Commentary on provisions of Act Section 33: Powers relating to the functioning of the agreements
Subsection (1) provides Ministers, the devolved authorities or Ministers acting jointly with the devolved authorities with the power to make regulations which they consider appropriate for the purposes of implementing a decision to suspend, terminate, or resume, in whole or in part, the Agreements covered by the section. This power is to be used in accordance with the relevant provisions in the TCA; there are specific cases in which the Agreements, or parts thereof, can be suspended or terminated, such as a breach of the ‘essential elements’ Articles.
	Subsection (2) provides the same relevant authorities with an equivalent power to make regulations which they consider appropriate to implement any remedial measures taken under the Agreements. By way of example, this includes Article INST.36 of the TCA, allowing either party to take exceptional, short-term measures to protect certain interests in the event of serious economic, societal or environmental difficulties.
	Subsection (3) provides Ministers with the power to make regulations that they consider appropriate to implement any resolution to a dispute that has been agreed by both the UK and EU, under the relevant Agreements. This power can also be used in relation to any other decision of the United Kingdom associated with any such dispute resolution except for a decision to suspend, resume, terminate or take safeguard or rebalancing measures. For the avoidance of doubt, safeguard and rebalancing measures can be separate from dispute resolution procedures (although the correct application of such measures is subject to the dispute resolution procedure in the TCA).
	Subsection (4) provides that the power can do anything that an Act of Parliament can do, including modifying this Act.
	Subsection (5), provides constraints on this power. It cannot make retrospective provision, create a relevant criminal offence, confer a power to legislate, implement a ruling of an arbitration tribunal under the Agreements, amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or amend or repeal key devolution legislation (with limited exceptions).
	Subsection (6) provides that the limit on conferring a power to legislate does not prevent the modification or extension of such a power. In the case of extension, this would be limited to instances where it is being extended for a reason that is similar to the power’s original intent.
	Subsection (7) refers to Part 2 of Schedule 5, which sets out restrictions relating to any devolved exercise of this power.
	Subsection (8) clarifies that suspension, resumption or termination includes any measures taken by the parties under the Agreements that result in the equivalent effect but that may be referred to differently in the text. For example, if a provision in the agreement was to "cease to apply" or there is a "cessation of cooperation" leading to the same practical effect as suspension or termination.
	Subsection (9) defines "rebalancing measures" with reference to such measures as the Parties are permitted to take under Article INST.36 of the TCA, as well as any other safeguard, remedial, rebalancing, temporary or interim measures taken under the Agreements. This excludes any actions taken in connection with suspension, termination, or resumption of parts of all of the Agreements, which is covered by subsection (1).