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European Union (Withdrawal) Act 2018

2018 CHAPTER 16

An Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

[26th June 2018]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Commencement Information

I1Act in force at 30.1.2020 so far as is necessary for the operation of the applied provisions by 2020 c. 2, s. 2(11)(b)

Repeal of the ECAU.K.

1Repeal of the European Communities Act 1972U.K.

The European Communities Act 1972 is repealed on exit day.

Commencement Information

I2S. 1 in force at 17.8.2019 by S.I. 2019/1198, reg. 2

[F1Savings for implementation periodU.K.

Textual Amendments

1ASaving for ECA for implementation periodU.K.

(1)Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

(2)The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).

(3)The Act of 1972 has effect on and after exit day as if —

(a)the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—

(i)included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but

(ii)were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,

(b)the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(c)section 2(3) (payment of EU costs etc.) were omitted,

(d)in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—

(i)the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and

(ii)the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,

(e)references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(f)in Part 2 of Schedule 1 (general definitions in relation to the EU)—

(i)in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(ii)in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.

(4)In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.

(5)Subsections (1) to (4) are repealed on IP completion day.

(6)In this Act—

(7)In this Act—

(a)references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and

(b)references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.]

[F21BSaving for EU-derived domestic legislation for implementation periodU.K.

(1)Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

(2)EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows.

(3)Any enactment which continues to have effect by virtue of subsection (2) is to be read, on and after exit day and so far as the context permits or requires, as if—

(a)any reference to an expression which is to be read in accordance with Schedule 1 to the Interpretation Act 1978 and is an expression defined by section 1 of, or Part 2 of Schedule 1 to, the European Communities Act 1972 were a reference to that expression as defined by that section or that Part of that Schedule as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

(b)any reference (however expressed and subject to paragraph (a) above) to—

(i)EU law,

(ii)any particular EU Treaty or any part of it,

(iii)any EU instrument, or other document of an EU entity or of the EU, or any part of any such instrument or document,

(iv)any part of EU law not falling within sub-paragraph (ii) or (iii),

(v)any tax, duty, levy or interests of the EU, or

(vi)any arrangement involving, or otherwise relating to, the EU of a kind not falling within sub-paragraph (i), (ii), (iii), (iv) or (v),

were a reference to any such thing so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(c)any reference (however expressed and subject to paragraph (a) above) to the European Communities Act 1972 were or (as the case may be) included a reference to the Act of 1972 as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

(d)any reference (however expressed) to the area of the EU or of the EEA included the United Kingdom,

(e)any reference (however expressed) to a citizen of the EU or a national of the EEA included a United Kingdom national (within the meaning given by Article 2(d) of the withdrawal agreement), and

(f)such other modifications were made as—

(i)are provided for by regulations under section 8A or Part 1A of Schedule 2, or

(ii)so far as not so provided, are necessary for any purpose of Part 4 of the withdrawal agreement and are capable of being ascertained from any such purpose or otherwise from that Part of that agreement.

(4)Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP completion day is, unless the contrary intention appears, to be read in accordance with subsection (3) (and anything done or omitted to be done in connection with any such enactment is to be understood, and has effect, accordingly).

(5)Subsections (2) to (4) are subject to any regulations made under section 8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under the European Union (Withdrawal Agreement) Act 2020.

(6)Subsections (1) to (5) are repealed on IP completion day.

(7)In this Act “EU-derived domestic legislation” means any enactment so far as—

(a)made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,

(b)passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,

(c)relating to—

(i)anything which falls within paragraph (a) or (b), or

(ii)any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or

(d)relating otherwise to the EU or the EEA,

but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020.]

Retention of [F3saved EU law at end of implementation period] U.K.

2Saving for EU-derived domestic legislationU.K.

(1)EU-derived domestic legislation, as it has effect in domestic law immediately before [F4IP completion day], continues to have effect in domestic law on and after [F4IP completion day].

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) [F6and section 5A (savings and incorporation: supplementary)].

Textual Amendments

Commencement Information

I3S. 2 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(a)

3Incorporation of direct EU legislationU.K.

(1)Direct EU legislation, so far as operative immediately before [F7IP completion day], forms part of domestic law on and after [F7IP completion day].

(2)In this Act “direct EU legislation” means—

(a)any EU regulation, EU decision or EU tertiary legislation, as it has effect in EU law immediately before [F8IP completion day] and so far as—

[F9(ai)it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

[F10(bi)it neither has effect nor is to have effect by virtue of section 7A or 7B,]]

(i)it is not an exempt EU instrument (for which see section 20(1) and Schedule 6), [F11and]

F12(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)its effect is not reproduced in an enactment to which section 2(1) applies,

(b)any Annex to the EEA agreement, as it has effect in EU law immediately before [F13IP completion day] and so far as—

[F14(ai)it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(bi)it neither has effect nor is to have effect by virtue of section 7A or 7B,]

(i)it refers to, or contains adaptations of, anything falling within paragraph (a), and

(ii)its effect is not reproduced in an enactment to which section 2(1) applies, or

(c)Protocol 1 to the EEA agreement (which contains horizontal adaptations that apply in relation to EU instruments referred to in the Annexes to that agreement), as it has effect in EU law immediately before [F15IP completion day and so far as—

(i)it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(ii)it neither has effect nor is to have effect by virtue of section 7A or 7B].

(3)For the purposes of this Act, any direct EU legislation is operative immediately before [F16IP completion day] if—

(a)in the case of anything which comes into force at a particular time and is stated to apply from a later time, it is in force and applies immediately before [F16IP completion day],

(b)in the case of a decision which specifies to whom it is addressed, it has been notified to that person before [F16IP completion day], and

(c)in any other case, it is in force immediately before [F16IP completion day].

(4)This section—

(a)brings into domestic law any direct EU legislation only in the form of the English language version of that legislation, and

(b)does not apply to any such legislation for which there is no such version,

but paragraph (a) does not affect the use of the other language versions of that legislation for the purposes of interpreting it.

(5)This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) [F17and section 5A (savings and incorporation: supplementary)].

Textual Amendments

F10S. 3(2)(a)(bi) omitted for specified purposes (31.12.2020) by virtue of Agriculture Act 2020 (c. 21), ss. 18, 57(1)(a)

Modifications etc. (not altering text)

C1S. 3 modified (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1, 2

C2S. 3 modified (31.12.2020) by virtue of Agriculture Act 2020 (c. 21), ss. 18, 57(1)(a)

Commencement Information

I4S. 3 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(b)

F184Saving for rights etc. under section 2(1) of the ECAU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Exceptions to savings and incorporationU.K.

[F19(A1)The principle of the supremacy of EU law is not part of domestic law.

This applies after the end of 2023, in relation to any enactment or rule of law (whenever passed or made).

(A2)Any provision of [F20assimilated direct] legislation—

(a)must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and

(b)is subject to all domestic enactments, so far as it is incompatible with them.

(A3) Subsection (A2) is subject to—

(a)section 186 of the Data Protection Act 2018 (data subject’s rights and other prohibitions and restrictions);

(b)regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023.]

[F21(A4)No general principle of EU law is part of domestic law after the end of 2023.]

F22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Charter of Fundamental Rights is not part of domestic law on or after [F23IP completion day].

F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

[F25(7)Subsections [F26(A1)] to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).]

[F27(8)In this section “domestic enactment” means an enactment other than one consisting of [F28assimilated direct] legislation.]

Textual Amendments

F25S. 5(7) inserted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(4)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)

Modifications etc. (not altering text)

Commencement Information

I5S. 5(1)-(5)(7) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(d)

I6S. 5(6) in force at 4.7.2018 for specified purposes by S.I. 2018/808, reg. 3(a)

I7S. 5(6) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(d)

[F295ASavings and incorporation: supplementaryU.K.

The fact that anything which continues to be, or forms part of, domestic law on or after IP completion day by virtue of section 2 [F30or 3] has an effect immediately before IP completion day which is time-limited by reference to the implementation period does not prevent it from having an indefinite effect on and after IP completion day by virtue of section 2 [F30or 3].]

6Interpretation of [F31assimilated] lawU.K.

(1)A court or tribunal—

(a)is not bound by any principles laid down, or any decisions made, on or after [F32IP completion day] by the European Court, and

(b)cannot refer any matter to the European Court on or after [F32IP completion day].

(2)Subject to this and subsections (3) to (6), a court or tribunal may have regard to anything done on or after [F32IP completion day] by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal.

(3)Any question as to the validity, meaning or effect of any [F33assimilated] law is to be decided, so far as that law is unmodified on or after [F32IP completion day] and so far as they are relevant to it—

(a)in accordance with any [F34assimilated] case law F35..., and

(b)having regard (among other things) to the limits, immediately before [F32IP completion day], of EU competences.

(4)But—

(a)the Supreme Court is not bound by any [F36assimilated] EU case law,

(b)the High Court of Justiciary is not bound by any [F36assimilated] EU case law when—

(i)sitting as a court of appeal otherwise than in relation to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) or a devolution issue (within the meaning given by paragraph 1 of Schedule 6 to the Scotland Act 1998), or

(ii)sitting on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995,

[F37(ba)a relevant court or relevant tribunal is not bound by any [F36assimilated] EU case law so far as is provided for by regulations under subsection (5A),] and

(c)no court or tribunal is bound by any [F36assimilated] domestic case law that it would not otherwise be bound by.

(5)In deciding whether to depart from any [F36assimilated] EU case law [F38by virtue of subsection (4)(a) or (b)], the Supreme Court or the High Court of Justiciary must apply the same test as it would apply in deciding whether to depart from its own case law.

