European Union (Withdrawal) Act 2018

2018 c. 16

I145An Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Commencement Information
I145

Act in force at 30.1.2020 so far as is necessary for the operation of the applied provisions by 2020 c. 2, s. 2(11)(b)

Repeal of the ECA

I391Repeal of the European Communities Act 1972

The European Communities Act 1972 is repealed on exit day.

F141Savings for implementation period

Annotations:
Amendments (Textual)

1ASaving for ECA for implementation period

1

Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

2

The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).

3

The Act of 1972 has effect on and after exit day as if —

a

the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—

i

included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but

ii

were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,

b

the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

c

section 2(3) (payment of EU costs etc.) were omitted,

d

in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—

i

the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and

ii

the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,

e

references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

f

in Part 2 of Schedule 1 (general definitions in relation to the EU)—

i

in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

ii

in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.

4

In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.

5

Subsections (1) to (4) are repealed on IP completion day.

6

In this Act—

  • “the implementation period” means the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day;

  • “IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act);

  • “withdrawal agreement” has the same meaning as in that Act (see section 39(1) and (6) of that Act).

7

In this Act—

a

references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and

b

references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.

1BF120Saving for EU-derived domestic legislation for implementation period

1

Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

2

EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows.

3

Any enactment which continues to have effect by virtue of subsection (2) is to be read, on and after exit day and so far as the context permits or requires, as if—

a

any reference to an expression which is to be read in accordance with Schedule 1 to the Interpretation Act 1978 and is an expression defined by section 1 of, or Part 2 of Schedule 1 to, the European Communities Act 1972 were a reference to that expression as defined by that section or that Part of that Schedule as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

b

any reference (however expressed and subject to paragraph (a) above) to—

i

EU law,

ii

any particular EU Treaty or any part of it,

iii

any EU instrument, or other document of an EU entity or of the EU, or any part of any such instrument or document,

iv

any part of EU law not falling within sub-paragraph (ii) or (iii),

v

any tax, duty, levy or interests of the EU, or

vi

any arrangement involving, or otherwise relating to, the EU of a kind not falling within sub-paragraph (i), (ii), (iii), (iv) or (v),

were a reference to any such thing so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

c

any reference (however expressed and subject to paragraph (a) above) to the European Communities Act 1972 were or (as the case may be) included a reference to the Act of 1972 as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

d

any reference (however expressed) to the area of the EU or of the EEA included the United Kingdom,

e

any reference (however expressed) to a citizen of the EU or a national of the EEA included a United Kingdom national (within the meaning given by Article 2(d) of the withdrawal agreement), and

f

such other modifications were made as—

i

are provided for by regulations under section 8A or Part 1A of Schedule 2, or

ii

so far as not so provided, are necessary for any purpose of Part 4 of the withdrawal agreement and are capable of being ascertained from any such purpose or otherwise from that Part of that agreement.

4

Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP completion day is, unless the contrary intention appears, to be read in accordance with subsection (3) (and anything done or omitted to be done in connection with any such enactment is to be understood, and has effect, accordingly).

5

Subsections (2) to (4) are subject to any regulations made under section 8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under the European Union (Withdrawal Agreement) Act 2020.

6

Subsections (1) to (5) are repealed on IP completion day.

7

In this Act “EU-derived domestic legislation” means any enactment so far as—

a

made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,

b

passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,

c

relating to—

i

anything which falls within paragraph (a) or (b), or

ii

any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or

d

relating otherwise to the EU or the EEA,

but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020.

Retention of F212saved EU law at end of implementation period

Annotations:
Amendments (Textual)

I852Saving for EU-derived domestic legislation

1

EU-derived domestic legislation, as it has effect in domestic law immediately before F5IP completion day, continues to have effect in domestic law on and after F5IP completion day.

F1552

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) F51and section 5A (savings and incorporation: supplementary).

I136C163Incorporation of direct EU legislation

1

Direct EU legislation, so far as operative immediately before F37IP completion day, forms part of domestic law on and after F37IP completion day.

2

In this Act “direct EU legislation” means—

a

any EU regulation, EU decision or EU tertiary legislation, as it has effect in EU law immediately before F108IP completion day and so far as—

F207ai

it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

F139bi

it neither has effect nor is to have effect by virtue of section 7A or 7B,

i

it is not an exempt EU instrument (for which see section 20(1) and Schedule 6), F170and

F63ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

its effect is not reproduced in an enactment to which section 2(1) applies,

b

any Annex to the EEA agreement, as it has effect in EU law immediately before F101IP completion day and so far as—

F192ai

it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

bi

it neither has effect nor is to have effect by virtue of section 7A or 7B,

i

it refers to, or contains adaptations of, anything falling within paragraph (a), and

ii

its effect is not reproduced in an enactment to which section 2(1) applies, or

c

Protocol 1 to the EEA agreement (which contains horizontal adaptations that apply in relation to EU instruments referred to in the Annexes to that agreement), as it has effect in EU law immediately before F167IP completion day and so far as—

i

it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

ii

it neither has effect nor is to have effect by virtue of section 7A or 7B.

3

For the purposes of this Act, any direct EU legislation is operative immediately before F154IP completion day if—

a

in the case of anything which comes into force at a particular time and is stated to apply from a later time, it is in force and applies immediately before F154IP completion day,

b

in the case of a decision which specifies to whom it is addressed, it has been notified to that person before F154IP completion day, and

c

in any other case, it is in force immediately before F154IP completion day.

4

This section—

a

brings into domestic law any direct EU legislation only in the form of the English language version of that legislation, and

b

does not apply to any such legislation for which there is no such version,

but paragraph (a) does not affect the use of the other language versions of that legislation for the purposes of interpreting it.

5

This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) F76and section 5A (savings and incorporation: supplementary).

F2904Saving for rights etc. under section 2(1) of the ECA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5C22Exceptions to savings and incorporation

F291A1

The principle of the supremacy of EU law is not part of domestic law.

This applies after the end of 2023, in relation to any enactment or rule of law (whenever passed or made).

A2

Any provision of F297assimilated direct legislation—

a

must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and

b

is subject to all domestic enactments, so far as it is incompatible with them.

A3

Subsection (A2) is subject to—

a

section 186 of the Data Protection Act 2018 (data subject’s rights and other prohibitions and restrictions);

b

regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023.

F295A4

No general principle of EU law is part of domestic law after the end of 2023.

F2931

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2932

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2933

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I344

The Charter of Fundamental Rights is not part of domestic law on or after F197IP completion day.

F2965

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I10I1126

Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

I34F817

Subsections F294(A1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).

F2928

In this section “domestic enactment” means an enactment other than one consisting of F298assimilated direct legislation.

5AF90Savings and incorporation: supplementary

The fact that anything which continues to be, or forms part of, domestic law on or after IP completion day by virtue of section 2 F299or 3 has an effect immediately before IP completion day which is time-limited by reference to the implementation period does not prevent it from having an indefinite effect on and after IP completion day by virtue of section 2 F299or 3.

I11I149C106Interpretation of F283assimilated law

I1161

A court or tribunal—

a

is not bound by any principles laid down, or any decisions made, on or after F220IP completion day by the European Court, and

b

cannot refer any matter to the European Court on or after F220IP completion day.

I1162

Subject to this and subsections (3) to (6), a court or tribunal may have regard to anything done on or after F220IP completion day by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal.

I1163

Any question as to the validity, meaning or effect of any F302assimilated law is to be decided, so far as that law is unmodified on or after F220IP completion day and so far as they are relevant to it—

a

in accordance with any F303assimilated case law F300..., and

b

having regard (among other things) to the limits, immediately before F220IP completion day, of EU competences.

I1164

But—

a

the Supreme Court is not bound by any F304assimilatedEU case law,

b

the High Court of Justiciary is not bound by any F304assimilatedEU case law when—

i

sitting as a court of appeal otherwise than in relation to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) or a devolution issue (within the meaning given by paragraph 1 of Schedule 6 to the Scotland Act 1998), or

ii

sitting on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995,

F223ba

a relevant court or relevant tribunal is not bound by any F304assimilated EU case law so far as is provided for by regulations under subsection (5A), and

c

no court or tribunal is bound by any F304assimilated domestic case law that it would not otherwise be bound by.

I1165

In deciding whether to depart from any F304assimilatedEU case law F4by virtue of subsection (4)(a) or (b), the Supreme Court or the High Court of Justiciary must apply the same test as it would apply in deciding whether to depart from its own case law.

I116F2405A

A Minister of the Crown may by regulations provide for—

a

a court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section,

b

the extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law,

c

the test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, or

d

considerations which are to be relevant to—

i

the Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), or

ii

a relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.

I1165B

Regulations under subsection (5A) may (among other things) provide for—

a

the High Court of Justiciary to be a relevant court when sitting otherwise than as mentioned in subsection (4)(b)(i) and (ii),

b

the extent to which, or circumstances in which, a relevant court or relevant tribunal not being bound by retained EU case law includes (or does not include) that court or tribunal not being bound by retained domestic case law which relates to retained EU case law,

c

other matters arising in relation to retained domestic case law which relates to retained EU case law (including by making provision of a kind which could be made in relation to retained EU case law), or

d

the test mentioned in paragraph (c) of subsection (5A) or the considerations mentioned in paragraph (d) of that subsection to be determined (whether with or without the consent of a Minister of the Crown) by a person mentioned in subsection (5C)(a) to (e) or by more than one of those persons acting jointly.

I1165C

Before making regulations under subsection (5A), a Minister of the Crown must consult—

a

the President of the Supreme Court,

b

the Lord Chief Justice of England and Wales,

c

the Lord President of the Court of Session,

d

the Lord Chief Justice of Northern Ireland,

e

the Senior President of Tribunals, and

f

such other persons as the Minister of the Crown considers appropriate.

I1165D

No regulations may be made under subsection (5A) after IP completion day.

I1166

Subsection (3) does not prevent the validity, meaning or effect of any F305assimilated law which has been modified on or after F220IP completion day from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications.

F116A

Subsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).

7

In this Act—

  • F306“assimilated case law” means—

    1. a

      assimilated domestic case law, and

    2. b

      assimilated EU case law;

  • F306“assimilated domestic case law” means any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before IP completion day and so far as they—

    1. a

      relate to anything to which section 2 or 3 applies, and

    2. b

      are not excluded by section 5 or Schedule 1,

    (as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

  • F306“assimilated EU case law” means any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before IP completion day and so far as they—

    1. a

      relate to anything to which section 2 or 3 applies, and

    2. b

      are not excluded by section 5 or Schedule 1,

    (as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

  • F306“assimilated law” means anything which, on or after IP completion day, continues to be, or forms part of, domestic law by virtue of section 2 or 3 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time);

  • F307...

  • F307...

  • F307...

  • F307...

  • F301...

6DF289Incompatibility orders

1

This section applies if a court or tribunal decides, in the course of any proceedings—

a

that a provision of F308assimilated direct legislation is incompatible with, and by virtue of section 5(A2)(b) subject to, any domestic enactment, or

b

that a domestic enactment is incompatible with, and by virtue of section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 subject to, a provision of F309assimilated direct legislation.

2

The court or tribunal must make an order (an “incompatibility order”) to that effect (in addition to any exercise of other powers that it may have in relation to the proceedings).

3

An incompatibility order may (among other things)—

a

set out the effect of the relevant provision in its operation in relation to that particular case;

b

delay the coming into force of the order;

c

remove or limit any effect of the operation of the relevant provision before the coming into force of the order.

4

Provision included in an incompatibility order may be made subject to conditions.

5

In this section—

  • “domestic enactment” has the same meaning as in section 5 of this Act;

  • “the relevant provision” means section 5(A2)(b) of this Act or section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 (as the case may be).

I148C117Status of F284assimilated law

I691

Anything which—

a

was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

b

continues to be domestic law on and after exit day by virtue of F147section 1A(2) or 1B(2),

continues to be domestic law as an enactment of the same kind.

F121A

Anything which—

a

was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

b

continues to be domestic law on and after IP completion day by virtue of section 2,

continues to be domestic law as an enactment of the same kind.

F2504A

F311Assimilated direct legislation F318... may only be modified by—

a

primary legislation, or

b

subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

i

paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,

ii

any other provision made by or under this Act,

iii

any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

iv

any provision made on or after the passing of this Act by or under primary legislation.

I935

For other provisions about the status of F312assimilated law, see—

a

section 5 F310(A1) to (A3)F44and (7) (status of F312assimilated law in relation to other enactments or rules of law),

b

section 6 (status of F313assimilated case law F317...),

F164ba

section 7C (status of case law of European Court etc. in relation to F312assimilated law which is relevant separation agreement law),

c

section 15(2) and Part 2 of Schedule 5 (status of F312assimilated law for the purposes of the rules of evidence),

F251d

paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),

e

paragraphs 19 and 20 of that Schedule (status of certain F314assimilated direct legislation for the purposes of the Interpretation Act 1978), and

f

paragraph 30 of that Schedule (status of F315assimilated direct legislation for the purposes of the Human Rights Act 1998).

F316I696

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F201Further aspects of withdrawal

Annotations:
Amendments (Textual)

7AGeneral implementation of remainder of withdrawal agreement

1

Subsection (2) applies to—

a

all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the withdrawal agreement, and

b

all such remedies and procedures from time to time provided for by or under the withdrawal agreement,

as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom.

2

The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

a

recognised and available in domestic law, and

b

enforced, allowed and followed accordingly.

3

Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

F3643A

The following provide for the application in Northern Ireland of EU law relating to the trade in goods necessary for the functioning of the Windsor Framework in the withdrawal agreement to be subject to democratic consent and scrutiny—

a

Articles 13 and 18 of that Framework, and

b

Part 5A of the Northern Ireland Act 1998.

4

This section does not apply in relation to Part 4 of the withdrawal agreement so far as section 2(1) of the European Communities Act 1972 applies in relation to that Part.

5

See also (among other things)—

a

Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

b

section 20 of that Act (financial provision),

c

section 7C of this Act (interpretation of law relating to withdrawal agreement etc.),

d

section 8B of this Act (power in connection with certain other separation issues),

e

section 8C of this Act (power in connection with the Protocol on Ireland/Northern Ireland in withdrawal agreement), and

f

Parts 1B and 1C of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues and the Ireland/Northern Ireland Protocol).

7BF152General implementation of EEA EFTA and Swiss agreements

1

Subsection (2) applies to all such rights, powers, liabilities, obligations, restrictions, remedies and procedures as—

a

would from time to time be created or arise, or (in the case of remedies or procedures) be provided for, by or under the EEA EFTA separation agreement or the Swiss citizens' rights agreement, and

b

would, in accordance with Article 4(1) of the withdrawal agreement, be required to be given legal effect or used in the United Kingdom without further enactment,

if that Article were to apply in relation to the EEA EFTA separation agreement and the Swiss citizens' rights agreement, those agreements were part of EU law and the relevant EEA states and Switzerland were member States.

