The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

PART 1 U.K. Introduction

Citation, commencement, extent and interpretation U.K.

1.—(1) These Regulations may be cited as the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 and come into force in accordance with paragraphs (2) and (3).

(2) The following come into force on the day after the day on which these Regulations are made—

(a) this regulation and regulations 7 and 8;

(b) regulation 4(5) insofar as it relates to the following definitions (definitions relating to EU Exit)—

(i) “exit day” (and related expressions);

(ii) “retained EU law”;

(iii) “retained direct minor EU legislation”;

(iv) “retained direct principal EU legislation”;

(v) “retained direct EU legislation”;

(vi) “retained EU obligation”;

(c) regulation 4(6)(d).

(3) Otherwise, these Regulations come into force on exit day.

(4) Any provision of these Regulations which amends, repeals or revokes an enactment has the same extent as the enactment amended, repealed or revoked.

(5) In these Regulations “the Act” means the European Union (Withdrawal) Act 2018.

Commencement Information

I1 Reg. 1 in force at 22.3.2019, see reg. 1(2)(a)

PART 2 U.K. Interpretation of references to EU instruments etc.

Prospective

Interpretation of non-ambulatory references to direct EU legislation etc. U.K.

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(2), 10

Interpretation of references created on or after exit day to EU regulations etc. U.K.

3.—(1) The Interpretation Act 1978 M1 is amended as follows.

(2) In section 20 (references to other enactments), after subsection (2), insert—

“(3) Where an Act passed on or after exit day refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement, the reference, unless the contrary intention appears, is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 [F2 or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020].

(4) Subsection (3) does not determine any question as to whether the reference is to be read as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as modified by domestic law (and, accordingly, is without prejudice to subsection (2)).

(5) Any expression in subsection (3) or (4) which is defined in the European Union (Withdrawal) Act 2018 has the same meaning in that subsection as in that Act.”

(3) In section 22(1) (application to Acts and Measures) after “subject” insert “ , in the case of section 20(3) to (5), to the provision made in section 20(3) and ”.

Textual Amendments

F2 Words in reg. 3(2) inserted (30.4.2020) by The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463), regs. 1(1), 10(4)

Commencement Information

I2 Reg. 3 in force on IP completion day, see reg. 1(3); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 1978 c. 30.

PART 3 U.K. Scotland

Amendments of Interpretation and Legislative Reform (Scotland) Act 2010 U.K.

4.—(1) The Interpretation and Legislative Reform (Scotland) Act 2010 M2 is amended as follows.

(2) In section 1 (application of Part 1 of the Act), omit subsection (10).

(3) In section 14 (references to other legislative provisions), after subsection (2), insert—

“(3) A reference in—

(a) an Act of the Scottish Parliament the Bill for which received Royal Assent on or after exit day, or

(b) a Scottish instrument made on or after exit day,

to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 [F3 or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020].

(4) Subsection (3) does not determine any question as to whether the reference is to be read as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as modified by domestic law (and, accordingly, is without prejudice to subsections (1) and (2)).

(5) Any expression in subsection (3) or (4) which is defined in the European Union (Withdrawal) Act 2018 has the same meaning in that subsection as in that Act.”

(4) In section 37 (interpretation of Part 2 of the Act)—

(a) in the definition of “enactment”, omit the words “and any retained direct EU legislation”, and

(b) omit the definitions of “retained direct EU legislation” and “subordinate legislation”.

(5) In section 55 (transitional Orders: revocation and savings)—

(a) in subsection (2), after “before that day” insert “ (but subject to the modifications in subsections (2A) and (2B)) ”, and

(b) after subsection (2) insert—

“(2A) The modification is that in article 2(1) (interpretation) the definition of “enactment” is to be read as if the words “(as that section had effect immediately before 4 June 2010) and includes any retained direct EU legislation” were inserted after “1998”.

(2B) The modifications are that Schedule 2 (general definitions) is to be read as if—

(a) there were inserted after the title of the Schedule—

“Definitions”,

(b) in the fourth entry, the words from “The” to “prescribed by that Act;” were omitted,

(c) the definitions of “EEA agreement” and “EEA state” were omitted, and

(d) there were inserted at the end—

“Definitions relating to EU exit

• “exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

• “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act).

• “retained EU obligation” means an obligation that—

  (a)

  was created or arose by or under the EU Treaties before exit day, and

  (b)

  forms part of retained EU law,

  as modified from time to time.

Definitions relating to the EU

“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct EU legislation.

“EEA state”, in relation to a time, means—

(a)

a state which at that time is a member State, or

(b)

any other state which at that time is a party to the EEA agreement.

“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

“The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

“EU institution” means any institution of the EU.

“EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation.

“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

“European Court” means the Court of Justice of the European Union.

“Member”, in the expression “member State”, refers to membership of the EU.

“The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day.””

(6) In Schedule 1 (definitions of words and expressions)—

(a) before the definition of “Act” insert—

“Definitions”,

(b) in the definition of “enactment”—

(i) after paragraph (d) insert—

(“da) any retained direct EU legislation,”, and

(ii) in paragraph (e), for “or instrument” substitute “ , instrument or retained direct EU legislation ”,

(c) in the definition of “subordinate legislation”, at the end insert “ or made or to be made on or after exit day under any retained direct EU legislation ”, and

(d) at the end insert—

“Definitions relating to EU exit

• “exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

• “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act).

• “retained EU obligation” means an obligation that—

  (a)

  was created or arose by or under the EU Treaties before exit day, and

  (b)

  forms part of retained EU law,

  as modified from time to time.”

