Retained EU Law (Revocation and Reform) Act 2023

After Clause 17, insert the following new Clause—

“Criteria for use of powers

Clause 19, page 21, line 31, leave out “appropriate” and insert “necessary”

Clause 19, page 21, line 33, at end insert—

“(3) Before making regulations under subsection (1) a Minister of the Crown must consult with the other relevant national authorities and any other person who may be affected by the proposed regulations.

Clause 20, page 22, line 8, leave out “does not apply in relation to any power to make regulations under this Act” and insert “has effect in relation to any power to make regulations under this Act as if in subsection (2)(a) of that section, after “section 30)”, there were inserted “which must require that a report setting out the conclusions of the review is published within the period of three years beginning with the day on which the regulatory provision comes into force””

Clause 20, page 22, line 9, at end insert—

“(6) No provision may be made by a relevant national authority under this Act in relation to the environment unless the relevant national authority considers that the overall effect of the changes made by it under this Act (including the proposed provision and changes made previously) improve environmental protection.”

Clause 20, page 22, line 9, at end insert—

“(6) Where a statutory instrument, or a draft of a statutory instrument, containing regulations under this Act is laid before Parliament, the instrument, or draft instrument, must be accompanied at the same time by a regulatory impact assessment for it which—

Schedule 3, page 33, line 9, at end insert—

“(3A) A Minister of the Crown must obtain the consent of the Scottish Ministers before making regulations to which this Part of this Schedule applies if the regulations contain a provision that—

Schedule 4, page 37, line 4, after “containing” insert—

“(a) regulations under section 2, or

Schedule 4, page 37, line 24, at end insert—

“(za) regulations under section 3 (abolition of retained EU rights, powers, liabilities etc).”

Schedule 4, page 37, line 37, leave out “1” and insert “(Exceptions to sunset under section 1)”

Schedule 4, page 39, line 17, leave out “10” and insert “15”

Schedule 4, page 39, line 19, leave out “10” and insert “15”

Schedule 4, page 39, line 38, at end insert—

(14)A Minister of the Crown must obtain the consent of the Scottish Ministers before making regulations to which this Part of this Schedule applies if the regulations contain a provision that—

Schedule 4, page 39, line 38, at end insert—

““8A (1)This paragraph applies to regulations under section 15.

Clause 21, page 23, line 18, at end insert—

“(4) The provisions of this Act have effect without prejudice to section 7A of the EU (Withdrawal) Act 2018.”

Clause 22, page 23, line 39, at end insert—

“(4A) The Scottish Ministers may by regulations make such transitional, transitory or saving provision as they consider appropriate in connection with—

Clause 22, page 23, line 40, leave out subsection (5)

Clause 22, page 24, line 8, at end insert—

“(d) anything referred to in the Digital Markets, Competition and Consumer Act 2023.”

Clause 22, page 24, line 8, at end insert—

“(d) an instrument, or provision of an instrument, where the instrument or provision of the instrument is wholly or partly made under, or with reference to, powers contained within the Food Safety Act 1990.”

Clause 23, page 24, line 14, leave out “and Northern Ireland”