2

The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

a

recognised and available in domestic law, and

b

enforced, allowed and followed accordingly.

3

Every enactment (other than section 7A but otherwise including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

4

See also (among other things)—

a

Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

b

section 7C of this Act (interpretation of law relating to the EEA EFTA separation agreement and the Swiss citizens' rights agreement etc.),

c

section 8B of this Act (power in connection with certain other separation issues), and

d

Part 1B of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues).

5

In this section “the relevant EEA states” means Norway, Iceland and Liechtenstein.

6

In this Act “EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).

7CF47Interpretation of relevant separation agreement law

1

Any question as to the validity, meaning or effect of any relevant separation agreement law is to be decided, so far as they are applicable—

a

in accordance with the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement, and

b

having regard (among other things) to the desirability of ensuring that, where one of those agreements makes provision which corresponds to provision made by another of those agreements, the effect of relevant separation agreement law in relation to the matters dealt with by the corresponding provision in each agreement is consistent.

2

See (among other things)—

a

Article 4 of the withdrawal agreement (methods and principles relating to the effect, the implementation and the application of the agreement),

b

Articles 158 and 160 of the withdrawal agreement (jurisdiction of the European Court in relation to Part 2 and certain provisions of Part 5 of the agreement),

c

Articles 12 and 13 of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (implementation, application, supervision and enforcement of the Protocol and common provisions),

d

Article 4 of the EEA EFTA separation agreement (methods and principles relating to the effect, the implementation and the application of the agreement), and

e

Article 4 of the Swiss citizens' rights agreement (methods and principles relating to the effect, the implementation and the application of the agreement).

3

In this Act “relevant separation agreement law” means—

a

any of the following provisions or anything which is domestic law by virtue of any of them—

i

section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or this section, or

ii

Part 3, or section 20, of the European Union (Withdrawal Agreement) Act 2020 (citizens' rights and financial provision), or

b

anything not falling within paragraph (a) so far as it is domestic law for the purposes of, or otherwise within the scope of—

i

the withdrawal agreement (other than Part 4 of that agreement),

ii

the EEA EFTA separation agreement, or

iii

the Swiss citizens' rights agreement,

as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time.

Main powers in connection with withdrawal

C4C98Dealing with deficiencies arising from withdrawal

1

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate to prevent, remedy or mitigate—

a

any failure of retained EU law to operate effectively, or

b

any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

2

Deficiencies in retained EU law are where the Minister considers that retained EU law—

a

contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,

b

confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,

c

makes provision for, or in connection with, reciprocal arrangements between—

i

the United Kingdom or any part of it or a public authority in the United Kingdom, and

ii

the EU, an EU entity, a member State or a public authority in a member State,

which no longer exist or are no longer appropriate,

d

makes provision for, or in connection with, other arrangements which—

i

involve the EU, an EU entity, a member State or a public authority in a member State, or

ii

are otherwise dependent upon the United Kingdom's membership of the EUF61or Part 4 of the withdrawal agreement,

and which no longer exist or are no longer appropriate,

e

makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties F184or as a result of either the end of the implementation period or any other effect of the withdrawal agreement,

F157ea

is not clear in its effect as a result of the operation of any provision of sections 2 to 6 or Schedule 1,

f

does not contain any functions or restrictions which—

i

were in an EU directive and in force immediately before F211IP completion day (including any power to make EU tertiary legislation), and

ii

it is appropriate to retain, or

g

contains EU references which are no longer appropriate.

3

There is also a deficiency in retained EU law where the Minister considers that there is—

a

anything in retained EU law which is of a similar kind to any deficiency which falls within subsection (2), or

b

a deficiency in retained EU law of a kind described, or provided for, in regulations made by a Minister of the Crown.

4

But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after F38IP completion day.

5

Regulations under subsection (1) may make any provision that could be made by an Act of Parliament.

6

Regulations under subsection (1) may (among other things) provide for functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be—

a

exercisable instead by a public authority (whether or not established for the purpose) in the United Kingdom, or

b

replaced, abolished or otherwise modified.

7

But regulations under subsection (1) may not—

a

impose or increase taxation or fees,

b

make retrospective provision,

c

create a relevant criminal offence,

d

establish a public authority,

F128e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

g

amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

8

No regulations may be made under this section after the end of the period of two years beginning with F54IP completion day.

9

The reference in subsection (1) to a failure or other deficiency arising from the withdrawal of the United Kingdom from the EU includes a reference to any failure or other deficiency arising from F165—

a

any aspect of that withdrawal, including (among other things)—

i

the end of the implementation period, or

ii

any other effect of the withdrawal agreement, or

b

that withdrawal, or any such aspect of it, taken together with the operation of any provision, or the interaction between any provisions, made by or under this Act F149or the European Union (Withdrawal Agreement) Act 2020.

8AF225Supplementary power in connection with implementation period

1

A Minister of the Crown may by regulations—

a

provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b

provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c

make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,

d

modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or

e

make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

2

The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

3

In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.

4

No regulations may be made under subsection (1) after the end of the period of two years beginning with IP completion day.

8BF109Power in connection with certain other separation issues

1

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a

to implement Part 3 of the withdrawal agreement (separation provisions),

b

to supplement the effect of section 7A in relation to that Part, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

2

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a

to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b

to supplement the effect of section 7B in relation to that Part, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

3

Regulations under this section may make any provision that could be made by an Act of Parliament.

4

Regulations under this section may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

a

section 7A above and Part 3 of the withdrawal agreement, or

b

section 7B above and Part 3 of the EEA EFTA separation agreement.

5

But regulations under this section may not—

a

impose or increase taxation or fees,

b

make retrospective provision,

c

create a relevant criminal offence,

d

establish a public authority,

e

amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

f

amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

6

In this section references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

8CF196Power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement

1

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a

to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

b

to supplement the effect of section 7A in relation to the Protocol, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

2

Regulations under subsection (1) may make any provision that could be made by an Act of Parliament (including modifying this Act).

3

Regulations under subsection (1) may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

4

Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

a

the authorities of a member State, or

b

bodies established in a member State,

in respect of qualifying Northern Ireland goods.

5

Regulations under subsection (1) may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

F565A

Regulations under subsection (1) may not amend, repeal or otherwise modify the operation of section 47 of the United Kingdom Internal Market Act 2020 (“the 2020 Act”), except by making—

a

provision of the sort that is contemplated by section 47(2) of the 2020 Act (permitted checks);

b

provision under subsection (6);

c

provision of the sort described in paragraph 21(b) of Schedule 7 (supplementary and transitional provision etc) in connection with—

i

provision within either of the preceding paragraphs;

ii

Articles 5 to 10 of the Northern Ireland Protocol ceasing to apply (and the resulting operation of section 55(1) of the 2020 Act).

6

A Minister of the Crown may by regulations define “qualifying Northern Ireland goods” for the purposes of this Act.

7

In this section any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

a

any other provision of the withdrawal agreement so far as applying to the Protocol, and

b

any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).

F1909Implementing the withdrawal agreement

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Devolution

10F19Protection for North-South co-operation and F62... prevention of new border arrangements

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 F115... 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 F162..., 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.

F963

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.

11Powers involving devolved authorities corresponding to sections 8 F52to 8C

Schedule 2 (which confers powers to make regulations involving devolved authorities which correspond to the powers conferred by sections 8 F150to 8C) has effect.

I4I1212Retaining EU restrictions in devolution legislation etc.

F14I621

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14I1082

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14I623

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14I1084

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14I625

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14I1086

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1087

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.

F124I1088

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F23010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I10812

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

F11413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary F179oversight of withdrawal

Annotations:
Amendments (Textual)

F6913Parliamentary approval of the outcome of negotiations with the EU

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13AF77Review of EU legislation during implementation period

1

Subsection (2) applies where the European Scrutiny Select Committee of the House of Commons (“the ESC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

a

states that, in the opinion of the ESC, the EU legislation raises a matter of vital national interest to the United Kingdom,

b

confirms that the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has consulted any Departmental Select Committee of the House of Commons which the ESC considers also has an interest in the EU legislation, and

c

sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (2).

2

A Minister of the Crown must, within the period of 14 Commons sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (1)(c) to be debated and voted on by the House of Commons.

3

Subsection (4) applies where the EU Select Committee of the House of Lords (“the EUC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

a

states that, in the opinion of the EUC, the EU legislation raises a matter of vital national interest to the United Kingdom,

b

confirms that the EUC has taken such evidence as it considers appropriate as to the effect of the EU legislation, and

c

sets out the wording of a motion to be moved in the House of Lords in accordance with subsection (4).

4

A Minister of the Crown must, within the period of 14 Lords sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (3)(c) to be debated and voted on by the House of Lords.

5

In this section—

  • “EU legislation” means—

    1. a

      any amendment to the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty or the EEA agreement,

    2. b

      any EU directive, or

    3. c

      any EU regulation or EU decision which is not EU tertiary legislation;

  • “the European Scrutiny Select Committee of the House of Commons” means the Select Committee of the House of Commons known as the European Scrutiny Select Committee or any successor of that committee;

  • “the EU Select Committee of the House of Lords” means the Select Committee of the House of Lords known as the EU Select Committee or any successor of that committee.

13BF181Certain dispute procedures under withdrawal agreement

1

Subsection (2) applies if a request has been made under Article 170 of the withdrawal agreement to the other party in a dispute (request to establish an arbitration panel in relation to a dispute between the EU and the United Kingdom).

2

A Minister of the Crown must, within the 14 day period beginning with the day on which the request is made, make a statement in writing to each House of Parliament that the request has been made and setting out the details of it.

3

Subsection (4) applies if the European Court has given a ruling in response to a request by an arbitration panel under Article 174(1) of the withdrawal agreement (request for ruling by European Court on certain questions arising in a dispute submitted to arbitration).

4

A Minister of the Crown must, within the 14 day period beginning with the publication in the Official Journal of the European Union of the ruling of the European Court, make a statement in writing to each House of Parliament that the ruling has been made and setting out the details of it contained in the Official Journal.

5

After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report setting out the number of times within the reporting period that the Joint Committee has been provided with notice under Article 169(1) of the withdrawal agreement (notice concerning the commencement of consultations in the Joint Committee to resolve a dispute between the EU and the United Kingdom about the interpretation and application of the withdrawal agreement).

6

In this section—

  • “reporting period” means—

    1. a

      the period of one year beginning with the day on which IP completion day falls, and

    2. b

      each subsequent year;

  • “the 14 day period” means—

    1. a

      in relation to the House of Commons, the period of 14 Commons sitting days, and

    2. b

      in relation to the House of Lords, the period of 14 Lords sitting days.

13CF363Bills affecting trade between Northern Ireland and other parts of the United Kingdom

1

This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would affect trade between Northern Ireland and other parts of the United Kingdom.

2

The Minister in charge of the Bill must, before Second Reading of the Bill in the House in question, make—

a

a statement to the effect that in the Minister’s view the Bill does not contain provision which, if enacted, would have a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom, or

b

a statement to the effect that the Minister is unable to make such a statement but His Majesty’s Government nevertheless wishes the House to proceed with the Bill.

3

A statement under this section must be in writing and be published in such manner as the Minister considers appropriate.

Financial and other matters

14Financial provision

1

Schedule 4 (which contains powers in connection with fees and charges) has effect.

2

A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

3

There is to be paid out of money provided by Parliament—

a

any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and

b

any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

4

Subsection (3) is subject to any other provision made by or under this Act or any other enactment.

I1315Publication and rules of evidence

I491

Part 1 of Schedule 5 (which makes provision for the publication by the Queen's Printer of copies of retained direct EU legislation and related information) has effect.

I662

Part 2 of Schedule 5 (which makes provision about rules of evidence) has effect.

15AF60Prohibition on extending implementation period

A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.

15BF214Ministerial co-chairs of the Joint Committee

The functions of the United Kingdom’s co-chair of the Joint Committee, under Annex VIII of the withdrawal agreement (rules of procedure of the Joint Committee and specialised committees), are to be exercised personally by a Minister of the Crown (and, accordingly, only a Minister of the Crown may be designated as a replacement under Rule 1(3)).

15CF158No use of written procedure in the Joint Committee

1

The United Kingdom’s co-chair of the Joint Committee may not consent to the Joint Committee using the written procedure provided for in Rule 9(1) of Annex VIII of the withdrawal agreement.

2

In subsection (1) the reference to the United Kingdom’s co-chair of the Joint Committee includes a reference to any designee of the co-chair designated under Rule 1(3) of Annex VIII of the withdrawal agreement.

F11916Maintenance of environmental principles etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Family unity for those seeking asylum or other protection in Europe

F71

A Minister of the Crown must, within the period of two months beginning with the day on which the European Union (Withdrawal Agreement) Act 2020 is passed, lay before Parliament a statement of policy in relation to any future arrangements between the United Kingdom and the EU about—

a

unaccompanied children, who make an application for international protection to a member State, coming to the United Kingdom where it is in their best interests to join a relative who—

i

is a lawful resident of the United Kingdom, or

ii

has made a protection claim which has not been decided, and

b

unaccompanied children in the United Kingdom, who make a protection claim, going to a member State to join a relative there in equivalent circumstances.

2

For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

3

For the purposes of subsection (1)(a)(ii), a protection claim is decided—

a

when the Secretary of State notifies the claimant of the Secretary of State's decision on the claim, unless the claimant appeals against the decision, or

b

if the claimant appeals against the Secretary of State's decision on the claim, when the appeal is disposed of.

4

In this section—

  • “application for international protection” has the meaning given by Article 2(h) of Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted;

  • “protection claim” has the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002 (see section 82(2) of that Act);

  • “relative”, in relation to an unaccompanied child, means—

    1. a

      a spouse or civil partner of the child or any person with whom the child has a durable relationship that is similar to marriage or civil partnership, or

    2. b

      a parent, grandparent, uncle, aunt, brother or sister of the child;

  • “unaccompanied child” means a person under the age of 18 (“the child”) who is not in the care of a person who—

    1. a

      is aged 18 or over, and

    2. b

      by law or custom of the country or territory in which the child is present, has responsibility for caring for the child.

