European Union (Withdrawal Agreement) Act 2020

2020 c. 1

An Act to implement, and make other provision in connection with, 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.

Enacted[23rd January 2020]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1 Implementation period¶

Saved law for implementation period¶

^I181 Saving of ECA for implementation period¶

After section 1 of the European Union (Withdrawal) Act 2018 (repeal of the European Communities Act 1972) insert—

Savings for implementation period

1A Saving for ECA for implementation period

1 Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

2 The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).

3 The Act of 1972 has effect on and after exit day as if —

a the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—

i included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but

ii were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,

b the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

c section 2(3) (payment of EU costs etc.) were omitted,

d in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—

i the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and

ii the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,

e references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

f in Part 2 of Schedule 1 (general definitions in relation to the EU)—

i in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

ii in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.

4 In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.

5 Subsections (1) to (4) are repealed on IP completion day.

6 In this Act—

“the implementation period” means the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day;
“IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act);
“withdrawal agreement” has the same meaning as in that Act (see section 39(1) and (6) of that Act).

7 In this Act—

a references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and

b references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.

^I192 Additional saving for implementation period¶

After section 1A of the European Union (Withdrawal) Act 2018 (saving for the European Communities Act 1972 for the implementation period) (for which see section 1 above) insert—

1B Saving for EU-derived domestic legislation for implementation period

1 Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

2 EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows.

3 Any enactment which continues to have effect by virtue of subsection (2) is to be read, on and after exit day and so far as the context permits or requires, as if—

a any reference to an expression which is to be read in accordance with Schedule 1 to the Interpretation Act 1978 and is an expression defined by section 1 of, or Part 2 of Schedule 1 to, the European Communities Act 1972 were a reference to that expression as defined by that section or that Part of that Schedule as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

b any reference (however expressed and subject to paragraph (a) above) to—

i EU law,

ii any particular EU Treaty or any part of it,

iii any EU instrument, or other document of an EU entity or of the EU, or any part of any such instrument or document,

iv any part of EU law not falling within sub-paragraph (ii) or (iii),

v any tax, duty, levy or interests of the EU, or

vi any arrangement involving, or otherwise relating to, the EU of a kind not falling within sub-paragraph (i), (ii), (iii), (iv) or (v),

were a reference to any such thing so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

c any reference (however expressed and subject to paragraph (a) above) to the European Communities Act 1972 were or (as the case may be) included a reference to the Act of 1972 as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

d any reference (however expressed) to the area of the EU or of the EEA included the United Kingdom,

e any reference (however expressed) to a citizen of the EU or a national of the EEA included a United Kingdom national (within the meaning given by Article 2(d) of the withdrawal agreement), and

f such other modifications were made as—

i are provided for by regulations under section 8A or Part 1A of Schedule 2, or

ii so far as not so provided, are necessary for any purpose of Part 4 of the withdrawal agreement and are capable of being ascertained from any such purpose or otherwise from that Part of that agreement.

4 Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP completion day is, unless the contrary intention appears, to be read in accordance with subsection (3) (and anything done or omitted to be done in connection with any such enactment is to be understood, and has effect, accordingly).

5 Subsections (2) to (4) are subject to any regulations made under section 8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under the European Union (Withdrawal Agreement) Act 2020.

6 Subsections (1) to (5) are repealed on IP completion day.

7 In this Act “EU-derived domestic legislation” means any enactment so far as—

a made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,

b passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,

c relating to—

i anything which falls within paragraph (a) or (b), or

ii any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or

d relating otherwise to the EU or the EEA,

but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020.

Supplementary powers¶

3 Supplementary power in connection with implementation period¶

After section 8 of the European Union (Withdrawal) Act 2018 (dealing with deficiencies arising from withdrawal) insert—

8A Supplementary power in connection with implementation period

1 A Minister of the Crown may by regulations—

a provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,

d modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or

e make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

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 No regulations may be made under subsection (1) after the end of the period of two years beginning with IP completion day.

4 Powers corresponding to section 3 involving devolved authorities¶

After Part 1 of Schedule 2 to the European Union (Withdrawal) Act 2018 (corresponding powers involving devolved authorities: dealing with deficiencies arising from withdrawal) insert—

PART 1A Provision in connection with implementation period

11A Supplementary power in connection with implementation period

1 A devolved authority may by regulations—

a provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

d make such provision not falling within paragraph (a), (b) or (c) as the devolved authority considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

2 A Minister of the Crown acting jointly with a devolved authority may by regulations—

a provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

d make such provision not falling within paragraph (a), (b) or (c) as they consider appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

3 The power to make regulations under this Part may (among other things) be exercised by modifying any provision made by or under an enactment.