[F39(5A)A Minister of the Crown may by regulations provide for—

(a)a court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section,

(b)the extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law,

(c)the test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, or

(d)considerations which are to be relevant to—

(i)the Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), or

(ii)a relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.

(5B)Regulations under subsection (5A) may (among other things) provide for—

(a)the High Court of Justiciary to be a relevant court when sitting otherwise than as mentioned in subsection (4)(b)(i) and (ii),

(b)the extent to which, or circumstances in which, a relevant court or relevant tribunal not being bound by retained EU case law includes (or does not include) that court or tribunal not being bound by retained domestic case law which relates to retained EU case law,

(c)other matters arising in relation to retained domestic case law which relates to retained EU case law (including by making provision of a kind which could be made in relation to retained EU case law), or

(d)the test mentioned in paragraph (c) of subsection (5A) or the considerations mentioned in paragraph (d) of that subsection to be determined (whether with or without the consent of a Minister of the Crown) by a person mentioned in subsection (5C)(a) to (e) or by more than one of those persons acting jointly.

(5C)Before making regulations under subsection (5A), a Minister of the Crown must consult—

(a)the President of the Supreme Court,

(b)the Lord Chief Justice of England and Wales,

(c)the Lord President of the Court of Session,

(d)the Lord Chief Justice of Northern Ireland,

(e)the Senior President of Tribunals, and

(f)such other persons as the Minister of the Crown considers appropriate.

(5D)No regulations may be made under subsection (5A) after IP completion day.]

(6)Subsection (3) does not prevent the validity, meaning or effect of any [F40assimilated] law which has been modified on or after [F32IP completion day] from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications.

[F41(6A)Subsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).]

(7)In this Act—

Textual Amendments

F32Words in s. 6 substituted (30.1.2020 for specified purposes, 31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, reg. 2(11)(c); S.I. 2020/75, reg. 4(i); S.I. 2020/1622, reg. 5(e)

F37S. 6(4)(ba) inserted (30.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, reg. 2(11)(c); S.I. 2020/1622, reg. 5(e)

F38Words in s. 6(5) inserted (30.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(c), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, reg. 2(11)(c); S.I. 2020/1622, reg. 5(e)

F39S. 6(5A)-(5D) inserted (30.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(d), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/518, reg. 2(l)

F41S. 6(6A) inserted (30.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(e), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, reg. 2(11)(c); S.I. 2020/1622, reg. 5(e)

Modifications etc. (not altering text)

Commencement Information

I8S. 6(7) in force at 4.7.2018 by S.I. 2018/808, reg. 3(b)

I9S. 6 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I10S. 6(1)-(6) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(e)

[F456DIncompatibility ordersU.K.

(1)This section applies if a court or tribunal decides, in the course of any proceedings—

(a)that a provision of [F46assimilated direct] legislation is incompatible with, and by virtue of section 5(A2)(b) subject to, any domestic enactment, or

(b)that a domestic enactment is incompatible with, and by virtue of section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 subject to, a provision of [F47assimilated direct] legislation.

(2)The court or tribunal must make an order (an “incompatibility order”) to that effect (in addition to any exercise of other powers that it may have in relation to the proceedings).

(3)An incompatibility order may (among other things)—

(a)set out the effect of the relevant provision in its operation in relation to that particular case;

(b)delay the coming into force of the order;

(c)remove or limit any effect of the operation of the relevant provision before the coming into force of the order.

(4)Provision included in an incompatibility order may be made subject to conditions.

(5)In this section—

7Status of [F48assimilated] lawU.K.

(1)Anything which—

(a)was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

(b)continues to be domestic law on and after exit day by virtue of [F49section 1A(2) or 1B(2)],

continues to be domestic law as an enactment of the same kind.

[F50(1A)Anything which—

(a)was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

(b)continues to be domestic law on and after IP completion day by virtue of section 2,

continues to be domestic law as an enactment of the same kind.]

[F51(4A)[F52Assimilated direct] legislation F53... may only be modified by—

(a)primary legislation, or

(b)subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

(i)paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,

(ii)any other provision made by or under this Act,

(iii)any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

(iv)any provision made on or after the passing of this Act by or under primary legislation.]

(5)For other provisions about the status of [F54assimilated] law, see—

(a)section 5 [F55(A1) to (A3)] [F56and (7)] (status of [F54assimilated] law in relation to other enactments or rules of law),

(b)section 6 (status of [F57assimilated] case law F58...),

[F59(ba)section 7C (status of case law of European Court etc. in relation to [F54assimilated] law which is relevant separation agreement law),]

(c)section 15(2) and Part 2 of Schedule 5 (status of [F54assimilated] law for the purposes of the rules of evidence),

[F60(d)paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),]

(e)paragraphs 19 and 20 of that Schedule (status of certain [F61assimilated direct] legislation for the purposes of the Interpretation Act 1978), and

(f)paragraph 30 of that Schedule (status of [F62assimilated direct] legislation for the purposes of the Human Rights Act 1998).

F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C5S. 7(2)(3) 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

I11S. 7(2)(3) in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I12S. 7(1)(6) in force at 31.1.2020 by S.I. 2020/74, reg. 2(a)

I13S. 7(4)(5) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(f)

[F64Further aspects of withdrawalU.K.

Textual Amendments

7AGeneral implementation of remainder of withdrawal agreementU.K.

(1)Subsection (2) applies to—

(a)all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the withdrawal agreement, and

(b)all such remedies and procedures from time to time provided for by or under the withdrawal agreement,

as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom.

(2)The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

(a)recognised and available in domestic law, and

(b)enforced, allowed and followed accordingly.

(3)Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

[F65(3A)The following provide for the application in Northern Ireland of EU law relating to the trade in goods necessary for the functioning of the Windsor Framework in the withdrawal agreement to be subject to democratic consent and scrutiny—

(a)Articles 13 and 18 of that Framework, and

(b)Part 5A of the Northern Ireland Act 1998.]

(4)This section does not apply in relation to Part 4 of the withdrawal agreement so far as section 2(1) of the European Communities Act 1972 applies in relation to that Part.

(5)See also (among other things)—

(a)Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

(b)section 20 of that Act (financial provision),

(c)section 7C of this Act (interpretation of law relating to withdrawal agreement etc.),

(d)section 8B of this Act (power in connection with certain other separation issues),

(e)section 8C of this Act (power in connection with the Protocol on Ireland/Northern Ireland in withdrawal agreement), and

(f)Parts 1B and 1C of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues and the Ireland/Northern Ireland Protocol).]

[F667BGeneral implementation of EEA EFTA and Swiss agreementsU.K.

(1)Subsection (2) applies to all such rights, powers, liabilities, obligations, restrictions, remedies and procedures as—

(a)would from time to time be created or arise, or (in the case of remedies or procedures) be provided for, by or under the EEA EFTA separation agreement or the Swiss citizens' rights agreement, and

(b)would, in accordance with Article 4(1) of the withdrawal agreement, be required to be given legal effect or used in the United Kingdom without further enactment,

if that Article were to apply in relation to the EEA EFTA separation agreement and the Swiss citizens' rights agreement, those agreements were part of EU law and the relevant EEA states and Switzerland were member States.

(2)The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

(a)recognised and available in domestic law, and

(b)enforced, allowed and followed accordingly.

(3)Every enactment (other than section 7A but otherwise including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

(4)See also (among other things)—

(a)Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

(b)section 7C of this Act (interpretation of law relating to the EEA EFTA separation agreement and the Swiss citizens' rights agreement etc.),

(c)section 8B of this Act (power in connection with certain other separation issues), and

(d)Part 1B of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues).

(5)In this section “the relevant EEA states” means Norway, Iceland and Liechtenstein.

(6)In this Act “EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).]

[F677CInterpretation of relevant separation agreement lawU.K.

(1)Any question as to the validity, meaning or effect of any relevant separation agreement law is to be decided, so far as they are applicable—

(a)in accordance with the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement, and

(b)having regard (among other things) to the desirability of ensuring that, where one of those agreements makes provision which corresponds to provision made by another of those agreements, the effect of relevant separation agreement law in relation to the matters dealt with by the corresponding provision in each agreement is consistent.

(2)See (among other things)—

(a)Article 4 of the withdrawal agreement (methods and principles relating to the effect, the implementation and the application of the agreement),

(b)Articles 158 and 160 of the withdrawal agreement (jurisdiction of the European Court in relation to Part 2 and certain provisions of Part 5 of the agreement),

(c)Articles 12 and 13 of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (implementation, application, supervision and enforcement of the Protocol and common provisions),

(d)Article 4 of the EEA EFTA separation agreement (methods and principles relating to the effect, the implementation and the application of the agreement), and

(e)Article 4 of the Swiss citizens' rights agreement (methods and principles relating to the effect, the implementation and the application of the agreement).

(3)In this Act “relevant separation agreement law” means—

(a)any of the following provisions or anything which is domestic law by virtue of any of them—

(i)section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or this section, or

(ii)Part 3, or section 20, of the European Union (Withdrawal Agreement) Act 2020 (citizens' rights and financial provision), or

(b)anything not falling within paragraph (a) so far as it is domestic law for the purposes of, or otherwise within the scope of—

(i)the withdrawal agreement (other than Part 4 of that agreement),

(ii)the EEA EFTA separation agreement, or

(iii)the Swiss citizens' rights agreement,

as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time.]

Main powers in connection with withdrawalU.K.