F20418Customs arrangement as part of the framework for the future relationship

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11019Future interaction with the law and agencies of the EU

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General and final provision

20Interpretation

1

In this Act—

  • F320“assimilated direct legislation” means any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after IP completion day);

  • F320“assimilated direct minor legislation” means any assimilated direct legislation which is not assimilated direct principal legislation;

  • F320“assimilated direct principal legislation” means—

    1. a

      any EU regulation so far as it—

      1. i

        forms part of domestic law on and after IP completion day by virtue of section 3, and

      2. ii

        was not EU tertiary legislation immediately before IP completion day, or

    2. b

      any Annex to the EEA agreement so far as it—

      1. i

        forms part of domestic law on and after IP completion day by virtue of section 3, and

      2. ii

        refers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a),

    (as modified by or under this Act or by other domestic law from time to time);

  • “Charter of Fundamental Rights” means the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007;

  • F191“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

  • “devolved authority” means—

    1. a

      the Scottish Ministers,

    2. b

      the Welsh Ministers, or

    3. c

      a Northern Ireland department;

  • “domestic law” means—

    1. a

      in F166sections 3, 7A and 7B, the law of England and Wales, Scotland and Northern Ireland, and

    2. b

      in any other case, the law of England and Wales, Scotland or Northern Ireland;

  • “the EEA” means the European Economic Area;

  • “enactment” means an enactment whenever passed or made and includes—

    1. a

      an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act,

    2. b

      an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,

    3. c

      an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

    4. d

      an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

    5. e

      an enactment contained in, or in an instrument made under, Northern Ireland legislation,

    6. f

      an enactment contained in any instrument made by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty,

    7. g

      an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, and

    8. h

      except in sections F981B and 7 or where there is otherwise a contrary intention, any F321assimilated direct legislation;

  • “EU decision” means—

    1. a

      a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or

    2. b

      a decision under former Article 34(2)(c) of the Treaty on European Union;

  • “EU directive” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

  • “EU entity” means an EU institution or any office, body or agency of the EU;

  • “EU reference” means—

    1. a

      any reference to the EU, an EU entity or a member State,

    2. b

      any reference to an EU directive or any other EU law, or

    3. c

      any other reference which relates to the EU;

  • “EU regulation” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

  • “EU tertiary legislation” means—

    1. a

      any provision made under—

      1. i

        an EU regulation,

      2. ii

        a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or

      3. iii

        an EU directive,

      by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union or former Article 202 of the Treaty establishing the European Community, or

    2. b

      any measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c),

    but does not include any such provision or measure which is an EU directive;

  • “exempt EU instrument” means anything which is an exempt EU instrument by virtue of Schedule 6;

  • “exit day” F235means F23631 January 2020 at 11.00 p.m. (and see subsections (2) to (5));

  • F20“future relationship agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act);

  • F36“Joint Committee” means the Joint Committee established by Article 164(1) of the withdrawal agreement;

  • “Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);

  • “member State” (except in the definitions of “direct EU legislation” and “EU reference”) does not include the United Kingdom;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

  • “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

  • “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

  • “primary legislation” means—

    1. a

      an Act of Parliament,

    2. b

      an Act of the Scottish Parliament,

    3. c

      a Measure or Act of the National Assembly for Wales, or

    4. d

      Northern Ireland legislation;

  • “public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998;

  • F205“ratify”, whether in relation to the withdrawal agreement or otherwise, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act);

  • “relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);

  • F322...

  • “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made;

  • “subordinate legislation” means—

    1. a

      any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or

    2. b

      any instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales,

    and (except in section 7 or Schedule 2 or where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after F39IP completion day under any F323assimilated direct legislation;

  • “tribunal” means any tribunal in which legal proceedings may be brought;

  • “Wales” and “Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158 of that Act);

  • F88...

2

In this F241Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on F23931 January 2020 or (as the case may be) to beginning with 11.00 p.m. on that day.

3

Subsection (4) applies if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of “exit day” in subsection (1).

4

A Minister of the Crown F195must by regulations—

a

amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and

b

amend subsection (2) in consequence of any such amendment.

5

In subsections (3) and (4) “the Treaties” means the Treaty on European Union and the Treaty on the Functioning of the European Union.

F305A

In this Act references to anything which continues to be domestic law by virtue of section 1B(2) include—

a

references to anything to which section 1B(2) applies which continues to be domestic law on or after exit day (whether or not it would have done so irrespective of that provision), and

b

references to anything which continues to be domestic law on or after exit day by virtue of section 1B(2) (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time).

6

In this Act references to anything which continues to be domestic law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be domestic law on or after F106IP completion day (whether or not it would have done so irrespective of that section).

F3197

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

References in this Act (however expressed) to a public authority in the United Kingdom include references to a public authority in any part of the United Kingdom.

9

References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.

10

Any other reference in this Act to—

a

an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union, or

b

Article 10 of Title VII of Protocol 36 to those treaties,

includes a reference to that Article as applied by Article 106a of the Euratom Treaty.

21Index of defined expressions

1

In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression

Provision

F50Anything which continues to be domestic law by virtue of section 1B(2)

Section 20(5A)

Anything which continues to be domestic law by virtue of section 2

Section 20(6)

F327. . .

F327. . .

Article (in relation to the Treaty on European Union or the Treaty on the Functioning of the European Union)

Section 20(10)

F325Assimilated case law

Section 6(7)

Assimilated direct legislation

Section 20(1)

Assimilated direct minor legislation

Section 20(1)

Assimilated direct principal legislation

Section 20(1)

Assimilated domestic case law

Section 6(7)

Assimilated EU case law

Section 6(7)

Assimilated law

Section 6(7)

Charter of Fundamental Rights

Section 20(1)

F169Commons sitting day

Section 20(1)

Devolved authority

Section 20(1)

Direct EU legislation

Section 3(2)

Domestic law

Section 20(1)

The EEA

Section 20(1)

EEA agreement

Schedule 1 to the Interpretation Act 1978

F16EEA EFTA separation agreement

Section 7B(6)

Enactment

Section 20(1)

The EU

Schedule 1 to the Interpretation Act 1978

EU decision

Section 20(1)

F92EU-derived domestic legislation

Section 1B(7)

EU directive

Section 20(1)

EU entity

Section 20(1)

EU institution

Schedule 1 to the Interpretation Act 1978

EU instrument

Schedule 1 to the Interpretation Act 1978

Euratom Treaty

Schedule 1 to the Interpretation Act 1978

EU reference

Section 20(1)

EU regulation

Section 20(1)

F22European Communities Act 1972

Section 1A(7)(a)

European Court

Schedule 1 to the Interpretation Act 1978

EU tertiary legislation

Section 20(1)

EU Treaties

Schedule 1 to the Interpretation Act 1978

Exempt EU instrument

Section 20(1)

Exit day (and related expressions)

Section 20(1) to (5)

Former Article 34(2)(c) of Treaty on European Union

Section 20(9)

F25Future relationship agreement

Section 20(1)

F159Implementation period

Section 1A(6)

IP completion day (and related expressions)

Section 1A(6)

Joint Committee

Section 20(1)

Lords sitting day

Section 20(1)

Member State

Section 20(1) and Schedule 1 to the Interpretation Act 1978

Minister of the Crown

Section 20(1)

Modify (and related expressions)

Section 20(1)

Northern Ireland devolved authority

Section 20(1)

Operative (in relation to direct EU legislation)

Section 3(3)

F68Part (of withdrawal agreement or EEA EFTA separation agreement)

Section 1A(7)(b)

Primary legislation

Section 20(1)

Public authority

Section 20(1)

Public authority in the United Kingdom (however expressed)

Section 20(8)

F82Qualifying Northern Ireland goods

Section 8C(6)

Ratify

Section 20(1)

Relevant criminal offence

Section 20(1) (and paragraph 44 of Schedule 8)

F219Relevant separation agreement law

Section 7C(3)

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F326. . .

F324. . .

F324. . .

Retrospective provision

Section 20(1)

Subordinate legislation

Section 20(1)

F174Swiss citizens' rights agreement

Section 7B(6)

Tribunal

Section 20(1)

Wales

Section 20(1)

Welsh zone

Section 20(1)

Withdrawal agreement

F208Section 1A(6)

2

See paragraph 22 of Schedule 8 for amendments made by this Act to Schedule 1 to the Interpretation Act 1978.

22Regulations

Schedule 7 (which makes provision about the scrutiny by Parliament and the devolved legislatures of regulations under this Act and contains other general provision about such regulations) has effect.

I5I1423Consequential and transitional provision

C81

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

2

The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

3

In subsection (2) “enactment” does not include primary legislation passed or made after F34IP completion day.

4

No regulations may be made under subsection (1) after the end of the period of 10 years beginning with F87IP completion day.

I96I465

Parts 1 and 2 of Schedule 8 (which contain consequential provision) have effect.

6

A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day F228or IP completion day).

I29I467

Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.

I117I42I318

The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.

24Extent

1

Subject to subsections (2) and (3), this Act extends to England and Wales, Scotland and Northern Ireland.

2

Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

3

Regulations under section 8(1) or 23 may make provision which extends to Gibraltar—

a

modifying any enactment which—

i

extends to Gibraltar and relates to European Parliamentary elections, or

ii

extends to Gibraltar for any purpose which is connected with Gibraltar forming part of an electoral region, under the European Parliamentary Elections Act 2002, for the purposes of such elections, or

b

which is supplementary, incidental, consequential, transitional, transitory or saving provision in connection with a modification within paragraph (a).

25Commencement and short title

1

The following provisions—

a

sections 8 to 11 (including Schedule 2),

b

paragraphs 4, 5, 21(2)(b), 48(b), 51(2)(c) and (d) and (4) of Schedule 3 (and section 12(8) and (12) so far as relating to those paragraphs),

c

sections 13 and 14 (including Schedule 4),

d

sections 16 to 18,

e

sections 20 to 22 (including Schedules 6 and 7),

f

section 23(1) to (4) and (6),

g

paragraph 41(10), 43 and 44 of Schedule 8 (and section 23(7) so far as relating to those paragraphs),

h

section 24, and

i

this section,

come into force on the day on which this Act is passed.

2

In section 12—

a

subsection (2) comes into force on the day on which this Act is passed for the purposes of making regulations under section 30A of the Scotland Act 1998,

b

subsection (4) comes into force on that day for the purposes of making regulations under section 109A of the Government of Wales Act 2006, and

c

subsection (6) comes into force on that day for the purposes of making regulations under section 6A of the Northern Ireland Act 1998.

3

In Schedule 3—

a

paragraph 1(b) comes into force on the day on which this Act is passed for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

b

paragraph 2 comes into force on that day for the purposes of making regulations under section 80(8) of the Government of Wales Act 2006,

c

paragraph 3(b) comes into force on that day for the purposes of making regulations under section 24(3) of the Northern Ireland Act 1998,

d

paragraph 24(2) comes into force on that day for the purposes of making regulations under section 30A of the Scotland Act 1998,

e

paragraph 24(3) comes into force on that day for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

f

paragraph 25 comes into force on that day for the purposes of making regulations under section 30A or 57(4) of the Scotland Act 1998,

g

paragraph 43 comes into force on that day for the purposes of making regulations under section 80(8) or 109A of the Government of Wales Act 2006, and

h

paragraphs 57 and 58 come into force on that day for the purposes of making regulations under section 6A or 24(3) of the Northern Ireland Act 1998;

and section 12(7) and (12), so far as relating to each of those paragraphs, comes into force on that day for the purposes of making the regulations mentioned above in relation to that paragraph.

4

The provisions of this Act, so far as they are not brought into force by subsections (1) to (3), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

5

This Act may be cited as the European Union (Withdrawal) Act 2018.

SCHEDULES

F200SCHEDULE 1Further provision about exceptions to savings and incorporation

Section 5(6)

Annotations:
Amendments (Textual)
F200

Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)

Challenges to validity of F285assimilated law

Annotations:
Amendments (Textual)

I151

I32C51

There is no right in domestic law on or after F200IP completion day to challenge any F285assimilated law on the basis that, immediately before F200IP completion day, an EU instrument was invalid.

2

Sub-paragraph (1) does not apply so far as—

I32a

the European Court has decided before F200IP completion day that the instrument is invalid, or

I36b

the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

3

Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.

F286...

Annotations:
Amendments (Textual)

F3282

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3293

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule in Francovich

I954

There is no right in domestic law on or after F200IP completion day to damages in accordance with the rule in Francovich.

Interpretation

I575

1

References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after F200IP completion dayF117by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act.

F3302

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2Corresponding powers involving devolved authorities

Section 11

Part 1Dealing with deficiencies arising from withdrawal

Power to deal with deficiencies

1

1

A devolved authority may by regulations make such provision as the devolved authority considers appropriate to prevent, remedy or mitigate—

a

any failure of retained EU law to operate effectively, or

b

any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

2

A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate to prevent, remedy or mitigate—

a

any failure of retained EU law to operate effectively, or

b

any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

3

Section 8(2) to (9) apply for the purposes of this Part as they apply for the purposes of section 8 (including the references to the Minister in section 8(2) and (3) (but not the reference to a Minister of the Crown in section 8(3)(b)) being read as references to the devolved authority or (as the case may be) the Minister acting jointly with the devolved authority and the references to section 8(1) being read as references to sub-paragraph (1) or (2) above).

4

Regulations under sub-paragraph (1) above are subject to paragraphs 2 to 7.

No power to make provision outside devolved competence

2

1

No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2

See paragraphs 8 to 11 for the meaning of “devolved competence” for the purposes of this Part.

F127...

Annotations:
Amendments (Textual)

F1273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for consultation in certain circumstances

4

No regulations may be made under this Part by a devolved authority acting alone so far as the regulations—

a

are to come into force before F138IP completion day, or

b

remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 8(2)(c) or (e),

unless the regulations are, to that extent, made after consulting with the Secretary of State.

Requirement for joint exercise where it would otherwise be required

6

1

No regulations may be made under this Part by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

a

the Scottish Ministers acting jointly with a Minister of the Crown, or

b

the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

2

No regulations may be made under this Part by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

3

No regulations may be made under this Part by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

a

a Northern Ireland department acting jointly with a Minister of the Crown, or

b

another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

4

Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

a

an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

b

different subordinate legislation made otherwise than under this Act by—

i

the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

ii

the Welsh Ministers acting alone, or

iii

(as the case may be), a Northern Ireland devolved authority acting alone.

Requirement for consultation where it would otherwise be required

7

1

No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of the National Assembly for Wales, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

2

No regulations may be made under this Part by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

3

No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

4

No regulations may be made under this Part by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

5

Sub-paragraph (2), (3) or (4) does not apply if—

a

the provision could be contained in an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, and

b

there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

6

Sub-paragraph (2), (3) or (4) does not apply if—

a

the provision could be contained in different subordinate legislation made otherwise than under this Act by—

i

the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

ii

the Welsh Ministers acting alone, or

iii

(as the case may be), a Northern Ireland devolved authority acting alone, and

b

there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

Meaning of devolved competence: Part 1

8

1

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F97..., or

b

it meets the conditions in sub-paragraph (2).