4 In sub-paragraph (3) “enactment” does not include primary legislation passed or made after IP completion day.

5 No regulations may be made under this Part after the end of the period of two years beginning with IP completion day.

6 Regulations under sub-paragraph (1) are also subject to paragraphs 11B and 11C.

11B No power to make provision outside devolved competence

1 No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2 See paragraphs 11D to 11F for the meaning of “devolved competence” for the purposes of this Part.

11C Certain requirements for consent, joint exercise or consultation

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1A

11DA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), 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 (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11EA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part 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 (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but 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 (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11FA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part 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 (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), 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 (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) 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 (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).

PART 2 Remaining implementation of withdrawal agreement etc: general¶

Withdrawal agreement¶

^I205 General implementation of remainder of withdrawal agreement¶

After section 7 of the European Union (Withdrawal) Act 2018 (status of retained EU law) insert—

Further aspects of withdrawal

7A General implementation of remainder of withdrawal agreement

1 Subsection (2) applies to—

a all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the withdrawal agreement, and

b all such remedies and procedures from time to time provided for by or under the withdrawal agreement,

as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom.

2 The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

a recognised and available in domestic law, and

b enforced, allowed and followed accordingly.

3 Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

4 This section does not apply in relation to Part 4 of the withdrawal agreement so far as section 2(1) of the European Communities Act 1972 applies in relation to that Part.

5 See also (among other things)—

a Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

b section 20 of that Act (financial provision),

c section 7C of this Act (interpretation of law relating to withdrawal agreement etc.),

d section 8B of this Act (power in connection with certain other separation issues),

e section 8C of this Act (power in connection with the Protocol on Ireland/Northern Ireland in withdrawal agreement), and

f Parts 1B and 1C of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues and the Ireland/Northern Ireland Protocol).

PART 3 Citizens' rights¶

Rights in relation to entry and residence¶

^I857 Rights related to residence: application deadline and temporary protection¶

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for any of the following purposes—

a specifying the deadline that applies for the purposes of—

i the first sub-paragraph of Article 18(1)(b) of the withdrawal agreement (deadline for the submission of applications for the new residence status described in Article 18(1));

ii the first sub-paragraph of Article 17(1)(b) of the EEA EFTA separation agreement (deadline for the submission of applications for the new residence status described in Article 17(1));

iii the first sentence of Article 16(1)(b) of the Swiss citizens' rights agreement (deadline for the submission of applications for the new residence status described in Article 16(1));

b implementing Article 18(2) of the withdrawal agreement (protection for Union citizens etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 18(1));

c implementing Article 17(2) of the EEA EFTA separation agreement (protection for EEA EFTA nationals etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 17(1));

d implementing Article 16(2) of the Swiss citizens' rights agreement (protection for Swiss nationals etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 16(1));

e implementing Article 18(3) of the withdrawal agreement (protection for Union citizens etc. pending a final decision on an application for the new residence status described in Article 18(1));

f implementing Article 17(3) of the EEA EFTA separation agreement (protection for EEA EFTA nationals etc. pending a final decision on an application for the new residence status described in Article 17(1));

g implementing Article 16(3) of the Swiss citizens' rights agreement (protection for Swiss nationals etc. pending a final decision on an application for the new residence status described in Article 16(1)).

2 If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(b), (c) or (d) may be made so as to apply both to—

a persons to whom the provision in question applies, and

b persons to whom that provision does not apply but who may be granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules (see section 17) and who do not have such leave.

3 If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(e), (f) or (g) may be made so as to apply both to—

a persons to whom the provision in question applies, and

b persons to whom that provision does not apply but who make an application for leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.

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

^I868 Frontier workers¶

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of implementing any of the following—

a Articles 24(3) and 25(3) of the withdrawal agreement (rights of employed and self-employed frontier workers) other than as regards rights enjoyed as workers (see section 14(1));

b Articles 23(3) and 24(3) of the EEA EFTA separation agreement (rights of employed and self-employed frontier workers) other than as regards rights enjoyed as workers (see section 14(2));

c Article 20(2) of the Swiss citizens' rights agreement (rights of frontier workers to enter and exit).