8Dealing with deficiencies arising from withdrawalU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate to prevent, remedy or mitigate—

(a)any failure of retained EU law to operate effectively, or

(b)any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

(2)Deficiencies in retained EU law are where the Minister considers that retained EU law—

(a)contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,

(b)confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,

(c)makes provision for, or in connection with, reciprocal arrangements between—

(i)the United Kingdom or any part of it or a public authority in the United Kingdom, and

(ii)the EU, an EU entity, a member State or a public authority in a member State,

which no longer exist or are no longer appropriate,

(d)makes provision for, or in connection with, other arrangements which—

(i)involve the EU, an EU entity, a member State or a public authority in a member State, or

(ii)are otherwise dependent upon the United Kingdom's membership of the EU [F68or Part 4 of the withdrawal agreement],

and which no longer exist or are no longer appropriate,

(e)makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties [F69or as a result of either the end of the implementation period or any other effect of the withdrawal agreement],

[F70(ea)is not clear in its effect as a result of the operation of any provision of sections 2 to 6 or Schedule 1,]

(f)does not contain any functions or restrictions which—

(i)were in an EU directive and in force immediately before [F71IP completion day] (including any power to make EU tertiary legislation), and

(ii)it is appropriate to retain, or

(g)contains EU references which are no longer appropriate.

(3)There is also a deficiency in retained EU law where the Minister considers that there is—

(a)anything in retained EU law which is of a similar kind to any deficiency which falls within subsection (2), or

(b)a deficiency in retained EU law of a kind described, or provided for, in regulations made by a Minister of the Crown.

(4)But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after [F72IP completion day].

(5)Regulations under subsection (1) may make any provision that could be made by an Act of Parliament.

(6)Regulations under subsection (1) may (among other things) provide for functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be—

(a)exercisable instead by a public authority (whether or not established for the purpose) in the United Kingdom, or

(b)replaced, abolished or otherwise modified.

(7)But regulations under subsection (1) may not—

(a)impose or increase taxation or fees,

(b)make retrospective provision,

(c)create a relevant criminal offence,

(d)establish a public authority,

F73(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

(g)amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

(8)No regulations may be made under this section after the end of the period of two years beginning with [F74IP completion day].

(9)The reference in subsection (1) to a failure or other deficiency arising from the withdrawal of the United Kingdom from the EU includes a reference to any failure or other deficiency arising from [F75

(a)any aspect of that withdrawal, including (among other things)—

(i)the end of the implementation period, or

(ii)any other effect of the withdrawal agreement, or

(b)that withdrawal, or any such aspect of it, taken together] with the operation of any provision, or the interaction between any provisions, made by or under this Act [F76or the European Union (Withdrawal Agreement) Act 2020].

Textual Amendments

Modifications etc. (not altering text)

C7S. 8(5)-(7) applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 3(6)(7), 9(3)

[F778ASupplementary power in connection with implementation periodU.K.

(1)A Minister of the Crown may by regulations—

(a)provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

(b)provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

(c)make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,

(d)modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or

(e)make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

(2)The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3)In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.

(4)No regulations may be made under subsection (1) after the end of the period of two years beginning with IP completion day.]

Textual Amendments

[F788BPower in connection with certain other separation issuesU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

(a)to implement Part 3 of the withdrawal agreement (separation provisions),

(b)to supplement the effect of section 7A in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

(2)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

(a)to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

(b)to supplement the effect of section 7B in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

(3)Regulations under this section may make any provision that could be made by an Act of Parliament.

(4)Regulations under this section may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

(a)section 7A above and Part 3 of the withdrawal agreement, or

(b)section 7B above and Part 3 of the EEA EFTA separation agreement.

(5)But regulations under this section may not—

(a)impose or increase taxation or fees,

(b)make retrospective provision,

(c)create a relevant criminal offence,

(d)establish a public authority,

(e)amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

(f)amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

(6)In this section references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).]

[F798CPower in connection with Ireland/Northern Ireland Protocol in withdrawal agreementU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

(a)to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

(b)to supplement the effect of section 7A in relation to the Protocol, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

(2)Regulations under subsection (1) may make any provision that could be made by an Act of Parliament (including modifying this Act).

(3)Regulations under subsection (1) may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

(4)Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

(a)the authorities of a member State, or

(b)bodies established in a member State,

in respect of qualifying Northern Ireland goods.

(5)Regulations under subsection (1) may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

[F80(5A)Regulations under subsection (1) may not amend, repeal or otherwise modify the operation of section 47 of the United Kingdom Internal Market Act 2020 (“the 2020 Act”), except by making—

(a)provision of the sort that is contemplated by section 47(2) of the 2020 Act (permitted checks);

(b)provision under subsection (6);

(c)provision of the sort described in paragraph 21(b) of Schedule 7 (supplementary and transitional provision etc) in connection with—

(i)provision within either of the preceding paragraphs;

(ii)Articles 5 to 10 of the Northern Ireland Protocol ceasing to apply (and the resulting operation of section 55(1) of the 2020 Act).]

(6)A Minister of the Crown may by regulations define “qualifying Northern Ireland goods” for the purposes of this Act.

(7)In this section any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

(a)any other provision of the withdrawal agreement so far as applying to the Protocol, and

(b)any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).]

F819Implementing the withdrawal agreementU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DevolutionU.K.

10 [F82Protection for] North-South co-operation and F83... prevention of new border arrangementsU.K.

(1)In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

(a)act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b)have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2)Nothing in section 8 F84... or 23(1) or (6) of this Act authorises regulations which—

(a)diminish any form of North-South cooperation provided for by the Belfast Agreement F85..., or

(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.

[F86(3)A Minister of the Crown may not agree to the making of a recommendation by the Joint Committee under Article 11(2) of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (recommendations as to North-South cooperation) to—

(a)alter the arrangements for North-South co-operation as provided for by the Belfast Agreement,

(b)establish a new implementation body, or

(c)alter the functions of an existing implementation body.

(4)In this section—

11Powers involving devolved authorities corresponding to sections 8 [F87to 8C] U.K.

Schedule 2 (which confers powers to make regulations involving devolved authorities which correspond to the powers conferred by sections 8 [F88to 8C]) has effect.

12Retaining EU restrictions in devolution legislation etc.U.K.

F89(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Part 1 of Schedule 3 (which makes corresponding provision in relation to executive competence to that made by subsections (1) to (6) in relation to legislative competence) has effect.

F90(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)A Minister of the Crown may by regulations—

(a)repeal any of the following provisions—

(i)section 30A or 57(4) to (15) of the Scotland Act 1998,

(ii)section 80(8) to (8L) or 109A of the Government of Wales Act 2006, or

(iii)section 6A or 24(3) to (15) of the Northern Ireland Act 1998, or

(b)modify any enactment in consequence of any such repeal.

F91(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)Part 3 of Schedule 3 (which contains amendments of devolution legislation not dealt with elsewhere) has effect.

F93(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary [F94oversight of withdrawal] U.K.

Textual Amendments

F9513Parliamentary approval of the outcome of negotiations with the EUU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F9613AReview of EU legislation during implementation periodU.K.

(1)Subsection (2) applies where the European Scrutiny Select Committee of the House of Commons (“the ESC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

(a)states that, in the opinion of the ESC, the EU legislation raises a matter of vital national interest to the United Kingdom,

(b)confirms that the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has consulted any Departmental Select Committee of the House of Commons which the ESC considers also has an interest in the EU legislation, and

(c)sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (2).

(2)A Minister of the Crown must, within the period of 14 Commons sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (1)(c) to be debated and voted on by the House of Commons.

(3)Subsection (4) applies where the EU Select Committee of the House of Lords (“the EUC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

(a)states that, in the opinion of the EUC, the EU legislation raises a matter of vital national interest to the United Kingdom,

(b)confirms that the EUC has taken such evidence as it considers appropriate as to the effect of the EU legislation, and

(c)sets out the wording of a motion to be moved in the House of Lords in accordance with subsection (4).

(4)A Minister of the Crown must, within the period of 14 Lords sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (3)(c) to be debated and voted on by the House of Lords.

(5)In this section—

Textual Amendments

[F9713BCertain dispute procedures under withdrawal agreementU.K.

(1)Subsection (2) applies if a request has been made under Article 170 of the withdrawal agreement to the other party in a dispute (request to establish an arbitration panel in relation to a dispute between the EU and the United Kingdom).

(2)A Minister of the Crown must, within the 14 day period beginning with the day on which the request is made, make a statement in writing to each House of Parliament that the request has been made and setting out the details of it.

(3)Subsection (4) applies if the European Court has given a ruling in response to a request by an arbitration panel under Article 174(1) of the withdrawal agreement (request for ruling by European Court on certain questions arising in a dispute submitted to arbitration).

(4)A Minister of the Crown must, within the 14 day period beginning with the publication in the Official Journal of the European Union of the ruling of the European Court, make a statement in writing to each House of Parliament that the ruling has been made and setting out the details of it contained in the Official Journal.

(5)After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report setting out the number of times within the reporting period that the Joint Committee has been provided with notice under Article 169(1) of the withdrawal agreement (notice concerning the commencement of consultations in the Joint Committee to resolve a dispute between the EU and the United Kingdom about the interpretation and application of the withdrawal agreement).

(6)In this section—

[F9813CBills affecting trade between Northern Ireland and other parts of the United KingdomU.K.

(1)This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would affect trade between Northern Ireland and other parts of the United Kingdom.

(2)The Minister in charge of the Bill must, before Second Reading of the Bill in the House in question, make—

(a)a statement to the effect that in the Minister’s view the Bill does not contain provision which, if enacted, would have a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom, or

(b)a statement to the effect that the Minister is unable to make such a statement but His Majesty’s Government nevertheless wishes the House to proceed with the Bill.

(3)A statement under this section must be in writing and be published in such manner as the Minister considers appropriate.]

Financial and other mattersU.K.

14Financial provisionU.K.

(1)Schedule 4 (which contains powers in connection with fees and charges) has effect.

