to implement the government procurement Chapters of the
UK-Australia and UK-New Zealand FTAs (“the procurement
Chapters”), or
A
bill
to
Enable the implementation of, and the making of other provision in connection with, the government procurement Chapters of the United Kingdom’s free trade agreements with Australia and New Zealand.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
An appropriate authority may by regulations make such provision as the
authority considers appropriate—
to implement the government procurement Chapters of the
UK-Australia and UK-New Zealand FTAs (“the procurement
Chapters”), or
otherwise for the purposes of dealing with matters arising out of, or
related to, those Chapters.
Regulations under
subsection (1)
(b)
may (among other things) make provision
in relation to cases falling outside the scope of a procurement Chapter so as
to secure that provision made under
this section
is of general application.
For the purposes of
subsection (2)
, a case falls outside the scope of a
procurement Chapter if the Chapter does not impose an obligation on the
United Kingdom in respect of that case.
In
subsection (1)
(a)
, “government procurement Chapters of the UK-Australia
and UK-New Zealand FTAs” means—
Chapter 16 of the UK-Australia FTA (together with the United
Kingdom’s Schedule to Annex 16A to that agreement), and
Chapter 16 of the UK-New Zealand FTA (together with the United
Kingdom’s Schedule to Annex 16A to that agreement).
In this section —
“
UK-Australia FTA” means the free trade agreement between the United
Kingdom and Australia signed at London on 16 December 2021 and
at Adelaide on 17 December 2021 (as that agreement is modified from
time to time in accordance with any provision of it);
“
UK-New Zealand FTA” means the free trade agreement between the
United Kingdom and New Zealand signed at London on 28 February
2022 (as that agreement is modified from time to time in accordance
with any provision of it).
Regulations under section 1 may—
make different provision for different purposes or areas;
make provision generally or only in relation to specified cases;
make incidental, supplementary or consequential provision;
make transitional, transitory or saving provision.
Schedule 1 contains—
restrictions on the exercise of the power in
section 1
by devolved
authorities, and
exclusions from restrictions on the legislative competence of Senedd
Cymru.
Schedule 2
contains provision about the making of regulations under
section
1
.
In this Act—
“
appropriate authority” means—
a Minister of the Crown, or
a devolved authority;
“
devolved authority” means—
the Scottish Ministers,
the Welsh Ministers, or
a Northern Ireland department;
“
Minister of the Crown” has the same meaning as in the Ministers of
the Crown Act 1975;
“
modify” includes amend or rectify (and related expressions are to be
read accordingly);
“
subordinate legislation” means any Order in Council, order, rules,
regulations, scheme, warrant, byelaw or other instrument made
under—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
This Act extends to England and Wales, Scotland and Northern Ireland.
This Act comes into force on the day on which it is passed.
This Act may be cited as the Trade (Australia and New Zealand) Act 2023.
No provision may be made by a devolved authority acting alone in
regulations under
section 1
unless the provision is within the devolved
competence of the devolved authority.
The consent of a Minister of the Crown is required before any provision
is made by the Welsh Ministers acting alone in regulations under
section
1
so far as that provision, if contained in an Act of Senedd Cymru, would
require the consent of a Minister of the Crown.
The consent of the Secretary of State is required before any provision is
made by a Northern Ireland department acting alone in regulations under
section 1
so far as that provision, if contained in an Act of the Northern
Ireland Assembly, would require the consent of the Secretary of State.
the provision could be contained in subordinate legislation made
otherwise than under
section 1
by the Welsh Ministers acting alone
or (as the case may be) a Northern Ireland devolved authority acting
alone, and
no such consent would be required in that case.
The consent of a Minister of the Crown is required before any provision
is made by a devolved authority acting alone in regulations under
section
1
so far as that provision, if contained in—
subordinate legislation made otherwise than under
section 1
by the
devolved authority, or
subordinate legislation not falling within
paragraph (a)
and made
otherwise than under
section 1
by (in the case of Scotland) the First
Minister or Lord Advocate acting alone or (in the case of Northern
Ireland) a Northern Ireland devolved authority acting alone,
would require the consent of a Minister of the Crown.
Sub-paragraph (4) does not apply if—
the provision could be contained in—
an Act of the Scottish Parliament, an Act of Senedd Cymru
or (as the case may be) an Act of the Northern Ireland
Assembly, or
the consent of a Minister of the Crown would not be required in
that case.
