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European Union (Withdrawal Agreement) Act 2020

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Implementation period

    1. Saved law for implementation period

      1. 1.Saving of ECA for implementation period

      2. 2.Additional saving for implementation period

    2. Supplementary powers

      1. 3.Supplementary power in connection with implementation period

      2. 4.Powers corresponding to section 3 involving devolved authorities

  3. PART 2 Remaining implementation of withdrawal agreement etc: general

    1. Withdrawal agreement

      1. 5.General implementation of remainder of withdrawal agreement

    2. Related EEA EFTA and Swiss agreements

      1. 6.General implementation of related EEA EFTA and Swiss agreements

  4. PART 3 Citizens' rights

    1. Rights in relation to entry and residence

      1. 7.Rights related to residence: application deadline and temporary protection

      2. 8.Frontier workers

      3. 9.Restrictions of rights of entry and residence

      4. 10.Retention of existing grounds for deportation

      5. 11.Appeals etc. against citizens’ rights immigration decisions

    2. Professional qualifications

      1. 12.Recognition of professional qualifications

    3. Co-ordination of social security systems

      1. 13.Co-ordination of social security systems

    4. Equal treatment etc.

      1. 14.Non-discrimination, equal treatment and rights of workers etc.

    5. Independent Monitoring Authority

      1. 15.Independent Monitoring Authority for the Citizens’ Rights Agreements

    6. General

      1. 16.Regulations: supplementary

      2. 17.Interpretation: Part 3

  5. PART 4 Other subject areas

    1. Other separation issues

      1. 18.Main power in connection with other separation issues

      2. 19.Powers corresponding to section 18 involving devolved authorities

    2. Main financial provision

      1. 20.Financial provision

    3. Ireland/Northern Ireland Protocol

      1. 21.Main power in connection with Ireland/Northern Ireland Protocol

      2. 22.Powers corresponding to section 21 involving devolved authorities

      3. 23.Protection for certain rights, safeguards etc. in Belfast Agreement

      4. 24.No alteration of North-South co-operation

    4. Relationship to EUWA 2018

      1. 25.Retention of saved EU law at end of implementation period

      2. 26.Interpretation of retained EU law and relevant separation agreement law

      3. 27.Dealing with deficiencies in retained EU law

      4. 28.Ancillary fee-charging powers

    5. Parliamentary oversight

      1. 29.Review of EU legislation during implementation period

      2. 30.Certain dispute procedures under withdrawal agreement

      3. 31.Repeal of section 13 of EUWA 2018

      4. 32.Requirements in Part 2 of CRAGA

    6. Other matters

      1. 33.Prohibition on extending implementation period

      2. 34.Ministerial co-chairs of the Joint Committee

      3. 35.No use of written procedure in the Joint Committee

      4. 36.Repeal of unnecessary or spent enactments

      5. 37.Arrangements with EU about unaccompanied children seeking asylum

  6. PART 5 General and final provision

    1. Parliamentary sovereignty

      1. 38.Parliamentary sovereignty

    2. Interpretation

      1. 39.Interpretation

    3. Supplementary and final

      1. 40.Regulations

      2. 41.Consequential and transitional provision etc.

      3. 42.Extent, commencement and short title

  7. SCHEDULES

    1. SCHEDULE 1

      Powers of devolved authorities under sections 12, 13 and 14

      1. 1.No power to make provision outside devolved competence

      2. 2.A provision is within the devolved competence of the Scottish...

      3. 3.A provision is within the devolved competence of the Welsh...

      4. 4.A provision is within the devolved competence of a Northern...

