Statement by the Delegation of the Russian Federation on the recent developments in eastern Ukraine
The European Communities Act 1972 is repealed on exit day.
EU-derived domestic legislation, as it has effect in domestic law immediately before IP completion day, continues to have effect in domestic law on and after IP completion day.
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made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,
passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,
relating to anything—
which falls within paragraph (a) or (b), or
to which section 3(1) or 4(1) applies, or
relating otherwise to the EU or the EEA,
This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) and section 5A (savings and incorporation: supplementary).
Direct EU legislation, so far as operative immediately before IP completion day, forms part of domestic law on and after IP completion day.
In this Act “direct EU legislation” means—
any EU regulation, EU decision or EU tertiary legislation, as it has effect in EU law immediately before IP completion day and so far as—
it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,
it is not an exempt EU instrument (for which see section 20(1) and Schedule 6), and
it neither has effect nor is to have effect by virtue of section 7A or 7B,
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its effect is not reproduced in an enactment to which section 2(1) applies,
any Annex to the EEA agreement, as it has effect in EU law immediately before IP completion day and so far as—
it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,
it refers to, or contains adaptations of, anything falling within paragraph (a), and
it neither has effect nor is to have effect by virtue of section 7A or 7B,
its effect is not reproduced in an enactment to which section 2(1) applies, or
Protocol 1 to the EEA agreement (which contains horizontal adaptations that apply in relation to EU instruments referred to in the Annexes to that agreement), as it has effect in EU law immediately before IP completion day and so far as—
it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and
it neither has effect nor is to have effect by virtue of section 7A or 7B.
For the purposes of this Act, any direct EU legislation is operative immediately before IP completion day if—
in the case of anything which comes into force at a particular time and is stated to apply from a later time, it is in force and applies immediately before IP completion day,
in the case of a decision which specifies to whom it is addressed, it has been notified to that person before IP completion day, and
in any other case, it is in force immediately before IP completion day.
This section— but paragraph (a) does not affect the use of the other language versions of that legislation for the purposes of interpreting it.
brings into domestic law any direct EU legislation only in the form of the English language version of that legislation, and
does not apply to any such legislation for which there is no such version,
This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) and section 5A (savings and incorporation: supplementary).
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Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before exit day— continue on and after exit day to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).
are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, and
are enforced, allowed and followed accordingly,
Subsection (1) does not apply to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they—
form part of domestic law by virtue of section 3, or
arise under an EU directive (including as applied by the EEA agreement) and are not of a kind recognised by the European Court or any court or tribunal in the United Kingdom in a case decided before exit day (whether or not as an essential part of the decision in the case).
This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation).
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The principle of the supremacy of EU law is not part of domestic law. This applies after the end of 2023, in relation to any enactment or rule of law (whenever passed or made).
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Any provision of assimilated direct legislation—
must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and
is subject to all domestic enactments, so far as it is incompatible with them.
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Subsection (A2) is subject to—
sections 183A and 186 of the Data Protection Act 2018 (protection of prohibitions, restrictions and data subject’s rights) (and see also section 183B(3) of that Act);
regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023.
The Charter of Fundamental Rights is not part of domestic law on or after IP completion day.
No general principle of EU law is part of domestic law after the end of 2023.
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Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.
Subsections (A1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).
In this section “domestic enactment” means an enactment other than one consisting of assimilated direct legislation.
The fact that anything which continues to be, or forms part of, domestic law on or after IP completion day by virtue of section 2 or 3 has an effect immediately before IP completion day which is time-limited by reference to the implementation period does not prevent it from having an indefinite effect on and after IP completion day by virtue of section 2 or 3.
A court or tribunal—
is not bound by any principles laid down, or any decisions made, on or after IP completion day by the European Court, and
cannot refer any matter to the European Court on or after IP completion day.
Subject to this and subsections (3) to (6), a court or tribunal may have regard to anything done on or after IP completion day by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal.
Any question as to the validity, meaning or effect of any assimilated law is to be decided, so far as that law is unmodified on or after IP completion day and so far as they are relevant to it—
in accordance with any assimilated case law ..., and
having regard (among other things) to the limits, immediately before IP completion day, of EU competences.
But—
the Supreme Court is not bound by any assimilated EU case law,
the High Court of Justiciary is not bound by any assimilated EU case law when—
sitting as a court of appeal otherwise than in relation to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) or a devolution issue (within the meaning given by paragraph 1 of Schedule 6 to the Scotland Act 1998), or
sitting on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995,
a relevant court or relevant tribunal is not bound by any assimilated EU case law so far as is provided for by regulations under subsection (5A), and
no court or tribunal is bound by any assimilated domestic case law that it would not otherwise be bound by.
In deciding whether to depart from any assimilated EU case law by virtue of subsection (4)(a) or (b), the Supreme Court or the High Court of Justiciary must apply the same test as it would apply in deciding whether to depart from its own case law.
A Minister of the Crown may by regulations provide for—
a court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section,
the extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law,
the test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, or
considerations which are to be relevant to—
the Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), or
a relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.
Subsection (3) does not prevent the validity, meaning or effect of any assimilated law which has been modified on or after IP completion day from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications.
Regulations under subsection (5A) may (among other things) provide for—
the High Court of Justiciary to be a relevant court when sitting otherwise than as mentioned in subsection (4)(b)(i) and (ii),
the extent to which, or circumstances in which, a relevant court or relevant tribunal not being bound by retained EU case law includes (or does not include) that court or tribunal not being bound by retained domestic case law which relates to retained EU case law,
other matters arising in relation to retained domestic case law which relates to retained EU case law (including by making provision of a kind which could be made in relation to retained EU case law), or
the test mentioned in paragraph (c) of subsection (5A) or the considerations mentioned in paragraph (d) of that subsection to be determined (whether with or without the consent of a Minister of the Crown) by a person mentioned in subsection (5C)(a) to (e) or by more than one of those persons acting jointly.
In this Act—
“subordinate legislation” means— and (except in section 7 or Schedule 2 or where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after IP completion day under any assimilated direct legislation;
a Measure or Act of the National Assembly for Wales, or
“ratified”, in relation to the withdrawal agreement, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act);
No provision may be made by the Scottish Ministers acting alone in regulations under this Part so far as the provision— No provision may be made by the Welsh Ministers acting alone in regulations under this Part so far as the provision— No provision may be made by a Northern Ireland department acting alone in regulations under this Part so far as the provision— No provision may be made by a devolved authority acting alone in regulations under this Part so far as, when made, the provision is inconsistent with any modification (whether or not in force) which— For the purposes of sub-paragraphs (1)(b), (2)(b) and (3)(b), sections 30A and 57(4) to (15) of the Scotland Act 1998, sections 80(8) to (8L) and 109A of the Government of Wales Act 2006 and sections 6A and 24(3) to (15) of the Northern Ireland Act 1998, and any regulations made under them and any related provision, are to be assumed to be wholly in force so far as that is not otherwise the case. References in this paragraph to section 80(8) of the Government of Wales Act 2006 are to be read as references to the new section 80(8) of that Act provided for by paragraph 2 of Schedule 3 to this Act.
No regulations may be made under this Part by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown. No regulations may be made under this Part by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown. No regulations may be made under this Part by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown. Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—
omit subsection (1)(b) (no power for the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law), and
after subsection (2) insert—
The Scotland Act 1998 is amended as follows.
The fact that anything continues to be, or forms part of, domestic law by virtue of any provision of sections 2 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. Accordingly, any retained EU 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. The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with— which is additional to that made by any provision of sections 2 to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case. The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which— 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 retained EU law for particular purposes or all purposes.
The modifications made by Part 1 of Schedule 8 and paragraphs 18 to 22 and 31 to 35 of that Schedule do not prevent or otherwise limit the making of different provision, in particular cases or descriptions of case, in regulations under section 23(1) or in any other regulations under this Act.
In section 30 of the Small Business, Enterprise and Employment Act 2015 (meaning of “provision for review”), in subsection (3)—
omit “EU obligation or any other”, and
omit “Member States or”.
In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.
In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—
omit “or the European Parliamentary Elections Act 2002”, and
omit “, European Parliamentary elections”.
Section 12A (power of the Secretary of State to make provision about elections) is amended as follows. In subsection (2)— In subsection (3), omit paragraph (b) and the “and” before it. In subsection (5)(a)—
In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
Omit section 34 (ECJ references).
Section 36 (stages of Bills) is amended as follows. In subsection (4), omit paragraph (b) but not the “or” at the end of it. In subsection (5)(a), omit “, (b)”.
Section 57 (EU law and Convention rights) is amended as follows. In the heading— Omit subsection (1).
Section 80D (Scottish taxpayers) is amended as follows. In subsection (4)— In subsection (4B), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.
In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.
Section 82 (limits on salaries of members of the Parliament) is amended as follows. In subsection (1)— In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “(1)(za) or (a)”.
Section 106 (power to adapt functions) is amended as follows. In subsection (5), for “an obligation under EU law” substitute “a retained EU obligation”. Omit subsection (7).
In section 119 (Consolidated Fund etc.), omit subsection (4).
Section 126 (interpretation) is amended as follows. Omit subsection (9). In subsection (10), omit “EU law or”.
In section 127 (index of defined expressions), omit the entry for EU law.
Schedule 4 (enactments etc. protected from modification) is amended as follows. In paragraph 1(2)— Omit paragraph 13(1)(a).
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.
Paragraph 1 of Schedule 6 (devolution issues) is amended as follows. In the first paragraph (d) for “with EU law” substitute “in breach of the restriction in section 57(4)”. In paragraph (e), omit “or with EU law”. In the second sentence for the words from “the compatibility” to the end substitute “a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995)”.
The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows. Section 30A Type C Section 57(4) Type C
After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—
In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.
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In this Part—
An EU regulation is “an exempt EU instrument” so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day.
