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European Union (Withdrawal) Act 2018

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  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: Northern Ireland Act 1998. Help about Changes to Legislation

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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.

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

I1Sch. 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.

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. 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.

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

I3Sch. 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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