2

The conditions are—

a

the provision—

i

amends or revokes subordinate legislation made before F18IP completion day by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or

ii

makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

b

the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

c

the provision only forms part of the law of Scotland,

d

the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and

e

the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.

9

1

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F2... including any provision that could be made only with the consent of a Minister of the Crown), or

b

it meets the conditions in sub-paragraph (2).

2

The conditions are—

a

the provision—

i

amends or revokes subordinate legislation made before F23IP completion day by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, or

ii

makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

b

the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

c

the provision only forms part of the law of England and Wales,

d

the provision does not confer or remove functions exercisable otherwise than in relation to Wales or the Welsh zone, and

e

the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 5, 6 or 7 of Schedule 7B to the Government of Wales Act 2006, be modified by an Act of the National Assembly for Wales.

10

1

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly, F118..., and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F180... and require the consent of the Secretary of State, or

c

the provision meets the conditions in sub-paragraph (2).

2

The conditions are—

a

the provision—

i

amends or revokes subordinate legislation made before F185IP completion day by a Northern Ireland devolved authority acting alone, or

ii

makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

b

the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

c

the provision only forms part of the law of Northern Ireland,

d

the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,

e

the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and

f

the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.

11

References in paragraphs 8 to 10, in connection with the making of regulations under this Part, to the subject-matter of any provision or subordinate legislation are to be read as references to the subject-matter of the provision or subordinate legislation when the regulations concerned are made.

F206PART 1AProvision in connection with implementation period

Annotations:
Amendments (Textual)

11ASupplementary power in connection with implementation period

1

A devolved authority may by regulations—

a

provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b

provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c

make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

d

make such provision not falling within paragraph (a), (b) or (c) as the devolved authority considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

2

A Minister of the Crown acting jointly with a devolved authority may by regulations—

a

provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b

provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c

make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

d

make such provision not falling within paragraph (a), (b) or (c) as they consider appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

3

The power to make regulations under this Part may (among other things) be exercised by modifying any provision made by or under an enactment.

4

In sub-paragraph (3) “enactment” does not include primary legislation passed or made after IP completion day.

5

No regulations may be made under this Part after the end of the period of two years beginning with IP completion day.

6

Regulations under sub-paragraph (1) are also subject to paragraphs 11B and 11C.

11BNo power to make provision outside devolved competence

1

No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2

See paragraphs 11D to 11F for the meaning of “devolved competence” for the purposes of this Part.

11CCertain requirements for consent, joint exercise or consultation

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1A

11D

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or

b

it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11E

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or

b

it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11F

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or

c

the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).

F10PART 1BProvision in connection with certain other separation issues

Annotations:
Amendments (Textual)

11GPowers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement

1

A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a

to implement Part 3 of the withdrawal agreement (separation provisions),

b

to supplement the effect of section 7A in relation to that Part, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

2

A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a

to implement Part 3 of the withdrawal agreement (separation provisions),

b

to supplement the effect of section 7A in relation to that Part, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

3

A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a

to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b

to supplement the effect of section 7B in relation to that Part, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

4

A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a

to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b

to supplement the effect of section 7B in relation to that Part, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

5

Regulations under this Part may make any provision that could be made by an Act of Parliament.

6

Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

a

section 7A above and Part 3 of the withdrawal agreement, or

b

section 7B above and Part 3 of the EEA EFTA separation agreement.

7

But regulations under this Part may not—

a

impose or increase taxation or fees,

b

make retrospective provision,

c

create a relevant criminal offence,

d

establish a public authority,

e

amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

f

amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

8

Regulations under sub-paragraph (1) or (3) are also subject to paragraphs 11H and 11I.

9

In this paragraph references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

11HNo power to make provision outside devolved competence

1

No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2

See paragraphs 11J to 11L for the meaning of “devolved competence” for the purposes of this Part.

11ICertain requirements for consent, joint exercise or consultation

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1B

11J

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F232..., or

b

it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone F229....

11K

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F238... including any provision that could be made only with the consent of a Minister of the Crown), or

b

it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone. F234...

11L

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly, F243..., and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F242... and require the consent of the Secretary of State, or

c

the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone F237....

F126PART 1CProvision in connection with Protocol on Ireland/Northern Ireland

Annotations:
Amendments (Textual)

11MPower in connection with Protocol on Ireland/Northern Ireland

1

A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a

to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

b

to supplement the effect of section 7A in relation to the Protocol, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

2

A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a

to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

b

to supplement the effect of section 7A in relation to the Protocol, or

c

otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

3

Regulations under this Part may make any provision that could be made by an Act of Parliament.

4

Regulations under this Part may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

5

Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

a

the authorities of a member State, or

b

bodies established in a member State,

in respect of qualifying Northern Ireland goods.

6

Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

7

Regulations under sub-paragraph (1) are also subject to paragraphs 11N and 11O.

8

In this paragraph any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

a

any other provision of the withdrawal agreement so far as applying to the Protocol, and

b

any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).

11NNo power to make provision outside devolved competence

1

No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2

See paragraphs 11P to 11R for the meaning of “devolved competence” for the purposes of this Part.

11OCertain requirements for consent, joint exercise or consultation

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1C

11P

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or

b

it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11Q

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a

it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or

b

it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11R

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or

c

the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) of the Northern Ireland Act 1998).

F21Part 2Implementing the withdrawal agreement

Annotations:
Amendments (Textual)

F21Power to implement withdrawal agreement

F2112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21No power to make provision outside devolved competence

F2113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21No power to modify retained direct EU legislation etc.

F2114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Requirement for consultation in certain circumstances

F2115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Certain requirements for consent, joint exercise or consultation

F2116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21Meaning of devolved competence: Part 2

F2117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3Further amendments of devolution legislation and reporting requirement

Section 12(7), (8) and (12)

Part 1Corresponding provision in relation to executive competence

Scotland Act 1998

I71

In section 57 of the Scotland Act 1998 (EU law and Convention rights)—

I70a

in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with EU law) omit “or with EU law”, and

F125I104b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85...

Annotations:
Amendments (Textual)

F85I8I1072

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland Act 1998

I93

In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—

I75a

omit subsection (1)(b) (no power for the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law), and

F80I135b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93Part 2Reports in connection with retained EU law restrictions

Annotations:
Amendments (Textual)

F93Reports on progress towards removing retained EU law restrictions

F934

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93Interpretation

F935

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3Other amendments of devolution legislation

Scotland Act 1998

I286

The Scotland Act 1998 is amended as follows.

I727

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

I1228

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”.

I449

1

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

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”.

I3710

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

I10211

Omit section 34 (ECJ references).

I10512

1

Section 36 (stages of Bills) is amended as follows.

2

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

3

In subsection (5)(a), omit “, (b)”.

I6413

1

Section 57 (EU law and Convention rights) is amended as follows.

2

In the heading—

a

omit “EU law and”, and

F142b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Omit subsection (1).

I8214

1

Section 80D (Scottish taxpayers) is amended as follows.

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) ”.

Annotations:
Commencement Information
I82

Sch. 3 para. 14 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I13415

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

Annotations:
Commencement Information
I134

Sch. 3 para. 15 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

I7116

1

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

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) ”.

I8717

1

Section 106 (power to adapt functions) is amended as follows.

2

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

3

Omit subsection (7).

I13718

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

I3019

1

Section 126 (interpretation) is amended as follows.

2

Omit subsection (9).

3

In subsection (10), omit “EU law or”.

I5320

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

I121

I791

Schedule 4 (enactments etc. protected from modification) is amended as follows.

2

In paragraph 1(2)—

I79a

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)

I793

Omit paragraph 13(1)(a).

Annotations:
Commencement Information
I1

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

I79

Sch. 3 para. 21(1)(2)(a)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I11922

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. ”

I12723

1

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

F312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) ”.

F14324

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21325

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I12826

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

Government of Wales Act 2006

I14127

The Government of Wales Act 2006 is amended as follows.

I5628

In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.

I7429

In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—

a

omit paragraph (c) but not the “and” at the end of it, and

b

in paragraph (d) omit “, European Parliamentary elections”.

I9830

1

Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.

2

In subsection (2)—

a

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

b

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

3

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

I4031

In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.

I11132

1

Section 21 (limit on salaries of Assembly members) is amended as follows.

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) ”.

I12133

In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “ retained EU obligations ”.

I5534

Omit section 58B (implementation of EU law: general).

I13035

1

Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.

2

For the heading substitute “ Fees and charges in relation to international law ”.

3

Omit subsections (1) to (4).

4

In subsection (5), for “in pursuance of an EU obligation etc” substitute “ in pursuance of an international obligation ”.

I6536

In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “ Retained ”.

I11337

1

Section 80 (EU law) is amended as follows.

2

In the heading, before “EU” insert “ Retained ”.

3

In subsection (1), for “An EU obligation” substitute “ A retained EU obligation ”.

4

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

5

In subsection (3)—

a

for “an EU obligation” substitute “ a retained EU obligation ”, and

b

for “the EU obligation” substitute “ the retained EU obligation ”.

6

In subsection (7)—

a

for “an EU obligation” substitute “ a retained EU obligation ”, and

b

for “the EU obligation” substitute “ the retained EU obligation ”.

F327

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I8938

In section 111 (proceedings on Bills)—

a

in subsection (6), omit paragraph (b) but not the “or” at the end of it, and

b

in subsection (7)(a), omit “, (b)”.

I12539

Omit section 113 (ECJ references).

I6040

In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

I5441

1

Section 116E (Welsh taxpayers) is amended as follows.

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 (6), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Annotations:
Commencement Information
I54

Sch. 3 para. 41 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I8642

In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Annotations:
Commencement Information
I86

Sch. 3 para. 42 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F19443

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I13344

In section 158(1) (interpretation)—

a

omit the definition of “EU law”, and

b

in the definition of “international obligations” omit “EU law or”.

I14245

In section 159 (index of defined expressions), omit the entry for EU law.

I6846

In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).

I5947

In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—

77

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.

I248

In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

I78a

omit the entry for the European Communities Act 1972, and

b

after the entry for the Energy Act 2008 insert—

The European Union (Withdrawal) Act 2018

The whole Act.

I5849

In Schedule 11 (transitional provisions), omit paragraph 35A and the heading before it (instrument containing provisions under transferred power and provision under power in section 2(2) of the European Communities Act 1972: Assembly procedure).

Northern Ireland Act 1998

I5050

The Northern Ireland Act 1998 is amended as follows.

I351

I801

Section 7 (entrenched enactments) is amended as follows.

2

In subsection (1)—

I80a

for “subsection (2)” substitute “ subsection (2A) ”,

I80b

omit paragraph (a),

c

omit “and” at the end of paragraph (c), and

d

after paragraph (d) insert

; and

e

the European Union (Withdrawal) Act 2018

I803

Omit subsection (2).

4

Before subsection (3) insert—

2A

Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—

a

paragraph 1(11) or (12) or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,

b

paragraph 21 of Schedule 8 to that Act, or

c

any regulations made under that Act.

Annotations:
Commencement Information
I3

Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

I80

Sch. 3 para. 51(1)(2)(a)(b)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I13152

Omit section 12 (reconsideration where reference made to ECJ).

I3353

In section 13 (stages of Bills), omit subsection (5)(b).

I11454

In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

I4155

In the heading of section 24 (EU law, Convention rights etc.)—

a

omit “EU law,”, and

F111b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I11056

1

Section 27 (quotas for purposes of international etc. obligations) is amended as follows.

2

In subsection (1)(a), for “an obligation under EU law” substitute “ a retained EU obligation ”.

3

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

4

In subsection (4), omit “or an obligation under EU law”.

5

After that subsection insert—

4A

Where an order under subsection (1) is in force in relation to a retained EU obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.

F16057

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18658

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I3859

In section 98(1) (interpretation)—

a

omit the definition of “EU law”, and

b

in the definition of “international obligations” omit “EU law or”.

I4860

1

Schedule 2 (excepted matters) is amended as follows.

2

In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “ and obligations under the Human Rights Convention ”.

3

In paragraph 12(1), omit “, the European Parliament”.

I13961

In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” 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, other than ”.

I4762

In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.

SCHEDULE 4Powers in connection with fees and charges

Section 14(1)

Part 1Charging in connection with certain new functions

Power to provide for fees or charges

1

1

An appropriate authority may by regulations make provision for, or in connection with, the charging of fees or other charges in connection with the exercise of a function (“the relevant function”) which a public authority has by virtue of provision made under—

a

section 8 or Part 1 of Schedule 2 (powers to deal with deficiencies arising from withdrawal), F224. . .

F188aa

section 8B or Part 1B of Schedule 2 (powers in connection with Part 3 of the withdrawal agreement and Part 3 of the EEA EFTA separation agreement), or

ab

section 8C or Part 1C of Schedule 2 (powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement)

F224b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Where there is more than one appropriate authority in relation to the relevant function, two or more of the appropriate authorities may make regulations under this paragraph jointly.

3

Regulations under this paragraph may (among other things)—

a

prescribe the fees or charges or make provision as to how they are to be determined;

b

provide for the recovery or disposal of any sums payable under the regulations;

c

confer power on the public authority to make, by subordinate legislation, any provision that the appropriate authority may make under this paragraph in relation to the relevant function.

Meaning of “appropriate authority”

2

1

A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1.

2

The Scottish Ministers are an “appropriate authority” for the purposes of paragraph 1—

a

if the Scottish Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,

b

if the relevant function is a function of the Scottish Ministers, the First Minister or the Lord Advocate, or

c

if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law).

3

The Welsh Ministers are an “appropriate authority” for the purposes of paragraph 1—

a

if the Welsh Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,

b

if the relevant function is a function of the Welsh Ministers, or

c

if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the National Assembly for Wales, would be within the legislative competence of that Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but including any provision that could be made only with consent of a Minister of the Crown).

4

A Northern Ireland department is an “appropriate authority” for the purposes of paragraph 1—

a

if a Northern Ireland department (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,

b

if the relevant function is a function of a Northern Ireland devolved authority, or

c

if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of that Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and

ii

would not require the consent of the Secretary of State.