Any reference which, immediately before exit day— is to be read, on or after exit day, as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 and, unless the contrary intention appears, as modified by domestic law from time to time. Sub-paragraph (1) does not apply to any reference which forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation— Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.
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Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 1(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament. The Minister may not make the instrument so that it is subject to that procedure unless— Condition 1 is that a Minister of the Crown— Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument. Condition 3 is that the relevant period has ended without condition 2 being met. Sub-paragraph (7) applies if— Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee. If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so. A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate. In this paragraph “the relevant period” means the period— For the purposes of sub-paragraph (10)— and, for the purposes of sub-paragraph (10) and this sub-paragraph, a day is only a day on which the House of Commons or the House of Lords is sitting if the House concerned begins to sit on that day. Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 1(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 1(3) or 5). Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
This paragraph applies to— The regulations may be made without being subject to the affirmative procedure if the regulations contain a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to that procedure. After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament. Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament. In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is— If regulations cease to have effect as a result of sub-paragraph (4), that does not— The references in this paragraph to paragraph 1(6) or (7) do not include references to paragraph 1(6) or (7) as applied by paragraph 10(5) (for which see paragraph 19(7)).
Section 5(6)
There is no right in domestic law on or after IP completion day to challenge any assimilated law on the basis that, immediately before IP completion day, an EU instrument was invalid. Sub-paragraph (1) does not apply so far as— Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.
References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after IP completion day by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An appropriate authority may by regulations make provision for, or in connection with, the charging of fees or other charges in connection with the exercise of a function (“the relevant function”) which a public authority has by virtue of provision made under— Where there is more than one appropriate authority in relation to the relevant function, two or more of the appropriate authorities may make regulations under this paragraph jointly. Regulations under this paragraph may (among other things)—
This Part does not affect the powers under section 8 or 9 or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.
A Minister of the Crown may by regulations—
prescribe circumstances in which, or functions in relation to which, a devolved authority is to be regarded as being an appropriate authority for the purposes of paragraph 1;
provide that a devolved authority that is regarded as being an appropriate authority under regulations made under paragraph (a) may only make regulations under paragraph 1, by virtue of being so regarded, with the consent of a Minister of the Crown;
prescribe circumstances in which, or functions in relation to which, a devolved authority may, despite paragraph 3(2), make regulations under paragraph 1 without the consent of a Minister of the Crown.
Where it is necessary, for the purpose of interpreting retained EU law in legal proceedings, to decide a question as to— the question is to be treated for that purpose as a question of law. In this paragraph—
Section 11
No provision may be made by the Scottish Ministers acting alone in regulations under this Part so far as the provision— No provision may be made by the Welsh Ministers acting alone in regulations under this Part so far as the provision— No provision may be made by a Northern Ireland department acting alone in regulations under this Part so far as the provision— No provision may be made by a devolved authority acting alone in regulations under this Part so far as, when made, the provision is inconsistent with any modification (whether or not in force) which— For the purposes of sub-paragraphs (1)(b), (2)(b) and (3)(b), sections 30A and 57(4) to (15) of the Scotland Act 1998, sections 80(8) to (8L) and 109A of the Government of Wales Act 2006 and sections 6A and 24(3) to (15) of the Northern Ireland Act 1998, and any regulations made under them and any related provision, are to be assumed to be wholly in force so far as that is not otherwise the case. References in this paragraph to section 80(8) of the Government of Wales Act 2006 are to be read as references to the new section 80(8) of that Act provided for by paragraph 2 of Schedule 3 to this Act.
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law), or
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law and section 57(4) of that Act).
A Minister of the Crown may only make regulations under paragraph 1 with the consent of the Treasury. A devolved authority may only make regulations under paragraph 1 with the consent of a Minister of the Crown if— In sub-paragraph (2)(b)(iii) “implementation body” has the same meaning as in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).
This Part does not affect the powers under section 8 or 9 or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.
EU tertiary legislation is “an exempt EU instrument” so far as it is made under—
an EU decision or EU regulation which is an exempt EU instrument, or
an EU directive so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day.
A statutory instrument containing regulations of a Minister of the Crown under Schedule 4 which contain provision which does not relate to altering the amount of a fee or charge to reflect changes in the value of money may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations under Schedule 4 of a Minister of the Crown is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. Paragraphs 1(6) to (13)(a) and 2 apply to regulations under Schedule 4 as they apply to regulations under Part 1 of Schedule 2 except that any reference to provision falling within paragraph 1(2) is to be read as a reference to any provision made under Schedule 4 which does not relate to altering the amount of a fee or charge to reflect changes in the value of money. This paragraph is subject to paragraph 19.
A statutory instrument containing regulations under section 23(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. See paragraph 17 for restrictions on the choice of procedure under sub-paragraph (1).
Paragraph 4 applies to regulations under Part 2 of Schedule 2 as it applies to regulations under Part 1 of that Schedule but as if—
the references to paragraph 1(9) were references to paragraph 1(9) as applied by paragraph 10(5),
the reference to paragraph 7 were a reference to that paragraph as applied by paragraph 19(7), and
paragraph 4(9) were omitted.
A statutory instrument containing regulations under paragraph 1(2)(b) of Schedule 1 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. This paragraph is subject to paragraph 19.
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but including any provision that could be made only with the consent of a Minister of the Crown), or
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring section 80(8) of the Government of Wales Act 2006).
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
the provision, if it were contained in an Act of the Northern Ireland Assembly—
would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and
would not require the consent of the Secretary of State,
the provision—
amends or repeals Northern Ireland legislation, and
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998) and require the consent of the Secretary of State, or
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) and (3) of the Northern Ireland Act 1998).
Section 12(7), (8) and (12)
any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or
In section 80 of the Government of Wales Act 2006 (EU law) for subsection (8) (no power for the First Minister, the Counsel General or the Welsh Ministers to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law etc.) substitute—
A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on exit day) retained direct EU legislation. An exception is created by giving a direction to the Queen’s Printer specifying the instrument or category of instruments that are excepted. A Minister of the Crown must publish any direction under this paragraph. In this paragraph—
In section 56 of the Finance Act 1973 (charges for services etc. by Government departments), in subsection (1), omit “any EU obligation or”.
The prohibition on making regulations under section 8, 9 or 23(1) or Schedule 2 after a particular time does not affect the continuation in force of regulations made at or before that time (including the exercise after that time of any power conferred by regulations made at or before that time).
Section 14(1)
If a Minister of the Crown— the Minister may only make that modification under this Part with the consent of the Treasury.
is an appropriate authority, and
immediately before the amendment of section 56 of the Finance Act 1973 by paragraph 17 of Schedule 8 could only have made the proposed modification under that section,
Sub-paragraph (2) applies where any subordinate legislation contains provision (“the charging provision”) for, or in connection with, the charging of fees or other charges that— Any appropriate authority may by regulations make provision (“the proposed modification”) modifying the subordinate legislation for the purposes of—
If an instrument, or a draft of an instrument, containing regulations under this Act would, apart from this paragraph, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
Section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings) is amended as follows. In subsection (2)— In subsection (3), omit paragraph (c).
Any power to make, confirm or approve subordinate legislation which— 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. But sub-paragraph (1) does not apply if the power to make, confirm or approve subordinate legislation is only capable of being exercised to amend or repeal (or, as the case may be, result in the amendment or repeal of) an enactment contained in Northern Ireland legislation which is an Order in Council.
Any subordinate legislation which— is to be subject to the same procedure (if any) before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as would apply to that legislation if it were amending or repealing an enactment contained in primary legislation. Any subordinate legislation which— is to be subject to the same procedure (if any) before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as would apply to that legislation if it were amending or repealing an enactment contained in primary legislation. Any subordinate legislation which— is to be subject to the same procedure (if any) before Parliament, the Scottish Parliament, the National Assembly for Wales 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. Any subordinate legislation which— is to be subject to the same procedure (if any) before Parliament, the Scottish Parliament, the National Assembly for Wales 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. Any subordinate legislation which— is to be subject to the same procedure (if any) before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as would apply to the modification to which it is connected. 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. 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. The order of procedures is as follows (the highest first)— The references in this paragraph to amending or repealing an enactment contained in primary legislation or amending or revoking an enactment contained in subordinate legislation do not include references to amending or repealing or (as the case may be) amending or revoking an enactment contained in any Northern Ireland legislation which is an Order in Council. In this paragraph “connected modification” means a modification which is supplementary, incidental, consequential, transitional or transitory, or a saving, in connection with—
This paragraph applies to any power to make, confirm or approve subordinate legislation— Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) is to be read— as being capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct minor EU legislation. Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) 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)— 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). Any power to which this paragraph applies so far as it is a power to make, confirm or approve transitional, transitory or saving provision 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 subordinate legislation which is, or is to be, made, confirmed or approved by virtue of paragraph 5(2), (3) or (4) is to be subject to the same procedure (if any) before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as would apply to that legislation if it were doing anything else under the power.
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 on or after exit day without that restriction or any corresponding restriction in relation to compatibility with retained EU law.
Paragraphs 3 to 7 and this paragraph— For the purposes of paragraphs 3 and 5— 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 exit day so as to come into force on or after exit day.
“the EU Select Committee of the House of Lords” means the Select Committee of the House of Lords known as the EU Select Committee or any successor of that committee.
Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation. In sub-paragraph (1) “1972 Act provision” means—
This paragraph applies where a statutory instrument containing regulations under this Act is to be made by virtue of paragraph 5(2) or 19(2). The Minister of the Crown who is to make the instrument must make a statement in writing explaining the reasons for the Minister’s opinion that, by reason of urgency, it is necessary to make the regulations without a draft of the instrument containing them being laid before, and approved by a resolution of, each House of Parliament. A statement under sub-paragraph (2) must be published before, or at the same time as, the instrument as made is laid before each House of Parliament. If the Minister— a Minister of the Crown must make a statement explaining the failure. A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Minister making it considers appropriate. For the purposes of this paragraph, where an instrument is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made. The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made. Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2). Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the National Assembly for Wales as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to the National Assembly for Wales. Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly. Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, the National Assembly for Wales or (as the case may be) the Northern Ireland Assembly. This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).
