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European Union (Withdrawal) Act 2018

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Repeal of the ECA

    1. 1.Repeal of the European Communities Act 1972

  3. Retention of existing EU law

    1. 2.Saving for EU-derived domestic legislation

    2. 3.Incorporation of direct EU legislation

    3. 4.Saving for rights etc. under section 2(1) of the ECA

    4. 5.Exceptions to savings and incorporation

    5. 6.Interpretation of retained EU law

    6. 7.Status of retained EU law

  4. Main powers in connection with withdrawal

    1. 8.Dealing with deficiencies arising from withdrawal

    2. 9.Implementing the withdrawal agreement

  5. Devolution

    1. 10.Continuation of North-South co-operation and the prevention of new border arrangements

    2. 11.Powers involving devolved authorities corresponding to sections 8 and 9

    3. 12.Retaining EU restrictions in devolution legislation etc.

  6. Parliamentary approval of outcome of EU negotiations

    1. 13.Parliamentary approval of the outcome of negotiations with the EU

  7. Financial and other matters

    1. 14.Financial provision

    2. 15.Publication and rules of evidence

    3. 16.Maintenance of environmental principles etc.

    4. 17.Family unity for those seeking asylum or other protection in Europe

    5. 18.Customs arrangement as part of the framework for the future relationship

    6. 19.Future interaction with the law and agencies of the EU

  8. General and final provision

    1. 20.Interpretation

    2. 21.Index of defined expressions

    3. 22.Regulations

    4. 23.Consequential and transitional provision

    5. 24.Extent

    6. 25.Commencement and short title

  9. SCHEDULES

    1. SCHEDULE 1

      Further provision about exceptions to savings and incorporation

      1. 1.Challenges to validity of retained EU law

      2. 2.General principles of EU law

      3. 3.(1) There is no right of action in domestic law...

      4. 4.Rule in Francovich

      5. 5.Interpretation

    2. SCHEDULE 2

      Corresponding powers involving devolved authorities

      1. Part 1 Dealing with deficiencies arising from withdrawal

        1. 1.Power to deal with deficiencies

        2. 2.No power to make provision outside devolved competence

        3. 3.No power to modify retained direct EU legislation or confer certain functions

        4. 4.Requirement for consultation in certain circumstances

        5. 5.Requirement for consent where it would otherwise be required

        6. 6.Requirement for joint exercise where it would otherwise be required

        7. 7.Requirement for consultation where it would otherwise be required

        8. 8.Meaning of devolved competence: Part 1

        9. 9.(1) A provision is within the devolved competence of the...

        10. 10.(1) A provision is within the devolved competence of a...

        11. 11.References in paragraphs 8 to 10, in connection with the...

      2. Part 2 Implementing the withdrawal agreement

        1. 12.Power to implement withdrawal agreement

        2. 13.No power to make provision outside devolved competence

        3. 14.No power to modify retained direct EU legislation etc.

        4. 15.Requirement for consultation in certain circumstances

        5. 16.Certain requirements for consent, joint exercise or consultation

        6. 17.Meaning of devolved competence: Part 2

        7. 18.A provision is within the devolved competence of the Welsh...

        8. 19.A provision is within the devolved competence of a Northern...

    3. SCHEDULE 3

      Further amendments of devolution legislation and reporting requirement

      1. Part 1 Corresponding provision in relation to executive competence

        1. 1.Scotland Act 1998

        2. 2.Government of Wales Act 2006

        3. 3.Northern Ireland Act 1998

      2. Part 2 Reports in connection with retained EU law restrictions

        1. 4.Reports on progress towards removing retained EU law restrictions

        2. 5.Interpretation

      3. Part 3 Other amendments of devolution legislation

        1. 6.Scotland Act 1998

        2. 7.In section 2 (ordinary general elections), in subsection (2A), omit...

        3. 8.In section 12 (power of the Scottish Ministers to make...

        4. 9.(1) Section 12A (power of the Secretary of State to...

        5. 10.In section 32 (submission of Bills for Royal Assent), in...

        6. 11.Omit section 34 (ECJ references).

        7. 12.(1) Section 36 (stages of Bills) is amended as follows....

        8. 13.(1) Section 57 (EU law and Convention rights) is amended...

        9. 14.(1) Section 80D (Scottish taxpayers) is amended as follows.

        10. 15.In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a),...

        11. 16.(1) Section 82 (limits on salaries of members of the...

        12. 17.(1) Section 106 (power to adapt functions) is amended as...

        13. 18.In section 119 (Consolidated Fund etc.), omit subsection (4).

        14. 19.(1) Section 126 (interpretation) is amended as follows.

        15. 20.In section 127 (index of defined expressions), omit the entry...

        16. 21.(1) Schedule 4 (enactments etc. protected from modification) is amended...

        17. 22.In Part 2 of Schedule 5 (specific reservations), in section...

