PART 5Northern Ireland

Amendment of the Interpretation Act (Northern Ireland) 19547

1

The Interpretation Act (Northern Ireland) 19549 is amended as follows.

2

In section 11 (references in enactments)—

a

for subsections (1A) and (1B), substitute—

1A

Except to the extent provided by subsection (1AA), subsection (1) does not apply to a reference in an enactment to retained direct EU legislation (but, for provision about references to EU legislation, see—

a

paragraphs 1 to 2A of Schedule 8 to the European Union (Withdrawal) Act 2018,

b

subsections (1B) to (1F), and

c

section 11A).

1AA

A reference in an enactment to a statutory provision which is subordinate legislation made under retained direct EU legislation is a reference to which subsection (1) applies; and “subordinate legislation” here means subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act).

1B

Subsection (1C) applies to a reference in an enactment so far as the reference is to be read in accordance with paragraph 2A(3) of Schedule 8 to the European Union (Withdrawal) Act 2018 (certain references to certain EU laws to be read as referring to those laws as they form part of domestic law).

b

in subsection (1C), for the words from the beginning to “referred to” substitute “The reference is not only to be read in accordance with paragraph 2A(3) of Schedule 8 to that Act but shall also be construed as referring to the subject law (within the meaning given by paragraph 2A(3)(b) of that Schedule)”,

c

in subsection (1D)(b), after “domestic law” insert “(to any extent)”,

d

in subsection (1E), at the beginning insert “Subject to section 11A,”.

3

After section 11 insert—

References to EU instruments etc which have direct effect11A

1

Subsection (2) applies where—

a

an enactment passed or made on or after IP completion day refers to any treaty relating to the EU or any instrument or other document of an EU entity, and

b

the treaty, instrument or document has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (general implementation of remainder of EU withdrawal agreement etc).

2

So far as required for the purposes of relevant separation agreement law, the reference shall be construed as a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).

3

In this section—

  • “EU entity” has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;

  • “relevant separation agreement law” has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018; and

  • “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).