House of Commons – Jan. 17, 2018 – 101

Amendment proposed: 2, page 5, line 6, leave out subsections (1) to (6) and insert— “(1) A Minister of the Crown may by regulations make such provision as the Minister considers necessary to prevent, remedy or mitigate— (a) any failure of retained EU law to operate effectively, or (b) any other deficiency in retained EU law, arising from the withdrawal of the United Kingdom from the EU. (2) Deficiencies in retained EU law are where the Minister considers that retained EU law— (a) contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant, (b) confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it, (c) makes provision for, or in connection with, reciprocal arrangements between— (i) the United Kingdom or any part of it or a public authority in the United Kingdom, and (ii) the EU, an EU entity, a member State or a public authority in a member State, which no longer exist or are no longer appropriate, (d) makes provision for, or in connection with, other arrangements which— (i) involve the EU, an EU entity, a member State or a public authority in a member State, or (ii) are otherwise dependent upon the United Kingdom’s membership of the EU, and which no longer exist or are no longer appropriate, (e) makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties, (f) does not contain any functions or restrictions which— (i) were in an EU directive and in force immediately before exit day (including any power to make EU tertiary legislation), and (ii) it is appropriate to retain, or (g) contains EU references which are no longer appropriate. (3) But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after exit day. (4) Regulations under this section may make any provision that could be made by an Act of Parliament. (5) Regulations under this section may provide for— (a) functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be exercisable instead by a public authority (whether or not newly established or established for the purpose) in the United Kingdom, (b) the establishment of public authorities in the United Kingdom to carry out functions provided for by regulations under this section. (6) Regulations to which subsection (5) apply must ensure that the functions of such EU entities or public authorities are exercised with equivalent scope, purpose and effect by public authorities in the United Kingdom. (7) But regulations under this section may not— (a) impose or increase taxation, (b) make retrospective provision, (c) create a relevant criminal offence, (d) be made to implement the withdrawal agreement, (e) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, (f) amend or repeal the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 13(b) of Schedule 7 to this Act or are amending or repealing paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 or any provision of that Act which modifies another enactment), (g) contain any provision the effect of which is that, in comparison with the position immediately before the exit date— (i) any right conferred on a person by retained EU law is either removed or made less favourable, (ii) any standard laid by retained EU law is lowered, or (iii) any remedy, procedure or method of enforcement, in relation to any rights or standards conferred by retained EU law, is made less effective, or (h) amend, repeal or revoke the Equality Act 2010 or any subordinate legislation made under that Act.”—(Matthew Pennycook.)