European Union (Withdrawal) Act 2018

Existing powers to make subordinate legislation etc.U.K.

3(1)Any power to make, confirm or approve subordinate legislation which—U.K.

(a)was conferred before the day on which this Act is passed, F1...

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is to be read, so far as the context permits or requires, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any [F2assimilated direct] legislation F3....

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I1Sch. 8 para. 3 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I2Sch. 8 para. 3 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)

4F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(5A)Any subordinate legislation which is (or is to be) made, confirmed or approved by virtue of paragraph 3 is subject to the same procedure (if any) before Parliament, the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as would apply to that legislation if it were amending or revoking an enactment contained in subordinate legislation made under a different power.]

(6)Any provision which may be made, confirmed or approved by virtue of paragraph 3 may be included in the same instrument as any other provision which may be so made, confirmed or approved.

(7)Where more than one procedure of a kind falling within sub-paragraph (8) would otherwise apply in the same legislature for an instrument falling within sub-paragraph (6), the higher procedure is to apply in the legislature concerned.

(8)The order of procedures is as follows (the highest first)—

(a)a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,

(b)a procedure which requires the approval of the instrument in draft before it is made,

(c)a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,

(d)a procedure which provides for the annulment of the instrument after it is made,

(e)a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,

(f)no procedure.

(9)The references in this paragraph to F7... amending or revoking an enactment contained in subordinate legislation do not include references to F7... amending or revoking an enactment contained in any Northern Ireland legislation which is an Order in Council.

F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

C2Sch. 8 para. 4 excluded (29.6.2023) by 2006 c. 51, s. 12(3) (as inserted by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 16(3), 22(1)(d))

Commencement Information

I3Sch. 8 para. 4 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I4Sch. 8 para. 4 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)

F95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F117U.K.Any power to make, confirm or approve subordinate legislation which, immediately before exit day, is subject to an implied restriction that it is exercisable only compatibly with EU law is to be read—

(a)on or after exit day, without that restriction, and

(b)on or after IP completion day, without any corresponding restriction in relation to compatibility with [F12assimilated] law,

so far as the restriction concerned is not applicable to and in the United Kingdom by virtue of the withdrawal agreement.]

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I5Sch. 8 para. 7 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I6Sch. 8 para. 7 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)

8(1)Paragraphs 3 to 7 and this paragraph—U.K.

(a)do not prevent the conferral of wider powers,

F13(b)... and

(c)are subject to any other provision made by or under this Act or any other enactment.

(2)For the purposes of paragraphs 3 and 5—

(a)a power is conferred whether or not it is in force, and

(b)a power in [F14assimilated direct] legislation is not conferred before the day on which this Act is passed.

(3)A power which, by virtue of paragraph 3 or 5 or any Act of Parliament passed before, and in the same Session as, this Act, is capable of being exercised to modify any retained EU law is capable of being so exercised before [F15IP completion day] so as to come into force on or after [F15IP completion day].

Textual Amendments

F15Words in Sch. 8 para. 8(3) substituted (30.1.2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(5)(b) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

Modifications etc. (not altering text)

C1Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I7Sch. 8 para. 8 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I8Sch. 8 para. 8 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(i)