        18. 23.(1) Paragraph 1 of Schedule 6 (devolution issues) is amended...

        19. 24.(1) The table in paragraph 1(2) of Schedule 7 (procedure...

        20. 25.After paragraph 5 of Schedule 7 (procedure for subordinate legislation:...

        21. 26.In Schedule 8 (modifications of enactments), omit paragraph 15 and...

        22. 27.Government of Wales Act 2006

        23. 28.In section 3 (ordinary general elections), in subsection (1A), omit...

        24. 29.In section 13(5) (power of the Welsh Ministers to make...

        25. 30.(1) Section 13A (power of the Secretary of State to...

        26. 31.In section 16(3) (disqualification from being Assembly member) omit “(other...

        27. 32.(1) Section 21 (limit on salaries of Assembly members) is...

        28. 33.In section 58A (executive ministerial functions), in subsection (4)(d), for...

        29. 34.Omit section 58B (implementation of EU law: general).

        30. 35.(1) Section 59 (implementation of EU law: designation of Welsh...

        31. 36.In the heading before section 80 (EU law, human rights...

        32. 37.(1) Section 80 (EU law) is amended as follows.

        33. 38.In section 111 (proceedings on Bills)— (a) in subsection (6),...

        34. 39.Omit section 113 (ECJ references).

        35. 40.In section 115 (Royal Assent), in subsection (3), omit paragraph...

        36. 41.(1) Section 116E (Welsh taxpayers) is amended as follows.

        37. 42.In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a),...

        38. 43.After section 157 (orders, regulations and directions) insert— Explanatory statements...

        39. 44.In section 158(1) (interpretation)— (a) omit the definition of “EU...

        40. 45.In section 159 (index of defined expressions), omit the entry...

        41. 46.In Schedule 3 (transfer etc. of functions: further provisions), omit...

        42. 47.In Part 2 of Schedule 7A (specific reservations), in section...

        43. 48.In paragraph 5(1) of Schedule 7B (protected enactments), in the...

        44. 49.In Schedule 11 (transitional provisions), omit paragraph 35A and the...

        45. 50.Northern Ireland Act 1998

        46. 51.(1) Section 7 (entrenched enactments) is amended as follows.

        47. 52.Omit section 12 (reconsideration where reference made to ECJ).

        48. 53.In section 13 (stages of Bills), omit subsection (5)(b).

        49. 54.In section 14 (submission of Bills by the Secretary of...

        50. 55.In the heading of section 24 (EU law, Convention rights...

        51. 56.(1) Section 27 (quotas for purposes of international etc. obligations)...

        52. 57.After section 96(4) (orders and regulations) insert—

        53. 58.After section 96 (orders and regulations) insert— Explanatory statements in...

        54. 59.In section 98(1) (interpretation)— (a) omit the definition of “EU...

        55. 60.(1) Schedule 2 (excepted matters) is amended as follows.

        56. 61.In Schedule 3 (reserved matters), in paragraph 38, for the...

        57. 62.In paragraph 1(c) of Schedule 10 (devolution issues) omit the...

    4. SCHEDULE 4

      Powers in connection with fees and charges

      1. Part 1 Charging in connection with certain new functions

        1. 1.Power to provide for fees or charges

        2. 2.Meaning of “appropriate authority”

        3. 3.Requirements for consent

        4. 4.Minister of the Crown power in relation to devolved authorities

        5. 5.Time limit for making certain provision

        6. 6.Relationship to other powers

      2. Part 2 Modifying pre-exit fees or charges

        1. 7.Power to modify pre-exit fees or charges

        2. 8.Meaning of “appropriate authority”

        3. 9.Restriction on exercise of power

        4. 10.Requirement for consent

        5. 11.Relationship to other powers

    5. SCHEDULE 5

      Publication and rules of evidence

      1. Part 1 Publication of retained direct EU legislation etc.

        1. 1.Things that must or may be published

        2. 2.Exceptions from duty to publish

      2. Part 2 Rules of evidence

        1. 3.Questions as to meaning of EU law

        2. 4.Power to make provision about judicial notice and admissibility

    6. SCHEDULE 6

      Instruments which are exempt EU instruments

      1. 1.EU decisions

      2. 2.EU regulations

      3. 3.EU tertiary legislation

      4. 4.Interpretation

    7. SCHEDULE 7

      Regulations

      1. Part 1 Scrutiny of powers to deal with deficiencies

        1. 1.Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

        2. 2.Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

        3. 3.Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown

        4. 4.Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers

        5. 5.Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown

        6. 6.Scrutiny procedure in certain urgent deficiencies cases: devolved authorities

        7. 7.(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...

        8. 8.(1) This paragraph applies to— (a) regulations to which paragraph...