Minister of the Crown power in relation to devolved authorities

4

A Minister of the Crown may by regulations—

a

prescribe circumstances in which, or functions in relation to which, a devolved authority is to be regarded as being an appropriate authority for the purposes of paragraph 1;

b

provide that a devolved authority that is regarded as being an appropriate authority under regulations made under paragraph (a) may only make regulations under paragraph 1, by virtue of being so regarded, with the consent of a Minister of the Crown;

c

prescribe circumstances in which, or functions in relation to which, a devolved authority may, despite paragraph 3(2), make regulations under paragraph 1 without the consent of a Minister of the Crown.

Time limit for making certain provision

5

1

Subject to F145sub-paragraphs (2) and (2A), no regulations may be made under paragraph 1 after the end of the period of two years beginning with F24IP completion day.

2

After the end of that period, regulations may be made under paragraph 1 for the purposes of—

a

revoking any provision made under that paragraph,

b

altering the amount of any of the fees or charges that are to be charged under any provision made under that paragraph,

c

altering how any of the fees or charges that are to be charged under any provision made under that paragraph are to be determined, or

d

otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under any provision made under that paragraph.

F1292A

This paragraph does not apply in relation to regulations made under paragraph 1(1)(aa) or (ab).

3

This paragraph does not affect the continuation in force of any regulations made at or before the end of the period mentioned in sub-paragraph (1) (including the exercise after the end of that period of any power conferred by regulations made under that paragraph at or before the end of that period).

Relationship to other powers

6

This Part does not affect the powers under F79sections 8 to 8C or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.

Part 2Modifying pre-exit fees or charges

Power to modify pre-exit fees or charges

7

1

Sub-paragraph (2) applies where any subordinate legislation contains provision (“the charging provision”) for, or in connection with, the charging of fees or other charges that—

a

was made under section 2(2) of the European Communities Act 1972, section 56 of the Finance Act 1973 or this Part, and

b

forms part of F331assimilated law.

2

Any appropriate authority may by regulations make provision (“the proposed modification”) modifying the subordinate legislation for the purposes of—

a

revoking the charging provision,

b

altering the amount of any of the fees or charges that are to be charged,

c

altering how any of the fees or charges are to be determined, or

d

otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under the charging provision.

Meaning of “appropriate authority”

8

In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—

a

under section 2(2) of the European Communities Act 1972 immediately before F172IP completion day, or

b

under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph 17 of Schedule 8.

Restriction on exercise of power

9

1

Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.

2

In sub-paragraph (1) “1972 Act provision” means—

a

provision that is made under section 2(2) of the European Communities Act 1972 and not under section 56 of the Finance Act 1973, including such provision as modified under this Part, or

b

provision that is made under this Part and is incidental to, or supplements or replaces, provision within paragraph (a).

Relationship to other powers

11

This Part does not affect the powers under F187sections 8 to 8C or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.

SCHEDULE 5Publication and rules of evidence

Section 15(1) and (2)

Part 1Publication of retained direct EU legislation etc.

Things that must or may be published

I921

C191

The Queen's Printer must make arrangements for the publication of—

a

each relevant instrument that has been published before F227IP completion day by an EU entity, and

b

the relevant international agreements.

2

In this paragraph—

  • “relevant instrument” means—

    1. a

      an EU regulation,

    2. b

      an EU decision, and

    3. c

      EU tertiary legislation;

  • “relevant international agreements” means—

    1. a

      the Treaty on European Union,

    2. b

      the Treaty on the Functioning of the European Union,

    3. c

      the Euratom Treaty, and

    4. d

      the EEA agreement.

3

The Queen's Printer may make arrangements for the publication of—

a

any decision of, or expression of opinion by, the European Court, or

b

any other document published by an EU entity.

4

The Queen's Printer may make arrangements for the publication of anything which the Queen's Printer considers may be useful in connection with anything published under this paragraph.

5

This paragraph does not require the publication of—

a

anything repealed before F177IP completion day, or

b

any modifications made on or after F71IP completion day.

Exceptions from duty to publish

I162

1

A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on F151IP completion day) retained direct EU legislation.

2

An exception is created by giving a direction to the Queen's Printer specifying the instrument or category of instruments that are excepted.

3

A Minister of the Crown must publish any direction under this paragraph.

4

In this paragraph—

  • “instrument” includes part of an instrument;

  • “relevant instrument” has the meaning given by paragraph 1(2).

Part 2Rules of evidence

Questions as to meaning of EU law

I1093

1

Where it is necessary, F198in legal proceedings, to decide a question as to—

a

the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or

b

the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated F40... as a question of law.

2

In this paragraph—

  • F55...

  • “treaty” includes—

    1. a

      any international agreement, and

    2. b

      any protocol or annex to a treaty or international agreement.

Power to make provision about judicial notice and admissibility

I174

1

A Minister of the Crown may by regulations—

a

make provision enabling or requiring judicial notice to be taken of a relevant matter, or

b

provide for the admissibility in any legal proceedings of specified evidence of—

i

a relevant matter, or

ii

instruments or documents issued by or in the custody of an EU entity.

2

Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

3

Regulations under this paragraph may modify any provision made by or under an enactment.

4

In sub-paragraph (3) “enactment” does not include primary legislation passed or made after F66IP completion day.

5

For the purposes of this paragraph each of the following is a “relevant matter”—

F332a

assimilated law,

b

EU law,

c

the EEA agreement,

F105ca

the EEA EFTA separation agreement,

cb

the Swiss citizens' rights agreement,

cc

the withdrawal agreement, and

d

anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) F48, (c), (ca), (cb) or (cc).

SCHEDULE 6Instruments which are exempt EU instruments

Section 20(1)

EU decisions

1

F1301

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

If any decision under Title V or former Title V of the Treaty on European Union is a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union (and accordingly falls within the definition of “EU decision” in section 20(1)), it is “an exempt EU instrument”.

3

In sub-paragraph (2), the reference to former Title V of the Treaty on European Union is a reference to that Title as it had effect at any time before the coming into force of the Treaty of Lisbon.

EU regulations

F642

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EU tertiary legislation

3

EU tertiary legislation is “an exempt EU instrument” so far as it is made under—

a

an EU decision F226... which is an exempt EU instrument, F29...

F29b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

F914

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7Regulations

Section 22

Part 1Scrutiny of powers to deal with deficiencies

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

1

1

A statutory instrument containing regulations under section 8(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Provision falls within this sub-paragraph if it—

a

provides for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,

b

relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,

c

creates, or widens the scope of, a criminal offence, or

d

creates or amends a power to legislate.

3

Any other statutory instrument containing regulations under section 8(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

4

See paragraph 3 for restrictions on the choice of procedure under sub-paragraph (3).

5

A statutory instrument containing regulations under section 8 (3)(b) (including as applied by paragraph 1(3) of Schedule 2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

6

Regulations under Part 1 of Schedule 2 of the Scottish Ministers which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

7

Any other regulations under Part 1 of Schedule 2 of the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

8

A statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

9

Any other statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.

10

See paragraph 4 for restrictions on the choice of procedure under sub-paragraph (9).

11

Regulations under Part 1 of Schedule 2 of a Northern Ireland department which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

12

Any other regulations under Part 1 of Schedule 2 of a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

13

This paragraph—

a

does not apply to regulations to which paragraph 2 applies, and

b

is subject to paragraphs 5 to 8.

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

2

1

This paragraph applies to regulations under Part 1 of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 1(2) are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) or (6) applies and which are subject to the affirmative procedure as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 1(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) F103to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown

3

1

Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 1(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

2

The Minister may not make the instrument so that it is subject to that procedure unless—

a

condition 1 is met, and

b

either condition 2 or 3 is met.

3

Condition 1 is that a Minister of the Crown—

a

has made a statement in writing to the effect that in the Minister's opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

has laid before each House of Parliament—

i

a draft of the instrument, and

ii

a memorandum setting out the statement and the reasons for the Minister's opinion.

4

Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.

5

Condition 3 is that the relevant period has ended without condition 2 being met.

6

Sub-paragraph (7) applies if—

a

a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

b

the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

c

the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

7

Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

8

If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.

9

A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

10

In this paragraph “the relevant period” means the period—

a

beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and

b

ending with whichever of the following is the later—

i

the end of the period of 10 Commons sitting days beginning with that first day, and

ii

the end of the period of 10 Lords sitting days beginning with that first day.

11

For the purposes of sub-paragraph (10)—

a

where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

F183b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183...

12

Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 1(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 1(3) or 5).

13

Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.

Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers

4

1

Sub-paragraph (2) applies if the Welsh Ministers are to make a statutory instrument to which paragraph 1(9) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

2

The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

a

condition 1 is met, and

b

either condition 2 or 3 is met.

3

Condition 1 is that the Welsh Ministers—

a

have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and

b

have laid before the Assembly—

i

a draft of the instrument, and

ii

a memorandum setting out the statement and the reasons for the Welsh Ministers' opinion.

4

Condition 2 is that a committee of the National Assembly for Wales charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

5

Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the National Assembly for Wales as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).

6

In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is—

a

dissolved, or

b

in recess for more than four days.

7

Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 1(9) applies is made that another procedure should apply to the instrument (whether under paragraph 1(9) or 7).

8

Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before the Assembly) does not apply in relation to any statutory instrument to which this paragraph applies.

F469

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown

5

1

Sub-paragraph (2) applies to—

a

a statutory instrument to which paragraph 1(1) applies, or

b

a statutory instrument to which paragraph 1(3) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

2

The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

3

After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

4

Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

5

In calculating the period of 28 days, no account is to be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

either House of Parliament is adjourned for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

8

Paragraph 3 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

Scrutiny procedure in certain urgent deficiencies cases: devolved authorities

6

1

This paragraph applies to—

a

regulations to which paragraph 1(6) applies, or

b

regulations to which paragraph 1(7) applies which would not otherwise be made without being subject to the affirmative procedure.

2

The regulations may be made without being subject to the affirmative procedure if the regulations contain a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to that procedure.

3

After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament.

4

Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

5

In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is—

a

dissolved, or

b

in recess for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

F847

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

1

Sub-paragraph (2) applies to—

a

a statutory instrument to which paragraph 1(8) applies, or

b

a statutory instrument to which paragraph 1(9) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales.

2

The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales if it contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

3

After an instrument is made in accordance with sub-paragraph (2), it must be laid before the National Assembly for Wales.

4

Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

5

In calculating the period of 28 days, no account is to be taken of any time during which the National Assembly for Wales is—

a

dissolved, or

b

in recess for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(9) applies where the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

8

Paragraph 4 does not apply in relation to the instrument if the instrument contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

F89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

1

This paragraph applies to—

a

regulations to which paragraph 1(11) applies, or

b

regulations to which paragraph 1(12) applies which would not otherwise be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly.

2

The regulations may be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly if they contain a declaration that the Northern Ireland department concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

3

After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly.

4

Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.

5

In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

a

dissolved,

b

in recess for more than four days, or

c

adjourned for more than six days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

F1537

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58PART 1AScrutiny of Specific Powers Relating to Withdrawal Agreement Etc.

Annotations:
Amendments (Textual)
F58

Sch. 7 Pt. 1A inserted (23.1.2020 for specified purposes, 31.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(ix), Sch. 5 para. 51 (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxiii); S.I. 2020/518, reg. 2(p)(i)

Powers in connection with Part 4 of the withdrawal agreement

8A

A statutory instrument containing regulations under section 1A(3)(a)(ii) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

8B

1

A statutory instrument containing regulations under section 8A which amend, repeal or revoke—

a

primary legislation, F271...

F271

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Any other statutory instrument containing regulations under section 8A is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

a

primary legislation, F272...

F272

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

4

Any other regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

5

A statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

a

primary legislation, F273...

F273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

6

Any other statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7

Regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

a

primary legislation, F274...

F274

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8

Any other regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8C

1

This paragraph applies to regulations under Part 1A of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

a

primary legislation, F275...

F275

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

a

primary legislation, F276...

F276

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—

a

primary legislation, F277...

F277

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—

a

primary legislation, F278...

F278

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Powers in connection with other separation issues in the withdrawal agreement etc.

8D

1

A statutory instrument containing regulations under section 8B which amend, repeal or revoke—

a

primary legislation, F262...

F262b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Any other statutory instrument containing regulations under section 8B is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

a

primary legislation, F263...

F263b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

4

Any other regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

5

A statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

a

primary legislation, F264...

F264b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

6

Any other statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7

Regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

a

primary legislation, F265...

F265b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8

Any other regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8E

1

This paragraph applies to regulations under Part 1B of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

a

primary legislation,F279...

F279b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

a

primary legislation, F280...

F280b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—

a

primary legislation, F281...

F281b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—

a

primary legislation,F282...

F282b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement

8F

1

A statutory instrument containing regulations under section 8C(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Provision falls within this sub-paragraph if it—

a

amends, repeals or revokes primary legislation F266...,

b

establishes a public authority,

c

relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,

d

creates, or widens the scope of, a criminal offence,

e

creates or amends a power to legislate, or

f

facilitates the access to the market within Great Britain of qualifying Northern Ireland goods.

3

Any other statutory instrument containing regulations under section 8C(1) is subject to annulment in pursuance of a resolution of either House of Parliament.

4

A statutory instrument containing regulations under section 8C(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

5

Regulations under Part 1C of Schedule 2 of the Scottish Ministers acting alone which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6

Any other regulations under Part 1C of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7

A statutory instrument containing regulations under Part 1C of Schedule 2 of the Welsh Ministers acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

8

Any other statutory instrument containing regulations under Part 1C of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

9

Regulations under Part 1C of Schedule 2 of a Northern Ireland department acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

10

Any other regulations under Part 1C of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8G

1

This paragraph applies to regulations under Part 1C of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 8F(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 8F(2) are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 8F(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 8F(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Part 2Scrutiny of other powers under Act

Power to enable challenges to validity of F287assimilated law

Annotations:
Amendments (Textual)

9

1

A statutory instrument containing regulations under paragraph 1(2)(b) of Schedule 1 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

This paragraph is subject to paragraph 19.

F116Power in relation to interpretation of retained EU law

Annotations:
Amendments (Textual)

9A

A statutory instrument containing regulations under section 6(5A) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

F26...

Annotations:
Amendments (Textual)
F26

Sch. 7 para. 10 and cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(3) (with s. 38(3), Sch. 5 para. 66)

F2610

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to repeal provisions relating to retained EU law restrictions

11

A statutory instrument containing regulations under section 12(9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Powers in connection with fees and charges

12

1

A statutory instrument containing regulations of a Minister of the Crown under Schedule 4 which contain provision which does not relate to altering the amount of a fee or charge to reflect changes in the value of money may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Any other statutory instrument containing regulations under Schedule 4 of a Minister of the Crown is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

3

Paragraphs 1(6) to (13)(a) and 2 apply to regulations under Schedule 4 as they apply to regulations under Part 1 of Schedule 2 except that any reference to provision falling within paragraph 1(2) is to be read as a reference to any provision made under Schedule 4 which does not relate to altering the amount of a fee or charge to reflect changes in the value of money.

