European Union (Withdrawal) Act 2018

Scotland Act 1998 U.K.

Yn ddilys o 31/12/2020

6 U.K. The Scotland Act 1998 is amended as follows.

Yn ddilys o 31/12/2020

7 U.K. In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

Yn ddilys o 31/12/2020

8 U.K. In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—

(a) omit “or the European Parliamentary Elections Act 2002”, and

(b) omit “, European Parliamentary elections”.

Yn ddilys o 31/12/2020

9 (1) Section 12A (power of the Secretary of State to make provision about elections) is amended as follows. U.K.

(2) In subsection (2)—

(a) after paragraph (a) insert “ and ”, and

(b) omit paragraph (c) and the “and” before it.

(3) In subsection (3), omit paragraph (b) and the “and” before it.

(4) In subsection (5)(a)—

(a) omit “or the European Parliamentary Elections Act 2002”, and

(b) omit “, European Parliamentary elections”.

Yn ddilys o 31/12/2020

10 U.K. In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

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11 U.K. Omit section 34 (ECJ references).

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12 (1) Section 36 (stages of Bills) is amended as follows. U.K.

(2) In subsection (4), omit paragraph (b) but not the “or” at the end of it.

(3) In subsection (5)(a), omit “, (b)”.

Yn ddilys o 31/12/2020

13 (1) Section 57 (EU law and Convention rights) is amended as follows. U.K.

(2) In the heading—

(a) omit “EU law and”, and

(b) after “rights” insert “ and retained EU law ”.

(3) Omit subsection (1).

Yn ddilys o 31/12/2020

14 (1) Section 80D (Scottish taxpayers) is amended as follows. U.K.

(2) In subsection (4)—

(a) insert “ or ” at the end of paragraph (a), and

(b) omit paragraph (b) and the “or” at the end of it.

(3) In subsection (4B), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Yn ddilys o 31/12/2020

15 U.K. In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Yn ddilys o 31/12/2020

16 (1) Section 82 (limits on salaries of members of the Parliament) is amended as follows. U.K.

(2) In subsection (1)—

(a) insert “ or ” at the end of paragraph (za), and

(b) omit paragraph (b) and the “or” before it.

(3) In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “ (1)(za) or (a) ”.

Yn ddilys o 31/12/2020

17 (1) Section 106 (power to adapt functions) is amended as follows. U.K.

(2) In subsection (5), for “an obligation under EU law” substitute “ a retained EU obligation ”.

(3) Omit subsection (7).

Yn ddilys o 31/12/2020

18 U.K. In section 119 (Consolidated Fund etc.), omit subsection (4).

Yn ddilys o 31/12/2020

19 (1) Section 126 (interpretation) is amended as follows. U.K.

(2) Omit subsection (9).

(3) In subsection (10), omit “EU law or”.

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20 U.K. In section 127 (index of defined expressions), omit the entry for EU law.

21 (1) Schedule 4 (enactments etc. protected from modification) is amended as follows. U.K.

(2) In paragraph 1(2)—

(a) omit paragraph (c), and

(b) after paragraph (f) insert “,

(g) the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act)”.

(3) Omit paragraph 13(1)(a).

Commencement Information

I1 Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

Yn ddilys o 31/12/2020

22 U.K. In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” substitute— “ The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law. ”

Yn ddilys o 31/12/2020

23 (1) Paragraph 1 of Schedule 6 (devolution issues) is amended as follows. U.K.

(2) In the first paragraph (d) for “with EU law” substitute “ in breach of the restriction in section 57(4) ”.

(3) In paragraph (e), omit “or with EU law”.

(4) In the second sentence for the words from “the compatibility” to the end substitute “ a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) ”.

24 (1) The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows. U.K.

(2) After the entry for section 30 insert—

“Section 30A

Type C”.

(3) After the entry for section 56(2) insert—

“Section 57(4)

Type C”.

Commencement Information

I2 Sch. 3 para. 24(2)(3) in force for specified purposes at Royal Assent, see s. 25(3)(d)(e)

25 U.K. After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—

“6 (1) This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—

(a) must make a statement explaining the effect of the instrument, and

(b) in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.

(3) A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(4) For the purposes of this paragraph, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.

(5) This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.”

Commencement Information

I3 Sch. 3 para. 25 in force for specified purposes at Royal Assent, see s. 25(3)(f)

Yn ddilys o 31/12/2020

26 U.K. In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.