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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.

Changes to legislation:

There are currently no known outstanding effects for the European Union (Withdrawal) Act 2018, Cross Heading: Government of Wales Act 2006. Help about Changes to Legislation

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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

I1Sch. 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.
Annotations: Help about Annotation
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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. 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.

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