4

This paragraph is subject to paragraph 19.

Power to make provision about judicial notice and admissibility

13

A statutory instrument containing regulations under paragraph 4 of Schedule 5 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Power to amend the definition of “exit day”

14

A statutory instrument containing regulations under section 20(4) F28is subject to annulment in pursuance of a resolution of either House of Parliament.

Power to make consequential provision

15

1

A statutory instrument containing regulations under section 23(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

2

See paragraph 17 for restrictions on the choice of procedure under sub-paragraph (1).

Power to make transitional, transitory or saving provision

16

1

Sub-paragraph (2) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that—

a

it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and

b

it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph (2).

2

The statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3

Sub-paragraph (4) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that—

a

it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and

b

it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph (4).

4

The statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

Parliamentary committee to sift F94... consequential regulations of a Minister of the Crown

Annotations:
Amendments (Textual)
F94

Words in Sch. 7 para. 17 cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(4) (with s. 38(3), Sch. 5 para. 66)

17

1

Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph F1... 15 applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

2

The Minister may not make the instrument so that it is subject to that procedure unless—

a

condition 1 is met, and

b

either condition 2 or 3 is met.

3

Condition 1 is that a Minister of the Crown—

a

has made a statement in writing to the effect that in the Minister's opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

has laid before each House of Parliament—

i

a draft of the instrument, and

ii

a memorandum setting out the statement and the reasons for the Minister's opinion.

4

Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.

5

Condition 3 is that the relevant period has ended without condition 2 being met.

6

Sub-paragraph (7) applies if—

a

a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

b

the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

c

the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

7

Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

8

If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.

9

A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

10

In this paragraph “the relevant period” means the period—

a

beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House of Parliament as mentioned in sub-paragraph (3)(b)(i), and

b

ending with whichever of the following is the later—

i

the end of the period of 10 Commons sitting days beginning with that first day, and

ii

the end of the period of 10 Lords sitting days beginning with that first day.

11

For the purposes of sub-paragraph (10)—

a

where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

F144b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144...

12

Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph F193... 15 applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph 19).

13

Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.

F45...

Annotations:
Amendments (Textual)
F45

Sch. 7 para. 18 and cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(6) (with s. 38(3), Sch. 5 para. 66)

F4518

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scrutiny procedure for certain powers to which this Part applies in urgent cases

19

1

Sub-paragraph (2) applies to—

a

a statutory instrument to which paragraph 9(1) F112... or 12(1) applies, or

b

a statutory instrument to which paragraph F233... 12(2) or 15 applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

2

The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

3

After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

4

Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

5

In calculating the period of 28 days, no account is to be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

either House of Parliament is adjourned for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

F357

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

Sub-paragraph (9) applies to a statutory instrument to which paragraph F83... 15 applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

9

Paragraph 17 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

Part 3General provision about powers under Act

Scope and nature of powers: general

20

1

Any power to make regulations under this Act—

a

so far as exercisable by a Minister of the Crown or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,

b

so far as exercisable by the Welsh Ministers or by the Welsh Ministers acting jointly with a Minister of the Crown, is exercisable by statutory instrument, and

c

so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).

2

For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

C7C20C621

Any power to make regulations under this Act—

a

may be exercised so as to—

i

modify F33anything which continues to be domestic law by virtue of section 1B(2) or anyF333assimilated law, or

ii

make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and

b

includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision (including provision re-stating F49anything which continues to be domestic law by virtue of section 1B(2), or any F333assimilated law, in a clearer or more accessible way).

22

The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make regulations under this Act.

Scope of consequential and transitional powers

23

1

The fact that anything continues to be, or forms part of, domestic law by virtue of any provision of F182sections 1A to 6 or Schedule 1 does not prevent it from being modified by regulations made under section 23(1) in consequence of any other provision made by or under this Act.

2

Accordingly, F42anything which continues to be domestic law by virtue of section 1B(2) or any F334assimilated law may, for example, be modified by regulations made under section 23(1) in consequence of the repeal of any enactment contained in the European Communities Act 1972.

3

The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with—

a

the repeal of any enactment contained in the European Communities Act 1972, or

b

the withdrawal of the United Kingdom from the EU,

which is additional to that made by any provision of F171sections 1A to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.

4

The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which—

a

is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—

i

the repeal of any enactment contained in the European Communities Act 1972, or

ii

the withdrawal of the United Kingdom from the EU, and

b

is additional to that made by any provision of F148sections 1A to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.

5

Provision of the kind mentioned in sub-paragraph (3) or (4) may (among other things) include further provision treating any provision of that kind as F89anything which continues to be domestic law by virtue of section 1B(2), or as F334assimilated law, for particular purposes or all purposes.

F217Anticipatory exercise of powers in relation to section 1B(2) saved law

Annotations:
Amendments (Textual)

23A

Any power to make regulations under this Act which modify anything which continues to be domestic law by virtue of section 1B(2) is capable of being exercised before exit day so that the regulations come into force on or after exit day.

Anticipatory exercise of powers in relation to retained EU law

24

Any power to make regulations under this Act which modify retained direct EU legislation, anything which is retained EU law by virtue of section 4 or any other retained EU law is capable of being exercised before F74IP completion day so that the regulations come into force on or after F74IP completion day.

F123Anticipatory exercise of powers in relation to the withdrawal agreement etc.

Annotations:
Amendments (Textual)

24A

Any power to make regulations under this Act in relation to the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement, or any modification of any of them which requires ratification, is capable of being exercised before the agreement or (as the case may be) modification concerned is ratified.

Scope of appointed day powers

25

Any power of a Minister of the Crown under this Act to appoint a day includes a power to appoint a time on that day if the Minister considers it appropriate to do so.

Effect of certain provisions in Schedule 8 on scope of powers

26

The modifications made by Part 1 of Schedule 8 and paragraphs 18 to 22 and 31 to 35 of that Schedule do not prevent or otherwise limit the making of different provision, in particular cases or descriptions of case, in regulations under section 23(1) or in any other regulations under this Act.

Disapplication of certain review provisions

C17C227

Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations conferred by this Act.

Explanatory statements for certain powers: appropriateness, equalities etc.

28

1

This paragraph applies where—

a

a statutory instrument containing regulations under section 8(1) F175... or 23(1) or paragraph 1(2) F175... of Schedule 2, or

b

a draft of such an instrument,

is to be laid before each House of Parliament.

2

Before the instrument or draft is laid, the relevant Minister must make a statement to the effect that in the Minister's opinion the instrument or draft does no more than is appropriate.

3

Before the instrument or draft is laid, the relevant Minister must make a statement as to why, in the Minister's opinion—

a

there are good reasons for the instrument or draft, and

b

the provision made by the instrument or draft is a reasonable course of action.

4

Before the instrument or draft is laid, the relevant Minister must make a statement—

a

as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and

b

if it does, explaining the effect of each such amendment, repeal or revocation.

5

Before the instrument or draft is laid, the relevant Minister must make a statement to the effect that, in relation to the instrument or draft, the Minister has, so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.

6

Before the instrument or draft is laid, the relevant Minister must make a statement otherwise explaining—

a

the instrument or draft,

b

its purpose,

c

the law before F218IP completion day which is relevant to it, and

d

its effect (if any) on F335assimilated law.

7

Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph (3) must (among other things) include an explanation of why, in the relevant Minister's opinion, there are good reasons for creating the offence and for the penalty provided in respect of it.

8

If the relevant Minister fails to make a statement required by sub-paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so.

9

A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

10

For the purposes of this paragraph, where an instrument or 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.

11

This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses.

12

In this paragraph—

  • “equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts;

  • “the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument.

29

1

This paragraph applies where—

a

a Scottish statutory instrument containing regulations under Part 1 F6... of Schedule 2, or

b

a draft of such an instrument,

is to be laid before the Scottish Parliament.

2

Before the instrument or draft is laid, the Scottish Ministers must make a statement to the effect that in the Scottish Ministers' opinion the instrument or draft does no more than is appropriate.

3

Before the instrument or draft is laid, the Scottish Ministers must make a statement as to why, in the Scottish Ministers' opinion—

a

there are good reasons for the instrument or draft, and

b

the provision made by the instrument or draft is a reasonable course of action.

4

Before the instrument or draft is laid, the Scottish Ministers must make a statement—

a

as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and

b

if it does, explaining the effect of each such amendment, repeal or revocation.

5

Before the instrument or draft is laid, the Scottish Ministers must make a statement to the effect that, in relation to the instrument or draft, the Scottish Ministers have, so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.

6

Before the instrument or draft is laid, the Scottish Ministers must make a statement otherwise explaining—

a

the instrument or draft,

b

its purpose,

c

the law before F75IP completion day which is relevant to it, and

d

its effect (if any) on retained EU law.

7

Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph (3) must (among other things) include an explanation of why, in the Scottish Ministers' opinion, there are good reasons for creating the offence and for the penalty provided in respect of it.

8

If the Scottish Ministers fail to make a statement required by sub-paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.

9

A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.

10

In this paragraph “equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts.

Further explanatory statements in certain sub-delegation cases

30

1

This paragraph applies where—

a

a statutory instrument containing regulations under section 8(1) F135... or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or

b

a draft of such an instrument,

is to be laid before each House of Parliament.

2

Before the instrument or draft is laid, the relevant Minister must make a statement explaining why it is appropriate to create a relevant sub-delegated power.

3

If the relevant Minister fails to make a statement required by sub-paragraph (2) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so.

4

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

5

Sub-paragraphs (10) and (11) of paragraph 28 apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

6

For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—

a

amending a power to legislate which is exercisable by statutory instrument by a relevant UK authority so that it becomes a relevant sub-delegated power, or

b

providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.

7

In this paragraph—

  • “the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument;

  • “relevant sub-delegated power” means a power to legislate which—

    1. a

      is not exercisable by any of the following—

      1. i

        statutory instrument,

      2. ii

        Scottish statutory instrument, or

      3. iii

        statutory rule, or

    2. b

      is so exercisable by a public authority other than a relevant UK authority;

  • “relevant UK authority” means a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority.

31

1

This paragraph applies where—

a

a Scottish statutory instrument containing regulations under Part 1 F203... of Schedule 2 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or

b

a draft of such an instrument,

is to be laid before the Scottish Parliament.

2

Before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why it is appropriate to create a relevant sub-delegated power.

3

If the Scottish Ministers fail to make a statement required by sub-paragraph (2) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.

4

A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.

5

For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—

a

amending a power to legislate which is exercisable by Scottish statutory instrument by a member of the Scottish Government so that it becomes a relevant sub-delegated power, or

b

providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.

6

In this paragraph “relevant sub-delegated power” means a power to legislate which—

a

is not exercisable by Scottish statutory instrument, or

b

is so exercisable by a public authority other than a member of the Scottish Government.

Annual reports in certain sub-delegation cases

32

1

Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by a Minister of the Crown under section 8(1) F78... or paragraph 1 of Schedule 4 must—

a

if the power has been exercised during a relevant year, and

b

as soon as practicable after the end of the year,

prepare a report on how the power has been exercised during the year.

2

The person must—

a

lay the report before each House of Parliament, and

b

once laid—

i

provide a copy of it to a Minister of the Crown, and

ii

publish it in such manner as the person considers appropriate.

3

In this paragraph—

  • “relevant sub-delegated power” has the same meaning as in paragraph 30;

  • “relevant year” means—

    1. a

      in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and

    2. b

      in any other case, the calendar year.

33

1

Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by the Scottish Ministers by Scottish statutory instrument under Part 1 F189... of Schedule 2 or paragraph 1 of Schedule 4 must—

a

if the power has been exercised during a relevant year, and

b

as soon as practicable after the end of the year,

prepare a report on how the power has been exercised during the year.

2

The person must—

a

lay the report before the Scottish Parliament, and

b

once laid—

i

send a copy of it to the Scottish Ministers, and

ii

publish it in such manner as the person considers appropriate.

3

In this paragraph—

  • “relevant sub-delegated power” has the same meaning as in paragraph 31;

  • “relevant year” means—

    1. a

      in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and

    2. b

      in any other case, the calendar year.

Further explanatory statements in urgency cases

34

1

This paragraph applies where a statutory instrument containing regulations under this Act is to be made by virtue of paragraph 5(2) or 19(2).

2

The Minister of the Crown who is to make the instrument must make a statement in writing explaining the reasons for the Minister's opinion that, by reason of urgency, it is necessary to make the regulations without a draft of the instrument containing them being laid before, and approved by a resolution of, each House of Parliament.

3

A statement under sub-paragraph (2) must be published before, or at the same time as, the instrument as made is laid before each House of Parliament.

4

If the Minister—

a

fails to make the statement required by sub-paragraph (2) before the instrument is made, or

b

fails to publish it as required by sub-paragraph (3),

a Minister of the Crown must make a statement explaining the failure.

5

A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.

6

For the purposes of this paragraph, where an instrument 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.

35

1

This paragraph applies where regulations are to be made by the Scottish Ministers under this Act by virtue of paragraph 6(2) F121....

2

The Scottish Ministers must make a statement in writing explaining the reasons for the Scottish Ministers' opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to the affirmative procedure.

3

A statement under sub-paragraph (2) must be published before, or at the same time as, the regulations as made are laid before the Scottish Parliament.

4

If the Scottish Ministers—

a

fail to make the statement required by sub-paragraph (2) before the regulations are made, or

b

fail to publish it as required by sub-paragraph (3),

they must make a statement explaining the failure.

5

A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.

Hybrid instruments

C18C136

If an instrument, or a draft of an instrument, containing regulations under this Act would, apart from this paragraph, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Procedure on re-exercise of certain powers

37

1

A power to make regulations which, under this Schedule, is capable of being exercised subject to different procedures may (in spite of section 14 of the Interpretation Act 1978) be exercised, when revoking, amending or re-enacting an instrument made under the power, subject to a different procedure from the procedure to which the instrument was subject.

2

For the purposes of sub-paragraph (1) in its application to regulations under section 23(6) no procedure is also a procedure.

Combinations of instruments

38

1

Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made.

2

The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made.

3

Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2).

4

Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the National Assembly for Wales as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to the National Assembly for Wales.

5

Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly.

6

Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, the National Assembly for Wales or (as the case may be) the Northern Ireland Assembly.

7

This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).