2 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of implementing any of the following—

a Article 26 of the withdrawal agreement (issue of documents);

b Article 25 of the EEA EFTA separation agreement (issue of documents);

c Article 21(1)(a) and (2) of the Swiss citizens' rights agreement (issue of documents).

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

^I879 Restrictions of rights of entry and residence¶

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of implementing any of the following—

a Article 20(1), (3) and (4) of the withdrawal agreement (restrictions of the rights of entry and residence);

b Article 19(1), (3) and (4) of the EEA EFTA separation agreement (restrictions of the rights of entry and residence);

c Articles 17(1) and (3) and 20(3) of the Swiss citizens' rights agreement (restrictions of the rights of entry and residence).

2 If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(a), (b) or (c) may be made so as to apply both to—

a persons to whom the provision in question applies, and

b persons to whom that provision does not apply but who—

i have entry clearance granted by virtue of relevant entry clearance immigration rules (see section 17),

ii have leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules (see section 17), or

iii otherwise have leave to enter granted after arriving with entry clearance granted by virtue of relevant entry clearance immigration rules.

3 In subsection (2)(b), references to a person who has entry clearance or leave to enter or remain include references to a person who would have had entry clearance or leave to enter or remain but for—

a the making of a deportation order under section 5(1) of the Immigration Act 1971, or

b the making of any other decision made in connection with restricting the right of the person to enter the United Kingdom.

4 The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made—

a by or under the Immigration Acts, or

b under other primary legislation.

^I3810 Retention of existing grounds for deportation¶

1 Section 3 of the Immigration Act 1971 (general provisions for regulation and control) is amended in accordance with subsections (2) to (4).

2 After subsection (5) insert—

3 After subsection (6) insert—

4 After subsection (9) insert—

10 For the purposes of this section, a person is a “relevant person”—

a if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules,

b if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

c if the person may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of—

i Article 32(1)(b) of the EU withdrawal agreement,

ii Article 31(1)(b) of the EEA EFTA separation agreement, or

iii Article 26a(1)(b) of the Swiss citizens' rights agreement,

whether or not the person has been granted such leave, or

d if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.

11 In this section—

“EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);
“relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

5 In section 33 of the UK Borders Act 2007 (exceptions to automatic deportation), after subsection (6A), insert—

6B Exception 7 is where—

a the foreign criminal is a relevant person, and

b the offence for which the foreign criminal was convicted as mentioned in section 32(1)(b) consisted of or included conduct that took place before IP completion day.

6C For the purposes of subsection (6B), a foreign criminal is a “relevant person”—

a if the foreign criminal is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules,

b if the foreign criminal has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

c if the foreign criminal may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of—

i Article 32(1)(b) of the EU withdrawal agreement,

ii Article 31(1)(b) of the EEA EFTA separation agreement, or

iii Article 26a(1)(b) of the Swiss citizens' rights agreement,

whether or not the foreign criminal has been granted such leave, or

d if the foreign criminal may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the foreign criminal has entered by virtue of those regulations.

6D In this section—

“EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);
“relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

6 In section 3(10) of the Immigration Act 1971 and section 33(6C) of the UK Borders Act 2007 (for which see subsections (4) and (5) above), references to having leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules include references to having such leave granted by virtue of those rules before section 17 comes into force.

11 Appeals etc. against citizens' rights immigration decisions¶

1 A Minister of the Crown may by regulations make provision for, or in connection with, appeals against citizens' rights immigration decisions of a kind described in the regulations.

2 For the purposes of this section, each of the following is a “citizens' rights immigration decision”—

a a decision made in connection with entry clearance by virtue of relevant entry clearance immigration rules (see section 17);

b a decision made in connection with leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules (see section 17);

c a decision made in connection with entry clearance for the purposes of acquiring leave to enter or remain in relation to a healthcare right of entry;

d a decision made in connection with leave to enter or remain in the United Kingdom in relation to a healthcare right of entry;

e a decision made in connection with a right to enter or remain in the United Kingdom by virtue of regulations made under section 8 (frontier workers);

f a decision to make, or a refusal to revoke, a deportation order under section 5(1) of the Immigration Act 1971 in relation to a relevant person;

g any other decision made in connection with restricting the right of a relevant person to enter the United Kingdom.

3 A Minister of the Crown may also by regulations make provision for, or in connection with, reviews (including judicial reviews) of decisions within subsection (2)(g).