Anything done— if in force or effective immediately before exit day, continues to be in force or effective on and after exit day. Anything done— which, immediately before exit day, is in the process of being done continues to be done on and after exit day. Sub-paragraphs (1) and (2) are subject to— References in this paragraph to anything done include references to anything omitted to be done.
This paragraph applies where regulations are to be made by the Scottish Ministers under this Act by virtue of paragraph 6(2) (whether or not as applied by paragraph 19(7)). The Scottish Ministers must make a statement in writing explaining the reasons for the Scottish Ministers’ opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to the affirmative procedure. A statement under sub-paragraph (2) must be published before, or at the same time as, the regulations as made are laid before the Scottish Parliament. If the Scottish Ministers— they must make a statement explaining the failure. A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
Section 15(1) and (2)
Section 20(1)
Section 22
Section 23(5) and (7)
Section 23(8) Short title Extent of repeal European Parliamentary Elections Act 2002 The whole Act. European Parliament (Representation) Act 2003 The whole Act. European Union (Amendment) Act 2008 The whole Act. European Union Act 2011 The whole Act. European Union (Approval of Treaty Amendment Decision) Act 2012 The whole Act. European Union (Approvals) Act 2013 The whole Act. European Union (Approvals) Act 2014 The whole Act. Serious Crime Act 2015 Section 82. Section 88(5)(c). European Union (Finance) Act 2015 The whole Act. European Union (Approvals) Act 2015 The whole Act.
“the 14 day period” means—
In section 57 of the Scotland Act 1998 (EU law and Convention rights)—
in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with EU law) omit “or with EU law”, and
after subsection (3) insert—
Section 4(2)(b) does not apply in relation to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they are of a kind recognised by a court or tribunal in the United Kingdom in a case decided on or after exit day but begun before exit day (whether or not as an essential part of the decision in the case).
Subject as follows and subject to any provision made by regulations under section 23(6), section 5(4) and paragraphs 1 to 4 of Schedule 1 apply in relation to anything occurring before exit day (as well as anything occurring on or after exit day). Section 5(4) and paragraphs 1 to 4 of Schedule 1 do not affect any decision of a court or tribunal made before exit day. Section 5(4) and paragraphs 3 and 4 of Schedule 1 do not apply in relation to any proceedings begun, but not finally decided, before a court or tribunal in the United Kingdom before exit day. Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct which occurred before exit day which gives rise to any criminal liability. Paragraph 3 of Schedule 1 does not apply in relation to any proceedings begun within the period of three years beginning with exit day so far as— Paragraph 3(2) of Schedule 1 does not apply in relation to any decision of a court or tribunal, or other public authority, on or after exit day which is a necessary consequence of any decision of a court or tribunal made before exit day or made on or after that day by virtue of this paragraph. Paragraph 4 of Schedule 1 does not apply in relation to any proceedings begun within the period of two years beginning with exit day so far as the proceedings relate to anything which occurred before exit day.
Sub-paragraph (2) applies to— The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales if it contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After an instrument is made in accordance with sub-paragraph (2), it must be laid before the National Assembly for Wales. Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales. In calculating the period of 28 days, no account is to be taken of any time during which the National Assembly for Wales is— If regulations cease to have effect as a result of sub-paragraph (4), that does not— Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(9) applies where the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. Paragraph 4 does not apply in relation to the instrument if the instrument contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph. The references in this paragraph to paragraph 1(8) or (9) do not include references to paragraph 1(8) or (9) as applied by paragraph 10(5) (for which see paragraph 19(7)).
This paragraph applies to— The regulations may be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly if they contain a declaration that the Northern Ireland department concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly. Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly. In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is— If regulations cease to have effect as a result of sub-paragraph (4), that does not— The references in this paragraph to paragraph 1(11) or (12) do not include references to paragraph 1(11) or (12) as applied by paragraph 10(5) (for which see paragraph 19(7)).
No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority. See paragraphs 8 to 11 for the meaning of “devolved competence” for the purposes of this Part.
The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under this Part so far as that provision, if contained in an Act of the National Assembly for Wales, would require the consent of a Minister of the Crown. The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under this Part so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State. Sub-paragraph (1) or (2) does not apply if— The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under this Part so far as that provision, if contained in— would require the consent of a Minister of the Crown. Sub-paragraph (4) does not apply if—
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if— The conditions are—
The Queen’s Printer must make arrangements for the publication of— In this paragraph— The Queen’s Printer may make arrangements for the publication of— The Queen’s Printer may make arrangements for the publication of anything which the Queen’s Printer considers may be useful in connection with anything published under this paragraph. This paragraph does not require the publication of—
A Minister of the Crown may by regulations— Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents). Regulations under this paragraph may modify any provision made by or under an enactment. In sub-paragraph (3) “enactment” does not include primary legislation passed or made after the end of the Session in which this Act is passed. For the purposes of this paragraph each of the following is a “relevant matter”—
Any power to make regulations under this Act— For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
Any power of a Minister of the Crown under this Act to appoint a day includes a power to appoint a time on that day if the Minister considers it appropriate to do so.
This paragraph applies where— is to be laid before each House of Parliament. Before the instrument or draft is laid, the relevant Minister must make a statement to the effect that in the Minister’s opinion the instrument or draft does no more than is appropriate. Before the instrument or draft is laid, the relevant Minister must make a statement as to why, in the Minister’s opinion— Before the instrument or draft is laid, the relevant Minister must make a statement— Before the instrument or draft is laid, the relevant Minister must make a statement to the effect that, in relation to the instrument or draft, the Minister has, so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010. Before the instrument or draft is laid, the relevant Minister must make a statement otherwise explaining— Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph (3) must (among other things) include an explanation of why, in the relevant Minister’s opinion, there are good reasons for creating the offence and for the penalty provided in respect of it. If the relevant Minister fails to make a statement required by sub-paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so. A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate. For the purposes of this paragraph, where an instrument or draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses. This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses. In this paragraph—
A statutory instrument which— may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Sub-paragraph (1) has effect instead of any other provision which would otherwise apply in relation to the procedure for such an instrument before each House of Parliament but does not affect any other requirements which apply in relation to making, confirming or approving the instrument. Any provision which— may be included in an instrument to which sub-paragraph (1) applies (and is accordingly subject to the procedure provided for by that sub-paragraph instead of the lower procedure). If a draft of a statutory instrument which— is laid before, and approved by a resolution of, each House of Parliament, then the instrument is not subject to the lower procedure. This paragraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if the references to each House of Parliament were references to the House of Commons only. For the purposes of this paragraph, the order of procedures is as follows (the highest first)— For the purposes of this paragraph a power is conferred whether or not it is in force. References in this paragraph, other than in sub-paragraph (4), to subordinate legislation made under section 2(2) of the European Communities Act 1972— This paragraph is subject to any other provision made by or under this Act or any other enactment.
“domestic enactment” has the same meaning as in section 5 of this Act;
“relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);
The Government of Wales Act 2006 is amended as follows.
A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1. The Scottish Ministers are an “appropriate authority” for the purposes of paragraph 1— The Welsh Ministers are an “appropriate authority” for the purposes of paragraph 1— A Northern Ireland department is an “appropriate authority” for the purposes of paragraph 1—
Subject to sub-paragraph (2), no regulations may be made under paragraph 1 after the end of the period of two years beginning with exit day. After the end of that period, regulations may be made under paragraph 1 for the purposes of— This paragraph does not affect the continuation in force of any regulations made at or before the end of the period mentioned in sub-paragraph (1) (including the exercise after the end of that period of any power conferred by regulations made under that paragraph at or before the end of that period).
A statutory instrument containing regulations under section 12(9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations under section 20(4) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 10(3) or 15 applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament. The Minister may not make the instrument so that it is subject to that procedure unless— Condition 1 is that a Minister of the Crown— Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument. Condition 3 is that the relevant period has ended without condition 2 being met. Sub-paragraph (7) applies if— Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee. If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so. A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate. In this paragraph “the relevant period” means the period— For the purposes of sub-paragraph (10)— and, for the purposes of sub-paragraph (10) and this sub-paragraph, a day is only a day on which the House of Commons or the House of Lords is sitting if the House concerned begins to sit on that day. Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 10(3) or 15 applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph 19). Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
Any power to make regulations under this Act which modify retained direct EU legislation, anything which is retained EU law by virtue of section 4 or any other retained EU law is capable of being exercised before exit day so that the regulations come into force on or after exit day.
Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations conferred by this Act.
The European Economic Area Act 1993 is amended as follows.
The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.
The amendments made by section 12 and Part 1 of Schedule 3 do not affect the validity of— Accordingly and subject to sub-paragraphs (3) to (10), the validity of anything falling within sub-paragraph (1)(a), (b) or (c) is to be decided by reference to the law before exit day. Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Scottish Parliament made before exit day if the provision— Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to any provision of an Act of the National Assembly for Wales made before exit day if the provision— Section 6(2)(d) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Northern Ireland Assembly made before exit day if the provision— Section 57(2) of the Scotland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation— Section 80(8) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation— Section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation— For the purposes of sub-paragraphs (3) to (8) assume that the restrictions relating to retained EU law in— come into force on exit day. Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, do not apply to the making of regulations under Schedule 2 or 4.
In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.
Omit section 1 (EEA agreement to be an EU Treaty).
Section 1 (application of Part 1 of the Act) is amended as follows. In subsection (1)— In subsection (4)— After subsection (9) insert—
The amendments made by Part 1 of Schedule 3 do not affect the validity of any act (other than the making, confirming or approving of subordinate legislation) done before exit day by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department.
