European Union (Withdrawal) Act 2018

Scope and nature of powers: general U.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).

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

(a) may be exercised so as to—

(i) modify [F1 anything which continues to be domestic law by virtue of section 1B(2) or any] [F2 assimilated] 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 [F3 anything which continues to be domestic law by virtue of section 1B(2), or any [F2 assimilated] law,] in a clearer or more accessible way).

Textual Amendments

F1 Words in Sch. 7 para. 21(a)(i) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(2)(a) (with s. 38(3), Sch. 5 para. 66)

F2 Word in Sch. 7 para. 21 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(14)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F3 Words in Sch. 7 para. 21(b) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(2)(b) (with s. 38(3), Sch. 5 para. 66)

Modifications etc. (not altering text)

C1 Sch. 7 para. 21 applied (with modifications) (26.10.2018) by The Financial Regulators Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 1(2), 3(3)

C2 Sch. 7 para. 21 applied (31.12.2020) by Regulation (EC) No. 714/2009, Art. 6(7) (as substituted by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 4; 2020 c. 1, Sch. 5 para. 1(1))

C3 Sch. 7 para. 21 applied (31.12.2020) by Regulation (EC) No. 715/2009, Art. 6(7) (as substituted by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 10; 2020 c. 1, Sch. 5 para. 1(1))

22 U.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.