SCHEDULE 1Repeals and Transitional Provisions
PART 1Repeals
PART 2Transitional Provisions
Disapplication of section 20 of the Constitutional Reform and Governance Act 2010 to treaties already approved1
Where, before the commencement date, a treaty has been approved in accordance with the requirements of either—
a
section 5 of the European Union (Amendment) Act 20085, or
b
Part 1 of the European Union Act 20116,
then that treaty will continue to be exempt from the requirements in section 20 of the Constitutional Reform and Governance Act 2010 (treaties to be laid before Parliament before ratification) notwithstanding the repeal of section 23(1) of that Act.
Approvals under the European Union Act 20112
The repeals of sections 1 and 2 of the European Union (Croatian Accession and Irish Protocol) Act 2013 and the European Union (Approvals) Act 2017, which approved matters in accordance with the requirements of the European Union Act 2011, have no effect on the validity of anything done, or omitted to be done, in relation to the matters approved.
SCHEDULE 2Consequential Amendments
The Statutory Instruments Act 19461
After section 11A of the Statutory Instruments Act 19467 (application in relation to Wales) insert—
11BApplication in relation to retained direct EU legislation etc
1
For the purposes of this Act, if any retained direct EU legislation confers a power, which is expressed to be exercisable by Order in Council or statutory instrument, to make, confirm or approve any orders, rules, regulations or other subordinate legislation, this Act applies in relation to any document by which that power is exercised as if the retained direct EU legislation were an Act passed after the commencement of this Act.
2
For the purposes of this Act, if regulations under the European Union (Withdrawal) Act 2018 confer a power, which is expressed to be exercisable by Order in Council or statutory instrument, to make, confirm or approve any orders, rules, regulations or other subordinate legislation, this Act applies in relation to any document by which that power is exercised as if the regulations conferring the power were an Act passed after the commencement of this Act
The Laying of Documents before Parliament (Interpretation) Act 19482
In the Laying of Documents before Parliament (Interpretation) Act 19488 in section 1(1) (meaning of references to laying before Parliament)—
a
after “any Act of Parliament” insert “, retained direct EU legislation”, and
b
after “any such Act” insert “, retained direct EU legislation”.
The Statutory Rules (Northern Ireland) Order 19793
In Article 4(a) of the Statutory Rules (Northern Ireland) Order 19799 (meaning of “statutory rules”), after sub-paragraph (iv) insert—
v
any retained direct EU legislation (within the meaning of the European Union (Withdrawal) Act 2018), if the power is expressed to be exercisable by statutory rule for the purposes of this Order;
vi
any regulations made under the European Union (Withdrawal) Act 2018, if the power is expressed to be exercisable by statutory rule for the purposes of this Order;