No regulations may be made under
section 1
by the Scottish Ministers, so
far as they contain provision which relates to a matter in respect of which
a power to make subordinate legislation otherwise than under
section 1
is
exercisable by—
the Scottish Ministers acting jointly with a Minister of the Crown,
or
the First Minister or Lord Advocate acting jointly with a Minister
of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of
the Crown.
No regulations may be made under
section 1
by the Welsh Ministers, so
far as they contain provision which relates to a matter in respect of which
a power to make subordinate legislation otherwise than under
section 1
is
exercisable by the Welsh Ministers acting jointly with a Minister of the
Crown, unless the regulations are, to that extent, made jointly with the
Minister of the Crown.
No regulations may be made under
section 1
by a Northern Ireland
department, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under
section 1
is exercisable by—
a Northern Ireland department acting jointly with a Minister of the
Crown, or
another Northern Ireland devolved authority acting jointly with a
Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of
the Crown.
an Act of the Scottish Parliament, an Act of Senedd Cymru or (as
the case may be) an Act of the Northern Ireland Assembly without
the need for the consent of a Minister of the Crown, or
different subordinate legislation made otherwise than under
section
1
by—
the Scottish Ministers, the First Minister or the Lord Advocate
acting alone,
the Welsh Ministers acting alone, or
(as the case may be), a Northern Ireland devolved authority
acting alone.
No regulations may be made under
section 1
by the Welsh Ministers acting
alone, so far as they contain provision which, if contained in an Act of
Senedd Cymru, would require consultation with a Minister of the Crown,
unless the regulations are, to that extent, made after consulting with the
Minister of the Crown.
No regulations may be made under
section 1
by the Scottish Ministers
acting alone, so far as they contain provision which relates to a matter in
respect of which a power to make subordinate legislation otherwise than
under
section 1
is exercisable by the Scottish Ministers, the First Minister
or the Lord Advocate after consulting with a Minister of the Crown, unless
the regulations are, to that extent, made after consulting with the Minister
of the Crown.
No regulations may be made under
section 1
by the Welsh Ministers acting
alone, so far as they contain provision which relates to a matter in respect
of which a power to make subordinate legislation otherwise than under
section 1
is exercisable by the Welsh Ministers after consulting with a
Minister of the Crown, unless the regulations are, to that extent, made after
consulting with the Minister of the Crown.
No regulations may be made under
section 1
by a Northern Ireland
department acting alone, so far as they contain provision which relates to
a matter in respect of which a power to make subordinate legislation
otherwise than under
section 1
is exercisable by a Northern Ireland devolved
authority after consulting with a Minister of the Crown, unless the
regulations are, to that extent, made after consulting with the Minister of
the Crown.
the provision could be contained in an Act of the Scottish Parliament,
an Act of Senedd Cymru or (as the case may be) an Act of the
Northern Ireland Assembly, and
there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that
case.
the provision could be contained in different subordinate legislation
made otherwise than under
section 1
by—
the Scottish Ministers, the First Minister or the Lord Advocate
acting alone,
the Welsh Ministers acting alone, or
(as the case may be), a Northern Ireland devolved authority
acting alone, and
there would be no requirement for the consent of a Minister of the
Crown, or for consultation with a Minister of the Crown, in that
case.
A provision is within the devolved competence of the Scottish Ministers
if—
it would be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament, or
it is provision which could be made in other subordinate legislation
by the Scottish Ministers, the First Minister or the Lord Advocate
acting alone.
A provision is within the devolved competence of the Welsh Ministers if—
it would be within the legislative competence of Senedd Cymru if
it were contained in an Act of the Senedd (including any provision
that could be made only with the consent of a Minister of the
Crown), or
it is provision which could be made in other subordinate legislation
by the Welsh Ministers acting alone.
A provision is within the devolved competence of a Northern Ireland
department if—
the provision, if it were contained in an Act of the Northern Ireland
Assembly—
would be within the legislative competence of the Assembly,
and
would not require the consent of the Secretary of State,
the provision—
amends or repeals Northern Ireland legislation, and
would, if it were contained in an Act of the Northern Ireland
Assembly, be within the legislative competence of the
Assembly and require the consent of the Secretary of State,
or
the provision is provision which could be made in other subordinate
legislation by any Northern Ireland devolved authority acting alone.
In
this Part
, a “Northern Ireland devolved authority” means the First
Minister and deputy First Minister in Northern Ireland acting jointly, a
Northern Ireland Minister or a Northern Ireland department.
Schedule 7B to the Government of Wales Act 2006 (general restrictions on
legislative competence of Senedd Cymru) is amended as follows.