4 The power to make regulations under subsection (1) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.

5 Such regulations may, for example, apply with or without modifications any enactment which applies in relation to appeals under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997.

6 For the purposes of subsection (2), a “healthcare right of entry” is a right to enter the United Kingdom that a person has by virtue of—

a Article 32(1)(b) of the withdrawal agreement,

b Article 31(1)(b) of the EEA EFTA separation agreement, or

c Article 26a(1)(b) of the Swiss citizens' rights agreement.

7 For the purposes of subsection (2)(f) and (g), a person is a “relevant person” if—

a Article 20 of the withdrawal agreement, Article 19 of the EEA EFTA separation agreement or (as the case may be) Articles 17 or 20(3) of the Swiss citizens' rights agreement (restrictions of the rights of entry and residence) applies to the person, or

b the person is not within paragraph (a) but—

i has entry clearance granted by virtue of relevant entry clearance immigration rules,

ii has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, or

iii otherwise has leave to enter granted after arriving with entry clearance granted by virtue of relevant entry clearance immigration rules.

8 In subsection (7)(b), references to a person who has entry clearance or leave to enter or remain include references to a person who would have had entry clearance or leave to enter or remain but for—

a the making of a deportation order under section 5(1) of the Immigration Act 1971, or

b the making of any other decision made in connection with restricting the right of the person to enter the United Kingdom.

Professional qualifications¶

^I8812 Recognition of professional qualifications¶

1 An appropriate authority may by regulations make such provision as the authority considers appropriate—

a to implement Chapter 3 of Title II of Part 2 of the withdrawal agreement (professional qualifications),

b to supplement the effect of section 7A of the European Union (Withdrawal) Act 2018 in relation to that Chapter, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Chapter (including matters arising by virtue of section 7A of that Act and that Chapter).

2 An appropriate authority may by regulations make such provision as the authority considers appropriate—

a to implement Chapter 3 of Title II of Part 2 of the EEA EFTA separation agreement (professional qualifications),

b to supplement the effect of section 7B of the European Union (Withdrawal) Act 2018 in relation to that Chapter, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Chapter (including matters arising by virtue of section 7B of that Act and that Chapter).

3 An appropriate authority may by regulations make such provision as the authority considers appropriate—

a to implement professional qualification provisions of the Swiss citizens' rights agreement,

b to supplement the effect of section 7B of the European Union (Withdrawal) Act 2018 in relation to those provisions, or

c otherwise for the purposes of dealing with matters arising out of, or related to, those provisions (including matters arising by virtue of section 7B of that Act and those provisions).

4 For the purposes of subsection (3) the following are “professional qualification provisions” of the Swiss citizens' rights agreement—

a Part 4 of that agreement (mutual recognition of professional qualifications);

b Article 23(4) of that agreement as regards the recognition of professional qualifications.

5 If an appropriate authority considers it appropriate, regulations under subsection (1) or (2) relating to the implementation of a provision of Chapter 3 of Title II of Part 2 of the withdrawal agreement or of the EEA EFTA separation agreement may be made so as to apply both to—

a persons to whom the provision in question applies, and

b persons to whom that provision does not apply but who may be granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules, whether or not they have been granted such leave (see section 17).

6 The power to make regulations under subsection (1), (2) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.

7 In subsection (6) “enactment” does not include primary legislation passed or made after IP completion day.

8 In this section, “appropriate authority” means—

a a Minister of the Crown,

b a devolved authority, or

c a Minister of the Crown acting jointly with a devolved authority.

9 Schedule 1 contains further provision about the power of devolved authorities to make regulations under this section.

Equal treatment etc.¶

^I9014 Non-discrimination, equal treatment and rights of workers etc.¶

1 An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing any of the following provisions of the withdrawal agreement—

a Article 12 (prohibition of discrimination on grounds of nationality);

b Article 23 (right to equal treatment);

c Articles 24(1) and 25(1) (rights of workers and the self-employed);

d Articles 24(3) and 25(3) (rights of employed or self-employed frontier workers) as regards rights enjoyed as workers.

2 An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing any of the following provisions of the EEA EFTA separation agreement—

a Article 11 (prohibition of discrimination on grounds of nationality);

b Article 22 (right to equal treatment);

c Articles 23(1) and 24(1) (rights of workers and the self-employed);

d Articles 23(3) and 24(3) (rights of employed or self-employed frontier workers) as regards rights enjoyed as workers.

