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Version Superseded: 31/12/2020
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European Union (Withdrawal) Act 2018, Cross Heading: Northern Ireland Act 1998 is up to date with all changes known to be in force on or before 25 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 31/12/2020
50U.K.The Northern Ireland Act 1998 is amended as follows.
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
I1Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)
Valid from 31/12/2020
52U.K.Omit section 12 (reconsideration where reference made to ECJ).
Valid from 31/12/2020
53U.K.In section 13 (stages of Bills), omit subsection (5)(b).
Valid from 31/12/2020
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.
Valid from 31/12/2020
55U.K.In the heading of section 24 (EU law, Convention rights etc.)—
(a)omit “EU law,”, and
(b)after “rights” insert “ , retained EU law ”.
Valid from 31/12/2020
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.”
57U.K.After section 96(4) (orders and regulations) insert—
“(4A)Regulations under section 6A or 24(3)—
(a)shall be made by statutory instrument, and
(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
Commencement Information
I2Sch. 3 para. 57 in force for specified purposes at Royal Assent, see. s. 25(3)(h)
58U.K.After section 96 (orders and regulations) insert—
(1)This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.
(2)Before the draft is laid, the Minister of the Crown who is to make the instrument—
(a)must make a statement explaining the effect of the instrument, and
(b)in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—
(i)must make a statement explaining why the Minister has decided to lay the draft despite this, and
(ii)must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by a relevant Minister giving the opinion of the relevant Minister as to why the Assembly has not made that decision.
(3)A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.
(4)For the purposes of this section, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
(5)In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.
(6)This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.”
Commencement Information
I3Sch. 3 para. 58 in force for specified purposes at Royal Assent, see s. 25(3)(h)
Valid from 31/12/2020
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”.
Valid from 31/12/2020
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”.
Valid from 31/12/2020
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 ”.
Valid from 31/12/2020
62U.K.In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.
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