In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—
omit paragraph (c) but not the “and” at the end of it, and
in paragraph (d) omit “, European Parliamentary elections”.
Section 2 (consistent application of law to the whole of the EEA) is amended as follows. In subsection (3)— After that subsection insert— Omit subsections (4) to (6).
In section 30 (other instruments laid before the Scottish Parliament), after subsection (6), insert—
A consent decision of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly made before the day on which this Act is passed, or the commencement of the 40-day period before the day on which this Act is passed, is as effective for the purposes of— as a consent decision made, or (as the case may be) the commencement of that period, on or after that day.
section 30A(3) or 57(6) of the Scotland Act 1998,
section 80(8C) or 109A(4) of the Government of Wales Act 2006, or
section 6A(3) or 24(5) of the Northern Ireland Act 1998,
Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows. In subsection (2)— In subsection (3), omit paragraph (b) and the “and” before it.
Section 3 (general implementation of the EEA agreement) is amended as follows. In subsection (3)— After subsection (4) insert—
In section 37 (interpretation of Part 2 of the Act)—
in the definition of “enactment”, at the end insert “and any retained direct EU legislation”,
after that definition insert—, and
at the end insert—
In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.
Omit section 4 (modification of section 3 of the European Communities Act 1972).
In Schedule 1 (definitions of words and expressions)—
omit from “the EU” to “meanings given by that Act”, and
at the end insert—
Section 21 (limit on salaries of Assembly members) is amended as follows. In subsection (1)— In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “(1)(za) or (a)”.
In section 6 (interpretation), in subsection (1), in the definition of “the 1972 Act”, after “1972” insert (before its repeal by section 1 of the European Union (Withdrawal) Act 2018)”.
In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “retained EU obligations”.
Omit section 58B (implementation of EU law: general).
Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows. For the heading substitute “Fees and charges in relation to international law”. Omit subsections (1) to (4). In subsection (5), for “in pursuance of an EU obligation etc” substitute “in pursuance of an international obligation”.
In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “Retained”.
Section 80 (EU law) is amended as follows. In the heading, before “EU” insert “Retained”. In subsection (1), for “An EU obligation” substitute “A retained EU obligation”. In subsection (2), for “an EU obligation” substitute “a retained EU obligation”. In subsection (3)— In subsection (7)— In subsection (9), leave out “and (8)” and insert “, (8) and (8L)”.
In section 111 (proceedings on Bills)—
in subsection (6), omit paragraph (b) but not the “or” at the end of it, and
in subsection (7)(a), omit “, (b)”.
Omit section 113 (ECJ references).
In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
Section 116E (Welsh taxpayers) is amended as follows. In subsection (4)— In subsection (6), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.
In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.
After section 157 (orders, regulations and directions) insert—
In section 158(1) (interpretation)—
omit the definition of “EU law”, and
in the definition of “international obligations” omit “EU law or”.
In section 159 (index of defined expressions), omit the entry for EU law.
In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).
In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—
In paragraph 5(1) of Schedule 7B (protected enactments), in the table—
omit the entry for the European Communities Act 1972, and
The European Union (Withdrawal) Act 2018 The whole Act.
In Schedule 11 (transitional provisions), omit paragraph 35A and the heading before it (instrument containing provisions under transferred power and provision under power in section 2(2) of the European Communities Act 1972: Assembly procedure).
This paragraph applies where— is to be laid before each House of Parliament. Before the instrument or draft is laid, the relevant Minister must make a statement explaining why it is appropriate to create a relevant sub-delegated power. If the relevant Minister fails to make a statement required by sub-paragraph (2) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so. A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Minister making it considers appropriate. Sub-paragraphs (10) and (11) of paragraph 28 apply for the purposes of this paragraph as they apply for the purposes of that paragraph. For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to— In this paragraph—
This paragraph applies where, on or after exit day— is to be laid before each House of Parliament and subject to no procedure before any other legislature. The relevant authority must publish, in such manner as the relevant authority considers appropriate, a draft of the instrument at least 28 days before the instrument or draft is laid. The relevant authority must make a scrutiny statement before the instrument or draft is laid. A scrutiny statement is a statement— A scrutiny statement must be in writing and must be published in such manner as the relevant authority considers appropriate. Sub-paragraphs (2) to (5) do not apply if the relevant authority— This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses. This paragraph applies to an instrument which is subject to a procedure before the House of Commons only as it applies to an instrument which is subject to a procedure before each House of Parliament but as if references to each or either House of Parliament, or both Houses, were references to the House of Commons only. For the purposes of this paragraph— Sub-paragraph (8) of paragraph 13 applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph. In this paragraph “the relevant authority” means— This paragraph is subject to any other provision made by or under this Act or any other enactment.
The Interpretation Act 1978 is amended as follows.
This paragraph has effect for the purposes of the Human Rights Act 1998. Any retained direct principal EU legislation is to be treated as primary legislation. Any retained direct minor EU legislation is to be treated as primary legislation so far as it amends any primary legislation but otherwise is to be treated as subordinate legislation. In this paragraph “amend”, “primary legislation” and “subordinate legislation” have the same meaning as in the Human Rights Act 1998.
The definition of “relevant criminal offence” in section 20(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “the age of 21”. In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.
In carrying out a review of a provision of subordinate legislation on or after exit day (whether under provision made in accordance with section 28 of the Small Business, Enterprise and Employment Act 2015 or otherwise), a person is not required, by any pre-exit enactment, to have regard to how any former EU obligation is implemented elsewhere than in the United Kingdom. In this paragraph—
“retained EU law restriction” means any restriction which arises by virtue of relevant regulations.
This paragraph applies where— is to be laid before the Scottish Parliament. Before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why it is appropriate to create a relevant sub-delegated power. If the Scottish Ministers fail to make a statement required by sub-paragraph (2) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so. A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate. For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to— In this paragraph “relevant sub-delegated power” means a power to legislate which—
In section 21(1) (meaning of “subordinate legislation”) after “any Act” insert “or made or to be made on or after exit day under any retained direct EU legislation”.
The amendment made by paragraph 17 does not affect whether the payment of any fees or other charges may be required under section 56 of the Finance Act 1973 in connection with a service or facilities provided, or an authorisation, certificate or other document issued, before that amendment comes into force. Sub-paragraph (3) applies where— Despite the amendment made by paragraph 17, the payment of fees or other charges may be required, under that section and in accordance with the regulations, in connection with the provision of the service or facilities, or the issuing of the authorisation, certificate or other document.
any EU regulation so far as it— forms part of domestic law on and after IP completion day by virtue of section 3, and was not EU tertiary legislation immediately before IP completion day, or
After section 23 (application to other instruments) insert—
In section 24 (application to Northern Ireland), in subsection (4)—
omit “and related expressions”,
E.C.S.C. Treaty; E.E.C. Treaty;
Entry date; The EU or the European Union; EU institution; EU instrument; Euratom, Economic Community and Coal and Steel Community; Euratom Treaty; European Court;
Member (in the expression “member State”);
after “The Tax Acts” insert ;.
In Schedule 1 (words and expressions defined)—
omit ““The EU” or “the EU Treaties” and other expressions defined by section 1 of and Schedule 1 to the European Communities Act 1972 have the meanings prescribed by that Act.”,
omit the definition of “EEA agreement”,
omit the definition of “EEA state”,
in the definition of “enactment”, before “does” insert “includes any retained direct EU legislation but”, and
at the end insert—
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if— The conditions are—
Any power to make regulations under this Act—
may be exercised so as to—
modify retained EU law, or
make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision (including provision re-stating any retained EU law in a clearer or more accessible way).
This paragraph applies where— is to be laid before the Scottish Parliament. Before the instrument or draft is laid, the Scottish Ministers must make a statement to the effect that in the Scottish Ministers’ opinion the instrument or draft does no more than is appropriate. Before the instrument or draft is laid, the Scottish Ministers must make a statement as to why, in the Scottish Ministers’ opinion— Before the instrument or draft is laid, the Scottish Ministers must make a statement— Before the instrument or draft is laid, the Scottish Ministers must make a statement to the effect that, in relation to the instrument or draft, the Scottish Ministers have, so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010. Before the instrument or draft is laid, the Scottish Ministers must make a statement otherwise explaining— Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph (3) must (among other things) include an explanation of why, in the Scottish Ministers’ opinion, there are good reasons for creating the offence and for the penalty provided in respect of it. If the Scottish Ministers fail to make a statement required by sub-paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so. A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate. In this paragraph “equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts.
“Wales” and “Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158 of that Act);
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if— The conditions are—
The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make regulations under this Act.
References in paragraphs 8 to 10, in connection with the making of regulations under this Part, to the subject-matter of any provision or subordinate legislation are to be read as references to the subject-matter of the provision or subordinate legislation when the regulations concerned are made.
Before making regulations under subsection (5A), a Minister of the Crown must consult—
the President of the Supreme Court,
the Lord Chief Justice of England and Wales,
the Lord President of the Court of Session,
the Lord Chief Justice of Northern Ireland,
the Senior President of Tribunals, and
such other persons as the Minister of the Crown considers appropriate.
No regulations may be made under subsection (5A) after IP completion day.
Subsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).
Anything which— continues to be domestic law as an enactment of the same kind.
was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and
continues to be domestic law on and after exit day by virtue of section 1A(2) or 1B(2),
Anything which— continues to be domestic law as an enactment of the same kind.
was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and
continues to be domestic law on and after IP completion day by virtue of section 2,
Assimilated direct legislation ... may only be modified by—
an Act of Parliament,
primary legislation, or
any other primary legislation (so far as it has the power to make such a modification), or
subordinate legislation so far as it is made under a power which permits such a modification by virtue of—
paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,
any other provision made by or under this Act,
any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or
any provision made on or after the passing of this Act by or under primary legislation.
any subordinate legislation so far as it is made under a power which permits such a modification by virtue of—
paragraph 3, 5(3)(a) or (4)(a), 8(3), 10(3)(a) or (4)(a), 11(2)(a) or 12(3) of Schedule 8,
any other provision made by or under this Act,
any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or
any provision made on or after the passing of this Act by or under primary legislation.