3 An appropriate authority may by regulations make such provision as the authority considers appropriate for the purpose of implementing any of the following provisions of the Swiss citizens' rights agreement—

a Article 7 (prohibition of discrimination on grounds of nationality);

b Article 18 (right to take up employment etc.);

c Article 19 (rights of employed or self-employed persons etc.);

d Article 20(1) (rights of frontier workers);

e Article 23(1) (rights of persons providing services).

4 If the appropriate authority considers it appropriate, regulations under subsection (1), (2) or (3) relating to the implementation of a provision mentioned in that subsection, may be made so as to apply both to—

a persons to whom the provision in question applies, and

5 The power to make regulations under subsection (1), (2) or (3) may (among other things) be exercised by modifying any provision made by or under an enactment.

6 In this section, “appropriate authority” means—

a a Minister of the Crown,

b a devolved authority, or

c a Minister of the Crown acting jointly with a devolved authority.

7 Schedule 1 contains further provision about the power of devolved authorities to make regulations under this section.

Independent Monitoring Authority¶

15 Independent Monitoring Authority for the Citizens' Rights Agreements¶

^I571 A body corporate called the Independent Monitoring Authority for the Citizens' Rights Agreements is established.

^I572 In this Part that body is referred to as “the IMA”.

^I58^I75^I1273 Schedule 2 contains provision relating to the IMA (including provisions about the IMA's constitution and functions).

General¶

16 Regulations: supplementary¶

1 In sections 7, 8, 9 and 14—

a a power to make provision for the purpose of implementing a provision of the withdrawal agreement includes power to make provision to supplement the effect of section 7A of the European Union (Withdrawal) Act 2018 in relation to that provision of the agreement,

b a power to make provision for the purpose of implementing a provision of the EEA EFTA separation agreement includes power to make provision to supplement the effect of section 7B of that Act in relation to that provision of the agreement, and

c a power to make provision for the purpose of implementing a provision of the Swiss citizens' rights agreement includes power to make provision to supplement the effect of section 7B of that Act in relation to that provision of the agreement.

2 The conferral of a power on a Minister of the Crown under section 7, 8, 9 or 11 does not affect the extent of any power of a devolved authority under section 12, 13 or 14 which overlaps with a power under section 7, 8, 9 or 11 by virtue of section 17(4).

3 Regulations under this Part may not provide for the conferral of functions (including the conferral of a discretion) on, or the delegation of functions to, a person who is not a public authority (but may so provide if the person is a public authority).

4 In subsection (3), “public authority” means a person who exercises functions of a public nature.

17 Interpretation: Part 3¶

1 In this Part, “residence scheme immigration rules” means—

a Appendix EU to the immigration rules except those rules, or changes to that Appendix, which are identified in the immigration rules as not having effect in connection with the residence scheme that operates in connection with the withdrawal of the United Kingdom from the EU, and

b any other immigration rules which are identified in the immigration rules as having effect in connection with the withdrawal of the United Kingdom from the EU.

2 In this Part, “relevant entry clearance immigration rules” means any immigration rules which are identified in the immigration rules as having effect in connection with the granting of entry clearance for the purposes of acquiring leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.

3 In this Part, references to having leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules include references to having such leave granted by virtue of those rules before this section comes into force.

4 In this Part, a reference to a Chapter, Title, Part or other provision of the withdrawal agreement, EEA EFTA separation agreement or Swiss citizens' rights agreement includes a reference to—

a any other provision of the agreement in question so far as relating to that Chapter, Title, Part or other provision, and

b any provision of EU law which is applied by, or referred to in, that Chapter, Title, Part or other provision (to the extent of the application or reference).

5 In this Part—

“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 (interpretation);
“immigration rules” has the same meaning as in the Immigration Act 1971.

PART 4 Other subject areas¶

Other separation issues¶

^I9118 Main power in connection with other separation issues¶

After section 8A of the European Union (Withdrawal) Act 2018 (supplementary power in connection with implementation period) (for which see section 3 above) insert—

8B Power in connection with certain other separation issues

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a to implement Part 3 of the withdrawal agreement (separation provisions),

b to supplement the effect of section 7A in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

2 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b to supplement the effect of section 7B in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

3 Regulations under this section may make any provision that could be made by an Act of Parliament.

4 Regulations under this section may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

a section 7A above and Part 3 of the withdrawal agreement, or

b section 7B above and Part 3 of the EEA EFTA separation agreement.