SCHEDULE 8Consequential, transitional, transitory and saving provision

Section 23(5) and (7)

Part 1General consequential provision

Existing ambulatory references to F288assimilated direct legislation

Annotations:
Amendments (Textual)

I841

1

Any reference F222so far as it, immediately before F221IP completion day—

a

exists in—

i

any enactment,

ii

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or

iii

any document relating to anything falling within sub-paragraph (i) or (ii), and

b

is a reference to (as it has effect from time to time) any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3,

is to be read, on or after F221IP completion day, as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 and, unless the contrary intention appears, as modified by domestic law from time to time.

2

Sub-paragraph (1) does not apply to any reference F65so far as it forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation—

a

continues to be part of domestic law by virtue of section 2, and

b

is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

3

Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.

F17Existing ambulatory references to relevant separation agreement law

Annotations:
Amendments (Textual)

1A

1

Any reference which, immediately before IP completion day—

a

exists in—

i

any enactment,

ii

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or

iii

any document relating to anything falling within sub-paragraph (i) or (ii), and

b

is a reference to (as it has effect from time to time) any of the EU Treaties, any EU instrument or any other document of an EU entity,

is, if the treaty, instrument or document has effect on or after IP completion day by virtue of section 7A or 7B and so far as required for the purposes of relevant separation agreement law, to be read on or after that day as, or including, a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).

2

In sub-paragraph (1) “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).

3

Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.

Other existing ambulatory references

C14I772

1

Any reference F199so far as it—

a

exists, immediately before F95IP completion day, in—

i

any enactment,

ii

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or

iii

any document relating to anything falling within sub-paragraph (i) or (ii),

b

is not a reference to which paragraph 1(1) applies, and

c

is, immediately before F95IP completion day, a reference to (as it has effect from time to time) any of the EU Treaties, any EU instrument or any other document of an EU entity,

is to be read, on or after F95IP completion day, as a reference to the EU Treaty, instrument or document as it has effect immediately before F95IP completion day.

2

Sub-paragraph (1) does not apply to any reference F15so far as it forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation—

a

continues to be part of domestic law by virtue of section 2, and

b

is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

F1022A

Sub-paragraph (1) does not apply so far as any reference forms part of relevant separation agreement law.

3

Sub-paragraphs (1) F59to (2A) are subject to any other provision made by or under this Act or any other enactment.

F216Existing non-ambulatory references

Annotations:
Amendments (Textual)

C132A

1

Any reference which, immediately before IP completion day—

a

exists in—

i

any enactment, or

ii

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, and

b

is a reference to any of the EU Treaties, any EU instrument or any other document of an EU entity as it has effect at a particular time which is earlier than IP completion day,

is to be read, on or after IP completion day, in accordance with one or more of sub-paragraphs (2) to (4).

2

If the treaty, instrument or document has effect by virtue of section 7A or 7B on or after IP completion day and so far as required for the purposes of relevant separation agreement law, the reference is to be read on or after that day as, or as including, a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).

3

So far as—

a

the reference is a reference to—

i

any EU regulation, EU decision or EU tertiary legislation,

ii

any provision of the EEA agreement, or

iii

any part of anything falling within sub-paragraph (i) or (ii),

b

what has been referred to (“the subject law”) is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and

c

there has been no relevant modification of the subject law after the particular time and before IP completion day (or, where the subject law forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, before exit day),

the reference is to be read, on or after IP completion day, as a reference to the subject law as it forms part of domestic law by virtue of section 3 or (as the case may be) section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.

4

So far as the reference is not to be read in accordance with sub-paragraphs (2) and (3), the reference is to be read, on or after IP completion day, as a reference to the treaty, instrument or document as it had effect in EU law at the particular time.

5

Sub-paragraph (3) does not determine whether, where the subject law is modified by domestic law on or after IP completion day, the reference is to be read as a reference to the subject law as modified; but, where the subject law forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 and is modified by domestic law before IP completion day, the reference is to be read by virtue of sub-paragraph (3) as a reference to the subject law as so modified.

6

This paragraph is subject to any provision made by or under this Act or any other enactment.

6A

This paragraph does not apply to a reference in—

a

the Direct Payments to Farmers (Legislative Continuity) Act 2020 or any subordinate legislation made under that Act, or

b

any F336assimilated direct CAP legislation (within the meaning given by section 2(10) of that Act).

7

In this paragraph—

  • “relevant modification” means any modification in EU law which—

    1. a

      is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and

    2. b

      would, if the reference were to the subject law as modified, result in an alteration to the effect of the reference (ignoring any alteration which is irrelevant in the context concerned);

  • “the subject law” has the meaning given by sub-paragraph (3)(b);

  • “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).

Existing powers to make subordinate legislation etc.

I144C15I513

1

Any power to make, confirm or approve subordinate legislation which—

a

was conferred before the day on which this Act is passed, F256...

F256b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is to be read, so far as the context permits or requires, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any F337assimilated direct legislation F338....

F2572

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I147C15I61C214

F2601

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2602

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2603

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2604

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2605

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2585A

Any subordinate legislation which is (or is to be) made, confirmed or approved by virtue of paragraph 3 is subject to the same procedure (if any) before Parliament, the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as would apply to that legislation if it were amending or revoking an enactment contained in subordinate legislation made under a different power.

6

Any provision which may be made, confirmed or approved by virtue of paragraph 3 may be included in the same instrument as any other provision which may be so made, confirmed or approved.

7

Where more than one procedure of a kind falling within sub-paragraph (8) would otherwise apply in the same legislature for an instrument falling within sub-paragraph (6), the higher procedure is to apply in the legislature concerned.

8

The order of procedures is as follows (the highest first)—

a

a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,

b

a procedure which requires the approval of the instrument in draft before it is made,

c

a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,

d

a procedure which provides for the annulment of the instrument after it is made,

e

a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,

f

no procedure.

9

The references in this paragraph to F261... amending or revoking an enactment contained in subordinate legislation do not include references to F261... amending or revoking an enactment contained in any Northern Ireland legislation which is an Order in Council.

F25910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2675

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2686

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I146C15I115F677

Any power to make, confirm or approve subordinate legislation which, immediately before exit day, is subject to an implied restriction that it is exercisable only compatibly with EU law is to be read—

a

on or after exit day, without that restriction, and

b

on or after IP completion day, without any corresponding restriction in relation to compatibility with F339assimilated law,

so far as the restriction concerned is not applicable to and in the United Kingdom by virtue of the withdrawal agreement.

I143C15I1208

1

Paragraphs 3 to 7 and this paragraph—

a

do not prevent the conferral of wider powers,

F163b

... and

c

are subject to any other provision made by or under this Act or any other enactment.

2

For the purposes of paragraphs 3 and 5—

a

a power is conferred whether or not it is in force, and

b

a power in F340assimilated direct legislation is not conferred before the day on which this Act is passed.

3

A power which, by virtue of paragraph 3 or 5 or any Act of Parliament passed before, and in the same Session as, this Act, is capable of being exercised to modify any retained EU law is capable of being so exercised before F136IP completion day so as to come into force on or after F136IP completion day.

Review provisions in existing subordinate legislation

I909

1

In carrying out a review of a provision of subordinate legislation on or after F156IP completion day (whether under provision made in accordance with section 28 of the Small Business, Enterprise and Employment Act 2015 or otherwise), a person is not required, by any F27pre-IP completion day enactment, to have regard to how any former EU obligation is implemented elsewhere than in the United Kingdom.

2

In this paragraph—

  • “former EU obligation” means an obligation by which the United Kingdom is, as a result of the United Kingdom's withdrawal from the EU, no longer bound at the time of the review;

  • “F161pre-IP completion day enactment” means an Act passed, or subordinate legislation made, before F176IP completion day;

  • “subordinate legislation” does not include an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales.

Future powers to make subordinate legislation

F26910

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27011

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24911A

—

1

This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred—

a

on or after the day on which this Act is passed, and

b

before the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.

2

The power is to be read, so far as the context permits or requires, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any F341assimilated direct legislation F344....

3

But sub-paragraph (2) enables a power in F342assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F343assimilated direct principal legislation F345... only if—

a

the modification is—

i

consistent with any F343assimilated direct principal legislation F345..., and

ii

supplementary, incidental or consequential in connection with any modification of any F342assimilated direct minor legislation, or

b

the power is a power to make, confirm or approve transitional, transitory or saving provision.

F24911B

—

1

This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred on or after the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.

2

The power is to be read, so far as applicable and unless the contrary intention appears, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any F346assimilated direct legislation F349....

3

But sub-paragraph (2) enables a power in F347assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F348assimilated direct principal legislation F350... only if—

a

the modification is—

i

consistent with any F347assimilated direct principal legislation F350 ..., and

ii

supplementary, incidental or consequential in connection with any modification of any F347assimilated direct minor legislation, or

b

the power is a power to make, confirm or approve transitional, transitory or saving provision.

4

For the purposes of sub-paragraph (2), there is no contrary intention merely because a power is expressed as being capable of being exercised—

a

to modify all enactments or a particular category of enactments, or

b

to make a particular category of modifications to all enactments or to a particular category of enactments.

I150C12I8112

1

Paragraphs F25311A and 11B and this paragraph—

a

do not prevent the conferral of wider powers,

F202b

... and

c

are subject to any other provision made by or under this Act or any other enactment.

2

For the purposes of paragraphs F25411A and 11B—

a

a power is conferred whether or not it is in force,

b

a power in F351assimilated direct legislation is conferred on or after the day on which this Act is passed, and

c

the references to powers conferred include powers conferred by regulations under this Act (but not powers conferred by this Act).

3

A power which, by virtue of paragraph 10 or 11 or any Act of Parliament passed after F53this Act and before IP completion day, is capable of being exercised to modify any retained EU law is capable of being so exercised before F215IP completion day so as to come into force on or after F215IP completion day.

F2524

Sub-paragraph (5) applies in relation to a power if—

a

paragraph 11A applies in relation to the power, and

b

immediately before the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023, and by virtue of a combination of provision in the power and paragraph 10 or 11 as it then had effect, the power was capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct EU legislation F352....

5

The continued existence of the provision in the power does not prevent the context from permitting or requiring the power to be read in accordance with paragraph 11A so far as the reading provided for by that paragraph is not provided for by the provision concerned (and, accordingly, the power continues to be capable of being exercised as mentioned in sub-paragraph (4) on and after the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023).

F247...

Annotations:
Amendments (Textual)

F24413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F248...

Annotations:
Amendments (Textual)

F24514

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA

F24615

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I8816

1

This paragraph applies where, on or after F100IP completion day—

a

a Scottish statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, or

b

a draft of such an instrument,

is to be laid before the Scottish Parliament.

2

Before the instrument or draft is laid, the relevant authority must make a statement as to why, in the opinion of the relevant authority, there are good reasons for the amendment or revocation.

3

Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—

a

the law which is relevant to the amendment or revocation, and

b

the effect of the amendment or revocation on F353assimilated law.

4

If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid, the relevant authority must make a statement explaining why the relevant authority has failed to make the statement as so required.

5

A statement under sub-paragraph (2), (3) or (4) must be made in writing and be published in such manner as the relevant authority considers appropriate.

6

This paragraph applies in relation to instruments whether the power to make them is conferred before, on or after F70IP completion day including where the power is conferred by regulations under this Act (but not where it is conferred by this Act).

F2557

The references in this paragraph to subordinate legislation made under section 2(2) of the European Communities Act 1972—

a

do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and

b

do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).

8

In this paragraph “the relevant authority” means—

a

in the case of a Scottish statutory instrument which is not made by the Scottish Ministers, other than an Order in Council, the person who makes, or is to make, the instrument, and

b

in any other case, the Scottish Ministers.

F1409

This paragraph does not apply where the amendment or revocation of subordinate legislation is for the purposes of—

a

the withdrawal agreement (other than Part 4 of that agreement),

b

the EEA EFTA separation agreement, F73...

c

the Swiss citizens' rights agreement F3, or

d

a future relationship agreement.

Part 2Specific consequential provision

Finance Act 1973

I11817

In section 56 of the Finance Act 1973 (charges for services etc. by Government departments), in subsection (1), omit “any EU obligation or”.

Interpretation Act 1978

I1818

The Interpretation Act 1978 is amended as follows.

I10319

In section 21(1) (meaning of “subordinate legislation”) after “any Act” insert “ or made or to be made on or after exit day under any retained direct EU legislation F9other than retained direct EU CAP legislation as so defined ”.

I1920

After section 23 (application to other instruments) insert—

23ZARetained direct EU legislation

1

The provisions of this Act (except sections 1 to 4, 13 and 19(2)) apply, so far as applicable and unless the contrary intention appears, to any retained direct EU legislation so far as it—

a

is amended by an Act, subordinate legislation or devolution legislation, and

b

is not subordinate legislation,

as they apply to an Act passed at the corresponding time.

2

In their application by virtue of subsection (1)—

a

section 10 has effect as if the reference to the passing of the Act were a reference to the corresponding time,

b

section 11 has effect as if the second reference to an Act included a reference to the retained direct EU legislation so far as unamended (as well as a reference to that legislation so far as amended), and

c

section 16(1) has effect as if the reference to the repealing Act not being passed were a reference to the repeal not having been made.

3

References in this Act to the repeal of an enactment are to be read, in the case of an enactment which is retained direct EU legislation, as references to the revocation of the enactment.

4

In Schedule 1—

a

in the definition of “Commencement”, the references to an enactment do not include any retained direct EU legislation other than—

i

any such legislation to which subsection (1) applies, or

ii

any instrument made on or after exit day under any retained direct EU legislation, and

b

in the definitions of “The Corporation Tax Acts” and “The Income Tax Acts”, the references to an enactment do not include any retained direct EU legislation.

5

For the application of this Act to retained direct EU legislation which is subordinate legislation, see section 23(1) and (2).

6

In this section—

  • “corresponding time” means the time when the amending Act, subordinate legislation or devolution legislation was passed or (as the case may be) made, and

  • “devolution legislation” means—

    1. a

      an Act of the Scottish Parliament,

    2. b

      a Measure or Act of the National Assembly for Wales,

    3. c

      Northern Ireland legislation (for the meaning of which see section 24(5)), or

    4. d

      an instrument made under anything falling within paragraph (a), (b) or (c).