Retained direct minor EU legislation cannot be modified by any primary or subordinate legislation other than—
an Act of Parliament,
any other primary legislation (so far as it has the power to make such a modification), or
any subordinate legislation so far as it is made under a power which permits such a modification by virtue of—
paragraph 3, 5(2) or (4)(a), 8(3), 10(2) or (4)(a) or 12(3) of Schedule 8,
any other provision made by or under this Act,
any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or
any provision made on or after the passing of this Act by or under primary legislation.
Anything which is retained EU law by virtue of section 4 cannot be modified by any primary or subordinate legislation other than—
an Act of Parliament,
any other primary legislation (so far as it has the power to make such a modification), or
any subordinate legislation so far as it is made under a power which permits such a modification by virtue of—
paragraph 3, 5(3)(b) or (4)(b), 8(3), 10(3)(b) or (4)(b), 11(2)(b) or 12(3) of Schedule 8,
any other provision made by or under this Act,
any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or
any provision made on or after the passing of this Act by or under primary legislation.
For other provisions about the status of assimilated law, see—
section 5 (A1) to (A3) and (7) (status of assimilated law in relation to other enactments or rules of law),
section 6 (status of assimilated case law ...),
section 7C (status of case law of European Court etc. in relation to assimilated law which is relevant separation agreement law),
section 15(2) and Part 2 of Schedule 5 (status of assimilated law for the purposes of the rules of evidence),
paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),
paragraphs 19 and 20 of that Schedule (status of certain assimilated direct legislation for the purposes of the Interpretation Act 1978), and
paragraph 30 of that Schedule (status of assimilated direct legislation for the purposes of the Human Rights Act 1998).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any amendment to the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty or the EEA agreement,
“implementation body” has the meaning given by section 55(3) of that Act.
section 30A or 57(4) of the Scotland Act 1998,
No regulations may be made under this Part by a devolved authority acting alone, so far as the regulations make provision about any quota arrangements or are incompatible with any such arrangements, unless the regulations are, to that extent, made after consulting with the Secretary of State. In sub-paragraph (1) “quota arrangements” means any arrangements for, or in connection with, the division of responsibility within the United Kingdom or an area including the United Kingdom for— where the obligation is to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise) or (as the case may be) the benefit is so defined.
Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by a Minister of the Crown under section 8(1) or 9 or paragraph 1 of Schedule 4 must— prepare a report on how the power has been exercised during the year. The person must— In this paragraph—
A power to make regulations which, under this Schedule, is capable of being exercised subject to different procedures may (in spite of section 14 of the Interpretation Act 1978) be exercised, when revoking, amending or re-enacting an instrument made under the power, subject to a different procedure from the procedure to which the instrument was subject. For the purposes of sub-paragraph (1) in its application to regulations under section 23(6) no procedure is also a procedure.
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. Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may— be exercised to modify (or, as the case may be, result in the modification of) any retained direct minor EU legislation. 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)— 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). 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)—
This paragraph applies where, on or after exit day— is to be laid before each House of Parliament or before the House of Commons only. Before the instrument or draft is laid, the relevant authority must make a statement as to why, in the opinion of the relevant authority, there are good reasons for the amendment or revocation. Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining— If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid— must make a statement explaining why the relevant authority has failed to make the statement as so required. A statement under sub-paragraph (2), (3) or (4) must be made in writing and be published in such manner as the person making it considers appropriate. For the purposes of this paragraph, where an instrument or draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses. This paragraph applies in relation to instruments whether the power to make them is conferred before, on or after exit day including where the power is conferred by regulations under this Act (but not where it is conferred by this Act). This paragraph does not apply in relation to any laying before each House of Parliament, or before the House of Commons only, of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses or before the House of Commons only. Sub-paragraph (8) of paragraph 13 applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph. In this paragraph “the relevant authority” means—
Any reference which— is to be read, on or after exit day, as a reference to the EU Treaty, instrument or document as it has effect immediately before exit day. Sub-paragraph (1) does not apply to any reference which forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation— Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.
Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by the Scottish Ministers by Scottish statutory instrument under Part 1 or 2 of Schedule 2 or paragraph 1 of Schedule 4 must— prepare a report on how the power has been exercised during the year. The person must— In this paragraph—
Sub-paragraph (2) applies to any power to make, confirm or approve subordinate legislation which— The power may, so far as applicable and unless the contrary intention appears, be exercised—
This paragraph applies where, on or after exit day— is to be laid before the Scottish Parliament. Before the instrument or draft is laid, the relevant authority must make a statement as to why, in the opinion of the relevant authority, there are good reasons for the amendment or revocation. Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining— If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid, the relevant authority must make a statement explaining why the relevant authority has failed to make the statement as so required. A statement under sub-paragraph (2), (3) or (4) must be made in writing and be published in such manner as the relevant authority considers appropriate. This paragraph applies in relation to instruments whether the power to make them is conferred before, on or after exit day including where the power is conferred by regulations under this Act (but not where it is conferred by this Act). Sub-paragraph (8) of paragraph 13 applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph. In this paragraph “the relevant authority” means—
...
The Northern Ireland Act 1998 is amended as follows.
A statutory instrument containing regulations under section 9 which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Provision falls within this sub-paragraph if it— Any other statutory instrument containing regulations under section 9 is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. See paragraph 17 for restrictions on the choice of procedure under sub-paragraph (3). Paragraphs 1(6) to (13)(a) and 2 apply to regulations under Part 2 of Schedule 2 as they apply to regulations under Part 1 of that Schedule except that any reference to provision falling within paragraph 1(2) is to be read as a reference to any provision falling within sub-paragraph (2) above. This paragraph is subject to paragraph 19.
A statutory instrument containing regulations under paragraph 4 of Schedule 5 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Sub-paragraph (2) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that— The statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Sub-paragraph (4) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that— The statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Sub-paragraph (2) applies to— The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament. Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. In calculating the period of 28 days, no account is to be taken of any time during which— If regulations cease to have effect as a result of sub-paragraph (4), that does not— Paragraphs 6 to 8 apply to regulations under Part 2 of Schedule 2 as they apply to regulations under Part 1 of that Schedule but as if— Sub-paragraph (9) applies to a statutory instrument to which paragraph 10(3) or 15 applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament. Paragraph 17 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
This paragraph applies to regulations under Part 1 of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority. The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned. A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Any other statutory instrument containing regulations to which this paragraph applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 1(2) are subject to the affirmative procedure. Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure. Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) or (6) applies and which are subject to the affirmative procedure as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument). Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act). A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly. Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 1(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. If in accordance with sub-paragraph (4), (6), (11) or (13)— nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument. In sub-paragraph (14) “relevant devolved legislature” means— Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument. Sub-paragraphs (14) and (15) apply in place of provision made by any other enactment about the effect of such a resolution.
Sub-paragraph (2) applies to— The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved. After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament. Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament. In calculating the period of 28 days, no account is to be taken of any time during which— If regulations cease to have effect as a result of sub-paragraph (4), that does not— Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament. Paragraph 3 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
Section 7 (entrenched enactments) is amended as follows. In subsection (1)— Omit subsection (2). Before subsection (3) insert—
Omit section 12 (reconsideration where reference made to ECJ).
In section 13 (stages of Bills), omit subsection (5)(b).
In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
In the heading of section 24 (EU law, Convention rights etc.)—
omit “EU law,”, and
after “rights” insert “, retained EU law”.
Section 27 (quotas for purposes of international etc. obligations) is amended as follows. In subsection (1)(a), for “an obligation under EU law” substitute “a retained EU obligation”. In subsection (2), for “obligation under EU law” substitute “retained EU obligation”. In subsection (4), omit “or an obligation under EU law”. After that subsection insert—
After section 96(4) (orders and regulations) insert—
After section 96 (orders and regulations) insert—
In section 98(1) (interpretation)—
omit the definition of “EU law”, and
in the definition of “international obligations” omit “EU law or”.
Schedule 2 (excepted matters) is amended as follows. In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “and obligations under the Human Rights Convention”. In paragraph 12(1), omit “, the European Parliament”.
In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law, other than”.
In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.
Paragraphs 10 and 11 and this paragraph— For the purposes of paragraphs 10 and 11— A power which, by virtue of paragraph 10 or 11 or any Act of Parliament passed after, 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 exit day so as to come into force on or after exit day.
“unaccompanied child” means a person under the age of 18 (“the child”) who is not in the care of a person who—
“tribunal” means any tribunal in which legal proceedings may be brought;
any instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales,
An EU decision is “an exempt EU instrument” so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day. If any decision under Title V or former Title V of the Treaty on European Union is a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union (and accordingly falls within the definition of “EU decision” in section 20(1)), it is “an exempt EU instrument”. In sub-paragraph (2), the reference to former Title V of the Treaty on European Union is a reference to that Title as it had effect at any time before the coming into force of the Treaty of Lisbon.
The following are “relevant Protocols” for the purposes of this Schedule—
Protocol 15 to the Treaty on European Union and the Treaty on the Functioning of the European Union (protocol on certain provisions relating to the United Kingdom);
Protocol 19 to the Treaty on European Union and the Treaty on the Functioning of the European Union (protocol on the Schengen acquis integrated into the framework of the European Union);
the former Protocol integrating the Schengen acquis into the framework of the European Union annexed, in accordance with the Treaty of Amsterdam, to the Treaty on European Union and the Treaty establishing the European Community;
Protocol 21 to the Treaty on European Union and the Treaty on the Functioning of the European Union (protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice);
the former Protocol on the position of the United Kingdom and Ireland annexed, in accordance with the Treaty of Amsterdam, to the Treaty on European Union and the Treaty establishing the European Community (protocol in respect of Title IV of Part 3 of the Treaty establishing the European Community);
Article 10 of Title VII of Protocol 36 to the Treaty on European Union and the Treaty on the Functioning of the European Union (transitional provision with respect to acts of the Union in the field of police co-operation and judicial co-operation in criminal matters adopted before the coming into force of the Treaty of Lisbon).
a Measure or Act of the National Assembly for Wales, or
There is no right in domestic law on or after IP completion day to damages in accordance with the rule in Francovich.
