devolved competence

272. Paragraph 2(1) provides that where a devolved authority is acting alone under a power conferred in the Act, it may only do so if making such provision that is within its devolved competence. Paragraphs 2(2) to 2(4) set out when provisions would be within the devolved competence of Scotland, Wales and Northern Ireland respectively.

Requirement for consent where it would otherwise be required

273. Paragraph 3(1) provides that consent from a Minister of the Crown will be required before any provision is made by Welsh Ministers acting alone where the provision would require the consent of a Minister of the Crown.
274. Paragraph 3(2) sets out that consent from the Secretary of State will be required before any provision is made in regulations by a Northern Ireland department acting alone where that provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
275. Paragraph 3(3) sets out that sub-paragraph (1) or (2) does not apply if the provision could be contained in subordinate legislation made without using the powers in this Act by the Welsh Ministers or a Northern Ireland devolved authority acting alone, and no consent would be required in that case.
276. Paragraph 3(4) sets out that consent must be sought from a Minister of the Crown before any provision is made by a devolved authority acting alone where that provision would require consent from a Minister of the Crown if it were contained in –
     1. subordinate legislation made other than using the powers under in this Act by the devolved authority, or
     2. subordinate legislation not falling within paragraph (a) and made other than using the powers in this Act by the First Minister or Lord Advocate of Scotland or a Northern Ireland devolved authority of Northern Ireland acting alone.
277. Paragraph 3(5) sets out that sub-paragraph (4) does not apply if the provision could be contained within an Act of the Scottish Parliament, Senedd Cymru or of the Northern Ireland Assembly; or different subordinate legislation referenced in sub-paragraph 4(a) or 4(b) and of a devolved authority acting alone or another person acting alone, and where no consent would be required in that instance.

Requirement for joint exercise where it would otherwise be required

278. Paragraph 4 provides for each of the devolved authorities that that no regulations may be made by the devolved authority acting alone where they contain provision which relates to a matter where a power to make subordinate legislation other than using the powers in this Act is exercisable by a devolved authority acting jointly with a Minister of the Crown, unless provision is made jointly to that extent. Paragraph 4(4) sets out that sub-paragraphs (1), (2) or (3) do not apply if the provision could be contained in –
     1. an Act of the Scottish Parliament, Senedd Cymru or of the Northern Ireland Assembly where consent from a Minister of the Crown is not required, or
     2. different subordinate legislation made other than by using the powers in this Act by any of the devolved authorities where they are acting alone.

Requirement for consultation where it would otherwise be required

279. Paragraph 5(1) to 5(3) sets out for each of the devolved authorities that no regulations to which this Schedule applies may be made by a devolved authority acting alone so far as they contain provisions which would require consultation with a Minister of the Crown. This does not apply where the regulations are, to that extent, made after consulting with the Minister of the Crown.
280. Paragraph 5(5) states that sub-paragraphs (2) to (4) do not apply if the provision could be contained in an Act of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly, and consent or consultation with a Minister of the Crown would not be required in that instance.
281. Paragraph 5(6) states that sub-paragraphs (2) to (4) do not apply if –
     1. the provision could be contained in different subordinate legislation other than by using powers under this Act by the devolved authorities acting alone, and
     2. consent or consultation with a Minister of the Crown would not be required in that instance.

Schedule 5: Regulations - Procedure

Part 1: General

Making of regulations by statutory instrument etc

282. Paragraph 1(1) sets out that a power to make regulations under this Act-
     1. where it is exercised by a Minister of the Crown acting alone, the Welsh Ministers acting alone, or by a Minister of the Crown and a devolved authority acting jointly, is exercisable by statutory instrument;
     2. where it is exercisable by a Northern Ireland department (other than where acting jointly with a Minister of the Crown) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
283. Paragraph 1(2) sets out that section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 should be referred to for regulations made under this Act by the Scottish Ministers.

