NOTE This document includes all amendments tabled to
date and includes any ...Request free trial
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This document includes all amendments tabled to
date and includes any
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withdrawn amendments at the end. The amendments
have been arranged in
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accordance with the Order of the House [11
September 2017].
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The arrangement shown below is
provisional and is subject to change.
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
1, CLAUSE 1
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Clause 1, page 1, line 3, at
beginning insert “Subject to ratification by both
Houses
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of Parliament of a new Treaty between the
European Union and the United Kingdom,”
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Member’s explanatory
statement
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This amendment would ensure that the United
Kingdom does not repeal the European
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Communities Act 1972 and exit the European Union
unless and until a new Treaty establishing a
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future relationship between the UK and EU has
been agreed and ratified by Parliament.
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Clause 1, page 1, line 3, after
“1972”, insert “, except for section 5 of and
Schedule
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Member’s explanatory
statement
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This amendment would ensure that the existing
legal framework for customs duties and the
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Customs Union common external tariff framework
would continue to be in effect after exit day.
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Clause 1, page 1, line 3, at
end insert “, if the requirement in subsection
(2) is met.
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(2)
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The European Communities Act 1972 shall only be
repealed under subsection (1)
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if an agreement has been reached with the
European Council that failure by the
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Parliament of the United Kingdom to approve the
terms of exit for the UK will
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result in the maintenance of UK membership on
existing terms.”
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Clause 1, page 1, line 3, at
end insert—
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“(2)
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Regulations under section 19(2) bringing into
force subsection (1) may not be
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made until the Prime Minister is satisfied that
an agreement has been reached for
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the United Kingdom to remain a member of the EEA
and of the Customs Union.”
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Member’s explanatory
statement
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This amendment makes the repeal of the European
Communities Act 1972 on exit day conditional
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on the Prime Minister reaching an agreement for
the United Kingdom to remain a member of the
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Clause 1, page 1, line 3, at
end insert—
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“(2)
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Regulations under section 19(2) bringing into
force subsection (1) may not be
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made until the Prime Minister is satisfied that
resolutions have been passed by the
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Scottish Parliament, the National Assembly for
Wales and the Northern Ireland
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Assembly signifying consent to the commencement
of subsection (1).”
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Member’s explanatory
statement
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This amendment makes the repeal of the European
Communities Act 1972 on exit day conditional
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on the Prime Minister gaining consent from the
devolved legislatures.
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Clause 1, page 1, line 3, at
end insert—
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“(2)
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Regulations under section 19(2) bringing into
force subsection (1) may not be
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made until the Secretary of State lays a report
before—
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(b)
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the National Assembly for Wales
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outlining the effect of the United Kingdom’s
withdrawal from the EU on the
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National Assembly for Wales’s block grant.”
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Member’s explanatory
statement
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This amendment would require the UK Government to
lay a report before the National Assembly
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for Wales outlining the effect of the UK’s
withdrawal from the EU on Welsh finances, before
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exercising the power under section 1. This would
allow for scrutiny of the Leave Campaign’s
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promise to maintain current levels of EU funding
for Wales.
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
6, CLAUSE 6
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To move the following Clause—
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“Interpretation of retained EU law during
transitional period
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Within one month of Royal Assent of this Act the
Secretary of State shall lay a
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report before Parliament setting out how the
interpretation of retained EU law
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provisions in section 6 shall operate in the
event of a transitional period being
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agreed between the United Kingdom and the
European Union ahead of the
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implementation of a withdrawal agreement.”
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Member’s explanatory
statement
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This new clause would ensure that Ministers must
set out in detail how the provisions in clause 6
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would apply during a transitional period before
the United Kingdom fully implements a
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Clause 6, page 3, line 34, leave
out subsection (2) and insert—
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“(2)
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When interpreting retained EU law after exit day
a court or tribunal shall pay due
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regard to any relevant decision of the European
Court.”
