Search Legislation

European Union (Withdrawal) Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the European Union (Withdrawal) Act 2018, SCHEDULE 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 14(1)

SCHEDULE 4E+W+S+N.I.Powers in connection with fees and charges

This schedule has no associated Explanatory Notes

Part 1 E+W+S+N.I.Charging in connection with certain new functions

Power to provide for fees or chargesE+W+S+N.I.

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—E+W+S+N.I.

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

(b)section 9 or Part 2 of Schedule 2 (powers to implement the withdrawal agreement).

(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”E+W+S+N.I.

2(1)A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1.E+W+S+N.I.

(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.

Requirements for consentE+W+S+N.I.

3(1)A Minister of the Crown may only make regulations under paragraph 1 with the consent of the Treasury.E+W+S+N.I.

(2)A devolved authority may only make regulations under paragraph 1 with the consent of a Minister of the Crown if—

(a)the relevant function is a function of a Minister of the Crown, or

(b)the public authority that has the relevant function—

(i)in the case of the Scottish Ministers, has any functions that can be exercised otherwise than in or as regards Scotland,

(ii)in the case of the Welsh Ministers, has any functions that can be exercised otherwise than in relation to Wales or the Welsh zone, or

(iii)in the case of a Northern Ireland department, has any functions that can be exercised otherwise than in or as regards Northern Ireland and is not an implementation body.

(3)In sub-paragraph (2)(b)(iii) “implementation body” has the same meaning as in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).

Minister of the Crown power in relation to devolved authoritiesE+W+S+N.I.

4A Minister of the Crown may by regulations—E+W+S+N.I.

(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 provisionE+W+S+N.I.

5(1)Subject to sub-paragraph (2), no regulations may be made under paragraph 1 after the end of the period of two years beginning with exit day.E+W+S+N.I.

(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.

(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 powersE+W+S+N.I.

6This Part does not affect the powers under section 8 or 9 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.E+W+S+N.I.

Part 2 E+W+S+N.I.Modifying pre-exit fees or charges

Power to modify pre-exit fees or chargesE+W+S+N.I.

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—E+W+S+N.I.

(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 retained EU 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”E+W+S+N.I.

8In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—E+W+S+N.I.

(a)under section 2(2) of the European Communities Act 1972 immediately before the repeal of that section by section 1, 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 powerE+W+S+N.I.

9(1)Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.E+W+S+N.I.

(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).

Requirement for consentE+W+S+N.I.

10If a Minister of the Crown—E+W+S+N.I.

(a)is an appropriate authority, and

(b)immediately before the amendment of section 56 of the Finance Act 1973 by paragraph 17 of Schedule 8 could only have made the proposed modification under that section,

the Minister may only make that modification under this Part with the consent of the Treasury.

Relationship to other powersE+W+S+N.I.

11This Part does not affect the powers under section 8 or 9 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.E+W+S+N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources