Clause 45 - Further provision related to sections 42 and 43 etc 45

United Kingdom Internal Market Bill – in the House of Commons at 6:00 pm on 29 September 2020.

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Amendments made: 12, page 37, line 23, after “law” insert—

‘(and section 6(1) of the Human Rights Act 1998 does not apply in relation to the making of regulations under section 42(1) or 43(1))”

See the explanatory statement for Amendment 13.

Amendment 13, page 37, line 40, at end insert—

‘(2A) Regulations under section 42(1) or 43(1) are to be treated for the purposes of the Human Rights Act 1998 as if they were within the definition of “primary legislation” in section 21(1) of that Act.”

This amendment, and amendments 12 and 14, would provide that regulations under section 42(1) or 43(1) are to be treated as primary legislation for the purposes of the Human Rights Act 1998.

Amendment 15, page 37, line 40, at end insert—

‘(2B) No court or tribunal may entertain any proceedings for questioning the validity or lawfulness of regulations under section 42(1) or 43(1) other than proceedings on a relevant claim or application.”

This amendment would provide that no court or tribunal may entertain proceedings for questioning the validity or lawfulness of regulations under section 42(1) or 43(1) apart from proceedings on a claim or application for judicial review.

Amendment 14, page 38, line 31, at end insert—

‘but does not include the Convention rights within the meaning of the Human Rights Act 1988 (see section 1(1) of that Act);”—(Alok Sharma.)

See the explanatory statement for Amendment 13.