(2)A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

(3)There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and

(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

(4)Subsection (3) is subject to any other provision made by or under this Act or any other enactment.

15Publication and rules of evidenceU.K.

(1)Part 1 of Schedule 5 (which makes provision for the publication by the Queen's Printer of copies of retained direct EU legislation and related information) has effect.

(2)Part 2 of Schedule 5 (which makes provision about rules of evidence) has effect.

Commencement Information

I18S. 15 in force at 4.7.2018 for specified purposes by S.I. 2018/808, reg. 3(d)(e)

I19S. 15(1) in force at 3.7.2019 in so far as not already in force by S.I. 2019/1077, reg. 2(b)

I20S. 15(2) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(h)

[F9915AProhibition on extending implementation periodU.K.

A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.]

Textual Amendments

[F10015BMinisterial co-chairs of the Joint CommitteeU.K.

The functions of the United Kingdom’s co-chair of the Joint Committee, under Annex VIII of the withdrawal agreement (rules of procedure of the Joint Committee and specialised committees), are to be exercised personally by a Minister of the Crown (and, accordingly, only a Minister of the Crown may be designated as a replacement under Rule 1(3)).]

Textual Amendments

[F10115CNo use of written procedure in the Joint CommitteeU.K.

(1)The United Kingdom’s co-chair of the Joint Committee may not consent to the Joint Committee using the written procedure provided for in Rule 9(1) of Annex VIII of the withdrawal agreement.

(2)In subsection (1) the reference to the United Kingdom’s co-chair of the Joint Committee includes a reference to any designee of the co-chair designated under Rule 1(3) of Annex VIII of the withdrawal agreement.]

Textual Amendments

F10216Maintenance of environmental principles etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17Family unity for those seeking asylum or other protection in EuropeU.K.

[F103(1)A Minister of the Crown must, within the period of two months beginning with the day on which the European Union (Withdrawal Agreement) Act 2020 is passed, lay before Parliament a statement of policy in relation to any future arrangements between the United Kingdom and the EU about—

(a)unaccompanied children, who make an application for international protection to a member State, coming to the United Kingdom where it is in their best interests to join a relative who—

(i)is a lawful resident of the United Kingdom, or

(ii)has made a protection claim which has not been decided, and

(b)unaccompanied children in the United Kingdom, who make a protection claim, going to a member State to join a relative there in equivalent circumstances.]

(2)For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

(3)For the purposes of subsection (1)(a)(ii), a protection claim is decided—

(a)when the Secretary of State notifies the claimant of the Secretary of State's decision on the claim, unless the claimant appeals against the decision, or

(b)if the claimant appeals against the Secretary of State's decision on the claim, when the appeal is disposed of.

(4)In this section—

Textual Amendments

F10418Customs arrangement as part of the framework for the future relationshipU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10519Future interaction with the law and agencies of the EUU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General and final provisionU.K.

20InterpretationU.K.

(1)In this Act—

(2)In this [F120Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on [F12131 January 2020] or (as the case may be) to beginning with 11.00 p.m. on that day.]

(3)Subsection (4) applies if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of “exit day” in subsection (1).

(4)A Minister of the Crown [F122must] by regulations—

(a)amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and

(b)amend subsection (2) in consequence of any such amendment.

(5)In subsections (3) and (4) “the Treaties” means the Treaty on European Union and the Treaty on the Functioning of the European Union.

[F123(5A)In this Act references to anything which continues to be domestic law by virtue of section 1B(2) include—

(a)references to anything to which section 1B(2) applies which continues to be domestic law on or after exit day (whether or not it would have done so irrespective of that provision), and

(b)references to anything which continues to be domestic law on or after exit day by virtue of section 1B(2) (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time).]

(6)In this Act references to anything which continues to be domestic law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be domestic law on or after [F124IP completion day] (whether or not it would have done so irrespective of that section).

F125(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)References in this Act (however expressed) to a public authority in the United Kingdom include references to a public authority in any part of the United Kingdom.

(9)References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.

(10)Any other reference in this Act to—

(a)an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union, or

(b)Article 10 of Title VII of Protocol 36 to those treaties,

includes a reference to that Article as applied by Article 106a of the Euratom Treaty.

Textual Amendments

F122Word in s. 20(4) substituted (9.9.2019) by European Union (Withdrawal) (No. 2) Act 2019 (c. 26), ss. 4(1), 5(5) (with saving in s. 4(2))

21Index of defined expressionsU.K.

(1)In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

ExpressionProvision
[F126Anything which continues to be domestic law by virtue of section 1B(2) Section 20(5A)]
Anything which continues to be domestic law by virtue of section 2Section 20(6)
F127. . .F127. . .
Article (in relation to the Treaty on European Union or the Treaty on the Functioning of the European Union)Section 20(10)
[F128Assimilated case law Section 6(7)
Assimilated direct legislation Section 20(1)
Assimilated direct minor legislation Section 20(1)
Assimilated direct principal legislation Section 20(1)
Assimilated domestic case law Section 6(7)
Assimilated EU case law Section 6(7)
Assimilated law Section 6(7)]
Charter of Fundamental RightsSection 20(1)
[F129Commons sitting day Section 20(1)]
Devolved authoritySection 20(1)
Direct EU legislationSection 3(2)
Domestic lawSection 20(1)
The EEASection 20(1)
EEA agreementSchedule 1 to the Interpretation Act 1978
[F130EEA EFTA separation agreement Section 7B(6)]
EnactmentSection 20(1)
The EUSchedule 1 to the Interpretation Act 1978
EU decisionSection 20(1)
[F131EU-derived domestic legislation Section 1B(7)]
EU directiveSection 20(1)
EU entitySection 20(1)
EU institutionSchedule 1 to the Interpretation Act 1978
EU instrumentSchedule 1 to the Interpretation Act 1978
Euratom TreatySchedule 1 to the Interpretation Act 1978
EU referenceSection 20(1)
EU regulationSection 20(1)
[F132European Communities Act 1972 Section 1A(7)(a)]
European CourtSchedule 1 to the Interpretation Act 1978
EU tertiary legislationSection 20(1)
EU TreatiesSchedule 1 to the Interpretation Act 1978
Exempt EU instrumentSection 20(1)
Exit day (and related expressions)Section 20(1) to (5)
Former Article 34(2)(c) of Treaty on European UnionSection 20(9)
[F133Future relationship agreement Section 20(1)]
[F134Implementation period Section 1A(6)
IP completion day (and related expressions)Section 1A(6)
Joint CommitteeSection 20(1)
Lords sitting daySection 20(1)]
Member StateSection 20(1) and Schedule 1 to the Interpretation Act 1978
Minister of the CrownSection 20(1)
Modify (and related expressions)Section 20(1)
Northern Ireland devolved authoritySection 20(1)
Operative (in relation to direct EU legislation)Section 3(3)
[F135Part (of withdrawal agreement or EEA EFTA separation agreement) Section 1A(7)(b)]
Primary legislationSection 20(1)
Public authoritySection 20(1)
Public authority in the United Kingdom (however expressed)Section 20(8)
[F136Qualifying Northern Ireland goods Section 8C(6)
RatifySection 20(1)]
Relevant criminal offenceSection 20(1) (and paragraph 44 of Schedule 8)
[F137Relevant separation agreement law Section 7C(3)]
F138. . .F138. . .
F138. . .F138. . .
F138. . .F138. . .
F138. . .F138. . .
F138. . .F138. . .
F138. . .F138. . .
F138. . .F138. . .
F139. . .F139. . .
Retrospective provisionSection 20(1)
Subordinate legislationSection 20(1)
[F140Swiss citizens' rights agreement Section 7B(6)]
TribunalSection 20(1)
WalesSection 20(1)
Welsh zoneSection 20(1)
Withdrawal agreement [F141Section 1A(6)]

(2)See paragraph 22 of Schedule 8 for amendments made by this Act to Schedule 1 to the Interpretation Act 1978.

Textual Amendments

22RegulationsU.K.

Schedule 7 (which makes provision about the scrutiny by Parliament and the devolved legislatures of regulations under this Act and contains other general provision about such regulations) has effect.

23Consequential and transitional provisionU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

(2)The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3)In subsection (2) “enactment” does not include primary legislation passed or made after [F142IP completion day].

(4)No regulations may be made under subsection (1) after the end of the period of 10 years beginning with [F143IP completion day].

(5)Parts 1 and 2 of Schedule 8 (which contain consequential provision) have effect.

(6)A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day [F144or IP completion day]).

(7)Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.

(8)The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I21S. 23(1)-(4)(6) in force at Royal Assent and s. 23(7) in force for specified purposes at Royal Assent, see s. 25(1)(f)(g)

I22S. 23(5)(7)(8) in force at 4.7.2018 for specified purposes and s. 23(8) in force for further specified purposes on exit day by S.I. 2018/808, regs. 3(g)(h)(i), 4(a)

I23S. 23(5) in force at 31.1.2020 for specified purposes by S.I. 2020/74, reg. 2(b)

I24S. 23(5)(7) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(i)

I25S. 23(7) in force at 1.3.2019 for specified purposes by S.I. 2019/399, reg. 2(b)

I26S. 23(8) in force at 31.12.2020 for specified purposes by S.I. 2020/1622, reg. 2(a) (with reg. 22)

I27S. 23(8) in force at 31.12.2020 for specified purposes by S.I. 2018/808, reg. 4(a) (as amended by S.I. 2020/74, reg. 3(2)(3))

I28S. 23(8) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(j) (with regs. 8, 9, 22)

24ExtentU.K.

(1)Subject to subsections (2) and (3), this Act extends to England and Wales, Scotland and Northern Ireland.