A devolved authority may by regulations make such provision as the devolved authority considers appropriate to prevent, remedy or mitigate— arising from the withdrawal of the United Kingdom from the EU. A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate to prevent, remedy or mitigate— arising from the withdrawal of the United Kingdom from the EU. Section 8(2) to (9) apply for the purposes of this Part as they apply for the purposes of section 8 (including the references to the Minister in section 8(2) and (3) (but not the reference to a Minister of the Crown in section 8(3)(b)) being read as references to the devolved authority or (as the case may be) the Minister acting jointly with the devolved authority and the references to section 8(1) being read as references to sub-paragraph (1) or (2) above). Regulations under sub-paragraph (1) above are subject to paragraphs 2 to 7.
No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority. See paragraphs 17 to 19 for the meaning of “devolved competence” for the purposes of this Part.
No regulations may be made under this Part by a devolved authority acting alone so far as the regulations— unless the regulations are, to that extent, made after consulting with the Secretary of State.
are to come into force before exit day, or
remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 8(2)(c) or (e),
No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of the National Assembly for Wales, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under this Part by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. No regulations may be made under this Part by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown. Sub-paragraph (2), (3) or (4) does not apply if— Sub-paragraph (2), (3) or (4) does not apply if—
After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report which— The first reporting period is the period of three months beginning with the day on which this Act is passed. Each successive period of three months after the first reporting period is a reporting period. A Minister of the Crown must provide a copy of every report laid before Parliament under this paragraph— In sub-paragraph (4) “the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate. This paragraph ceases to apply when no retained EU law restrictions have effect and all the relevant powers have been repealed.
This section applies if a court or tribunal decides, in the course of any proceedings—
that a provision of assimilated direct legislation is incompatible with, and by virtue of section 5(A2)(b) subject to, any domestic enactment, or
that a domestic enactment is incompatible with, and by virtue of section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 subject to, a provision of assimilated direct legislation.
The court or tribunal must make an order (an “incompatibility order”) to that effect (in addition to any exercise of other powers that it may have in relation to the proceedings).
An incompatibility order may (among other things)—
set out the effect of the relevant provision in its operation in relation to that particular case;
delay the coming into force of the order;
remove or limit any effect of the operation of the relevant provision before the coming into force of the order.
Provision included in an incompatibility order may be made subject to conditions.
In this section—
Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.
The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).
The Act of 1972 has effect on and after exit day as if —
the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—
included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but
were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,
the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,
section 2(3) (payment of EU costs etc.) were omitted,
in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—
the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and
the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,
references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and
in Part 2 of Schedule 1 (general definitions in relation to the EU)—
in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and
in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.
In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.
Subsections (1) to (4) are repealed on IP completion day.
In this Act—
In this Act—
references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and
references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.
Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.
EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows.
Any enactment which continues to have effect by virtue of subsection (2) is to be read, on and after exit day and so far as the context permits or requires, as if—
any reference to an expression which is to be read in accordance with Schedule 1 to the Interpretation Act 1978 and is an expression defined by section 1 of, or Part 2 of Schedule 1 to, the European Communities Act 1972 were a reference to that expression as defined by that section or that Part of that Schedule as it continues to have effect by virtue of section 1A(2) to (4) of this Act,
any reference (however expressed and subject to paragraph (a) above) to— were a reference to any such thing so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,
EU law,
any particular EU Treaty or any part of it,
any EU instrument, or other document of an EU entity or of the EU, or any part of any such instrument or document,
any part of EU law not falling within sub-paragraph (ii) or (iii),
any tax, duty, levy or interests of the EU, or
any arrangement involving, or otherwise relating to, the EU of a kind not falling within sub-paragraph (i), (ii), (iii), (iv) or (v),
any reference (however expressed and subject to paragraph (a) above) to the European Communities Act 1972 were or (as the case may be) included a reference to the Act of 1972 as it continues to have effect by virtue of section 1A(2) to (4) of this Act,
any reference (however expressed) to the area of the EU or of the EEA included the United Kingdom,
any reference (however expressed) to a citizen of the EU or a national of the EEA included a United Kingdom national (within the meaning given by Article 2(d) of the withdrawal agreement), and
such other modifications were made as—
are provided for by regulations under section 8A or Part 1A of Schedule 2, or
so far as not so provided, are necessary for any purpose of Part 4 of the withdrawal agreement and are capable of being ascertained from any such purpose or otherwise from that Part of that agreement.
Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP completion day is, unless the contrary intention appears, to be read in accordance with subsection (3) (and anything done or omitted to be done in connection with any such enactment is to be understood, and has effect, accordingly).
Subsections (2) to (4) are subject to any regulations made under section 8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under the European Union (Withdrawal Agreement) Act 2020.
Subsections (1) to (5) are repealed on IP completion day.
In this Act “EU-derived domestic legislation” means any enactment so far as— but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020.
made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,
passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,
relating to—
anything which falls within paragraph (a) or (b), or
any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or
relating otherwise to the EU or the EEA,
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate to prevent, remedy or mitigate— arising from the withdrawal of the United Kingdom from the EU.
any failure of retained EU law to operate effectively, or
any other deficiency in retained EU law,
Deficiencies in retained EU law are where the Minister considers that retained EU law—
contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,
confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,
makes provision for, or in connection with, reciprocal arrangements between— which no longer exist or are no longer appropriate,
the United Kingdom or any part of it or a public authority in the United Kingdom, and
the EU, an EU entity, a member State or a public authority in a member State,
makes provision for, or in connection with, other arrangements which— and which no longer exist or are no longer appropriate,
involve the EU, an EU entity, a member State or a public authority in a member State, or
are otherwise dependent upon the United Kingdom's membership of the EU or Part 4 of the withdrawal agreement,
makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties or as a result of either the end of the implementation period or any other effect of the withdrawal agreement,
is not clear in its effect as a result of the operation of any provision of sections 2 to 6 or Schedule 1,
does not contain any functions or restrictions which—
were in an EU directive and in force immediately before IP completion day (including any power to make EU tertiary legislation), and
it is appropriate to retain, or
contains EU references which are no longer appropriate.
There is also a deficiency in retained EU law where the Minister considers that there is—
anything in retained EU law which is of a similar kind to any deficiency which falls within subsection (2), or
a deficiency in retained EU law of a kind described, or provided for, in regulations made by a Minister of the Crown.
But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after IP completion day.
Regulations under subsection (1) may make any provision that could be made by an Act of Parliament.
Regulations under subsection (1) may (among other things) provide for functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be—
exercisable instead by a public authority (whether or not established for the purpose) in the United Kingdom, or
replaced, abolished or otherwise modified.
But regulations under subsection (1) may not—
impose or increase taxation or fees,
make retrospective provision,
create a relevant criminal offence,
establish a public authority,
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amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
No regulations may be made under this section after the end of the period of two years beginning with IP completion day.
The reference in subsection (1) to a failure or other deficiency arising from the withdrawal of the United Kingdom from the EU includes a reference to any failure or other deficiency arising from —
any aspect of that withdrawal, including (among other things)—
the end of the implementation period, or
any other effect of the withdrawal agreement, or
that withdrawal, or any such aspect of it, taken together with the operation of any provision, or the interaction between any provisions, made by or under this Act or the European Union (Withdrawal Agreement) Act 2020.
A Minister of the Crown may by regulations—
provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),
provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,
make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,
modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or
make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.
The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.
In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.
No regulations may be made under subsection (1) after the end of the period of two years beginning with IP completion day.
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A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purposes of implementing the withdrawal agreement if the Minister considers that such provision should be in force on or before exit day, subject to the prior enactment of a statute by Parliament approving the final terms of withdrawal of the United Kingdom from the EU.
Regulations under this section may make any provision that could be made by an Act of Parliament.
But regulations under this section may not—
impose or increase taxation or fees,
make retrospective provision,
create a relevant criminal offence,
establish a public authority, or
amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it.
No regulations may be made under this section after exit day.
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—
to implement Part 3 of the withdrawal agreement (separation provisions),
to supplement the effect of section 7A in relation to that Part, or
otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—
to implement Part 3 of the EEA EFTA separation agreement (separation provisions),
to supplement the effect of section 7B in relation to that Part, or
otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).
Regulations under this section may make any provision that could be made by an Act of Parliament.
Regulations under this section may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—
section 7A above and Part 3 of the withdrawal agreement, or
section 7B above and Part 3 of the EEA EFTA separation agreement.
But regulations under this section may not—
impose or increase taxation or fees,
make retrospective provision,
create a relevant criminal offence,
establish a public authority,
amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
In this section references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—
to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,
to supplement the effect of section 7A in relation to the Protocol, or
otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).
Regulations under subsection (1) may make any provision that could be made by an Act of Parliament (including modifying this Act).
Regulations under subsection (1) may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.
Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by— in respect of qualifying Northern Ireland goods.
the authorities of a member State, or
bodies established in a member State,
Regulations under subsection (1) may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.
Regulations under subsection (1) may not amend, repeal or otherwise modify the operation of section 47 of the United Kingdom Internal Market Act 2020 (“the 2020 Act”), except by making—
provision of the sort that is contemplated by section 47(2) of the 2020 Act (permitted checks);
provision under subsection (6);
provision of the sort described in paragraph 21(b) of Schedule 7 (supplementary and transitional provision etc) in connection with—
provision within either of the preceding paragraphs;
Articles 5 to 10 of the Northern Ireland Protocol ceasing to apply (and the resulting operation of section 55(1) of the 2020 Act).
