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European Union (Withdrawal) Act 2018

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

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Part 3 E+W+S+N.I.Other amendments of devolution legislation

Scotland Act 1998E+W+S+N.I.

Prospective

6The Scotland Act 1998 is amended as follows.E+W+S+N.I.

Prospective

7In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.E+W+S+N.I.

Prospective

8In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—E+W+S+N.I.

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

(b)omit “, European Parliamentary elections”.

Prospective

9(1)Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.E+W+S+N.I.

(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”.

Prospective

10In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.E+W+S+N.I.

Prospective

11Omit section 34 (ECJ references).E+W+S+N.I.

Prospective

12(1)Section 36 (stages of Bills) is amended as follows.E+W+S+N.I.

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

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

Prospective

13(1)Section 57 (EU law and Convention rights) is amended as follows.E+W+S+N.I.

(2)In the heading—

(a)omit “EU law and”, and

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

(3)Omit subsection (1).

Prospective

14(1)Section 80D (Scottish taxpayers) is amended as follows.E+W+S+N.I.

(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) ”.

Prospective

15In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.E+W+S+N.I.

Prospective

16(1)Section 82 (limits on salaries of members of the Parliament) is amended as follows.E+W+S+N.I.

(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) ”.

Prospective

17(1)Section 106 (power to adapt functions) is amended as follows.E+W+S+N.I.

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

(3)Omit subsection (7).

Prospective

18In section 119 (Consolidated Fund etc.), omit subsection (4).E+W+S+N.I.

Prospective

19(1)Section 126 (interpretation) is amended as follows.E+W+S+N.I.

(2)Omit subsection (9).

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

Prospective

20In section 127 (index of defined expressions), omit the entry for EU law.E+W+S+N.I.

21(1)Schedule 4 (enactments etc. protected from modification) is amended as follows.E+W+S+N.I.

(2)In paragraph 1(2)—

(a)omit paragraph (c), and

(b)after paragraph (f) insert ,

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

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

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Commencement Information

I1Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

Prospective

22In 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. ”E+W+S+N.I.

Prospective

23(1)Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.E+W+S+N.I.

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

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

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

24(1)The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows.E+W+S+N.I.

(2)After the entry for section 30 insert—

Section 30AType C.

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

Section 57(4)Type C.
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 3 para. 24(2)(3) in force for specified purposes at Royal Assent, see s. 25(3)(d)(e)

25After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—E+W+S+N.I.

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

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

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

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

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

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

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

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

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

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Commencement Information

I3Sch. 3 para. 25 in force for specified purposes at Royal Assent, see s. 25(3)(f)

Prospective

26In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.E+W+S+N.I.

Government of Wales Act 2006E+W+S+N.I.

Prospective

27The Government of Wales Act 2006 is amended as follows.E+W+S+N.I.

Prospective

28In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.E+W+S+N.I.

Prospective

29In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—E+W+S+N.I.

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

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

Prospective

30(1)Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.E+W+S+N.I.

(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.

Prospective

31In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.E+W+S+N.I.

Prospective

32(1)Section 21 (limit on salaries of Assembly members) is amended as follows.E+W+S+N.I.

(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) ”.

Prospective

33In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “ retained EU obligations ”.E+W+S+N.I.

Prospective

34Omit section 58B (implementation of EU law: general).E+W+S+N.I.

Prospective

35(1)Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.E+W+S+N.I.

(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 ”.

Prospective

36In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “ Retained ”.E+W+S+N.I.

Prospective

37(1)Section 80 (EU law) is amended as follows.E+W+S+N.I.

(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 ”.

(7)In subsection (9), leave out “and (8)” and insert “ , (8) and (8L) ”.

Prospective

38In section 111 (proceedings on Bills)—E+W+S+N.I.

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

(b)in subsection (7)(a), omit “, (b)”.

Prospective

39Omit section 113 (ECJ references).E+W+S+N.I.

Prospective

40In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.E+W+S+N.I.

Prospective

41(1)Section 116E (Welsh taxpayers) is amended as follows.E+W+S+N.I.

(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) ”.

Prospective

42In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.E+W+S+N.I.

43After section 157 (orders, regulations and directions) insert—E+W+S+N.I.

157ZAExplanatory statements in relation to certain regulations

(1)This section applies where a draft of a statutory instrument containing regulations under section 80(8) or 109A is to be laid before each House of Parliament.

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

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

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

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

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

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

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

(5)This section does not apply to a draft of an instrument which only contains regulations under section 80(8) or 109A which only relate to a revocation of a specification.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 3 para. 43 in force for specified purposes at Royal Assent, see. s. 25(3)(g)

Prospective

44In section 158(1) (interpretation)—E+W+S+N.I.

(a)omit the definition of “EU law”, and

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

Prospective

45In section 159 (index of defined expressions), omit the entry for EU law.E+W+S+N.I.

Prospective

46In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).E+W+S+N.I.

Prospective

47In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—E+W+S+N.I.

77The 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.

48In paragraph 5(1) of Schedule 7B (protected enactments), in the table—E+W+S+N.I.

(a)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 2018The whole Act.
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 3 para. 48(b) in force at Royal Assent, see s. 25(1)(b)

Prospective

49In 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).E+W+S+N.I.

Northern Ireland Act 1998E+W+S+N.I.

Prospective

50The Northern Ireland Act 1998 is amended as follows.E+W+S+N.I.

51(1)Section 7 (entrenched enactments) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

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

(b)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.

(3)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

Prospective

52Omit section 12 (reconsideration where reference made to ECJ).E+W+S+N.I.

Prospective

53In section 13 (stages of Bills), omit subsection (5)(b).E+W+S+N.I.

Prospective

54In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.E+W+S+N.I.

Prospective

55In the heading of section 24 (EU law, Convention rights etc.)—E+W+S+N.I.

(a)omit “EU law,”, and

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

Prospective

56(1)Section 27 (quotas for purposes of international etc. obligations) is amended as follows.E+W+S+N.I.

(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.

57After section 96(4) (orders and regulations) insert—E+W+S+N.I.

(4A)Regulations under section 6A or 24(3)—

(a)shall be made by statutory instrument, and

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 3 para. 57 in force for specified purposes at Royal Assent, see. s. 25(3)(h)

58After section 96 (orders and regulations) insert—E+W+S+N.I.

96AExplanatory statements in relation to certain regulations

(1)This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.

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

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

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

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

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

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

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

(5)In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.

(6)This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 3 para. 58 in force for specified purposes at Royal Assent, see s. 25(3)(h)

Prospective

59In section 98(1) (interpretation)—E+W+S+N.I.

(a)omit the definition of “EU law”, and

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

Prospective

60(1)Schedule 2 (excepted matters) is amended as follows.E+W+S+N.I.

(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”.

Prospective

61In 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 ”.E+W+S+N.I.

Prospective

62In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.E+W+S+N.I.

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