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European Union (Withdrawal) Act 2018

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Changes over time for: Cross Heading: Scotland Act 1998

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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

European Union (Withdrawal) Act 2018, Cross Heading: Scotland Act 1998 is up to date with all changes known to be in force on or before 24 October 2020. 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. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Scotland Act 1998U.K.

Prospective

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

Prospective

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

Prospective

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”.

Prospective

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”.

Prospective

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

Prospective

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

Prospective

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)”.

Prospective

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

(b)after “rights” insert “ and retained EU law ”.

(3)Omit subsection (1).

Prospective

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) ”.

Prospective

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) ”.

Prospective

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) ”.

Prospective

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).

Prospective

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

Prospective

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

(2)Omit subsection (9).

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

Prospective

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

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

I1Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

Prospective

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. ”

Prospective

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

(2)In the first paragraph (d) for “with EU law” substitute “ in breach of the restriction in section 57(4) ”.

(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) ”.

24(1)The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows.U.K.

(2)After the entry for section 30 insert—

Section 30AType C.

(3)After the entry for section 56(2) insert—

Section 57(4)Type C.

Commencement Information

I2Sch. 3 para. 24(2)(3) in force for specified purposes at Royal Assent, see s. 25(3)(d)(e)

25U.K.After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—

6(1)This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) 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 Parliament 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 the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.

(3)A statement of a Minister of the Crown under sub-paragraph (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 paragraph, 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)This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.

Commencement Information

I3Sch. 3 para. 25 in force for specified purposes at Royal Assent, see s. 25(3)(f)

Prospective

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

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