Combining provisions

284. Paragraph 2 allows for regulations under this Act subject to the draft affirmative procedure to be combined with regulations made under other powers in this Act or other enactments that are not subject to that procedure. Where regulations have been combined in this way the statutory instrument will be subject to the draft affirmative procedure.
285. Paragraph 2(1) clarifies that sub-paragraph (2) applies to any statutory instrument containing regulations under this Act which is subject to the draft affirmative procedure.
286. Paragraph 2(2) sets out that the statutory instrument may also include regulations under this Act or other enactments which are made by a statutory instrument that is not subject to the draft affirmative procedure, irrespective of whether it is subject to any other procedure before Parliament.
287. Paragraph 2(3) establishes that where regulations that are referenced in sub-paragraph (2) are included, the statutory instrument is subject to the draft affirmative procedure.
288. Paragraph 2(4) sets out that sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which are subject to a procedure before the Senedd Cymru in the same way they apply to a statutory instrument containing regulations under this Act which are subject to a procedure before Parliament.
289. Paragraph 2(5) sets out that sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument, but as though references to Parliament were references to the Northern Ireland Assembly.
290. Paragraph 2(6) sets out that sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which are subject to a procedure before a devolved legislature and Parliament in the same way that they apply to a statutory instrument containing regulations under this Act which are subject to a procedure before Parliament, but as though references to Parliament were references to Parliament and the devolved legislature.
291. Paragraph 2(7) clarifies that the term "devolved legislature" in sub-paragraph (6) means the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly.
292. Paragraph 2(8) establishes that nothing in paragraph 2 prevents the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act.

Hybrid Instruments

293. Paragraph 3 provides that if an instrument, or draft instrument, that contains regulations under this Act would otherwise be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it should proceed in that House as if it were not a hybrid instrument.

Part 2: Powers of Relevant National Authority: Separate Exercise

Introductory

294. Paragraph 4 sets out that this Part of Schedule 5 applies to regulations under this Act (save those made under section 22(4), relating to powers to make savings, transitional and transitory provisions) where –
     1. the power to make the regulations is conferred on a relevant national authority (i.e. a Minister of the Crown and devolved authorities), and
     2. the regulations are made by one relevant national authority acting alone.