Textual Amendments

F3 Words in reg. 4(3) inserted (30.4.2020) by The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463), regs. 1(1), 10(5)

Modifications etc. (not altering text)

C1 Reg. 4(5) modified (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 6

Commencement Information

I3 Reg. 4(1)-(4)(6)(a)-(c) in force on IP completion day, see reg. 1(3); 2020 c. 1, Sch. 5 para. 1(1)

I4 Reg. 4(5) in force at 22.3.2019 for specified purposes, see reg. 1(2)(b)

I5 Reg. 4(6)(d) in force at 22.3.2019, see reg. 1(2)(c)

Marginal Citations

M2 2010 asp 10.

PART 4 U.K. Northern Ireland

“Statutory provision” to include retained direct EU legislation U.K.

5.—(1) In section 1(f) of the Interpretation Act (Northern Ireland) 1954 M3 (meaning of “statutory provision”)—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) at the end of [F5 sub-paragraph (ii)] insert “ or ”, and

[F6 (c) after sub-paragraph (ii) insert—

“(iii) any retained direct EU legislation not falling within sub-paragraph (ii) for the time being in force in Northern Ireland;”.]

(2) Paragraph (3) applies to an enactment that, before [F7 IP completion day], contains a reference to a “statutory provision” as defined by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

(3) The amendments made by paragraph (1) do not affect the reference if the contrary intention appears in the enactment.

Textual Amendments

F4 Reg. 5(1)(a) omitted (30.4.2020) by virtue of The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463), regs. 1(1), 10(6)(a)

F5 Words in reg. 5(1)(b) substituted (30.4.2020) by The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463), regs. 1(1), 10(6)(b)

F6 Reg. 5(1)(c) substituted (30.4.2020) by The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463), regs. 1(1), 10(6)(c)

F7 Words in reg. 5(2) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 4

Commencement Information

I6 Reg. 5 in force on IP completion day, see reg. 1(3); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M3 1954 c. 33 (N.I.).

Interpretation of certain Northern Ireland references to EU regulations etc. U.K.

6.—(1) In section 11 of the Interpretation Act (Northern Ireland) 1954 (references in enactments), after subsection (1) insert—

“(1A) Subsection (1) does not apply to a reference in an enactment to retained direct EU legislation which is not subordinate legislation for the purposes of the Interpretation Act 1978.

(1B) Subsection (1C) applies to a reference in an enactment which is, by virtue of regulation 2(2) of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019, to be read as a reference to what has been referred to as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2019.

(1C) As well as being so read, the reference shall be construed as a reference to what has been referred to as for the time being amended by statutory provision coming into operation on or after exit day.

(1D) Subsection (1E) applies where—

(a) an enactment passed or made on or after exit day refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement, and

(b) that EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.

(1E) The reference shall be construed as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as for the time being amended by statutory provision coming into operation on or after exit day.

(1F) In subsections (1B) to (1E), “EU regulation”, “EU decision”, “EU tertiary legislation” and “domestic law” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act).”

(2) In section 12(2) of the Interpretation Act (Northern Ireland) 1954 (amending provisions), for “sub-section (1)” substitute “ subsections (1) and (1B) to (1E) ”.

Commencement Information

I7 Reg. 6 in force on IP completion day, see reg. 1(3); 2020 c. 1, Sch. 5 para. 1(1)

Definitions relating to the United Kingdom's withdrawal from the European Union U.K.

7.—(1) After section 44 of the Interpretation Act (Northern Ireland) 1954 insert—

“44A.    Definitions relating to the United Kingdom's withdrawal from the European Union

In an enactment—

• “exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act),

• “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act),

• “retained EU obligation” means an obligation that—

  (a)

  was created or arose by or under the EU Treaties before exit day, and

  (b)

  forms part of retained EU law,

  as modified from time to time.”

(2) Section 44A of the Interpretation Act (Northern Ireland) 1954 (“the 1954 Act”) applies to an Act of the Parliament of Ireland to which the provisions of the 1954 Act are not applied as that section applies to an Act within the meaning of section 1(a) of the 1954 Act.

Commencement Information

I8 Reg. 7 in force at 22.3.2019, see reg. 1(2)(a)

Retained direct EU legislation: laying of documents before Northern Ireland Assembly U.K.

8.—(1) This regulation applies where under retained direct EU legislation [F8 , or legislation referred to in paragraph 7(b) of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020,] a document requires to be, or may be, laid before the Northern Ireland Assembly.

(2) The delivery of a copy of the document to the Business Office of the Assembly is, for all purposes, to be taken to be the laying of it before the Assembly.

Textual Amendments

F8 Words in reg. 8(1) inserted (30.4.2020) by The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463), regs. 1(1), 10(7)

Commencement Information

I9 Reg. 8 in force at 22.3.2019, see reg. 1(2)(a)

PART 5 U.K. Repeals and revocations

Repeals and revocations U.K.

9.—(1) The enactments mentioned in Part 1 of the Schedule are repealed to the extent specified.

(2) The enactments mentioned in Part 2 of the Schedule are revoked to the extent specified.

(3) Part 3 of the Schedule (which contains transitional provisions in relation to the repeals in Part 1) has effect.

Commencement Information

I10 Reg. 9 in force on IP completion day, see reg. 1(3); 2020 c. 1, Sch. 5 para. 1(1)

Signed by authority of the Secretary of State for Exiting the European Union.

Chris Heaton-Harris

Parliamentary Under Secretary of State,

Department for Exiting the European Union