I4521

In section 24 (application to Northern Ireland), in subsection (4)—

a

omit “and related expressions”,

b

after “Corporation Tax Acts;” insert—

E.C.S.C. Treaty;

E.E.C. Treaty;

c

after “state;” insert—

Entry date;

The EU or the European Union;

EU institution;

EU instrument;

Euratom, Economic Community and Coal and Steel Community;

Euratom Treaty;

European Court;

d

after “Income Tax Acts;” insert— “ Member (in the expression “member State”); ”, and

e

after “The Tax Acts” insert

;

The Treaties or the EU Treaties

I2022

In Schedule 1 (words and expressions defined)—

I124a

omit “ “The EU” or “the EU Treaties” and other expressions defined by section 1 of and Schedule 1 to the European Communities Act 1972 have the meanings prescribed by that Act.”,

b

omit the definition of “EEA agreement”,

c

omit the definition of “EEA state”,

I73d

in the definition of “enactment”, before “does” insert “ includes any retained direct EU legislation but ”, and

e

at the end insert—

Definitions relating to the EU and the United Kingdom's withdrawal

  • “The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

  • “E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

  • “EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct EU legislation. [8 January 2007]

  • “EEA state”, in relation to a time, means—

    1. a

      a state which at that time is a member State, or

    2. b

      any other state which at that time is a party to the EEA agreement. [8 January 2007]

  • “E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

  • “Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

  • “The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

  • “EU institution” means any institution of the EU.

  • “EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation.

  • “Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

  • “Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

  • “European Court” means the Court of Justice of the European Union.

  • “Exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

  • “Member”, in the expression “member State”, refers to membership of the EU.

  • “Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act).

  • “Retained EU obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before exit day, and

    2. b

      forms part of retained EU law,

    as modified from time to time.

  • “The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day.

European Economic Area Act 1993

I5223

The European Economic Area Act 1993 is amended as follows.

I3524

Omit section 1 (EEA agreement to be an EU Treaty).

I9425

1

Section 2 (consistent application of law to the whole of the EEA) is amended as follows.

2

In subsection (3)—

a

in paragraph (a), after “Act” insert “ as at immediately before exit day ”, and

b

omit paragraph (b), the “or” before that paragraph and the words after that paragraph.

3

After that subsection insert—

3A

This section is subject to any amendment, repeal, revocation or other modification of retained EU law on or after exit day.

4

Omit subsections (4) to (6).

I6726

1

Section 3 (general implementation of the EEA agreement) is amended as follows.

2

In subsection (3)—

a

in paragraph (a), after “Act” insert “ as at immediately before exit day ”, and

b

omit paragraph (b), the “or” before that paragraph and the words after that paragraph.

3

After subsection (4) insert—

4A

This section is subject to any amendment, repeal, revocation or other modification of retained EU law on or after exit day.

I14027

Omit section 4 (modification of section 3 of the European Communities Act 1972).

I4328

In section 6 (interpretation), in subsection (1), in the definition of “the 1972 Act”, after “1972” insert (before its repeal by section 1 of the European Union (Withdrawal) Act 2018)”.

Criminal Procedure (Scotland) Act 1995

I12329

1

Section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings) is amended as follows.

F1332

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In subsection (3), omit paragraph (c).

Human Rights Act 1998

I12630

1

This paragraph has effect for the purposes of the Human Rights Act 1998.

2

Any F355assimilated direct principal legislation is to be treated as primary legislation.

3

Any F354assimilated direct minor legislation is to be treated as primary legislation so far as it amends any primary legislation but otherwise is to be treated as subordinate legislation.

4

In this paragraph “amend”, “primary legislation” and “subordinate legislation” have the same meaning as in the Human Rights Act 1998.

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

I2131

The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.

I2232

1

Section 1 (application of Part 1 of the Act) is amended as follows.

2

In subsection (1)—

a

in paragraph (b), after “day” insert “ , in the case of Scottish instruments made as mentioned in paragraph (a) or (b) of the definition of “Scottish instrument” in subsection (4), ”, and

b

after paragraph (b) (but before the “and” at the end of that paragraph) insert—

ba

Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (c) or (d) of the definition of “Scottish instrument” in subsection (4),

3

In subsection (4)—

a

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

b

after paragraph (b) insert—

c

an Act of the Scottish Parliament (whenever passed) and any retained direct EU legislation (whenever made), or

d

an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct EU legislation (whenever made).

4

After subsection (9) insert—

10

In this section “exit day” (and related expressions) and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

I2333

In section 30 (other instruments laid before the Scottish Parliament), after subsection (6), insert—

7

This section does not apply in relation to any regulations made in accordance with paragraph 6 of Schedule 7 to the European Union (Withdrawal) Act 2018 (including that paragraph as applied by paragraph 19(7) of that Schedule).

I2434

In section 37 (interpretation of Part 2 of the Act)—

a

in the definition of “enactment”, at the end insert “ and any retained direct EU legislation ”,

b

after that definition insert—

  • “retained direct EU legislation” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act),

c

at the end insert—

“subordinate legislation” includes an instrument made or to be made under any retained direct EU legislation on or after exit day (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act)).

I10635

In Schedule 1 (definitions of words and expressions)—

a

omit from “the EU” to “meanings given by that Act”, and

b

at the end insert—

Definitions relating to the EU

  • “The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

  • “E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

  • “E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

  • “Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

  • “The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

  • “EU institution” means any institution of the EU.

  • “EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act)).

  • “Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

  • “Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

  • “European Court” means the Court of Justice of the European Union.

  • “Member”, in the expression “member State”, refers to membership of the EU.

  • “The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day (within the meaning of that Act (see section 20(1) to (5) of that Act)).

Small Business, Enterprise and Employment Act 2015

I2536

In section 30 of the Small Business, Enterprise and Employment Act 2015 (meaning of “provision for review”), in subsection (3)—

a

omit “EU obligation or any other”, and

b

omit “Member States or”.

Part 3General transitional, transitory or saving provision

Continuation of existing acts etc.

I100F17336A

1

Anything done—

a

in connection with anything which continues to be domestic law by virtue of section 1A(2) or 1B(2), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

if in force or effective immediately before exit day, continues to be in force or effective on and after exit day.

2

Anything done—

a

in connection with anything which continues to be domestic law by virtue of section 1A(2) or 1B(2), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

which, immediately before exit day, is in the process of being done continues to be done on and after exit day.

3

Sub-paragraphs (1) and (2) are subject to—

a

sections 1 to 1B and the withdrawal of the United Kingdom from the EU,

b

any provision made under section 23(6) of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, and

c

any other provision made by or under this Act, the European Union (Withdrawal Agreement) Act 2020 or any other enactment.

4

References in this paragraph to anything done include references to anything omitted to be done.

I10137

C31

Anything done—

a

in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

if in force or effective immediately before F86IP completion day, continues to be in force or effective on and after exit day.

2

Anything done—

a

in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

which, immediately before exit day, is in the process of being done continues to be done on and after F104IP completion day.

3

Sub-paragraphs (1) and (2) are subject to—

a

F210sections 1 to 1B and the withdrawal of the United Kingdom from the EU,

b

sections 2 to F137C and Schedule 1,

c

any provision made under section 23(6) F57of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, and

d

any other provision made by or under this Act F231, the European Union (Withdrawal Agreement) Act 2020 or any other enactment.

4

References in this paragraph to anything done include references to anything omitted to be done.

Part 4Specific transitional, transitory and saving provision

Retention of F137saved EU law at end of implementation period

Annotations:
Amendments (Textual)

F10737A

The repeal of section 1A(1) to (4) by section 1A(5) and the repeal of section 1B(1) to (5) by section 1B(6) do not prevent an enactment to which section 2 applies from continuing to be read, on and after IP completion day and by virtue of section 2, in accordance with section 1B(3) or (4).

I7638

Section 4(2)(b) does not apply in relation to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they are of a kind recognised by a court or tribunal in the United Kingdom in a case decided on or after F134IP completion day but begun before F134IP completion day (whether or not as an essential part of the decision in the case).

I12939

1

Subject as follows and subject to F99relevant separation agreement law (for which see section 7C) and any provision made by regulations under section 23(6) F178of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, section 5(4) and paragraphs F3561 and 4 of Schedule 1 apply in relation to anything occurring before F72IP completion day (as well as anything occurring on or after F72IP completion day).

2

Section 5(4) and paragraphs F3571 and 4 of Schedule 1 do not affect any decision of a court or tribunal made before F72IP completion day.

3

Section 5(4) and F358paragraph 4 of Schedule 1 do not apply in relation to any proceedings begun, but not finally decided, before a court or tribunal in the United Kingdom before F72IP completion day.

4

Paragraphs F3591 and 4 of Schedule 1 do not apply in relation to any conduct which occurred before F72IP completion day which gives rise to any criminal liability.

F3605

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3606

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with F72IP completion day so far as the proceedings relate to anything which occurred before F72IP completion day.

Main powers in connection with withdrawal

I2640

The prohibition on making regulations under section F436(5A), 8, F1228AF131... or 23(1) or F113Part 1 or 1A of Schedule 2 after a particular time does not affect the continuation in force of regulations made at or before that time (including the exercise after that time of any power conferred by regulations made at or before that time).

Devolution

I641

I971

The amendments made by section 12 and Part 1 of Schedule 3 do not affect the validity of—

a

any provision of an Act of the Scottish Parliament, Act of the National Assembly for Wales or Act of the Northern Ireland Assembly made before F146IP completion day,

b

any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before F146IP completion day, or

c

any other subordinate legislation made before F146IP completion day.

I972

Accordingly and subject to sub-paragraphs (3) to (10), the validity of anything falling within sub-paragraph (1)(a), (b) or (c) is to be decided by reference to the law before F146IP completion day.

I833

Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Scottish Parliament made before F146IP completion day if the provision—

a

comes into force on or after F146IP completion day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and

b

is made when there are no regulations under section 30A of the Scotland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before F146IP completion day, on or after F146IP completion day) if the provision were made and the regulations were in force at that time.

I834

Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to any provision of an Act of the National Assembly for Wales made before F146IP completion day if the provision—

a

comes into force on or after F146IP completion day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and

b

is made when there are no regulations under section 109A of the Government of Wales Act 2006 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before F146IP completion day, on or after F146IP completion day) if the provision were made and the regulations were in force at that time.

I835

Section 6(2)(d) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Northern Ireland Assembly made before F146IP completion day if the provision—

a

comes into force on or after F146IP completion day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and

b

is made when there are no regulations under section 6A of the Northern Ireland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before F146IP completion day, on or after F146IP completion day) if the provision were made and the regulations were in force at that time.

I836

Section 57(2) of the Scotland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before F146IP completion day of any subordinate legislation if the legislation—

a

comes into force on or after F146IP completion day, and

b

is made, confirmed or approved when there are no regulations under subsection (4) of section 57 of the Scotland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—

i

the making, confirming or approving had occurred at that time,

ii

in the case of legislation confirmed or approved, the legislation was made at that time, and

iii

the regulations were in force at that time.

I837

Section 80(8) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to the making, confirming or approving before F146IP completion day of any subordinate legislation if the legislation—

a

comes into force on or after F146IP completion day, and

b

is made, confirmed or approved when there are no regulations under subsection (8) of section 80 of the Government of Wales Act 2006 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection, so far as relating to retained EU law, when the legislation comes into force if—

i

the making, confirming or approving had occurred at that time,

ii

in the case of legislation confirmed or approved, the legislation was made at that time, and

iii

the regulations were in force at that time.

I838

Section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before F146IP completion day of any subordinate legislation if the legislation—

a

comes into force on or after F146IP completion day, and

b

is made, confirmed or approved when there are no regulations under subsection (3) of section 24 of the Northern Ireland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—

i

the making, confirming or approving had occurred at that time,

ii

in the case of legislation confirmed or approved, the legislation was made at that time, and

iii

the regulations were in force at that time.

I839

For the purposes of sub-paragraphs (3) to (8) assume that the restrictions relating to retained EU law in—

a

sections 30A(1) and 57(4) of the Scotland Act 1998,

b

sections 80(8) and 109A(1) of the Government of Wales Act 2006, and

c

sections 6A(1) and 24(3) of the Northern Ireland Act 1998,

come into force on F146IP completion day.

10

Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to F168the making of regulations under Schedule 2 or 4F168—

a

the making of regulations before exit day under Part 1A of Schedule 2, or

b

the making of regulations under—

i

Part 1B or 1C of Schedule 2, or

ii

Schedule 4.

I13842

The amendments made by Part 1 of Schedule 3 do not affect the validity of any act (other than the making, confirming or approving of subordinate legislation) done before F132IP completion day by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department.

F4143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other provision

44

1

The definition of “relevant criminal offence” in section 20(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “ the age of 21 ”.

2

In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.

I9145

1

The amendment made by paragraph 17 does not affect whether the payment of any fees or other charges may be required under section 56 of the Finance Act 1973 in connection with a service or facilities provided, or an authorisation, certificate or other document issued, before that amendment comes into force.

2

Sub-paragraph (3) applies where—

a

immediately before the amendment made by paragraph 17 comes into force, the payment of fees or other charges could be required, under section 56 of the Finance Act 1973, in connection with the provision of a service or facilities, or issuing an authorisation, certificate or other document, in pursuance of an EU obligation, and

b

after the amendment made by paragraph 17 comes into force—

i

regulations made under that section (whether or not modified under Part 2 of Schedule 4 or otherwise) prescribing the fees or charges, or under which the fees or charges are to be determined, form part of F361assimilated law, and

ii

the service or facilities are provided, or the authorisation, certificate or other document is issued, under or in connection with F362assimilated law.

3

Despite the amendment made by paragraph 17, the payment of fees or other charges may be required, under that section and in accordance with the regulations, in connection with the provision of the service or facilities, or the issuing of the authorisation, certificate or other document.

I27I63I132I99SCHEDULE 9Additional repeals

Section 23(8)

Annotations:
Commencement Information
I27

Sch. 9 in force at 4.7.2018 for specified purposes and for further specified purposes on exit day by S.I. 2018/808, regs. 3(i), 4(b) (with regs. 6-8)

I63

Sch. 9 in force at 31.12.2020 for specified purposes by S.I. 2018/808, reg. 4(b) (as amended by S.I. 2020/74, reg. 3(2)(3))

I132

Sch. 9 in force at 31.12.2020 for specified purposes by S.I. 2020/1622, reg. 2(b) (with reg. 22)

I99

Sch. 9 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(o) (with regs. 8, 9, 22)

Short title

Extent of repeal

European Parliamentary Elections Act 2002

The whole Act.

European Parliament (Representation) Act 2003

The whole Act.

European Union (Amendment) Act 2008

The whole Act.

European Union Act 2011

The whole Act.

European Union (Approval of Treaty Amendment Decision) Act 2012

The whole Act.

European Union (Approvals) Act 2013

The whole Act.

European Union (Approvals) Act 2014

The whole Act.

Serious Crime Act 2015

Section 82.

Section 88(5)(c).

European Union (Finance) Act 2015

The whole Act.

European Union (Approvals) Act 2015

The whole Act.