Moved by
Baroness Humphreys
29: Clause 1, page 1, line 6, at end insert—
“(1A) Subsection (1) does not apply to an instrument, or a provision of an instrument, that—
(a) would be within the legislative competence of—
(i) the Scottish Parliament if it were contained in an Act of the Scottish Parliament,
(ii) Senedd Cymru if it were contained in an Act of Senedd Cymru, or
(iii) the Northern Ireland Assembly if it were contained in an Act of the Northern Ireland Assembly, or
(b) could be made in subordinate legislation by—
(i) the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
(ii) the Welsh Ministers acting alone, or
(iii) Ministers of the Northern Ireland Executive.”
Member's explanatory statement
This amendment restricts the automatic revocation or “sunsetting” of EU-derived subordinate legislation and retained direct EU legislation under Clause 1 of the Bill so that it does not apply to legislation that is within the legislative competence of each of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly or Executive.