Brexit Statutory Instruments: Powers and Parliamentary Processes

Author: Dr Robert Brett Taylor and Prof Adelyn L M Wilson, University of Aberdeen School of Law

PDF Published: Monday 09 Aug 2021 (SB 21-45)

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Overview
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Overview
Report
- Introduction
- European Union (Withdrawal) Act 2018
  - Concurrent Powers: Section 8 and Schedule 2
  - UK Government commitments in relation to its use of section 8
- UK Exit SIs: Protocol 1
  - The Protocol 1 Process
  - Notifications made under Protocol 1
  - Categorisation of proposed UK Exit SIs under Protocol 1
  - The process at the UK Parliament to which Protocol 1 runs parallel
- UK Exit SIs: Protocol 2
  - Scope of Protocol 2
  - New categorisation
  - New differential scrutiny process
  - Updated notification content
  - Committee recommendations and Scottish Government responses
- Exit Scottish Statutory Instruments (SSIs)
- Conclusion
Sources

Image: Figure 1 - Protocol 1 process

Image: Figure 3 - UK Parliament EU Exit SI process

Image: Figure 4: Protocol 2 process

Image: Figure 5 - Scottish Parliament EU Exit SSI process

legislation.gov.uk. (2018). European Union (Withdrawal) Act. Retrieved from https://www.legislation.gov.uk/ukpga/2018/16/contents/enacted [accessed 6 August 2021]

UK Government Department for Exiting the European Union. (2017, July 13). European Union (Withdrawal) Bill Memorandum concerning the Delegated Powers in the Bill for the Delegated Powers and Regulatory Reform Committee. Retrieved from https://publications.parliament.uk/pa/bills/cbill/2017-2019/0005/delegated%20powers%20memorandum%20for%20European%20Union%20(Withdrawal)%20Bill.pdf [accessed 6 August 2021]

UK Government Cabinet Office. (2018). Intergovernmental Agreement on the European Union (Withdrawal) Bill and the Establishment of Common Frameworks. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/702623/2018-04-24_UKG-DA_IGA_and_Memorandum.pdf [accessed 6 August 2021]

Scottish Parliament. (2018, September 11). Protocol on obtaining the approval of the Scottish Parliament to the exercise of powers by UK Ministers under the European Union (Withdrawal) Act 2018 in relation to proposals within the legislative competence of the Scottish Parliament. Retrieved from https://archive2021.parliament.scot/S5_Delegated_Powers/20180911CabSec.pdf [accessed 6 August 2021]

House of Lords . (2019, March 29). Brexit and Delegated Legislation. Retrieved from https://researchbriefings.files.parliament.uk/documents/LLN-2019-0040/LLN-2019-0040.pdf [accessed 6 August 2021]

UK Parliament. (2020, February 25). Sifting of proposed negative instruments under the EU Withdrawal Act. Retrieved from https://committees.parliament.uk/committee/255/secondary-legislation-scrutiny-committee/content/111553/sifting-of-proposed-negative-instruments-under-the-eu-withdrawal-act/ [accessed 6 August 2020]

UK Parliament. (2021). Statutory instruments relating to Brexit. Retrieved from https://www.parliament.uk/about/how/laws/secondary-legislation/statutory-instruments-relating-to-brexit/ [accessed 6 August 2021]

Scottish Parliament. (2019, June 26). Letter from the Finance and Constitution Committee to the Scottish Government on the outcome recent parliamentary exercise to explore the impact of Brexit,. Retrieved from https://archive2021.parliament.scot/S5_Finance/General%20Documents/2019.6.27.Convener_to__Mike_Russell.pdf [accessed 6 August 2021]

Scottish Government. (2019, August 2). Letter from the Cabinet Secretary for Government Business and Constitutional Relations to the COnvener of the Scottish Parliament Finance and Constitution Committee. Retrieved from https://archive2021.parliament.scot/S5_Finance/General%20Documents/Mr_Russell_letter_to_Bruce_Crawford_-_2_August_2019.pdf [accessed 6 August 2021]

Scottish Government. (2020, November 4). Letter from the Cabinet Secretary for Government Business and Constitutional Relations to the Convener of the Scottish Parliament Finance and Constitution Committee. Retrieved from https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/Letter_from_the_CSCEaEA_-_Protocol_2_-_Convener_FCC.pdf [accessed 6 August 2021]

Scottish Parliament Delegated Powers and Law Reform Committee. (2021). Protocol on scrutiny by the Scottish Parliament of consent by Scottish Ministers to UK secondary legislation in devolved areas arising from EU Exit. Retrieved from https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/SI_Notifications_Protcol_2.pdf [accessed 6 August 2021]

Scottish Parliament. (2021, June 30). Standing Orders of the Scottish Parliament. Retrieved from https://www.parliament.scot/about/how-parliament-works/parliament-rules-and-guidance/standing-orders [accessed 6 August 2021]

Scottish Parliament. (2019, January 8). Protocol on the scrutiny of SSIs made using powers under the European Union (Withdrawal) Act. Retrieved from https://archive2021.parliament.scot/S5_Delegated_Powers/20190108MRtoConveners.pdf [accessed 8 August 2021]

Last Updated: 23/4 7:00pm

Image: Figure 1 - Protocol 1 process

Image: Figure 3 - UK Parliament EU Exit SI process

Image: Figure 4: Protocol 2 process

Image: Figure 5 - Scottish Parliament EU Exit SSI process

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