(2)Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

(3)Regulations under section 8(1) or 23 may make provision which extends to Gibraltar—

(a)modifying any enactment which—

(i)extends to Gibraltar and relates to European Parliamentary elections, or

(ii)extends to Gibraltar for any purpose which is connected with Gibraltar forming part of an electoral region, under the European Parliamentary Elections Act 2002, for the purposes of such elections, or

(b)which is supplementary, incidental, consequential, transitional, transitory or saving provision in connection with a modification within paragraph (a).

25Commencement and short titleU.K.

(1)The following provisions—

(a)sections 8 to 11 (including Schedule 2),

(b)paragraphs 4, 5, 21(2)(b), 48(b), 51(2)(c) and (d) and (4) of Schedule 3 (and section 12(8) and (12) so far as relating to those paragraphs),

(c)sections 13 and 14 (including Schedule 4),

(d)sections 16 to 18,

(e)sections 20 to 22 (including Schedules 6 and 7),

(f)section 23(1) to (4) and (6),

(g)paragraph 41(10), 43 and 44 of Schedule 8 (and section 23(7) so far as relating to those paragraphs),

(h)section 24, and

(i)this section,

come into force on the day on which this Act is passed.

(2)In section 12—

(a)subsection (2) comes into force on the day on which this Act is passed for the purposes of making regulations under section 30A of the Scotland Act 1998,

(b)subsection (4) comes into force on that day for the purposes of making regulations under section 109A of the Government of Wales Act 2006, and

(c)subsection (6) comes into force on that day for the purposes of making regulations under section 6A of the Northern Ireland Act 1998.

(3)In Schedule 3—

(a)paragraph 1(b) comes into force on the day on which this Act is passed for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

(b)paragraph 2 comes into force on that day for the purposes of making regulations under section 80(8) of the Government of Wales Act 2006,

(c)paragraph 3(b) comes into force on that day for the purposes of making regulations under section 24(3) of the Northern Ireland Act 1998,

(d)paragraph 24(2) comes into force on that day for the purposes of making regulations under section 30A of the Scotland Act 1998,

(e)paragraph 24(3) comes into force on that day for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

(f)paragraph 25 comes into force on that day for the purposes of making regulations under section 30A or 57(4) of the Scotland Act 1998,

(g)paragraph 43 comes into force on that day for the purposes of making regulations under section 80(8) or 109A of the Government of Wales Act 2006, and

(h)paragraphs 57 and 58 come into force on that day for the purposes of making regulations under section 6A or 24(3) of the Northern Ireland Act 1998;

and section 12(7) and (12), so far as relating to each of those paragraphs, comes into force on that day for the purposes of making the regulations mentioned above in relation to that paragraph.

(4)The provisions of this Act, so far as they are not brought into force by subsections (1) to (3), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

(5)This Act may be cited as the European Union (Withdrawal) Act 2018.

SCHEDULES

Section 5(6)

F145SCHEDULE 1U.K.Further provision about exceptions to savings and incorporation

Textual Amendments

F145Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)

Challenges to validity of [F146assimilated] lawU.K.

1(1)There is no right in domestic law on or after [F145IP completion day] to challenge any [F146assimilated] law on the basis that, immediately before [F145IP completion day], an EU instrument was invalid.U.K.

(2)Sub-paragraph (1) does not apply so far as—

(a)the European Court has decided before [F145IP completion day] that the instrument is invalid, or

(b)the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

(3)Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.

Modifications etc. (not altering text)

Commencement Information

I29Sch. 1 para. 1(2)(b) in force for specified purposes and Sch. 1 para. 1(3) in force at 4.7.2018 by S.I. 2018/808, reg. 3(a)

I30Sch. 1 para. 1(1)(2)(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)

I31Sch. 1 para. 1(2)(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(k)

F147...U.K.

F1482U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1493U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule in FrancovichU.K.

4U.K.There is no right in domestic law on or after [F145IP completion day] to damages in accordance with the rule in Francovich.

Commencement Information

I32Sch. 1 para. 4 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)

InterpretationU.K.

5(1)References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after [F145IP completion day] [F150by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act].U.K.

F151(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I33Sch. 1 para. 5 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(k)

Section 11

SCHEDULE 2U.K.Corresponding powers involving devolved authorities

Part 1U.K.Dealing with deficiencies arising from withdrawal

Power to deal with deficienciesU.K.

1(1)A devolved authority may by regulations make such provision as the devolved authority considers appropriate to prevent, remedy or mitigate—U.K.

(a)any failure of retained EU law to operate effectively, or

(b)any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

(2)A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate to prevent, remedy or mitigate—

(a)any failure of retained EU law to operate effectively, or

(b)any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

(3)Section 8(2) to (9) apply for the purposes of this Part as they apply for the purposes of section 8 (including the references to the Minister in section 8(2) and (3) (but not the reference to a Minister of the Crown in section 8(3)(b)) being read as references to the devolved authority or (as the case may be) the Minister acting jointly with the devolved authority and the references to section 8(1) being read as references to sub-paragraph (1) or (2) above).

(4)Regulations under sub-paragraph (1) above are subject to paragraphs 2 to 7.

No power to make provision outside devolved competenceU.K.

2(1)No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.U.K.

(2)See paragraphs 8 to 11 for the meaning of “devolved competence” for the purposes of this Part.

F152...U.K.

F1523U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for consultation in certain circumstancesU.K.

4U.K.No regulations may be made under this Part by a devolved authority acting alone so far as the regulations—

(a)are to come into force before [F153IP completion day], or

(b)remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 8(2)(c) or (e),

unless the regulations are, to that extent, made after consulting with the Secretary of State.

Textual Amendments

Requirement for consent where it would otherwise be requiredU.K.

5(1)The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under this Part so far as that provision, if contained in an Act of the National Assembly for Wales, would require the consent of a Minister of the Crown.U.K.

(2)The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under this Part so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.

(3)Sub-paragraph (1) or (2) does not apply if—

(a)the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and

(b)no such consent would be required in that case.

(4)The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under this Part so far as that provision, if contained in—

(a)subordinate legislation made otherwise than under this Act by the devolved authority, or

(b)subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,

would require the consent of a Minister of the Crown.

(5)Sub-paragraph (4) does not apply if—

(a)the provision could be contained in—

(i)an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, or

(ii)different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) other person acting alone, and

(b)no such consent would be required in that case.

Requirement for joint exercise where it would otherwise be requiredU.K.

6(1)No regulations may be made under this Part by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—U.K.

(a)the Scottish Ministers acting jointly with a Minister of the Crown, or

(b)the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(2)No regulations may be made under this Part by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(3)No regulations may be made under this Part by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—

(a)a Northern Ireland department acting jointly with a Minister of the Crown, or

(b)another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

(4)Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

(a)an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

(b)different subordinate legislation made otherwise than under this Act by—

(i)the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii)the Welsh Ministers acting alone, or

(iii)(as the case may be), a Northern Ireland devolved authority acting alone.

Requirement for consultation where it would otherwise be requiredU.K.

7(1)No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of the National Assembly for Wales, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.U.K.

(2)No regulations may be made under this Part by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(3)No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(4)No regulations may be made under this Part by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.

(5)Sub-paragraph (2), (3) or (4) does not apply if—

(a)the provision could be contained in an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, and

(b)there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

(6)Sub-paragraph (2), (3) or (4) does not apply if—

(a)the provision could be contained in different subordinate legislation made otherwise than under this Act by—

(i)the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

(ii)the Welsh Ministers acting alone, or

(iii)(as the case may be), a Northern Ireland devolved authority acting alone, and

(b)there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

Meaning of devolved competence: Part 1U.K.

8(1)A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—U.K.

(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F154..., or

(b)it meets the conditions in sub-paragraph (2).

(2)The conditions are—

(a)the provision—

(i)amends or revokes subordinate legislation made before [F155IP completion day] by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or

(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

(c)the provision only forms part of the law of Scotland,

(d)the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and

(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.

9(1)A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—U.K.

(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F156... including any provision that could be made only with the consent of a Minister of the Crown), or

(b)it meets the conditions in sub-paragraph (2).

(2)The conditions are—

(a)the provision—

(i)amends or revokes subordinate legislation made before [F157IP completion day] by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, or

(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

(c)the provision only forms part of the law of England and Wales,

(d)the provision does not confer or remove functions exercisable otherwise than in relation to Wales or the Welsh zone, and

(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 5, 6 or 7 of Schedule 7B to the Government of Wales Act 2006, be modified by an Act of the National Assembly for Wales.

10(1)A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—U.K.

(a)the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i)would be within the legislative competence of the Assembly, F158..., and

(ii)would not require the consent of the Secretary of State,

(b)the provision—

(i)amends or repeals Northern Ireland legislation, and

(ii)would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F159... and require the consent of the Secretary of State, or

(c)the provision meets the conditions in sub-paragraph (2).

(2)The conditions are—

(a)the provision—

(i)amends or revokes subordinate legislation made before [F160IP completion day] by a Northern Ireland devolved authority acting alone, or

(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

(c)the provision only forms part of the law of Northern Ireland,

(d)the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,

(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and

(f)the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.

11U.K.References in paragraphs 8 to 10, in connection with the making of regulations under this Part, to the subject-matter of any provision or subordinate legislation are to be read as references to the subject-matter of the provision or subordinate legislation when the regulations concerned are made.

[F161PART 1AU.K.Provision in connection with implementation period

Textual Amendments

Supplementary power in connection with implementation periodU.K.

11A(1)A devolved authority may by regulations—

(a)provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

(b)provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

(c)make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

(d)make such provision not falling within paragraph (a), (b) or (c) as the devolved authority considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

(2)A Minister of the Crown acting jointly with a devolved authority may by regulations—

(a)provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

(b)provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

(c)make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

(d)make such provision not falling within paragraph (a), (b) or (c) as they consider appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

(3)The power to make regulations under this Part may (among other things) be exercised by modifying any provision made by or under an enactment.

