European Union (Withdrawal) Act 2018

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 F1..., 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 [F2IP 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.

Textual Amendments

F2Words in Sch. 2 para. 8(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)

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 (F3... 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 [F4IP 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.

Textual Amendments

F4Words in Sch. 2 para. 9(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(c), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)

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, F5..., 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 F6... 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 [F7IP 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.

Textual Amendments

F7Words in Sch. 2 para. 10(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(d), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)

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.