Interpretation of Part 1

Trade Bill – in the House of Commons at 6:00 pm on 17 July 2018.

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Amendments made: 51, page 3, leave out lines 27 and 28

This amendment omits the definition of “exit day”, which is no longer needed now the relevant amendments to the Interpretation Act 1978 made by the European Union (Withdrawal) Act 2018 are in force.

Amendment 52, page 3, line 28, at end insert—

““free trade agreement” means an agreement that is or was notifiable under—

(a) paragraph 7(a) of Article XXIV of GATT, or

(b) paragraph 7(a) of Article V of GATS;”

This amendment defines “free trade agreement” for the purposes of Part 1. The definition is in the same terms as the current definition in clause 2(7).

Amendment 53, page 3, line 32, at end insert—

““international trade agreement” means—

(a) a free trade agreement, or

(b) an international agreement that mainly relates to trade, other than a free trade agreement;”

This amendment defines “international trade agreement” for the purposes of Part 1. The definition is in the same terms as the current definition in Clause 2(2).

Amendment 54, page 3, leave out lines 38 and 39

This amendment omits the definition of “retained EU law”, which is no longer needed now the relevant amendments to the Interpretation Act 1978 made by the European Union (Withdrawal) Act 2018 are in force.

Amendment 55, page 3, line 39, at end insert— “

““subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978;”

This amendment defines “subordinate legislation” for Amendment 41.

Amendment 56, page 3, line 41, at end insert—

‘(2) In this Part a reference to being a signatory to an international trade agreement includes a reference to—

(a) exchanging instruments, where the exchange constitutes the agreement;

(b) acceding to the agreement.

(3) In this Part a reference to ratifying an international trade agreement is a reference to doing an act specified in subsection (4) which establishes consent to be bound by the agreement as a matter of international law.

(4) The acts are—

(a) depositing or delivering an instrument of ratification, accession, approval or acceptance;

(b) depositing or delivering a notification of completion of domestic procedures.”

This amendment provides for references in Part 1 to being a “signatory” to an international trade agreement to be read as covering doing anything that would amount to a consent to be bound by the agreement as a matter of international law. It also provides for references to “ratifying” an agreement to be read as doing an act that establishes consent to be bound as a matter of international law.

Amendment 57, page 3, line 41, at end insert—

‘(5) References in this Part to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018 include references to any modifications, made by or under that Act or by other domestic law from time to time, of the rights, powers, liabilities, obligations, restrictions, remedies or procedures concerned.”—(George Hollingbery.)

This amendment provides for references in Part 1 to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018 (directly effective Treaty rights etc) to catch modifications of the rights etc concerned, as well as the rights etc themselves.

Clause 8