A Minister of the Crown may by regulations define “qualifying Northern Ireland goods” for the purposes of this Act.
In this section any reference to the Protocol on Ireland/Northern Ireland includes a reference to— but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).
any other provision of the withdrawal agreement so far as applying to the Protocol, and
any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),
In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—
act in a way that is compatible with the terms of the Northern Ireland Act 1998, and
have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.
Nothing in section 8 ... or 23(1) or (6) of this Act authorises regulations which—
diminish any form of North-South cooperation provided for by the Belfast Agreement ..., or
create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.
A Minister of the Crown may not agree to the making of a recommendation by the Joint Committee under Article 11(2) of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (recommendations as to North-South cooperation) to—
alter the arrangements for North-South co-operation as provided for by the Belfast Agreement,
establish a new implementation body, or
alter the functions of an existing implementation body.
In this section—
...
Schedule 2 (which confers powers to make regulations involving devolved authorities which correspond to the powers conferred by sections 8 to 8C) has effect.
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Part 1 of Schedule 3 (which makes corresponding provision in relation to executive competence to that made by subsections (1) to (6) in relation to legislative competence) has effect.
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A Minister of the Crown may by regulations—
repeal any of the following provisions—
section 30A or 57(4) to (15) of the Scotland Act 1998,
section 80(8) to (8L) or 109A of the Government of Wales Act 2006, or
section 6A or 24(3) to (15) of the Northern Ireland Act 1998, or
modify any enactment in consequence of any such repeal.
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to repeal each of those provisions so far as it has not been repealed, or
to revoke any regulations made under any of those provisions so far as they have not been revoked.
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the fact that the powers to make regulations conferred by the provisions mentioned in subsection (9)(a), and any restrictions arising by virtue of them, are intended to be temporary and, where appropriate, replaced with other arrangements, and
any progress which has been made in implementing those other arrangements.
Part 3 of Schedule 3 (which contains amendments of devolution legislation not dealt with elsewhere) has effect.
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Subsection (2) applies to— as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom.
all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the withdrawal agreement, and
all such remedies and procedures from time to time provided for by or under the withdrawal agreement,
The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—
recognised and available in domestic law, and
enforced, allowed and followed accordingly.
Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (2).
The following provide for the application in Northern Ireland of EU law relating to the trade in goods necessary for the functioning of the Windsor Framework in the withdrawal agreement to be subject to democratic consent and scrutiny—
Articles 13 and 18 of that Framework, and
Part 5A of the Northern Ireland Act 1998.
This section does not apply in relation to Part 4 of the withdrawal agreement so far as section 2(1) of the European Communities Act 1972 applies in relation to that Part.
See also (among other things)—
Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),
section 20 of that Act (financial provision),
section 7C of this Act (interpretation of law relating to withdrawal agreement etc.),
section 8B of this Act (power in connection with certain other separation issues),
section 8C of this Act (power in connection with the Protocol on Ireland/Northern Ireland in withdrawal agreement), and
Parts 1B and 1C of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues and the Ireland/Northern Ireland Protocol).
Subsection (2) applies to all such rights, powers, liabilities, obligations, restrictions, remedies and procedures as— if that Article were to apply in relation to the EEA EFTA separation agreement and the Swiss citizens' rights agreement, those agreements were part of EU law and the relevant EEA states and Switzerland were member States.
would from time to time be created or arise, or (in the case of remedies or procedures) be provided for, by or under the EEA EFTA separation agreement or the Swiss citizens' rights agreement, and
would, in accordance with Article 4(1) of the withdrawal agreement, be required to be given legal effect or used in the United Kingdom without further enactment,
The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—
recognised and available in domestic law, and
enforced, allowed and followed accordingly.
Every enactment (other than section 7A but otherwise including an enactment contained in this Act) is to be read and has effect subject to subsection (2).
See also (among other things)—
Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),
section 7C of this Act (interpretation of law relating to the EEA EFTA separation agreement and the Swiss citizens' rights agreement etc.),
section 8B of this Act (power in connection with certain other separation issues), and
Part 1B of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues).
In this section “the relevant EEA states” means Norway, Iceland and Liechtenstein.
In this Act “EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).
Any question as to the validity, meaning or effect of any relevant separation agreement law is to be decided, so far as they are applicable—
in accordance with the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement, and
having regard (among other things) to the desirability of ensuring that, where one of those agreements makes provision which corresponds to provision made by another of those agreements, the effect of relevant separation agreement law in relation to the matters dealt with by the corresponding provision in each agreement is consistent.
See (among other things)—
Article 4 of the withdrawal agreement (methods and principles relating to the effect, the implementation and the application of the agreement),
Articles 158 and 160 of the withdrawal agreement (jurisdiction of the European Court in relation to Part 2 and certain provisions of Part 5 of the agreement),
Articles 12 and 13 of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (implementation, application, supervision and enforcement of the Protocol and common provisions),
Article 4 of the EEA EFTA separation agreement (methods and principles relating to the effect, the implementation and the application of the agreement), and
Article 4 of the Swiss citizens' rights agreement (methods and principles relating to the effect, the implementation and the application of the agreement).
In this Act “relevant separation agreement law” means— as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time.
any of the following provisions or anything which is domestic law by virtue of any of them—
section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or this section, or
Part 3, or section 20, of the European Union (Withdrawal Agreement) Act 2020 (citizens' rights and financial provision), or
anything not falling within paragraph (a) so far as it is domestic law for the purposes of, or otherwise within the scope of—
the withdrawal agreement (other than Part 4 of that agreement),
the EEA EFTA separation agreement, or
the Swiss citizens' rights agreement,
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The withdrawal agreement may be ratified only if—
a Minister of the Crown has laid before each House of Parliament—
a statement that political agreement has been reached,
a copy of the negotiated withdrawal agreement, and
a copy of the framework for the future relationship,
the negotiated withdrawal agreement and the framework for the future relationship have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown,
a motion for the House of Lords to take note of the negotiated withdrawal agreement and the framework for the future relationship has been tabled in the House of Lords by a Minister of the Crown and—
the House of Lords has debated the motion, or
the House of Lords has not concluded a debate on the motion before the end of the period of five Lords sitting days beginning with the first Lords sitting day after the day on which the House of Commons passes the resolution mentioned in paragraph (b), and
an Act of Parliament has been passed which contains provision for the implementation of the withdrawal agreement.
So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1)(b) to be debated and voted on by the House of Commons before the European Parliament decides whether it consents to the withdrawal agreement being concluded on behalf of the EU in accordance with Article 50(2) of the Treaty on European Union.
Subsection (4) applies if the House of Commons decides not to pass the resolution mentioned in subsection (1)(b).
A Minister of the Crown must, within the period of 21 days beginning with the day on which the House of Commons decides not to pass the resolution, make a statement setting out how Her Majesty’s Government proposes to proceed in relation to negotiations for the United Kingdom’s withdrawal from the EU under Article 50(2) of the Treaty on European Union.
A statement under subsection (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.
A Minister of the Crown must make arrangements for—
a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in subsection (4), to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the statement is made, and
a motion for the House of Lords to take note of the statement to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the statement is made.
Subsection (8) applies if the Prime Minister makes a statement before the end of 21 January 2019 that no agreement in principle can be reached in negotiations under Article 50(2) of the Treaty on European Union on the substance of—
the arrangements for the United Kingdom’s withdrawal from the EU, and
the framework for the future relationship between the EU and the United Kingdom after withdrawal.
A Minister of the Crown must, within the period of 14 days beginning with the day on which the statement mentioned in subsection (7) is made—
make a statement setting out how Her Majesty’s Government proposes to proceed, and
make arrangements for—
a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in paragraph (a), to be moved in that House by a Minister of the Crown within the period of seven Commons sitting days beginning with the day on which the statement mentioned in paragraph (a) is made, and
a motion for the House of Lords to take note of the statement mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of seven Lords sitting days beginning with the day on which the statement mentioned in paragraph (a) is made.
A statement under subsection (7) or (8)(a) must be made in writing and be published in such manner as the Minister making it considers appropriate.
Subsection (11) applies if, at the end of 21 January 2019, there is no agreement in principle in negotiations under Article 50(2) of the Treaty on European Union on the substance of—
the arrangements for the United Kingdom’s withdrawal from the EU, and
the framework for the future relationship between the EU and the United Kingdom after withdrawal.
A Minister of the Crown must, within the period of five days beginning with the end of 21 January 2019—
make a statement setting out how Her Majesty’s Government proposes to proceed, and
make arrangements for—
a motion in neutral terms, to the effect that the House of Commons has considered the matter of the statement mentioned in paragraph (a), to be moved in that House by a Minister of the Crown within the period of five Commons sitting days beginning with the end of 21 January 2019, and
a motion for the House of Lords to take note of the statement mentioned in paragraph (a) to be moved in that House by a Minister of the Crown within the period of five Lords sitting days beginning with the end of 21 January 2019.
A statement under subsection (11)(a) must be made in writing and be published in such manner as the Minister making it considers appropriate
For the purposes of this section—
a statement made under subsection (4), (8)(a) or (11)(a) may be combined with a statement made under another of those provisions,
a motion falling within subsection (6)(a), (8)(b)(i) or (11)(b)(i) may be combined into a single motion with another motion falling within another of those provisions, and
a motion falling within subsection (6)(b), (8)(b)(ii) or (11)(b)(ii) may be combined into a single motion with another motion falling within another of those provisions.
This section does not affect the operation of Part 2 of the Constitutional Reform and Governance Act 2010 (ratification of treaties) in relation to the withdrawal agreement.
In subsection (1) “framework for the future relationship” means the document or documents identified, by the statement that political agreement has been reached, as reflecting the agreement in principle on the substance of the framework for the future relationship between the EU and the United Kingdom after withdrawal.
