ARTICLE · 29 AUGUST 2017

Great Repeal Bill: I've Got The Power

Bircham Dyson Bell LLP

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As previously discussed, the Bill authorises a minister of the Crown, by means of regulations, to modify not only secondary legislation (ie other regulations, orders and rules), but also primary legislation...

United KingdomGovernment, Public Sector

Mustafa Latif-Aramesh

This post looks at the delegated powers given to Northern Ireland, Scotland and Wales.

As previously discussed, the Bill authorises a minister of the Crown, by means of regulations, to modify not only secondary legislation (ie other regulations, orders and rules), but also primary legislation (ie Acts of Parliament). The use of such 'Henry VIII powers' is controversial in any Bill because an Act of Parliament can normally only be amended by another Act of Parliament.

Significantly, clause 10 of and Schedule 2 to the Bill also confers powers on devolved administrations to deal with deficiencies in retained EU law and power to implement the Withdrawal Agreement. There are two important respects in which these powers differ from the powers held by Westminster ministers.

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