Implementation of international agreements Section 2: Implementation of other agreements on private international law
Section 2(1) gives an "appropriate national authority" (as defined in subsection (12)) the power to make regulations (secondary legislation) to implement international agreements on PIL. The power can also be used to amend existing domestic provisions implementing a PIL agreement if any changes to its implementation are required.
	Section 2(2) provides that regulations may also be made to implement an international agreement on PIL for application between England & Wales, Scotland and Northern Ireland, so the same rules can be applied in cases raising cross-border issues between the three different legal jurisdictions in the UK, even if that is not a requirement of the international agreement itself.
	Section 2(3) provides that regulations may be made to give effect in UK domestic law to any arrangements for applying a relevant international agreement on PIL (with or without modifications), entered into by the Government and the Crown Dependencies and Overseas Territories. The term "relevant territory" is defined in section 2(12).
	Section 2(4) is a sunset provision which provides that regulations to implement an international agreement on PIL, made under subsections (1) to (3), may only be made during the operative period.
	Section 2(5) sets out that the operative period is the period of five years beginning with the day on which this Act is passed.
	Section 2(6) sets out that the appropriate national authority in relation to a part of the United Kingdom may by regulations extend the operative period for that part of the United Kingdom by a period of five years. Section 2(7) provides that the power under subsection (6) may be exercised more than once. However, Section 2(8) provides that the operative period may not be extended for any part of the United Kingdom after it has expired in relation to that part of the United Kingdom.
	Sections 2(9) and (10) make further provision about the sorts of provisions regulations made under section 2 may include. In particular, section 2(10) makes clear that regulations may implement obligations in a PIL agreement which relate to the provision of legal aid or provisions which concern the sharing of information between courts or competent authorities dealing with cross border disputes. Section 2(10) also makes clear that regulations may include enforcement provisions, but these will be subject to the restrictions in paragraph 1 of Schedule 6.
	Section 2(11) introduces Schedule 6.
	Section 2(12) provides definitions of various terms used in section 2.
	The effect of the definition of "appropriate national authority" is that the powers in section 2 could be exercised by a Secretary of State in relation to England and Wales, the Scottish Ministers in relation to Scotland, and a Northern Ireland department in relation to Northern Ireland. The Secretary of State may also make regulations in relation to Scotland and Northern Ireland but only with the consent of the relevant devolved administrations.
	The definition of "international agreement" covers a convention, treaty or agreement to which the UK has already become a contracting party or to which it intends to become a contracting party (for example, it may have signed but not ratified the agreement). This ensures that it will be possible to exercise the power in section 2(1) to make implementing regulations before an agreement is ratified. It is normal practice to ensure that domestic implementing legislation is in place before the UK formally becomes bound by an international obligation, so that it is able to comply with it immediately.
	The definition of "private international law" provides examples of the sorts of issues typically covered by international agreements in this field of law. The definition means that the power could be used, for example, to implement the 2007 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, the 2019 Singapore Agreement on Enforcement of Mediated Settlement Agreements, and the 2019 Hague Convention on Recognition and Enforcement of Judgments in Civil and Commercial Matters, should the Government decide to join these in future.
	Section 2(13) provides for the implementation of model laws relating to PIL adopted by an international organisation of which the UK is a member. It provides that the regulation making power in section 2(1) may be used to "give effect to" – rather than "implement" – a model law, because the text of a model law is not binding in the way that an international agreement is, and states may adapt a model law when giving effect to it.
	As stated above Section 2(11) introduces Schedule 6 which sets out restrictions on the use of the power in section 2 and the legislative procedure to be followed when making regulations under section 2.
	Paragraph 1(1)(a) of Schedule 6 provides that regulations made under section 2 may not themselves confer a new power to legislate, other than a power to make procedural rules for courts or tribunals, but can modify or extend an existing power. Paragraph 1(1)(b) prevents regulations being made under the power which create an offence which is punishable by imprisonment.
	Paragraph 2 establishes a consultation requirement for the Secretary of State, namely that before the Secretary of State makes regulations under section 2 the Secretary of State must consult such persons as the Secretary of State thinks appropriate. The consultation requirement applies both to the power to implement PIL agreements and the power in section 2(6) to extend the operative period during which the implementing power may be exercised. The consultation obligation only applies to the Secretary of State and does not bind Ministers in the Devolved Administrations when making regulations which are subject to the procedural requirements applicable in relation to the Scottish Parliament or Northern Ireland Assembly.
	Paragraphs 3 to 7 deal with the procedure and Parliamentary scrutiny for making regulations under section 2. Paragraph 3 provides that the power to make regulations is exercisable by statutory instrument, or in relation to Northern Ireland, by statutory rules. For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010. Paragraph 4 deals with the procedure for regulations made by the Secretary of State. Paragraph 5 deals with the procedure for regulations made by the Scottish Ministers. Paragraph 6 deals with the procedure for statutory rules made by a Northern Ireland department. In each case, the affirmative procedure will be triggered if the regulations:
	are implementing a new international agreement on PIL for the first time in domestic law, or a new arrangement entered into between different jurisdictions in the UK, or between the UK and an Overseas Territory or Crown Dependency to apply an arrangement based on an international agreement (suitably modified) between them;
	create, extend or increase the penalty for a criminal offence; or
	amend primary legislation (defined by paragraph 6 to include an Act of the Scottish Parliament, and Act or Measure of the Welsh Assembly or any Northern Ireland legislation).
	extend the operative period for that part of the United Kingdom by a period of five years.
	It is anticipated that most regulations made under the power will trigger the affirmative procedure because they will be implementing new agreements which the UK has decided to join. However, it is possible that regulations may need to be made subsequently to make adjustments to technical or procedural aspects of the approach to implementation originally adopted when an agreement was first implemented. For example, an update to forms to be used, or as indicated above, to schedule the text of the declarations and reservation which will be made when the UK joins the 2005 and 2007 Hague Conventions as a contracting party in its own right after the end of the transition period. However, in the latter case it is also likely that the affirmative procedure will anyway be triggered because primary legislation is being amended.
	International agreements on PIL rarely contain provisions about criminal offences, but it may be necessary when implementing some agreements, for example in the field of family law, to create enforcement provisions involving criminal offences. This is likely to be the case where there is already an equivalent domestic enforcement provision involving criminal offences. For example, breaches of "protection measures" such as non-molestation orders in England and Wales under Part 4 of the Family Law Act 1996 or injunctions under section 3 of the Protection from Harassment Act 1997, may be punishable as criminal offences. Paragraph 1 of Schedule 6 restricts national authorities from making regulations which create criminal offences imposing sentences of imprisonment.