(4)In sub-paragraph (3) “enactment” does not include primary legislation passed or made after IP completion day.

(5)No regulations may be made under this Part after the end of the period of two years beginning with IP completion day.

(6)Regulations under sub-paragraph (1) are also subject to paragraphs 11B and 11C.

No power to make provision outside devolved competenceU.K.

11B(1)No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

(2)See paragraphs 11D to 11F for the meaning of “devolved competence” for the purposes of this Part.

Certain requirements for consent, joint exercise or consultationU.K.

11CParagraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1AU.K.

11DA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or

(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11EA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or

(b)it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11FA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

(a)the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i)would be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and

(ii)would not require the consent of the Secretary of State,

(b)the provision—

(i)amends or repeals Northern Ireland legislation, and

(ii)would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or

(c)the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).]

[F162PART 1BU.K.Provision in connection with certain other separation issues

Powers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreementU.K.

11G(1)A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

(a)to implement Part 3 of the withdrawal agreement (separation provisions),

(b)to supplement the effect of section 7A in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

(2)A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

(a)to implement Part 3 of the withdrawal agreement (separation provisions),

(b)to supplement the effect of section 7A in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

(3)A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

(a)to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

(b)to supplement the effect of section 7B in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

(4)A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

(a)to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

(b)to supplement the effect of section 7B in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

(5)Regulations under this Part may make any provision that could be made by an Act of Parliament.

(6)Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

(a)section 7A above and Part 3 of the withdrawal agreement, or

(b)section 7B above and Part 3 of the EEA EFTA separation agreement.

(7)But regulations under this Part may not—

(a)impose or increase taxation or fees,

(b)make retrospective provision,

(c)create a relevant criminal offence,

(d)establish a public authority,

(e)amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

(f)amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

(8)Regulations under sub-paragraph (1) or (3) are also subject to paragraphs 11H and 11I.

(9)In this paragraph references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

No power to make provision outside devolved competenceU.K.

11H(1)No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

(2)See paragraphs 11J to 11L for the meaning of “devolved competence” for the purposes of this Part.

Certain requirements for consent, joint exercise or consultationU.K.

11IParagraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1BU.K.

11JA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F163..., or

(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone F164....

11KA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F165... including any provision that could be made only with the consent of a Minister of the Crown), or

(b)it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone. F166...

11LA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

(a)the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i)would be within the legislative competence of the Assembly, F167..., and

(ii)would not require the consent of the Secretary of State,

(b)the provision—

(i)amends or repeals Northern Ireland legislation, and

(ii)would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F168... and require the consent of the Secretary of State, or

(c)the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone F169....]

[F170PART 1CU.K.Provision in connection with Protocol on Ireland/Northern Ireland

Power in connection with Protocol on Ireland/Northern IrelandU.K.

11M(1)A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

(a)to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

(b)to supplement the effect of section 7A in relation to the Protocol, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

(2)A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

(a)to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

(b)to supplement the effect of section 7A in relation to the Protocol, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

(3)Regulations under this Part may make any provision that could be made by an Act of Parliament.

(4)Regulations under this Part may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

(5)Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

(a)the authorities of a member State, or

(b)bodies established in a member State,

in respect of qualifying Northern Ireland goods.

(6)Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

(7)Regulations under sub-paragraph (1) are also subject to paragraphs 11N and 11O.

(8)In this paragraph any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

(a)any other provision of the withdrawal agreement so far as applying to the Protocol, and

(b)any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).

No power to make provision outside devolved competenceU.K.

11N(1)No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

(2)See paragraphs 11P to 11R for the meaning of “devolved competence” for the purposes of this Part.

Certain requirements for consent, joint exercise or consultationU.K.

11OParagraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1CU.K.

11PA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or

(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11QA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or

(b)it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11RA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

(a)the provision, if it were contained in an Act of the Northern Ireland Assembly—

(i)would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and

(ii)would not require the consent of the Secretary of State,

(b)the provision—

(i)amends or repeals Northern Ireland legislation, and

(ii)would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or

(c)the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) of the Northern Ireland Act 1998).]

F171Part 2U.K.Implementing the withdrawal agreement

Textual Amendments

F171Power to implement withdrawal agreementU.K.

F17112U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171No power to make provision outside devolved competenceU.K.

F17113U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171No power to modify retained direct EU legislation etc.U.K.

F17114U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171Requirement for consultation in certain circumstancesU.K.

F17115U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171Certain requirements for consent, joint exercise or consultationU.K.

F17116U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171Meaning of devolved competence: Part 2U.K.

F17117U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17118U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17119U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12(7), (8) and (12)

SCHEDULE 3U.K.Further amendments of devolution legislation and reporting requirement

Part 1U.K.Corresponding provision in relation to executive competence

Scotland Act 1998U.K.

1U.K.In section 57 of the Scotland Act 1998 (EU law and Convention rights)—

(a)in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with EU law) omit “or with EU law”, and

F172(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I34Sch. 3 para. 1(b) in force for specified purposes at Royal Assent, see s. 25(3)(a)

I35Sch. 3 para. 1(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I36Sch. 3 para. 1(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F173...U.K.

F1732U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I37Sch. 3 para. 2 in force for specified purposes at Royal Assent, see s. 25(3)(b)

I38Sch. 3 para. 2 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

Northern Ireland Act 1998U.K.

3U.K.In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—

(a)omit subsection (1)(b) (no power for the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law), and

F174(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I39Sch. 3 para. 3(b) in force for specified purposes at Royal Assent, see s. 25(3)(c)

I40Sch. 3 para. 3(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I41Sch. 3 para. 3(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F175Part 2U.K.Reports in connection with retained EU law restrictions

F175Reports on progress towards removing retained EU law restrictionsU.K.

F1754U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175InterpretationU.K.

F1755U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 U.K.Other amendments of devolution legislation

Scotland Act 1998U.K.

6U.K.The Scotland Act 1998 is amended as follows.

Commencement Information

I42Sch. 3 para. 6 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

7U.K.In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

Commencement Information

I43Sch. 3 para. 7 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

8U.K.In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—

(a)omit “or the European Parliamentary Elections Act 2002”, and

(b)omit “, European Parliamentary elections”.

Commencement Information

I44Sch. 3 para. 8 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

9(1)Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.U.K.

(2)In subsection (2)—

(a)after paragraph (a) insert “ and ”, and

(b)omit paragraph (c) and the “and” before it.

(3)In subsection (3), omit paragraph (b) and the “and” before it.

(4)In subsection (5)(a)—

(a)omit “or the European Parliamentary Elections Act 2002”, and

(b)omit “, European Parliamentary elections”.

Commencement Information

I45Sch. 3 para. 9 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

10U.K.In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Commencement Information

I46Sch. 3 para. 10 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

11U.K.Omit section 34 (ECJ references).

Commencement Information

I47Sch. 3 para. 11 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

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

(2)In subsection (4), omit paragraph (b) but not the “or” at the end of it.

(3)In subsection (5)(a), omit “, (b)”.

Commencement Information

I48Sch. 3 para. 12 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

13(1)Section 57 (EU law and Convention rights) is amended as follows.U.K.

(2)In the heading—

(a)omit “EU law and”, and

F176(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit subsection (1).

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

(2)In subsection (4)—

(a)insert “ or ” at the end of paragraph (a), and

(b)omit paragraph (b) and the “or” at the end of it.

(3)In subsection (4B), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I50Sch. 3 para. 14 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

15U.K.In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I51Sch. 3 para. 15 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

16(1)Section 82 (limits on salaries of members of the Parliament) is amended as follows.U.K.

(2)In subsection (1)—

(a)insert “ or ” at the end of paragraph (za), and

(b)omit paragraph (b) and the “or” before it.

(3)In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “ (1)(za) or (a) ”.

Commencement Information

I52Sch. 3 para. 16 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

17(1)Section 106 (power to adapt functions) is amended as follows.U.K.

(2)In subsection (5), for “an obligation under EU law” substitute “ a retained EU obligation ”.

(3)Omit subsection (7).

Commencement Information

I53Sch. 3 para. 17 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

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

Commencement Information

I54Sch. 3 para. 18 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

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

(2)Omit subsection (9).

(3)In subsection (10), omit “EU law or”.

Commencement Information

I55Sch. 3 para. 19 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

20U.K.In section 127 (index of defined expressions), omit the entry for EU law.

Commencement Information

I56Sch. 3 para. 20 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

21(1)Schedule 4 (enactments etc. protected from modification) is amended as follows.U.K.

(2)In paragraph 1(2)—

(a)omit paragraph (c), and

(b)after paragraph (f) insert ,

(g)the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act).

(3)Omit paragraph 13(1)(a).

Commencement Information

I57Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

I58Sch. 3 para. 21(1)(2)(a)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

22U.K.In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” substitute— “ The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law. ”

Commencement Information

I59Sch. 3 para. 22 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

23(1)Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.U.K.

F177(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraph (e), omit “or with EU law”.

(4)In the second sentence for the words from “the compatibility” to the end substitute “ a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) ”.

F17824U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17925U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26U.K.In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.

Commencement Information

I61Sch. 3 para. 26 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

Government of Wales Act 2006U.K.

27U.K.The Government of Wales Act 2006 is amended as follows.

Commencement Information

I62Sch. 3 para. 27 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

28U.K.In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.

Commencement Information

I63Sch. 3 para. 28 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

29U.K.In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—

(a)omit paragraph (c) but not the “and” at the end of it, and

(b)in paragraph (d) omit “, European Parliamentary elections”.