Separate exercise by a Minister of the Crown

295. Paragraph 5(1) sets out that a Minister of the Crown may not make a statutory instrument containing regulations to which this Part of this Schedule applies and that fall within sub-paragraph (2) unless a draft of the instrument has been laid and approved by both Houses of Parliament (i.e. is subject to the draft affirmative procedure).
296. Paragraph 7(2) sets out that the regulations falling within this sub-paragraph - and therefore subject to the draft affirmative procedure - are:
     1. regulations under section 1 (power to disapply the sunset)
     2. regulations under section 7 (compatibility power) which amend, repeal or revoke primary legislation;
     3. regulations under section 11 (power to restate retained EU law) and section 12 (power to restate assimilated law or reproduce sunsetted EU rights, powers, liabilities etc) which amend, repeal or revoke primary legislation;
     4. regulations under section 14(2) (power to revoke and replace REUL with provision achieving same or similar objectives) which confer a power to make subordinate legislation or create a criminal offence;
     5. regulations under section 14(3) (power to revoke and replace REUL with any alternative provision); and
     6. regulations under section 19 (power to make consequential provision) which amend or repeal primary legislation.
297. Paragraphs 5(3) and (4) provide that the following regulations made by a Minister of the Crown acting alone may be made subject to annulment by either House of Parliament (the negative procedure)-
     1. regulations under section 7 (compatibility power) that does not amend, repeal or revoke primary legislation;
     2. regulations under section 15 (power to update);
     3. regulations under section 19 (power to make consequential amendment) that does not amend, repeal or revoke primary legislation.
298. Paragraph 5(5) sets out that a statutory instrument made by a Minister of the Crown containing regulations to which this Part of Schedule 5 applies and to which neither sub-paragraphs (1) nor sub-paragraphs (3) applies is subject to either the draft affirmative or the negative procedure. In effect, a Minister has a choice about which procedure may apply. If, however, a Minister proposes to use the negative procedure, the requirements of paragraph 6 may apply.
299. Paragraph 6 sets out the requirements for the sifting mechanism which applies to some proposed statutory instruments that contain regulations to be made under section 11 (power to restate retained EU law), section 12 (power to restate assimilated law or sunsetted EU rights, powers, liabilities etc) or section 14 (powers to revoke or replace).
300. Paragraph 6(1) sets out that the conditions of the sifting mechanism under sub-paragraph (2) applies where-
     1. a Minister of the Crown who is acting alone makes a statutory instrument containing regulations under section 11, 12 or 14,
     2. paragraph 5(5) applies to the regulations (i.e. there is a choice between the negative and draft affirmative procedures), and
     3. the Minister is of the opinion that the appropriate procedure for the instrument is for it to be subject to the negative procedure.
301. Paragraph 6(2) sets out that a Minister may not make the instrument so that it is subject to the negative procedure unless-
     1. condition 1 is met, and
     2. either condition 2 or 3 is met.
302. Paragraph 6(3) outlines condition 1. Condition 1 is where a Minister of the Crown:
     1. has produced a written statement that states that in the Minister’s opinion the instrument should be subject to the negative procedure, and
     2. has laid before each House of Parliament:
        1. a draft of the instrument, and
        2. a memorandum setting out the statement and the reasons for the Minister's opinion.
303. Paragraph 6(4) outlines condition 2. Condition 2 is that committees of both the House of Commons and House of Lords, who have been given the authority to do so, each make a recommendation on the appropriate procedure for the instrument within the relevant period (i.e. effectively within 10 sitting days from when the draft instrument is laid; see subparagraph (10) and (11)).
304. Paragraph 6(5) outlines condition 3. Condition 3 is that the relevant period has ended without condition 2 being met.
305. Paragraph 6(6) sets out that sub-paragraph (7) applies where:
     1. a committee (of the House of Lords or the House of Commons) makes a recommendation (as set out in sub-paragraph (4)) within the appropriate time frame,
     2. the recommendation states that the appropriate procedure for the instrument is for it to be subject to the draft affirmative procedure, and
     3. the Minister that is making the instrument is nevertheless of the view that the appropriate procedure for the instrument is for it to be subject to the negative procedure.
306. Paragraph 6(7) sets out that prior to the instrument being made, the Minister must make a statement explaining why the Minister does not agree with the committee’s recommendation.
307. Paragraph 6(8) states that if the Minister fails to make the required statement before the instrument is made, then a Minister of the Crown must make a statement explaining why the Minister has failed to do so.
308. Paragraph 6(9) sets out that statements under sub-paragraph (7) or (8) must be in writing and published in a way that the Minister making the statement decides is appropriate.
309. Paragraph 6(10) sets out that in this context the use of "the relevant period" should be understood as the period –
     1. starting with the first day on which both Houses of Parliament are sitting following the day the draft instrument was laid before each house, and
     2. ending with whichever comes last of the following:
        1. the end of the period of 10 Commons sitting days beginning with that first day, and
        2. the end of the period of 10 Lords sitting days beginning with that first day.
310. Paragraph 6(11) explains that in relation to sub-paragraph (10):
     1. where a draft of an instrument is laid before each House of Parliament on different days, the later day should be understood as the day it is laid before both Houses,
     2. a "Commons sitting day" means a day on which the House of Commons is sitting, and
     3. a "Lords sitting day" means a day on which the House of Lords is sitting.
311. Paragraph 6(11) also sets out that for the purposes of sub-paragraph (10) a "day" can only be considered a day where the House of Commons or the House of Lords is sitting if the House concerned starts to sit on that day.
312. Paragraph 6(12) sets out that nothing in this paragraph would prevent a Minister of the Crown from deciding, at any time before a statutory instrument containing regulations under section 11, 12 or 14 is made, that another procedure should apply to the instrument.
313. Paragraph 8(13) sets out that section 6(1) 1 of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply to any statutory instrument to which this paragraph applies.

Separate exercise by Scottish Ministers

314. Paragraph 7(1) sets out that the regulations of the Scottish Ministers to which this Part of Schedule 5 applies and that fall within paragraph 5(2) are subject to the affirmative procedure.
315. Paragraph 7(2) sets out that regulations made by the Scottish Ministers to which this Part of Schedule 5 applies and which are within paragraph 5(4) are subject to the negative procedure.
316. Paragraph 7(3) sets out that regulations made by the Scottish Ministers to which this Part of Schedule 5 applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are subject to either the draft affirmative or negative procedure.
317. Paragraph 7(4) sets out that sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 should be referred to for the negative and affirmative procedure for Scotland.