In paragraph 9(9) (no requirement for consent to Senedd Cymru removing
certain consent or consultation requirements)—
omit the “or” at the end of paragraph (b), and
(d)the Trade (Australia and New Zealand) Act 2023.”
In paragraph 11(6)(b) (no requirement for consent to Senedd Cymru
removing Minister of the Crown functions exercisable concurrently)—
omit the “or” at the end of paragraph (vii), and
(ix)the Trade (Australia and New Zealand) Act
2023.”
The power to make regulations under section 1 —
so far as exercisable by a Minister of the Crown acting alone or by
a Minister of the Crown acting jointly with a devolved authority,
is exercisable by statutory instrument,
so far as exercisable by the Welsh Ministers acting alone, is
exercisable by statutory instrument, and
so far as exercisable by a Northern Ireland department acting alone,
is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and
not by statutory instrument).
For regulations made under
section 1
by the Scottish Ministers acting alone,
see section 27 of the Interpretation and Legislative Reform (Scotland) Act
2010 (asp 10) (Scottish statutory instruments).
A statutory instrument containing regulations of a Minister of the Crown
acting alone under
section 1
is subject to annulment in pursuance of a
resolution of either House of Parliament.
Regulations of the Scottish Ministers acting alone under
section 1
are subject
to the negative procedure (see section 28 of the Interpretation and
Legislative Reform (Scotland) Act 2010).
A statutory instrument containing regulations of the Welsh Ministers acting
alone under
section 1
is subject to annulment in pursuance of a resolution
of Senedd Cymru.
Regulations of a Northern Ireland department acting alone under
section
1
are subject to negative resolution within the meaning of section 41(6) of
the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if they were
a statutory instrument within the meaning of that Act.
This paragraph
applies to regulations of a Minister of the Crown acting
jointly with a devolved authority under
section 1
.
The procedure provided for by
sub-paragraph (3)
applies in relation to
regulations to which
this paragraph
applies as well as any other procedure
provided for by
this paragraph
which is applicable in relation to the
regulations concerned.
A statutory instrument containing regulations to which
this paragraph
applies is subject to annulment in pursuance of a resolution of either House
of Parliament.
Regulations to which
this paragraph
applies which are made jointly with
the Scottish Ministers are subject to the negative procedure.
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to
regulations to which
sub-paragraph (4)
applies as they apply in relation to
devolved subordinate legislation (within the meaning of Part 2 of that Act)
which is subject to the negative procedure (but as if references to a Scottish
statutory instrument were references to a statutory instrument).
Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010
(laying) applies in relation to the laying before the Scottish Parliament of
a statutory instrument containing regulations to which
sub-paragraph (4)
applies as it applies in relation to the laying before that Parliament of a
Scottish statutory instrument (within the meaning of Part 2 of that Act).
A statutory instrument containing regulations to which
this paragraph
applies which are made jointly with the Welsh Ministers is subject to
annulment in pursuance of a resolution of Senedd Cymru.
Regulations to which
this paragraph
applies which are made jointly with
a Northern Ireland department are subject to negative resolution within
the meaning of section 41(6) of the Interpretation Act (Northern Ireland)
1954 as if they were a statutory instrument within the meaning of that Act.
If in accordance with this paragraph —
either House of Parliament resolves that an address be presented
to His Majesty praying that an instrument be annulled, or
a relevant devolved legislature resolves that an instrument be
annulled,
nothing further is to be done under the instrument after the date of the
resolution and His Majesty may by Order in Council revoke the instrument.
In sub-paragraph (9) , “relevant devolved legislature” means—
in the case of regulations made jointly with the Scottish Ministers,
the Scottish Parliament,
in the case of regulations made jointly with the Welsh Ministers,
Senedd Cymru, and
in the case of regulations made jointly with a Northern Ireland
department, the Northern Ireland Assembly.
Sub-paragraph (9)
does not affect the validity of anything previously done
under the instrument or prevent the making of a new instrument.
Sub-paragraphs (9)
to
(11)
apply in place of provision made by any other
enactment about the effect of such a resolution.
In
this paragraph
, “enactment” includes an enactment contained in, or in
an instrument made under—
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
The power to make regulations under section 1 in relation to—
the government procurement Chapters of the UK-Australia and
UK-New Zealand FTAs, or
any modification of either Chapter which requires ratification,
is capable of being exercised before the agreement or (as the case may be)
modification concerned is ratified.
A
bill
to
Enable the implementation of, and the making of other provision in connection with, the government procurement Chapters of the United Kingdom’s free trade agreements with Australia and New Zealand.
Brought from the Commons on
Ordered to be Printed, .
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