5 But regulations under this section may not—

a impose or increase taxation or fees,

b make retrospective provision,

c create a relevant criminal offence,

d establish a public authority,

e amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

f amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

6 In this section references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

^I9219 Powers corresponding to section 18 involving devolved authorities¶

After Part 1A of Schedule 2 to the European Union (Withdrawal) Act 2018 (corresponding powers involving devolved authorities: provision in connection with implementation period) (for which see section 4 above) insert—

PART 1B Provision in connection with certain other separation issues

11G Powers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement

1 A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a to implement Part 3 of the withdrawal agreement (separation provisions),

b to supplement the effect of section 7A in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

2 A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a to implement Part 3 of the withdrawal agreement (separation provisions),

b to supplement the effect of section 7A in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

3 A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b to supplement the effect of section 7B in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

4 A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b to supplement the effect of section 7B in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

5 Regulations under this Part may make any provision that could be made by an Act of Parliament.

6 Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

a section 7A above and Part 3 of the withdrawal agreement, or

b section 7B above and Part 3 of the EEA EFTA separation agreement.

7 But regulations under this Part may not—

a impose or increase taxation or fees,

b make retrospective provision,

c create a relevant criminal offence,

d establish a public authority,

e amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

8 Regulations under sub-paragraph (1) or (3) are also subject to paragraphs 11H and 11I.

9 In this paragraph references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

11H No power to make provision outside devolved competence

1 No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2 See paragraphs 11J to 11L for the meaning of “devolved competence” for the purposes of this Part.

11I Certain requirements for consent, joint exercise or consultation

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1B

11JA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law), 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 (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law and section 57(4) of that Act).

11KA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part 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 (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but 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 (ignoring section 80(8) of the Government of Wales Act 2006).

11LA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part 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 (ignoring section 6(2)(d) of the Northern Ireland Act 1998), 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 (ignoring section 6(2)(d) of the Northern Ireland Act 1998) 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 (ignoring section 24(1)(b) and (3) of the Northern Ireland Act 1998).

Main financial provision¶

20 Financial provision¶

1 Any sum that is required to be paid to the EU or an EU entity to meet any obligation that the United Kingdom has by virtue of the withdrawal agreement is to be charged on and paid out of the Consolidated Fund or, if the Treasury so decides, the National Loans Fund.

2 After 31 March 2021, subsection (1) does not apply in relation to any expenditure other than sums required to be paid in respect of the traditional own resources of the EU.

3 Any money received by a Minister of the Crown or a government department by virtue of the withdrawal agreement is to be paid into the Consolidated Fund or, if the Treasury so decides, the National Loans Fund.

4 A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

5 There is to be paid out of money provided by Parliament—

a any expenditure in relation to which subsection (1) does not apply which is incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and

b any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

6 Subsections (1), (3) and (5) are subject to any other provision made by or under this Act or any other enactment.

7 In this section—

“EU entity” means an EU institution or any office, body or agency of the EU;
“government department” means any department of the Government of the United Kingdom;
“the traditional own resources of the EU” means the EU's traditional own resources referred to in Article 2(1)(a) of the Council Decision of 26 May 2014 on the system of own resources of the European Union (2014/335/EU, Euratom).

Ireland/Northern Ireland Protocol¶

^I9321 Main power in connection with Ireland/Northern Ireland Protocol¶

After section 8B of the European Union (Withdrawal) Act 2018 (power in connection with certain other separation issues) (for which see section 18 above) insert—

8C Power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

b to supplement the effect of section 7A in relation to the Protocol, or

c otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

2 Regulations under subsection (1) may make any provision that could be made by an Act of Parliament (including modifying this Act).

3 Regulations under subsection (1) may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

4 Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

a the authorities of a member State, or

b bodies established in a member State,

in respect of qualifying Northern Ireland goods.

5 Regulations under subsection (1) may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

6 A Minister of the Crown may by regulations define “qualifying Northern Ireland goods” for the purposes of this Act.

7 In this section any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

a any other provision of the withdrawal agreement so far as applying to the Protocol, and

b any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).

^I9422 Powers corresponding to section 21 involving devolved authorities¶

After Part 1B of Schedule 2 to the European Union (Withdrawal) Act 2018 (corresponding powers involving devolved authorities: provision in connection with certain other separation issues) (for which see section 19 above) insert—

PART 1C Provision in connection with Protocol on Ireland/Northern Ireland

11M Power in connection with Protocol on Ireland/Northern Ireland