10(1)This paragraph applies to any power to make, confirm or approve subordinate legislation which is conferred on or after the day on which this Act is passed.U.K.
(2)Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may—
(a)so far as is consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and
(b)so far as applicable and unless the contrary intention appears,
be exercised to modify (or, as the case may be, result in the modification of) any retained direct minor EU legislation.
(3)Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may, so far as applicable and unless the contrary intention appears, be exercised to modify (or, as the case may be, result in the modification of)—
(a)any retained direct principal EU legislation, or
(b)anything which is retained EU law by virtue of section 4,
so far as the modification is supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation by virtue of sub-paragraph (2).
(4)Any power to which this paragraph applies so far as it is a power to make, confirm or approve transitional, transitory or saving provision may, so far as applicable and unless the contrary intention appears, be exercised to modify (or, as the case may be, result in the modification of)—
(a)any retained direct EU legislation, or
(b)anything which is retained EU law by virtue of section 4.
Modifications etc. (not altering text)
C1Sch. 8 paras. 10-12 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)
Commencement Information
I1Sch. 8 para. 10 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I2Sch. 8 para. 10 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)
11(1)Sub-paragraph (2) applies to any power to make, confirm or approve subordinate legislation which—U.K.
(a)is conferred on or after the day on which this Act is passed, and
(b)is capable of being exercised to amend or revoke (or, as the case may be, result in the amendment or revocation of) any retained direct principal EU legislation.
(2)The power may, so far as applicable and unless the contrary intention appears, be exercised—
(a)to modify otherwise than by way of amendment or revocation (or, as the case may be, result in such modification of) any retained direct principal EU legislation, or
(b)to modify (or, as the case may be, result in the modification of) anything which is retained EU law by virtue of section 4.
Modifications etc. (not altering text)
C1Sch. 8 paras. 10-12 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)
Commencement Information
I3Sch. 8 para. 11 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I4Sch. 8 para. 11 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)
12(1)Paragraphs 10 and 11 and this paragraph—U.K.
(a)do not prevent the conferral of wider powers,
F1(b)... and
(c)are subject to any other provision made by or under this Act or any other enactment.
(2)For the purposes of paragraphs 10 and 11—
(a)a power is conferred whether or not it is in force,
(b)a power in retained direct EU 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 [F2this Act and before IP completion day], is capable of being exercised to modify any retained EU law is capable of being so exercised before [F3IP completion day] so as to come into force on or after [F3IP completion day].
Textual Amendments
F1Sch. 8 para. 12(1)(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(4)(c)
F2Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(i) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)
F3Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(ii) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)
Modifications etc. (not altering text)
C1Sch. 8 paras. 10-12 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)
Commencement Information
I5Sch. 8 para. 12 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I6Sch. 8 para. 12 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)