Commencement Information

I64Sch. 3 para. 29 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

30(1)Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.U.K.

(2)In subsection (2)—

(a)insert “ and ” at the end of paragraph (a), and

(b)omit paragraph (c) and the “and” before it.

(3)In subsection (3), omit paragraph (b) and the “and” before it.

Commencement Information

I65Sch. 3 para. 30 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

31U.K.In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.

Commencement Information

I66Sch. 3 para. 31 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

32(1)Section 21 (limit on salaries of Assembly members) is amended as follows.U.K.

(2)In subsection (1)—

(a)insert “ or ” at the end of paragraph (za), and

(b)omit paragraph (b) and the “or” before it.

(3)In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “ (1)(za) or (a) ”.

Commencement Information

I67Sch. 3 para. 32 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

33U.K.In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “ retained EU obligations ”.

Commencement Information

I68Sch. 3 para. 33 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

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

Commencement Information

I69Sch. 3 para. 34 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

35(1)Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.U.K.

(2)For the heading substitute “ Fees and charges in relation to international law ”.

(3)Omit subsections (1) to (4).

(4)In subsection (5), for “in pursuance of an EU obligation etc” substitute “ in pursuance of an international obligation ”.

Commencement Information

I70Sch. 3 para. 35 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

36U.K.In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “ Retained ”.

Commencement Information

I71Sch. 3 para. 36 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

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

(2)In the heading, before “EU” insert “ Retained ”.

(3)In subsection (1), for “An EU obligation” substitute “ A retained EU obligation ”.

(4)In subsection (2), for “an EU obligation” substitute “ a retained EU obligation ”.

(5)In subsection (3)—

(a)for “an EU obligation” substitute “ a retained EU obligation ”, and

(b)for “the EU obligation” substitute “ the retained EU obligation ”.

(6)In subsection (7)—

(a)for “an EU obligation” substitute “ a retained EU obligation ”, and

(b)for “the EU obligation” substitute “ the retained EU obligation ”.

F180(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38U.K.In section 111 (proceedings on Bills)—

(a)in subsection (6), omit paragraph (b) but not the “or” at the end of it, and

(b)in subsection (7)(a), omit “, (b)”.

Commencement Information

I73Sch. 3 para. 38 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

39U.K.Omit section 113 (ECJ references).

Commencement Information

I74Sch. 3 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

40U.K.In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Commencement Information

I75Sch. 3 para. 40 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

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

(2)In subsection (4)—

(a)insert “ or ” at the end of paragraph (a), and

(b)omit paragraph (b) and the “or” at the end of it.

(3)In subsection (6), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I76Sch. 3 para. 41 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

42U.K.In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I77Sch. 3 para. 42 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F18143U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44U.K.In section 158(1) (interpretation)—

(a)omit the definition of “EU law”, and

(b)in the definition of “international obligations” omit “EU law or”.

Commencement Information

I78Sch. 3 para. 44 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

45U.K.In section 159 (index of defined expressions), omit the entry for EU law.

Commencement Information

I79Sch. 3 para. 45 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

46U.K.In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).

Commencement Information

I80Sch. 3 para. 46 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

47U.K.In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—

77The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.

Commencement Information

I81Sch. 3 para. 47 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

48U.K.In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

(a)omit the entry for the European Communities Act 1972, and

(b)after the entry for the Energy Act 2008 insert—

The European Union (Withdrawal) Act 2018The whole Act.

Commencement Information

I82Sch. 3 para. 48(b) in force at Royal Assent, see s. 25(1)(b)

I83Sch. 3 para. 48(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

49U.K.In Schedule 11 (transitional provisions), omit paragraph 35A and the heading before it (instrument containing provisions under transferred power and provision under power in section 2(2) of the European Communities Act 1972: Assembly procedure).

Commencement Information

I84Sch. 3 para. 49 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

Northern Ireland Act 1998U.K.

50U.K.The Northern Ireland Act 1998 is amended as follows.

Commencement Information

I85Sch. 3 para. 50 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

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

(2)In subsection (1)—

(a)for “subsection (2)” substitute “ subsection (2A) ”,

(b)omit paragraph (a),

(c)omit “and” at the end of paragraph (c), and

(d)after paragraph (d) insert ; and

(e)the European Union (Withdrawal) Act 2018.

(3)Omit subsection (2).

(4)Before subsection (3) insert—

(2A)Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—

(a)paragraph 1(11) or (12) or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,

(b)paragraph 21 of Schedule 8 to that Act, or

(c)any regulations made under that Act.

Commencement Information

I86Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

I87Sch. 3 para. 51(1)(2)(a)(b)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

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

Commencement Information

I88Sch. 3 para. 52 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

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

Commencement Information

I89Sch. 3 para. 53 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

54U.K.In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Commencement Information

I90Sch. 3 para. 54 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

55U.K.In the heading of section 24 (EU law, Convention rights etc.)—

(a)omit “EU law,”, and

F182(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56(1)Section 27 (quotas for purposes of international etc. obligations) is amended as follows.U.K.

(2)In subsection (1)(a), for “an obligation under EU law” substitute “ a retained EU obligation ”.

(3)In subsection (2), for “obligation under EU law” substitute “ retained EU obligation ”.

(4)In subsection (4), omit “or an obligation under EU law”.

(5)After that subsection insert—

(4A)Where an order under subsection (1) is in force in relation to a retained EU obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.

Commencement Information

I92Sch. 3 para. 56 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F18357U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18458U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59U.K.In section 98(1) (interpretation)—

(a)omit the definition of “EU law”, and

(b)in the definition of “international obligations” omit “EU law or”.

Commencement Information

I93Sch. 3 para. 59 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

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

(2)In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “ and obligations under the Human Rights Convention ”.

(3)In paragraph 12(1), omit “, the European Parliament”.

Commencement Information

I94Sch. 3 para. 60 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

61U.K.In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “ The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law, other than ”.

Commencement Information

I95Sch. 3 para. 61 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

62U.K.In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.

Commencement Information

I96Sch. 3 para. 62 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

Section 14(1)

SCHEDULE 4U.K.Powers in connection with fees and charges

Part 1 U.K.Charging in connection with certain new functions

Power to provide for fees or chargesU.K.

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—U.K.

(a)section 8 or Part 1 of Schedule 2 (powers to deal with deficiencies arising from withdrawal), F185. . .

[F186(aa)section 8B or Part 1B of Schedule 2 (powers in connection with Part 3 of the withdrawal agreement and Part 3 of the EEA EFTA separation agreement), or

(ab)section 8C or Part 1C of Schedule 2 (powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement)]

F185(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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”U.K.

2(1)A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1.U.K.

(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 consentU.K.

3(1)A Minister of the Crown may only make regulations under paragraph 1 with the consent of the Treasury.U.K.

(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 authoritiesU.K.

4U.K.A Minister of the Crown may by regulations—

(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 provisionU.K.

5(1)Subject to [F187sub-paragraphs (2) and (2A)], no regulations may be made under paragraph 1 after the end of the period of two years beginning with [F188IP completion day].U.K.

(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.

[F189(2A)This paragraph does not apply in relation to regulations made under paragraph 1(1)(aa) or (ab).]

(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 powersU.K.

6U.K.This Part does not affect the powers under [F190sections 8 to 8C] 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.

Part 2 U.K.Modifying pre-exit fees or charges

Power to modify pre-exit fees or chargesU.K.

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—U.K.

(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 [F191assimilated] 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”U.K.

8U.K.In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—

(a)under section 2(2) of the European Communities Act 1972 immediately before [F192IP completion day], 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 powerU.K.

9(1)Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.U.K.

(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 consentU.K.

10U.K.If a Minister of the Crown—

(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 powersU.K.

11U.K.This Part does not affect the powers under [F193sections 8 to 8C] 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.

Section 15(1) and (2)

SCHEDULE 5U.K.Publication and rules of evidence

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

Things that must or may be publishedU.K.

1(1)The Queen's Printer must make arrangements for the publication of—U.K.

(a)each relevant instrument that has been published before [F194IP completion day] by an EU entity, and

(b)the relevant international agreements.

(2)In this paragraph—

(3)The Queen's Printer may make arrangements for the publication of—

(a)any decision of, or expression of opinion by, the European Court, or

(b)any other document published by an EU entity.

(4)The Queen's Printer may make arrangements for the publication of anything which the Queen's Printer considers may be useful in connection with anything published under this paragraph.

(5)This paragraph does not require the publication of—

(a)anything repealed before [F195IP completion day], or

(b)any modifications made on or after [F196IP completion day].

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I97Sch. 5 para. 1 in force at 3.7.2019 by S.I. 2019/1077, reg. 2(a)

Exceptions from duty to publishU.K.

2(1)A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on [F197IP completion day]) retained direct EU legislation.U.K.

(2)An exception is created by giving a direction to the Queen's Printer specifying the instrument or category of instruments that are excepted.

(3)A Minister of the Crown must publish any direction under this paragraph.

(4)In this paragraph—

Textual Amendments

Commencement Information

I98Sch. 5 para. 2 in force at 4.7.2018 by S.I. 2018/808, reg. 3(d)

Part 2 U.K.Rules of evidence

Questions as to meaning of EU lawU.K.

3(1)Where it is necessary, [F198in legal proceedings], to decide a question as to—U.K.

(a)the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or

(b)the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated F199... as a question of law.

(2)In this paragraph—

Power to make provision about judicial notice and admissibilityU.K.

4(1)A Minister of the Crown may by regulations—U.K.

(a)make provision enabling or requiring judicial notice to be taken of a relevant matter, or

(b)provide for the admissibility in any legal proceedings of specified evidence of—

(i)a relevant matter, or

(ii)instruments or documents issued by or in the custody of an EU entity.

