http://www.legislation.gov.uk/ukpga/2023/28/section/9Retained EU Law (Revocation and Reform) Act 2023Statute Law Database2026-01-09Expert Participation2026-01-01 91Part 1 of Schedule 8 to the European Union (Withdrawal) Act 2018 (general consequential provision) is amended as specified in subsections (2) to (7).2In paragraph 3 (existing powers to make subordinate legislation etc: modifications)—ain sub-paragraph (1) omit paragraph (b) (and the “and” immediately before it);bomit sub-paragraph (2).3In paragraph 4 (procedure for existing powers to make subordinate legislation etc)—aomit sub-paragraphs (1) to (5);bbefore sub-paragraph (6) insert—5AAny 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.;cin sub-paragraph (9) omit “amending or repealing an enactment contained in primary legislation or” and “amending or repealing or (as the case may be)”;domit sub-paragraph (10).4Omit paragraphs 5 and 6.5Omit paragraphs 10 and 11 (but not the italic heading before paragraph 10).6Before paragraph 12 insert—11A—1This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred—aon or after the day on which this Act is passed, andbbefore the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.2The power 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 retained direct EU legislation or anything which is retained EU law by virtue of section 4.3But sub-paragraph (2) enables a power in retained direct minor EU legislation to be exercised to modify (or result in the modification of) any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4 only if—athe modification is—iconsistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, andiisupplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation, orbthe power is a power to make, confirm or approve transitional, transitory or saving provision.11B—1This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred on or after the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.2The power is to be read, so far as applicable and unless the contrary intention appears, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct EU legislation or anything which is retained EU law by virtue of section 4.3But sub-paragraph (2) enables a power in retained direct minor EU legislation to be exercised to modify (or result in the modification of) any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4 only if—athe modification is—iconsistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, andiisupplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation, orbthe power is a power to make, confirm or approve transitional, transitory or saving provision.4For the purposes of sub-paragraph (2), there is no contrary intention merely because a power is expressed as being capable of being exercised—ato modify all enactments or a particular category of enactments, orbto make a particular category of modifications to all enactments or to a particular category of enactments.7In paragraph 12—ain sub-paragraphs (1) and (2) for “10 and 11” substitute “11A and 11B”;bafter sub-paragraph (3) insert—4Sub-paragraph (5) applies in relation to a power if—aparagraph 11A applies in relation to the power, andbimmediately before the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023, and by virtue of a combination of provision in the power and paragraph 10 or 11 as it then had effect, the power was capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct EU legislation or anything which is retained EU law by virtue of section 4.5The continued existence of the provision in the power does not prevent the context from permitting or requiring the power to be read in accordance with paragraph 11A so far as the reading provided for by that paragraph is not provided for by the provision concerned (and, accordingly, the power continues to be capable of being exercised as mentioned in sub-paragraph (4) on and after the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023).8Part 1 of Schedule 3 contains amendments altering the parliamentary procedure applicable to certain powers when they modify retained direct EU legislation.9Part 2 of that Schedule contains amendments consequential on the amendments made by this section.S. 9 in force at Royal Assent, see s. 22(1)(d)