Moved by
Lord Callanan
92BC: Schedule 3, page 32, line 2, at end insert—
“21A_ After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—
“6_(1) This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.
(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—
(a) must make a statement explaining the effect of the instrument, and
(b) in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—
(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and
(ii) must lay before each House of Parliament any statement provided for the purpose of this sub- paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.
(3) A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(4) For the purposes of this paragraph, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
(5) This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.””
92C: Schedule 3, page 32, line 8, at end insert—
“24A_ In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—
(a) omit paragraph (c) but not the “and” at the end of it, and
(b) in paragraph (d) omit “, European Parliamentary elections”.”
92D: Schedule 3, page 32, line 14, at end insert—
“25A_ In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.”
92DA: Schedule 3, page 33, line 7, leave out sub-paragraph (7)
92DB: Schedule 3, page 33, line 20, at end insert—
“36A_ After section 157 (orders, regulations and directions) insert—
“157ZA Explanatory statements in relation to certain regulations
(1) This section applies where a draft of a statutory instrument containing regulations under section 80(8) or 109A is to be laid before each House of Parliament.
(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—
(a) must make a statement explaining the effect of the instrument, and
(b) in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—
(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and
(ii) must lay before each House of Parliament any statement provided for the purpose of this sub- paragraph to a Minister of the Crown by the Welsh Ministers giving the opinion of the Welsh Ministers as to why the Assembly has not made that decision.
(3) A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(4) For the purposes of this section, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
(5) This section does not apply to a draft of an instrument which only contains regulations under section 80(8) or 109A which only relate to a revocation of a specification.””
92E: Schedule 3, page 33, line 26, at end insert—
“39A_ In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—
“77_ The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.””
92EA: Schedule 3, page 34, line 34, at end insert—
“48A_ After section 96(4)(orders and regulations) insert—
“(4A) Regulations under section 6A or 24(3)—
(a) shall be made by statutory instrument, and
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
48B_ After section 96 (orders and regulations) insert—
“96A Explanatory statements in relation to certain regulations
(1) This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.
(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—
(a) must make a statement explaining the effect of the instrument, and
(b) in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—
(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and
(ii) must lay before each House of Parliament any statement provided for the purpose of this sub- paragraph to a Minister of the Crown by a relevant Minister giving the opinion of the relevant Minister as to why the Assembly has not made that decision.
(3) A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(4) For the purposes of this section, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
(5) In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.
(6) This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.””
92F: Schedule 3, page 34, line 42, at end insert—
“50A_ In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law, other than”.”