Scope of the power of a Minister of The Crown acting alone or jointly

Immigration and Social Security Co-ordination (EU Withdrawal) Bill – in the House of Commons at 6:00 pm on 30th June 2020.

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A1 No provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament may be made—

(a) by the Secretary of State or the Treasury acting alone, or

(b) by a Minister of the Crown acting jointly with a Northern Ireland department,

in regulations under section 5, unless that provision is merely incidental to, or consequential on, provision that would be outside that legislative competence.

A2 In considering, for the purposes of paragraph A1, whether a provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, no account is to be taken of section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law.”

This amendment limits the scope of the power conferred on the Secretary of State and the Treasury, and on a Minister of the Crown acting jointly with a Northern Ireland department, to modify retained direct EU legislation under clause 5 (retained direct EU legislation relating to social security co-ordination). No provision that is within the legislative competence of the Scottish Parliament may be made under the power.

Amendment 6, page 9, line 6, leave out “devolved authority” and insert “Northern Ireland department”.

See the explanatory statement to amendment 1.

Amendment 7, page 9, line 8, leave out “devolved authority” and insert “Northern Ireland department”.

See the explanatory statement to amendment 1.

Amendment 8, page 9, line 9, leave out paragraph 2.

See the explanatory statement to amendment 1.

Amendment 9, page 10, line 6, leave out “devolved authority” and insert “Northern Ireland department”.

See the explanatory statement to amendment 1.

Amendment 10, page 10, line 9, leave out “devolved authority” and insert “Northern Ireland department”.

See the explanatory statement to amendment 1.

Amendment 11, page 10, line 11, leave out from “by” to “a” in line 14.

See the explanatory statement to amendment 1.

Amendment 12, page 10, line 19, leave out from first “an” to end of line.

See the explanatory statement to amendment 1.

Amendment 13, page 10, line 22, leave out “devolved authority” and insert “Northern Ireland department”.

See the explanatory statement to amendment 1.

Amendment 14, page 10, line 23, leave out “another person” and insert “a Northern Ireland devolved authority”.

See the explanatory statement to amendment 1.

Amendment 15, page 10, line 27, leave out sub-paragraph (1).

See the explanatory statement to amendment 1.

Amendment 16, page 10, line 46, leave out “(1) or”.

See the explanatory statement to amendment 1.

Amendment 17, page 11, line 1, leave out from first “an” to second “Act”.

See the explanatory statement to amendment 1.

Amendment 18, page 11, line 5, leave out from “by” to “a” in line 8.

See the explanatory statement to amendment 1.

Amendment 19, page 11, line 11, leave out sub-paragraph (1).

See the explanatory statement to amendment 1.

Amendment 20, page 11, line 25, leave out “(1) or”.

See the explanatory statement to amendment 1.

Amendment 21, page 11, line 26, leave out from “an” to “Act” in line 27.

See the explanatory statement to amendment 1.

Amendment 22, page 11, line 30, leave out “(1) or”.

See the explanatory statement to amendment 1.

Amendment 23, page 11, line 32, leave out from “by” to “a” in line 35.

See the explanatory statement to amendment 1.

Amendment 24, page 12, line 4, leave out

“Section 57(2) of the Scotland Act 1998 and”.

See the explanatory statement to amendment 1.

Amendment 25, page 12, line 5, leave out

“, so far as relating to EU law, do”

and insert “does”.—(Kevin Foster.)

See the explanatory statement to amendment 1.