Separate exercise by Welsh Ministers

318. Paragraph 8(1) sets out that Welsh Ministers may not make a statutory instrument containing regulations to which this Part of Schedule 5 applies and that fall within paragraph 5(2) unless they have been subject to the draft affirmative procedure in the Senedd Cymru.
319. Paragraph 8(2) sets out that a statutory instrument made by the Welsh Ministers containing regulations to which this Part of Schedule 5 applies and which are within paragraph 5(4) are subject to the negative procedure.
320. Paragraph 8(3) sets out that statutory instrument made by the Welsh Ministers containing regulations to which this Part of Schedule 5 applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies may be subject to either the draft affirmative or the negative procedure in the Senedd Cymru.
321. Paragraph 9 sets out a sifting mechanism for regulations for some proposed instruments. Paragraph 9(1) sets out that sub-paragraph (2) applies if-
     1. the Welsh Ministers acting alone make a statutory instrument containing regulations under section 11, 12 or 14,
     2. the paragraph 8(3) applies to the instrument, and
     3. the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to the negative procedure in the Senedd Cymru.
322. Paragraph 9(2) sets out that the Welsh Ministers may not make the instrument so that it is subject to the negative procedure unless condition 1 is met, and either condition 2 or 3 is met. These conditions are outlined in sub-paragraphs (3) to (5).
323. Paragraph 9(3) sets out condition 1. Condition 1 is that the Welsh Ministers –
     1. have made a written statement that in their opinion the instrument should be subject to the negative procedure in the Senedd Cymru, and
     2. have laid before the Senedd Cymru both –
        1. a draft of the instrument, and
        2. a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.
324. Paragraph 9(4) sets out condition 2. Condition 2 is that a committee of Senedd, who has been given the authority to do so, has made a recommendation on the appropriate procedure for the instrument.
325. Paragraph 9(5) sets out condition 3. Condition 3 is that the period of 14 days, starting with the first day after the day the instrument was laid before the Senedd (as mentioned in sub-paragraph (3)(b)(i)), has ended without any recommendation being made as outlined in sub-paragraph (4).
326. Paragraph 9(6) sets out that the period of 14 days should be calculated without including any periods where the Senedd is dissolved or in recess for more than four days.
327. Paragraph 9(7) states that nothing in this paragraph prevents Welsh Ministers from deciding, at any time before a statutory instrument containing regulations under section 11, 12 or 14 is made, that another procedure should apply to the instrument.
328. Paragraph 9(8) states that section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A 2 of the Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this paragraph applies.

Separate exercise by Northern Ireland department

329. Paragraph 10(1) sets out that a Northern Ireland department may not make regulations to which this Part of Schedule 5 applies and that fall within paragraph 6(2) unless they have been subject to the draft affirmative procedure in the Northern Ireland Assembly.
330. Paragraph 10(2) sets out that regulations made by a Northern Ireland department to which this Part of Schedule 5 applies and which are within paragraph 6(4) are subject to negative resolution.
331. Paragraph 10(3) sets out that regulations made by a Northern Ireland department to which this Part of Schedule 5 applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies may be subject to either the draft affirmative or negative procedures.
332. Paragraph 10(4) sets out that in this paragraph the "subject to the negative resolution" has the same meaning as set out in section 41(6) of the Interpretation Act (Northern Ireland) 1954 and as if the regulations were a statutory instrument within the meaning of that Act 3.

Part 3: Powers of Relevant National Authority - Joint Exercise

Parliamentary procedure

333. Paragraph 11(1) sets out that a statutory instrument containing regulations that are made by a Minister of the Crown jointly with a devolved authority and that fall within paragraph 6(2) may not be made unless they are subject to the draft affirmative procedure.
334. Paragraph 11(2) sets out that a statutory instrument containing regulations within paragraph 6(4) made by a Minister of the Crown jointly with a devolved authority is subject to the negative procedure.
335. Paragraph 11(3) sets out that a statutory instrument containing regulations that are made by a Minister of the Crown jointly with a devolved authority and to which neither sub-paragraph (1) nor sub-paragraph (2) applies may be subject to either the draft affirmative or the negative procedure.
336. Paragraph 11(4) sets out that the procedure provided for by this paragraph is in addition to any other procedure provided for by this Part of Schedule 5.

