Schedule 5: Regulation made under this Act Implementation power: on or after IP completion day
Paragraph 6 provides the procedures to be followed where regulations are being made by a Minister of the Crown or a DA acting alone after IP completion day. Where any of the conditions in sub-paragraph (2) are met, then the draft affirmative procedure must be followed (or in the case of regulations made by a DA, the equivalent procedure in the devolved legislature). There is however an exception to this in the urgency procedures in paragraphs 14 to 17 which are described below and can, in suitable circumstances, be used instead of following the draft affirmative procedure.
	The conditions set out in sub-paragraph (2) cover any regulations made under this power that either amend, repeal or revoke primary legislation, or do the same to retained direct principal EU legislation, or create a power to legislate. The concept of retained direct principal EU legislation comes from section 7(6) of the European Union (Withdrawal Act) 2018 and essentially covers EU regulations that are not EU tertiary legislation and that will be brought into UK law at the end of the IP.
	Any regulations not falling within the conditions set out in sub-paragraph (2), may (instead of the affirmative procedure) follow the negative procedure or, where applicable, the devolved equivalent. Some negative instruments planned to be made under the implementation power will however be subject to the sifting procedures described below in paragraphs 8 and 9 that apply in Parliament and Senedd Cymru respectively.
	Paragraph 7 covers any regulations made on or after the end of the transition period, under the implementation power, by a minister acting jointly with a devolved authority. The conditions in paragraph 6(2) described above also apply to determine whether instruments made jointly with a DA should follow the draft affirmative procedure (and the equivalent procedure in the devolved legislature) or the negative procedure (and the devolved legislature’s equivalent procedure should be followed instead).