European Union (Withdrawal) Act 2018

DevolutionU.K.

10 [F1Protection for] North-South co-operation and F2... prevention of new border arrangementsU.K.

(1)In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

(a)act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b)have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2)Nothing in section 8 F3... or 23(1) or (6) of this Act authorises regulations which—

(a)diminish any form of North-South cooperation provided for by the Belfast Agreement F4..., or

(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.

[F5(3)A Minister of the Crown may not agree to the making of a recommendation by the Joint Committee under Article 11(2) of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (recommendations as to North-South cooperation) to—

(a)alter the arrangements for North-South co-operation as provided for by the Belfast Agreement,

(b)establish a new implementation body, or

(c)alter the functions of an existing implementation body.

(4)In this section—

  • “the Belfast Agreement” has the meaning given by section 98 of the Northern Ireland Act 1998;

  • “implementation body” has the meaning given by section 55(3) of that Act.]

Textual Amendments

11Powers involving devolved authorities corresponding to sections 8 [F6to 8C] U.K.

Schedule 2 (which confers powers to make regulations involving devolved authorities which correspond to the powers conferred by sections 8 [F7to 8C]) has effect.

Textual Amendments

12Retaining EU restrictions in devolution legislation etc.U.K.

F8(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Part 1 of Schedule 3 (which makes corresponding provision in relation to executive competence to that made by subsections (1) to (6) in relation to legislative competence) has effect.

F9(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)A Minister of the Crown may by regulations—

(a)repeal any of the following provisions—

(i)section 30A or 57(4) to (15) of the Scotland Act 1998,

(ii)section 80(8) to (8L) or 109A of the Government of Wales Act 2006, or

(iii)section 6A or 24(3) to (15) of the Northern Ireland Act 1998, or

(b)modify any enactment in consequence of any such repeal.

F10(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)Part 3 of Schedule 3 (which contains amendments of devolution legislation not dealt with elsewhere) has effect.

F12(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 12(2)(4)(6)(7)(8)(12) in force for specified purposes at Royal Assent, see s. 25(1)(b)(2)(3)

I2S. 12(9)-(11)(13) in force at 4.7.2018 by S.I. 2018/808, reg. 3(c)

I3S. 12(1)(3)(5) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(g) (with reg. 10)

I4S. 12(2)(4)(6)(7)(8)(12) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(g) (with reg. 10)