      5. 5.Requirement for consent where it would otherwise be required

      6. 6.Requirement for joint exercise where it would otherwise be required

      7. 7.Requirement for consultation where it would otherwise be required

      8. 8.Interpretation

    2. SCHEDULE 2

      Independent Monitoring Authority for the Citizens’ Rights Agreements

      1. PART 1 Constitution, proceedings etc.

        1. 1.Status

        2. 2.Membership

        3. 3.Interim chief executive

        4. 4.Requirements relating to appointment

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

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

        7. 7.Remuneration of non-executive members

        8. 8.Staffing of the IMA

        9. 9.Procedure

        10. 10.Discharge of functions

        11. 11.Seal and evidence

        12. 12.Funding

        13. 13.Operational independence

        14. 14.Accounts and audit

        15. 15.Annual plan

        16. 16.Public records

        17. 17.Investigation by the Parliamentary Commissioner

        18. 18.House of Commons disqualification

        19. 19.Northern Ireland Assembly disqualification

        20. 20.Freedom of information

        21. 21.Public sector equality duty

      2. PART 2 Functions of the IMA etc.

        1. 22.General duties

        2. 23.(1) The IMA must promote the adequate and effective implementation...

        3. 24.In exercising its functions, the IMA must have regard to...

        4. 25.Inquiries

        5. 26.(1) The IMA must publish its intention to carry out...

        6. 27.Reports following an inquiry

        7. 28.(1) Where a report under paragraph 27 includes recommendations to...

        8. 29.Complaints

        9. 30.Applying for review or intervening in legal proceedings

        10. 31.Annual reports for specialised committee etc.

        11. 32.Guidance

        12. 33.Gibraltar

        13. 34.Supplementary power

        14. 35.Cooperation by relevant public authorities

      3. PART 3 Further provisions

        1. 36.Disclosure of HMRC’s information

        2. 37.Data protection and disclosure of information

        3. 38.Disclosure of information to IMA: national security

        4. 39.Transfer of IMA’s functions and abolition

        5. 40.(1) The Secretary of State may by regulations—

        6. 41.Interpretation

    3. SCHEDULE 3

      Protection for certain rights, safeguards etc. in Belfast Agreement

      1. 1.The Northern Ireland Act 1998 is amended as follows.

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

      3. 3.In section 24(1) (restrictions on powers of Northern Ireland Ministers...

      4. 4.In section 69 (functions of the Northern Ireland Human Rights...

      5. 5.In section 71 of the Northern Ireland Act 1998 (restrictions...

      6. 6.In section 74 (principal functions of the Equality Commission for...

      7. 7.After section 78 insert— Protections deriving from EU withdrawal agreement...

      8. 8.In Schedule 3 (reserved matters), in paragraph 42, after paragraph...

    4. SCHEDULE 4

      Regulations under this Act

      1. PART 1 Procedure

        1. 1.Rights in relation to entry and residence

        2. 2.(1) A statutory instrument containing the first regulations under section...

        3. 3.Powers under sections 12, 13 and 14: sole exercise

        4. 4.Powers under sections 12, 13 and 14: joint exercise

        5. 5.Power to amend definition of “IP completion day”

        6. 6.Consequential provision

        7. 7.The IMA

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

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

        10. 10.Power under paragraph 3(2) of Schedule 5

      2. PART 2 General provision about powers under Act

        1. 11.Scope and nature of powers: general

        2. 12.Any power to make regulations under this Act—

        3. 13.The fact that a power to make regulations is conferred...

        4. 14.Anticipatory exercise of powers in relation to withdrawal agreement etc.

        5. 15.Scope of appointed day power

        6. 16.Hybrid instruments

        7. 17.Combinations of instruments

    5. SCHEDULE 5

      Consequential and transitional provision etc.

      1. PART 1 General consequential provision

        1. 1.Subordinate legislation with commencement by reference to exit day

        2. 2.(1) No provision may be made by a devolved authority...

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

        4. 4.Power to make consequential regulations under EUWA 2018

      2. PART 2 Specific consequential provision etc.

        1. 5.Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

        2. 6.In section 11 (references in enactments), in subsections (1C), (1D)...

        3. 7.In section 44A (definitions relating to the United Kingdom’s withdrawal...

        4. 8.Interpretation Act 1978

        5. 9.In section 20(3) (references to other enactments) for “exit day”...

        6. 10.In section 21(1) (meaning of “subordinate legislation”) for “exit day”...

        7. 11.In section 23ZA(4)(a)(ii) (retained direct EU legislation) for “exit day”...

        8. 12.In Schedule 1 (words and expressions defined), under the italic...