      2. Part 2 Scrutiny of other powers under Act

        1. 9.Power to enable challenges to validity of retained EU law

        2. 10.Power to implement withdrawal agreement

        3. 11.Power to repeal provisions relating to retained EU law restrictions

        4. 12.Powers in connection with fees and charges

        5. 13.Power to make provision about judicial notice and admissibility

        6. 14.Power to amend the definition of “exit day”

        7. 15.Power to make consequential provision

        8. 16.Power to make transitional, transitory or saving provision

        9. 17.Parliamentary committee to sift certain implementation or consequential regulations of a Minister of the Crown

        10. 18.Committee of the National Assembly for Wales to sift certain implementation regulations of Welsh Ministers

        11. 19.Scrutiny procedure for certain powers to which this Part applies in urgent cases

      3. Part 3 General provision about powers under Act

        1. 20.Scope and nature of powers: general

        2. 21.Any power to make regulations under this Act—

        3. 22.The fact that a power to make regulations is conferred...

        4. 23.Scope of consequential and transitional powers

        5. 24.Anticipatory exercise of powers in relation to retained EU law

        6. 25.Scope of appointed day powers

        7. 26.Effect of certain provisions in Schedule 8 on scope of powers

        8. 27.Disapplication of certain review provisions

        9. 28.Explanatory statements for certain powers: appropriateness, equalities etc.

        10. 29.(1) This paragraph applies where— (a) a Scottish statutory instrument...

        11. 30.Further explanatory statements in certain sub-delegation cases

        12. 31.(1) This paragraph applies where— (a) a Scottish statutory instrument...

        13. 32.Annual reports in certain sub-delegation cases

        14. 33.(1) Each person by whom a relevant sub-delegated power is...

        15. 34.Further explanatory statements in urgency cases

        16. 35.(1) This paragraph applies where regulations are to be made...

        17. 36.Hybrid instruments

        18. 37.Procedure on re-exercise of certain powers

        19. 38.Combinations of instruments

    8. SCHEDULE 8

      Consequential, transitional, transitory and saving provision

      1. Part 1 General consequential provision

        1. 1.Existing ambulatory references to retained direct EU legislation

        2. 2.Other existing ambulatory references

        3. 3.Existing powers to make subordinate legislation etc.

        4. 4.(1) Any subordinate legislation which— (a) is, or is to...

        5. 5.(1) This paragraph applies to any power to make, confirm...

        6. 6.Any subordinate legislation which is, or is to be, made,...

        7. 7.Any power to make, confirm or approve subordinate legislation which,...

        8. 8.(1) Paragraphs 3 to 7 and this paragraph—

        9. 9.Review provisions in existing subordinate legislation

        10. 10.Future powers to make subordinate legislation

        11. 11.(1) Sub-paragraph (2) applies to any power to make, confirm...

        12. 12.(1) Paragraphs 10 and 11 and this paragraph—

        13. 13.Affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the ECA (including subordinate legislation implementing EU directives)

        14. 14.Enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation under section 2(2) of the ECA (including subordinate legislation implementing EU directives)

        15. 15.Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA

        16. 16.(1) This paragraph applies where, on or after exit day—...

      2. Part 2 Specific consequential provision

        1. 17.Finance Act 1973

        2. 18.Interpretation Act 1978

        3. 19.In section 21(1) (meaning of “subordinate legislation”) after “any Act”...

        4. 20.After section 23 (application to other instruments) insert— Retained direct...

        5. 21.In section 24 (application to Northern Ireland), in subsection (4)—...

        6. 22.In Schedule 1 (words and expressions defined)—

        7. 23.European Economic Area Act 1993

        8. 24.Omit section 1 (EEA agreement to be an EU Treaty)....

        9. 25.(1) Section 2 (consistent application of law to the whole...

        10. 26.(1) Section 3 (general implementation of the EEA agreement) is...

        11. 27.Omit section 4 (modification of section 3 of the European...

        12. 28.In section 6 (interpretation), in subsection (1), in the definition...

        13. 29.Criminal Procedure (Scotland) Act 1995

        14. 30.Human Rights Act 1998

        15. 31.Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

        16. 32.(1) Section 1 (application of Part 1 of the Act)...

        17. 33.In section 30 (other instruments laid before the Scottish Parliament),...

        18. 34.In section 37 (interpretation of Part 2 of the Act)—...

        19. 35.In Schedule 1 (definitions of words and expressions)—

        20. 36.Small Business, Enterprise and Employment Act 2015

      3. Part 3 General transitional, transitory or saving provision

        1. 37.Continuation of existing acts etc.

      4. Part 4 Specific transitional, transitory and saving provision

        1. 38.Retention of existing EU law

        2. 39.(1) Subject as follows and subject to any provision made...

        3. 40.Main powers in connection with withdrawal

        4. 41.Devolution

        5. 42.The amendments made by Part 1 of Schedule 3 do...

        6. 43.A consent decision of the Scottish Parliament, the National Assembly...

        7. 44.Other provision

        8. 45.(1) The amendment made by paragraph 17 does not affect...

    9. SCHEDULE 9

      Additional repeals

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