SCHEDULES
SCHEDULE 7

Regulations
Part 3

General provision about powers under Act

Scope of consequential and transitional powers
23
1
The fact that anything continues to be, or forms part of, domestic law by virtue of any provision of sections 1A to 6 or Schedule 1 does not prevent it from being modified by regulations made under section 23(1) in consequence of any other provision made by or under this Act.
2
Accordingly, anything which continues to be domestic law by virtue of section 1B(2) or any assimilated law may, for example, be modified by regulations made under section 23(1) in consequence of the repeal of any enactment contained in the European Communities Act 1972.
3
The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with—
a
the repeal of any enactment contained in the European Communities Act 1972, or
b
the withdrawal of the United Kingdom from the EU,
which is additional to that made by any provision of sections 1A to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
4
The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which—
a
is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—
i
the repeal of any enactment contained in the European Communities Act 1972, or
ii
the withdrawal of the United Kingdom from the EU, and
b
is additional to that made by any provision of sections 1A to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
5
Provision of the kind mentioned in sub-paragraph (3) or (4) may (among other things) include further provision treating any provision of that kind as anything which continues to be domestic law by virtue of section 1B(2), or as assimilated law, for particular purposes or all purposes.
Words in Sch. 7 para. 23(2) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(b) (with s. 38(3), Sch. 5 para. 66)
Words in Sch. 7 para. 23(5) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(e) (with s. 38(3), Sch. 5 para. 66)
Words in Sch. 7 para. 23(4)(b) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(d) (with s. 38(3), Sch. 5 para. 66)
Words in Sch. 7 para. 23(3) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(c) (with s. 38(3), Sch. 5 para. 66)
Words in Sch. 7 para. 23(1) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(a) (with s. 38(3), Sch. 5 para. 66)
Word in Sch. 7 para. 23 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)