Approach to the European Union (Future Relationship) Act 2020 General Implementation Powers relating to the functioning of the agreements
This section contains a power to make regulations to implement or reflect actions taken at the international level by the UK or the EU in connection with specific governance provisions in the TCA or other relevant agreements. Those provisions of the Agreements enable the parties, in certain specific contexts, to take unilateral or reciprocal actions, that change the balance of rights and obligations in the agreements; changes that would need to be reflected in UK domestic law through this provision.
	Changes in the balance of rights and obligations are linked to provisions in the Agreements that allow parties to suspend, cease cooperation under or terminate, in whole or in part, these Agreements. These are, generally, standard provisions for international agreements, and follow prescribed processes aimed at resolving any dispute by mutual agreement, rather than resorting to suspension or termination.
	These suspension, cessation of cooperation and termination provisions in the TCA can be engaged: i) as part of the dispute settlement process (which can lead to other temporary remedies but not termination); ii) unilaterally, in certain direct or indirect circumstances set out in the agreement, notably for example INST 36, LAW.GEN.5 and LAW.PRUM.19; or iii) under INST.35 following a serious breach of the ‘essential elements’ noted in COMPROV 12 of the agreement.
	The power also allows for the implementation of a resumption of cooperation following suspension. The agreement additionally provides for mutually agreeable solutions to disputes to be agreed between the parties, which might also affect the agreement and need to be implemented domestically - this power would enable that.
	The TCA provides that a party can take unilateral safeguard measures under INST.36 in the event of serious societal, economic or environmental difficulties; where this results in an imbalance between the rights and obligations under the agreement, the agreement also contains provision for the other party to take rebalancing measures in response. There are also other targeted remedial, interim and/or rebalancing measures that feature in the Agreements and can be taken in specific circumstances and areas of cooperation.
	In order to implement any such changes to the balance of rights and obligations in the Agreements made by the UK, Ministers may need to make regulations under this section to reflect such changes in domestic law. This is to ensure a functioning statute book that reflects UK decisions taken at an international level, and maintains legal certainty for businesses and citizens.
	The Act will, therefore, include provisions to enable the Government to amend primary and secondary legislation, including the Act itself, as a consequence of decisions made by HMG at an international level, as described above.