Joint exercise with Scottish Ministers

337. Paragraph 12(1) sets out that regulations that are made jointly with Scottish Ministers and that fall within paragraph 5(2) are subject to the affirmative procedure in the Scottish Parliament.
338. Paragraph 12(2) sets out that regulations that are made jointly with Scottish Ministers and that fall within paragraph 5(4) are subject to the negative procedure in the Scottish Parliament.
339. Paragraph 12(3) sets out that regulations made jointly with the Scottish Ministers and to which neither subject to sub-paragraph (1) or sub-paragraph (2) applies may be subject to either the affirmative or the negative procedure.
340. Paragraph 13 sets out the provisions for Scottish Ministers making any procedure in Holyrood (detailed in the Interpretation and Legislative Reform (Scotland) Act 2010) and applies these procedures under the powers in the Act for the negative and affirmative procedure.
341. Paragraph 13(1) sets out that this paragraph applies in relation to regulations to which paragraph 12 applies.
342. Paragraph 13(2) sets out that if the regulations are subject to the affirmative procedure, section 29 of the Interpretation and Legislative Reform (Scotland) Act 2020 applies in the same way that it applies to devolved subordinate legislation (which is defined in Part 2 of that Act) which is subject to the affirmative procedures. Paragraph 13(2) further sets out that any references to a Scottish statutory instrument should be read as though they were references to a statutory instrument.
343. Paragraph 13(3) sets out that if the regulations are subject to the negative procedure, sections 28(2), (3), (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2020 applies in the same way that they apply to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure. As above, paragraph 13(3) further sets out that references to a Scottish statutory instrument should be read as though they were references to a statutory instrument.
344. Paragraph 13(4) sets out that section 32 of the Interpretation and Legislative Reform (Scotland) Act 2020 (laying) applies in relation to laying a statutory instrument containing the regulations before the Scottish Parliament in the same way that it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

Joint exercise with Welsh Ministers

345. Paragraph 14(1) sets out that a statutory instrument containing regulations that fall within paragraph 5(2) may not be made jointly with Welsh Ministers unless they are subject to the draft affirmative procedure in the Senedd Cymru.
346. Paragraph 14(2) sets out that a statutory instrument made jointly with the Welsh Ministers containing regulations within paragraph 5(4) is subject to the negative procedure.
347. Paragraph 14(3) sets out that a statutory instrument made jointly with the Welsh Ministers which contains regulations and to which neither sub-paragraph (1) nor sub-paragraph (2) applies may be subject to either the draft affirmative or negative procedure in the Senedd Cymru.

Joint exercise with Northern Ireland department

348. Paragraph 15(1) sets out that regulations that fall within paragraph 5(2) may not be made by a Minister of the Crown jointly with a Northern Ireland department unless they have been subject to the draft affirmative procedure in the Northern Ireland Assembly.
349. Paragraph 15(2) sets out that regulations within paragraph 5(4) that are made jointly with a Northern Ireland department are subject to the negative resolution.
350. Paragraph 15(3) sets out that regulations that are made jointly with a Northern Ireland department and to which neither sub-paragraph (1) nor sub-paragraph (2) applies may be subject to either the draft affirmative or negative procedure in the Northern Ireland Assembly.
351. Paragraph 15(4) further states that the "negative resolution" should be interpreted as set out in section 41(6) of the Interpretation Act (Northern Ireland) 1954 and as if the regulations were a statutory instrument within the meaning of that Act.

Effect of annulment resolution

351. Paragraph 16(1) sets out that if in accordance with this Part of Schedule 5 -
     1. either House of Parliament concludes that an address should be presented to His Majesty setting out that the instrument should be annulled, or
     2. a relevant devolved legislature concludes that an instrument should be annulled,
     3. no further action should be taken under the instrument after the date that such a resolution is made and His Majesty may decide to revoke the instrument by Order in Council.
352. Paragraph 16(2) sets out that the use of "relevant devolved legislature" in sub-paragraph (1) should be understood to mean –
     1. the Scottish Parliament, in cases where regulations are made jointly with Scottish Ministers;
     2. Senedd Cymru, in cases where regulations are made jointly with Welsh Ministers;
     3. the Northern Ireland Assembly, in cases where regulations are made jointly with a Northern Ireland department.
353. Paragraph 16(3) sets out that sub-paragraph (1) does not –
     1. impact the validity of anything previously done under that instrument, or
     2. prevent a new instrument from being made.
354. Paragraph 16(4) sets out that this paragraph applies in the place of any other provision being made by another enactment about the effect of such a resolution.