(2)Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).

(3)Regulations under this paragraph may modify any provision made by or under an enactment.

(4)In sub-paragraph (3) “enactment” does not include primary legislation passed or made after [F201IP completion day].

(5)For the purposes of this paragraph each of the following is a “relevant matter”—

[F202(a)assimilated law,]

(b)EU law,

(c)the EEA agreement,

[F203(ca)the EEA EFTA separation agreement,

(cb)the Swiss citizens' rights agreement,

(cc)the withdrawal agreement,] and

(d)anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) [F204, (c), (ca), (cb) or (cc)].

Section 20(1)

SCHEDULE 6U.K.Instruments which are exempt EU instruments

EU decisionsU.K.

1F205(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2)If any decision under Title V or former Title V of the Treaty on European Union is a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union (and accordingly falls within the definition of “EU decision” in section 20(1)), it is “an exempt EU instrument”.

(3)In sub-paragraph (2), the reference to former Title V of the Treaty on European Union is a reference to that Title as it had effect at any time before the coming into force of the Treaty of Lisbon.

EU regulationsU.K.

F2062U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EU tertiary legislationU.K.

3U.K.EU tertiary legislation is “an exempt EU instrument” so far as it is made under—

(a)an EU decision F207... which is an exempt EU instrument, F208...

F208(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InterpretationU.K.

F2094U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 22

SCHEDULE 7U.K.Regulations

Part 1U.K.Scrutiny of powers to deal with deficiencies

Scrutiny of regulations made by Minister of the Crown or devolved authority acting aloneU.K.

1(1)A statutory instrument containing regulations under section 8(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.U.K.

(2)Provision falls within this sub-paragraph if it—

(a)provides for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,

(b)relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,

(c)creates, or widens the scope of, a criminal offence, or

(d)creates or amends a power to legislate.

(3)Any other statutory instrument containing regulations under section 8(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(4)See paragraph 3 for restrictions on the choice of procedure under sub-paragraph (3).

(5)A statutory instrument containing regulations under section 8 (3)(b) (including as applied by paragraph 1(3) of Schedule 2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6)Regulations under Part 1 of Schedule 2 of the Scottish Ministers which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(7)Any other regulations under Part 1 of Schedule 2 of the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(8)A statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(9)Any other statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.

(10)See paragraph 4 for restrictions on the choice of procedure under sub-paragraph (9).

(11)Regulations under Part 1 of Schedule 2 of a Northern Ireland department which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(12)Any other regulations under Part 1 of Schedule 2 of a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(13)This paragraph—

(a)does not apply to regulations to which paragraph 2 applies, and

(b)is subject to paragraphs 5 to 8.

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointlyU.K.

2(1)This paragraph applies to regulations under Part 1 of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.U.K.

(2)The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3)A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)Any other statutory instrument containing regulations to which this paragraph applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 1(2) are subject to the affirmative procedure.

(6)Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

(7)Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) or (6) applies and which are subject to the affirmative procedure as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(8)Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

(9)Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

(10)A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11)Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.

(12)Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 1(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(13)Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

(14)If in accordance with sub-paragraph (4), (6), (11) or (13)—

(a)either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

(b)a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

(15)In sub-paragraph (14) “relevant devolved legislature” means—

(a)in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

(b)in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

(c)in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

(16)Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

(17)Sub-paragraphs (14) [F210to (16)] apply in place of provision made by any other enactment about the effect of such a resolution.

Parliamentary committee to sift certain deficiencies regulations of a Minister of the CrownU.K.

3(1)Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 1(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.U.K.

(2)The Minister may not make the instrument so that it is subject to that procedure unless—

(a)condition 1 is met, and

(b)either condition 2 or 3 is met.

(3)Condition 1 is that a Minister of the Crown—

(a)has made a statement in writing to the effect that in the Minister's opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)has laid before each House of Parliament—

(i)a draft of the instrument, and

(ii)a memorandum setting out the statement and the reasons for the Minister's opinion.

(4)Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.

(5)Condition 3 is that the relevant period has ended without condition 2 being met.

(6)Sub-paragraph (7) applies if—

(a)a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

(b)the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

(c)the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

(8)If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.

(9)A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(10)In this paragraph “the relevant period” means the period—

(a)beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and

(b)ending with whichever of the following is the later—

(i)the end of the period of 10 Commons sitting days beginning with that first day, and

(ii)the end of the period of 10 Lords sitting days beginning with that first day.

(11)For the purposes of sub-paragraph (10)—

(a)where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

F211(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F211...

(12)Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 1(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 1(3) or 5).

(13)Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.

Textual Amendments

F211Sch. 7 para. 3(11)(b)(c) and words omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(viii), Sch. 5 para. 50(b) (with s. 38(3), Sch. 5 para. 66)

Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh MinistersU.K.

4(1)Sub-paragraph (2) applies if the Welsh Ministers are to make a statutory instrument to which paragraph 1(9) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.U.K.

(2)The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

(a)condition 1 is met, and

(b)either condition 2 or 3 is met.

(3)Condition 1 is that the Welsh Ministers—

(a)have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and

(b)have laid before the Assembly—

(i)a draft of the instrument, and

(ii)a memorandum setting out the statement and the reasons for the Welsh Ministers' opinion.

(4)Condition 2 is that a committee of the National Assembly for Wales charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(5)Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the National Assembly for Wales as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).

(6)In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is—

(a)dissolved, or

(b)in recess for more than four days.

(7)Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 1(9) applies is made that another procedure should apply to the instrument (whether under paragraph 1(9) or 7).

(8)Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before the Assembly) does not apply in relation to any statutory instrument to which this paragraph applies.

F212(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scrutiny procedure in certain urgent deficiencies cases: Ministers of the CrownU.K.

5(1)Sub-paragraph (2) applies to—U.K.

(a)a statutory instrument to which paragraph 1(1) applies, or

(b)a statutory instrument to which paragraph 1(3) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

(2)The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

(3)After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

(4)Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(5)In calculating the period of 28 days, no account is to be taken of any time during which—

(a)Parliament is dissolved or prorogued, or

(b)either House of Parliament is adjourned for more than four days.

(6)If regulations cease to have effect as a result of sub-paragraph (4), that does not—

(a)affect the validity of anything previously done under the regulations, or

(b)prevent the making of new regulations.

(7)Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)Paragraph 3 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

Scrutiny procedure in certain urgent deficiencies cases: devolved authoritiesU.K.

6(1)This paragraph applies to—U.K.

(a)regulations to which paragraph 1(6) applies, or

(b)regulations to which paragraph 1(7) applies which would not otherwise be made without being subject to the affirmative procedure.

(2)The regulations may be made without being subject to the affirmative procedure if the regulations contain a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to that procedure.

(3)After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament.

(4)Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

(5)In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is—

(a)dissolved, or

(b)in recess for more than four days.

(6)If regulations cease to have effect as a result of sub-paragraph (4), that does not—

(a)affect the validity of anything previously done under the regulations, or

(b)prevent the making of new regulations.

F213(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7(1)Sub-paragraph (2) applies to—U.K.

(a)a statutory instrument to which paragraph 1(8) applies, or

(b)a statutory instrument to which paragraph 1(9) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales.

(2)The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales if it contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

(3)After an instrument is made in accordance with sub-paragraph (2), it must be laid before the National Assembly for Wales.

(4)Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

(5)In calculating the period of 28 days, no account is to be taken of any time during which the National Assembly for Wales is—

(a)dissolved, or

(b)in recess for more than four days.

(6)If regulations cease to have effect as a result of sub-paragraph (4), that does not—

(a)affect the validity of anything previously done under the regulations, or

(b)prevent the making of new regulations.

(7)Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(9) applies where the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(8)Paragraph 4 does not apply in relation to the instrument if the instrument contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.

F214(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8(1)This paragraph applies to—U.K.

(a)regulations to which paragraph 1(11) applies, or

(b)regulations to which paragraph 1(12) applies which would not otherwise be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly.

(2)The regulations may be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly if they contain a declaration that the Northern Ireland department concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.

(3)After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly.

(4)Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.

(5)In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

(a)dissolved,

(b)in recess for more than four days, or

(c)adjourned for more than six days.

(6)If regulations cease to have effect as a result of sub-paragraph (4), that does not—

(a)affect the validity of anything previously done under the regulations, or

(b)prevent the making of new regulations.

F215(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F216PART 1AU.K.Scrutiny of Specific Powers Relating to Withdrawal Agreement Etc.

Textual Amendments

F216Sch. 7 Pt. 1A inserted (23.1.2020 for specified purposes, 31.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(ix), Sch. 5 para. 51 (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxiii); S.I. 2020/518, reg. 2(p)(i)

Powers in connection with Part 4 of the withdrawal agreementU.K.

8AA statutory instrument containing regulations under section 1A(3)(a)(ii) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

8B(1)A statutory instrument containing regulations under section 8A which amend, repeal or revoke—

(a)primary legislation, F217...

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2)Any other statutory instrument containing regulations under section 8A is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

(a)primary legislation, F218...

F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4)Any other regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(5)A statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

(a)primary legislation, F219...

F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6)Any other statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7)Regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

(a)primary legislation, F220...

F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8)Any other regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Textual Amendments

F217Sch. 7 para. 8B(1)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(a)

F218Sch. 7 para. 8B(3)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(a)

F219Sch. 7 para. 8B(5)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(a)

F220Sch. 7 para. 8B(7)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(a)

8C(1)This paragraph applies to regulations under Part 1A of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

(2)The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

(3)A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

(a)primary legislation, F221...

F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4)Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

(a)primary legislation, F222...

F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are subject to the affirmative procedure.

(6)Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

(7)Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).