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European Union (Withdrawal) Act 2018, Cross Heading: Future powers to make subordinate legislation is up to date with all changes known to be in force on or before 20 September 2024. 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.
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10(1)This paragraph applies to any power to make, confirm or approve subordinate legislation which is conferred on or after the day on which this Act is passed.U.K.
(2)Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may—
(a)so far as is consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and
(b)so far as applicable and unless the contrary intention appears,
be exercised to modify (or, as the case may be, result in the modification of) any retained direct minor EU legislation.
(3)Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may, so far as applicable and unless the contrary intention appears, be exercised to modify (or, as the case may be, result in the modification of)—
(a)any retained direct principal EU legislation, or
(b)anything which is retained EU law by virtue of section 4,
so far as the modification is supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation by virtue of sub-paragraph (2).
(4)Any power to which this paragraph applies so far as it is a power to make, confirm or approve transitional, transitory or saving provision may, so far as applicable and unless the contrary intention appears, be exercised to modify (or, as the case may be, result in the modification of)—
(a)any retained direct EU legislation, or
(b)anything which is retained EU law by virtue of section 4.
Modifications etc. (not altering text)
C1Sch. 8 paras. 10-12 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. 10 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I2Sch. 8 para. 10 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)
11(1)Sub-paragraph (2) applies to any power to make, confirm or approve subordinate legislation which—U.K.
(a)is conferred on or after the day on which this Act is passed, and
(b)is capable of being exercised to amend or revoke (or, as the case may be, result in the amendment or revocation of) any retained direct principal EU legislation.
(2)The power may, so far as applicable and unless the contrary intention appears, be exercised—
(a)to modify otherwise than by way of amendment or revocation (or, as the case may be, result in such modification of) any retained direct principal EU legislation, or
(b)to modify (or, as the case may be, result in the modification of) anything which is retained EU law by virtue of section 4.
Modifications etc. (not altering text)
C1Sch. 8 paras. 10-12 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
I3Sch. 8 para. 11 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I4Sch. 8 para. 11 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)
12(1)Paragraphs 10 and 11 and this paragraph—U.K.
(a)do not prevent the conferral of wider powers,
(b)do not apply so far as section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or section 24(3) of the Northern Ireland Act 1998 applies (or would apply when in force on and after [F1IP completion day]), and
(c)are subject to any other provision made by or under this Act or any other enactment.
(2)For the purposes of paragraphs 10 and 11—
(a)a power is conferred whether or not it is in force,
(b)a power in retained direct EU legislation is conferred on or after the day on which this Act is passed, and
(c)the references to powers conferred include powers conferred by regulations under this Act (but not powers conferred by this Act).
(3)A power which, by virtue of paragraph 10 or 11 or any Act of Parliament passed after [F2this Act and before IP completion day], is capable of being exercised to modify any retained EU law is capable of being so exercised before [F3IP completion day] so as to come into force on or after [F3IP completion day].
Textual Amendments
F1Words in Sch. 8 para. 12(1)(b) 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(7)(a) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)
F2Words in Sch. 8 para. 12(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(7)(b)(i) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)
F3Words in Sch. 8 para. 12(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(7)(b)(ii) (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. 10-12 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. 12 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)
I6Sch. 8 para. 12 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)
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