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European Union (Withdrawal) Act 2018

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Changes over time for: Cross Heading: Scope and nature of powers: general

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Changes to legislation:

European Union (Withdrawal) Act 2018, Cross Heading: Scope and nature of powers: general is up to date with all changes known to be in force on or before 06 June 2025. 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

Scope and nature of powers: generalU.K.

20(1)Any power to make regulations under this Act—U.K.

(a)so far as exercisable by a Minister of the Crown or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,

(b)so far as exercisable by the Welsh Ministers or by the Welsh Ministers acting jointly with a Minister of the Crown, is exercisable by statutory instrument, and

(c)so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).

(2)For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

21U.K.Any power to make regulations under this Act—

(a)may be exercised so as to—

(i)modify [F1anything which continues to be domestic law by virtue of section 1B(2) or any] [F2assimilated] law, or

(ii)make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and

(b)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision (including provision re-stating [F3anything which continues to be domestic law by virtue of section 1B(2), or any [F2assimilated] law,] in a clearer or more accessible way).

22U.K.The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make regulations under this Act.

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