Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2)

SCHEDULES

Section 6

SCHEDULE 1 Consequential provision

Existing ambulatory references to EU legislation becoming part of domestic law under section 1

1 (1) Any reference which, immediately before exit day—

(a) exists in—

(i) any enactment,

(ii) any provision of EU legislation listed in section 1(3) that is to form part of domestic law by virtue of section 1(1), or

(iii) any document relating to anything falling within sub-paragraph (i) or (ii), and

(b) is a reference to (as it has effect from time to time) any provision of EU legislation listed in section 1(3) that forms part of domestic law by virtue of section 1(1),

is to be read, on and after exit day, as a reference to the EU provision as it forms part of domestic law by virtue of section 1(1) and, unless the contrary intention appears, as modified by domestic law from time to time.

(2) Sub-paragraph (1) is subject to any other provision made by or under this Act or any other enactment.

Disapplication in relation to EU legislation becoming part of domestic law under section 1 of other provision relating to ambulatory references

2 Paragraph 2 of Schedule 8 to the European Union (Withdrawal) Act 2018 (interpretation of ambulatory references) does not apply to a reference to any EU legislation listed in section 1(3) that forms part of domestic law by virtue of section 1(1).

Meaning of “retained EU law” etc

3 In Schedule 1 to the Interpretation Act 1978, in the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”, at the end insert “(see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020)”.

4 In schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010, in the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”, at the end insert “(see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020)”.

5 In Schedule 1 to the Legislation (Wales) Act 2019 (anaw 4)—

(a) in the English language text, in the entries for “retained direct EU legislation (deddfwriaeth uniongyrchol UE a ddargedwir)”, “retained direct minor EU legislation (mân ddeddfwriaeth uniongyrchol UE a ddargedwir) and retained direct principal EU legislation (prif ddeddfwriaeth uniongyrchol UE a ddargwediwr)” and “retained EU law (cyfraith UE a ddargedwir)” at the end insert—

“(see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020)”, and

(b) in the Welsh language text, in the entries for “deddfwriaeth uniongyrchol UE a ddargedwir (retained direct EU legislation)”, “mân ddeddfwriaeth uniongyrchol UE a ddargedwir (retained direct minor EU legislation) a prif ddeddfwriaeth uniongyrchol UE a ddargwediwr (retained direct principal EU legislation)” and “cyfraith UE a ddargedwir (retained EU law)” at the end insert—

“(gweler hefyd paragraff 7 of Atodlen 1 i Ddeddf Taliadau Uniongyrchol i Ffermwyr (Parhad Deddfwriaethol) 2020)”.

6 In section 44A of the Interpretation Act (Northern Ireland) 1954, in the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”, at the end insert “(see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020)”.

7 For the purposes of the definitions amended by paragraphs 3 to 6—

(a) EU legislation that forms part of domestic law by virtue of section 1(1) (as that body of law is added to or otherwise modified by domestic law from time to time) is to be treated as retained EU law,

(b) EU legislation that forms part of domestic law by virtue of section 1(1) (as modified by domestic law from time to time and including any instruments made under it on or after exit day) is to be treated as retained direct EU legislation,

(c) EU legislation listed in section 1(3)(a) and (d)(i) that forms part of domestic law by virtue of section 1(1) (as modified by domestic law from time to time) is to be treated as retained direct principal EU legislation, and

(d) EU legislation that—

(i) forms part of domestic law by virtue of section 1(1) (as modified by domestic law from time to time and including any instruments made under it on or after exit day), but

(ii) is not treated as retained direct principal EU legislation by virtue of paragraph (c),

is to be treated as retained direct minor EU legislation.

8 Nothing in paragraph 3 or 7 affects the meaning in the European Union (Withdrawal) Act 2018 of the terms mentioned in paragraph 3.