        9. 13.European Economic Area Act 1993

        10. 14.In section 2 (consistent application of law to the whole...

        11. 15.In section 3 (general implementation of the EEA agreement), in...

        12. 16.In section 6(1) (interpretation), in the definition of “the 1972...

        13. 17.Scotland Act 1998

        14. 18.In section 30A(2) (legislative competence: restriction relating to retained EU...

        15. 19.In section 57(5)(b) (exception to section 57(4)) for “Schedule 2...

        16. 20.(1) Paragraph 1 of Schedule 4 (enactments etc. protected from...

        17. 21.In Part 2 of Schedule 5 (specific reservations), in section...

        18. 22.Northern Ireland Act 1998

        19. 23.In section 6A(2) (restriction relating to retained EU law) for...

        20. 24.(1) Section 7 (entrenched enactments) is amended as follows.

        21. 25.In section 24(4)(b) (exception to section 24(3)) for “Schedule 2...

        22. 26.In Schedule 3 (reserved matters), in paragraph 38, for “exit...

        23. 27.Government of Wales Act 2006

        24. 28.In section 80(8A)(b) (exception to section 80(8)) for “Schedule 2...

        25. 29.In section 109A(2) (legislative competence: restriction relating to retained EU...

        26. 30.In Part 2 of Schedule 7A (specific reservations), in section...

        27. 31.(1) Paragraph 5 of Schedule 7B (protected enactments) is amended...

        28. 32.Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

        29. 33.In section 1(1)(ba) (application of Part 1 of the Act)...

        30. 34.In section 14(3) (references to other legislative provisions) for “exit...

        31. 35.In section 30(7) (other instruments laid before the Scottish Parliament)...

        32. 36.In section 55(2B)(d) (transitional Orders: revocation and savings)—

        33. 37.In Schedule 1 (definitions of words and expressions)—

        34. 38.European Union (Withdrawal) Act 2018

        35. 39.In the italic heading before section 2, for “existing EU...

        36. 40.(1) Section 7 (status of retained EU law) is amended...

        37. 41.(1) Section 10 (continuation of North-South co-operation and the prevention...

        38. 42.In section 11 (powers involving devolved authorities corresponding to sections...

        39. 43.In the italic cross-heading before section 13, for “approval of...

        40. 44.(1) Section 20 (interpretation) is amended as follows.

        41. 45.In the table in section 21(1) (index of defined expressions)—...

        42. 46.(1) Section 23 (consequential and transitional provision) is amended as...

        43. 47.(1) Schedule 4 (powers in connection with fees and charges)...

        44. 48.(1) Schedule 5 (publication and rules of evidence) is amended...

        45. 49.(1) Schedule 6 (instruments which are exempt EU instruments) is...

        46. 50.In Part 1 of Schedule 7 (scrutiny of powers to...

        47. 51.After Part 1 of Schedule 7 insert— PART 1A Scrutiny...

        48. 52.(1) Part 2 of Schedule 7 (scrutiny of other powers...

        49. 53.(1) Part 3 of Schedule 7 (general provision about powers...

        50. 54.(1) Part 1 of Schedule 8 (general consequential provision) is...

        51. 55.(1) Part 3 of Schedule 8 (general transitional, transitory or...

        52. 56.(1) Part 4 of Schedule 8 (specific transitional, transitory and...

        53. 57.The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

        54. 58.Legislation (Wales) Act 2019 (anaw 4)

        55. 59.In section 24 (references to direct EU legislation retained in...

        56. 60.In section 26 (references to EU instruments), in subsection (3)—...

        57. 61.In the Table in Schedule 1 (definitions of words and...

        58. 62.In the Table in Schedule 1 (definitions of words and...

      3. PART 3 Transitional, transitory and saving provision

        1. 63.Retention of existing grounds for deportation

        2. 64.Certain powers of devolved authorities in relation to EU law

        3. 65.Savings in connection with section 36

        4. 66.Regulations under EUWA 2018 etc.

        5. 67.Time-limited powers

        6. 68.Power to make transitional, transitory or saving regulations under EUWA 2018

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