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
2, CLAUSE 2, NEW CLAUSES
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AND NEW SCHEDULES RELATING TO CLAUSE 3, CLAUSE 3,
NEW CLAUSES AND NEW
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SCHEDULES RELATING TO CLAUSE 4, CLAUSE 4
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
2, CLAUSE 2
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To move the following Clause—
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“Provisions relating to the EU or the EEA in
respect of EU-derived domestic
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HM Government shall make arrangements to report
to both Houses of Parliament
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whenever circumstances arising in section 2(2)(d)
would otherwise have
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amended provisions or definitions in UK law had
the UK remained a member of
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the EU or EEA beyond exit day.”
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Member’s explanatory
statement
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This new clause would ensure that Parliament is
informed of changes in EU and EEA provisions
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that might have amended UK law if the UK had
remained a member of those institutions beyond
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Clause 2, page 1, line 19, at
end insert “or any enactment to which subsection
(2A)
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“(2A)
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This subsection applies to any enactment of the
United Kingdom Parliament
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(a)
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applies to Wales and does not relate to matters
specified in Schedule 7A
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to the Government of Wales Act 2006,
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(b)
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applies to Scotland and does not relate to
matters specified in Schedule 5
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to the Scotland Act 1998,
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(c)
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applies to Northern Ireland and does not relate
to matters specified in
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Schedules 2 or 3 to the Northern Ireland Act
1998.”
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Member’s explanatory
statement
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This amendment alters the definition of EU
retained law so as only to include reserved areas
of
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legislation. This will allow the National
Assembly for Wales and the other devolved
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administrations to legislate on areas of EU
derived law which fall under devolved competency
for
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NEW CLAUSES AND NEW SCHEDULES RELATING TO CLAUSE
4, CLAUSE 4
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To move the following Clause—
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“EU Protocol on animal sentience
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Obligations and rights contained within the EU
Protocol on animal sentience set
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out in Article 13 of Title II of the Lisbon
Treaty shall be recognised and available
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in domestic law on and after exit day, and shall
be enforced and followed
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Member’s explanatory
statement
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This new clause seeks to transfer the EU Protocol
on animal sentience set out in Article 13 of
Title
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II of the Lisbon Treaty into UK law, so that
animals continue to be recognised as sentient
beings
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Clause 4, page 2, line 45, leave
out sub-paragraph (b)
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Member’s explanatory
statement
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The test set out at Clause 4(1)(a), that such
rights are available in domestic law immediately
before
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exit day, is sufficient for those rights to
continue to be available following the UK’s exit
from the
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Clause 4, page 2, line 47, at
end insert—
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“(1A)
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Rights, powers, liabilities, obligations,
restrictions, remedies and procedures
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under subsection (1) shall include directly
effective rights contained in the
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following Articles of, and Protocols to, the
Treaty on the Functioning of the
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Non-discrimination on ground of
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Article 20 (except article 20(2)(c))
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Rights of movement and residence
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deriving from EU citizenship
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Establishes customs union,
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prohibition of customs duties,
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Prohibition on customs duties
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Prohibition on quantitative
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Prohibition on quantitative
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Exception to quantitative restrictions
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Prohibition on discrimination
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regarding the conditions under which
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Article 45(1), (2) and (3)
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Freedom to provide services
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Abuse of a dominant position
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Commission consideration of plans
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Non-discrimination in indirect taxes
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European Investment Bank (EIB)
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Article 308 (first and second sub-
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Combating fraud on the EU
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Disclosure of information and
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Protocol 5 - Articles 3, 4, 5, 7(1), 13,
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15, 18(4), 19(1) and (2), 20(2), 23(1)
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and (4), 26, 27 (second and third sub-
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Privileges and immunities of the EIB
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Clause 4, page 3, line 4, leave
out paragraph (b)
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Member’s explanatory
statement
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Clause 4(2)(b) excludes rights arising under EU
directives which are not recognised by the
courts.
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This Amendment would remove Clause 4(2)(b) so
that rights arising under EU directives (but not
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yet adjudicated on by the courts) are protected
and continue to be available in UK courts.
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