Part 1: Measures relating to ending free movement Section 5: Consequential etc provision
Section 5 allows the Secretary of State to make such regulations as he or she considers appropriate as a consequence of, or in connection with, Part 1 of the Act. Subsection (2) provides that such regulations may modify primary or secondary legislation, as well as direct EU legislation which is retained by the EUWA 2018 at the end of the transition period. Subsection (3) provides such regulations may make supplementary, incidental, transitional, transitory and saving provision and make different provision for different purposes.
	Subsection (4) states regulations made under this section may include provision in respect of persons who were not entitled to be in the UK under the EEA Regulations or under enforceable rights. For example, the provision could be used to make savings in relation to EEA citizens who are in the UK by the end of the transition period and who are treated for most purposes as though they were exercising Treaty rights, although they are not actually doing so. An example of such a person would be the EEA citizen spouse of a British citizen who does not have comprehensive sickness insurance and who is not otherwise exercising Treaty rights, such as the right to work, and who is therefore not technically exercising EU free movement rights. They can apply for leave under the EUSS and this provision ensures they can be treated under these regulations in the same way as other groups covered by the EUSS.
	Subsection (5) provides that regulations made under this section can amend legislation relating to fees and charges which are connected with the wider repeal of free movement law, for example removing reference to fees for EU residence documents.
	Subsections (6) to (9) set out the Parliamentary scrutiny for regulations made under section 5. Subsections (6) and (7) state any regulations made under section 5 which amend existing primary legislation will be subject to the affirmative procedure, which means they must be approved by both Houses of Parliament. In the case of the first set of regulations made under section 5, subsection (6) provides they will be subject to the made-affirmative procedure, which means they can be made and come into effect immediately, but must then be approved by both Houses within 40 days (excluding periods of dissolution and prorogation and adjournments of more than 4 days) to remain in force. Subsection (8) states any other regulations will be subject to the negative procedure. Subsection (9) specifies circumstances which will not count towards the scrutiny period set out in subsection (6) for the first regulations made under section 5.
	Subsection (10) states that if the first set of regulations made under section 5 cease to apply because they are not approved by both Houses of Parliament within 40 days, where this is required, this will not affect anything which has already been done under those regulations or prevent further regulations from being made.