In this section—
Subsection (2) applies where the European Scrutiny Select Committee of the House of Commons (“the ESC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—
states that, in the opinion of the ESC, the EU legislation raises a matter of vital national interest to the United Kingdom,
confirms that the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has consulted any Departmental Select Committee of the House of Commons which the ESC considers also has an interest in the EU legislation, and
sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (2).
A Minister of the Crown must, within the period of 14 Commons sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (1)(c) to be debated and voted on by the House of Commons.
Subsection (4) applies where the EU Select Committee of the House of Lords (“the EUC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—
states that, in the opinion of the EUC, the EU legislation raises a matter of vital national interest to the United Kingdom,
confirms that the EUC has taken such evidence as it considers appropriate as to the effect of the EU legislation, and
sets out the wording of a motion to be moved in the House of Lords in accordance with subsection (4).
A Minister of the Crown must, within the period of 14 Lords sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (3)(c) to be debated and voted on by the House of Lords.
In this section—
Subsection (2) applies if a request has been made under Article 170 of the withdrawal agreement to the other party in a dispute (request to establish an arbitration panel in relation to a dispute between the EU and the United Kingdom).
A Minister of the Crown must, within the 14 day period beginning with the day on which the request is made, make a statement in writing to each House of Parliament that the request has been made and setting out the details of it.
Subsection (4) applies if the European Court has given a ruling in response to a request by an arbitration panel under Article 174(1) of the withdrawal agreement (request for ruling by European Court on certain questions arising in a dispute submitted to arbitration).
A Minister of the Crown must, within the 14 day period beginning with the publication in the Official Journal of the European Union of the ruling of the European Court, make a statement in writing to each House of Parliament that the ruling has been made and setting out the details of it contained in the Official Journal.
After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report setting out the number of times within the reporting period that the Joint Committee has been provided with notice under Article 169(1) of the withdrawal agreement (notice concerning the commencement of consultations in the Joint Committee to resolve a dispute between the EU and the United Kingdom about the interpretation and application of the withdrawal agreement).
In this section—
This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would affect trade between Northern Ireland and other parts of the United Kingdom.
The Minister in charge of the Bill must, before Second Reading of the Bill in the House in question, make—
a statement to the effect that in the Minister’s view the Bill does not contain provision which, if enacted, would have a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom, or
a statement to the effect that the Minister is unable to make such a statement but His Majesty’s Government nevertheless wishes the House to proceed with the Bill.
A statement under this section must be in writing and be published in such manner as the Minister considers appropriate.
Schedule 4 (which contains powers in connection with fees and charges) has effect.
A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
Subsection (3) is subject to any other provision made by or under this Act or any other enactment.
Part 1 of Schedule 5 (which makes provision for the publication by the Queen's Printer of copies of retained direct EU legislation and related information) has effect.
Part 2 of Schedule 5 (which makes provision about rules of evidence) has effect.
A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.
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The Secretary of State must, within the period of six months beginning with the day on which this Act is passed, publish a draft Bill consisting of—
a set of environmental principles,
a duty on the Secretary of State to publish a statement of policy in relation to the application and interpretation of those principles in connection with the making and development of policies by Ministers of the Crown,
a duty which ensures that Ministers of the Crown must have regard, in circumstances provided for by or under the Bill, to the statement mentioned in paragraph (b),
provisions for the establishment of a public authority with functions for taking, in circumstances provided for by or under the Bill, proportionate enforcement action (including legal proceedings if necessary) where the authority considers that a Minister of the Crown is not complying with environmental law (as it is defined in the Bill), and
such other provisions as the Secretary of State considers appropriate.
The set of environmental principles mentioned in subsection (1)(a) must (however worded) consist of—
the precautionary principle so far as relating to the environment,
the principle of preventative action to avert environmental damage,
the principle that environmental damage should as a priority be rectified at source,
the polluter pays principle,
the principle of sustainable development,
the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities,
public access to environmental information,
public participation in environmental decision-making, and
access to justice in relation to environmental matters.
The functions of the United Kingdom’s co-chair of the Joint Committee, under Annex VIII of the withdrawal agreement (rules of procedure of the Joint Committee and specialised committees), are to be exercised personally by a Minister of the Crown (and, accordingly, only a Minister of the Crown may be designated as a replacement under Rule 1(3)).
A Minister of the Crown must, within the period of two months beginning with the day on which the European Union (Withdrawal Agreement) Act 2020 is passed, lay before Parliament a statement of policy in relation to any future arrangements between the United Kingdom and the EU about—
unaccompanied children, who make an application for international protection to a member State, coming to the United Kingdom where it is in their best interests to join a relative who—
is a lawful resident of the United Kingdom, or
has made a protection claim which has not been decided, and
unaccompanied children in the United Kingdom, who make a protection claim, going to a member State to join a relative there in equivalent circumstances.
For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.
For the purposes of subsection (1)(a)(ii), a protection claim is decided—
when the Secretary of State notifies the claimant of the Secretary of State's decision on the claim, unless the claimant appeals against the decision, or
if the claimant appeals against the Secretary of State's decision on the claim, when the appeal is disposed of.
In this section—
Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.
In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—
under section 2(2) of the European Communities Act 1972 immediately before the repeal of that section by section 1, or
under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph 17 of Schedule 8.
A statutory instrument containing regulations under section 8(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Provision falls within this sub-paragraph if it— Any other statutory instrument containing regulations under section 8(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament. See paragraph 3 for restrictions on the choice of procedure under sub-paragraph (3). A statutory instrument containing regulations under section 8 (3)(b) (including as applied by paragraph 1(3) of Schedule 2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. Regulations under Part 1 of Schedule 2 of the Scottish Ministers which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)). Any other regulations under Part 1 of Schedule 2 of the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010). A statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Any other statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly. See paragraph 4 for restrictions on the choice of procedure under sub-paragraph (9). Regulations under Part 1 of Schedule 2 of a Northern Ireland department which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly. Any other regulations under Part 1 of Schedule 2 of a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act. This paragraph—
Sub-paragraph (2) applies if the Welsh Ministers are to make a statutory instrument to which paragraph 1(9) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. The Welsh Ministers may not make the instrument so that it is subject to that procedure unless— Condition 1 is that the Welsh Ministers— Condition 2 is that a committee of the National Assembly for Wales charged with doing so has made a recommendation as to the appropriate procedure for the instrument. Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the National Assembly for Wales as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4). In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is— Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 1(9) applies is made that another procedure should apply to the instrument (whether under paragraph 1(9) or 7). Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before the Assembly) does not apply in relation to any statutory instrument to which this paragraph applies. The references in this paragraph to paragraph 1(9) do not include references to paragraph 1(9) as applied by paragraph 10(5) (for which see paragraph 18).
“relevant regulations” means regulations made under a relevant power;
A devolved authority may by regulations make such provision as the devolved authority considers appropriate for the purposes of implementing the withdrawal agreement if the devolved authority considers that such provision should be in force on or before exit day. A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate for the purposes of implementing the withdrawal agreement if they consider that such provision should be in force on or before exit day. Regulations under this Part may make any provision that could be made by an Act of Parliament. But regulations under this Part may not— No regulations may be made under this Part after exit day. Regulations under sub-paragraph (1) are also subject to paragraphs 13 to 16.
The United Kingdom’s co-chair of the Joint Committee may not consent to the Joint Committee using the written procedure provided for in Rule 9(1) of Annex VIII of the withdrawal agreement.
In subsection (1) the reference to the United Kingdom’s co-chair of the Joint Committee includes a reference to any designee of the co-chair designated under Rule 1(3) of Annex VIII of the withdrawal agreement.
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A Minister of the Crown must lay before each House of Parliament a statement in writing outlining the steps taken by Her Majesty’s Government, in negotiations under Article 50(2) of the Treaty on European Union, to seek to negotiate an agreement, as part of the framework for the United Kingdom’s future relationship with the EU, for the United Kingdom to participate in a customs arrangement with the EU.
The statement under subsection (1) must be laid before both Houses of Parliament before the end of 31 October 2018.
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replicating in domestic law any EU law made on or after exit day, or
continuing to participate in, or have a formal relationship with, the agencies of the EU after exit day.
In this Act—
In this Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on 31 January 2020 or (as the case may be) to beginning with 11.00 p.m. on that day.
Subsection (4) applies if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of “exit day” in subsection (1).
A Minister of the Crown must by regulations—
amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and
amend subsection (2) in consequence of any such amendment.
In subsections (3) and (4) “the Treaties” means the Treaty on European Union and the Treaty on the Functioning of the European Union.
In this Act references to anything which continues to be domestic law by virtue of section 1B(2) include—
references to anything to which section 1B(2) applies which continues to be domestic law on or after exit day (whether or not it would have done so irrespective of that provision), and
references to anything which continues to be domestic law on or after exit day by virtue of section 1B(2) (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time).
In this Act references to anything which continues to be domestic law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be domestic law on or after IP completion day (whether or not it would have done so irrespective of that section).
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References in this Act (however expressed) to a public authority in the United Kingdom include references to a public authority in any part of the United Kingdom.
References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.
Any other reference in this Act to— includes a reference to that Article as applied by Article 106a of the Euratom Treaty.
an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union, or
Article 10 of Title VII of Protocol 36 to those treaties,
In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. Expression Provision Anything which continues to be domestic law by virtue of section 1B(2) Section 20(5A) Anything which continues to be domestic law by virtue of section 2 Section 20(6) . . . . . . Article (in relation to the Treaty on European Union or the Treaty on the Functioning of the European Union) Section 20(10) Assimilated case law Section 6(7) Assimilated direct legislation Section 20(1) Assimilated direct minor legislation Section 20(1) Assimilated direct principal legislation Section 20(1) Assimilated domestic case law Section 6(7) Assimilated EU case law Section 6(7) Assimilated law Section 6(7) Charter of Fundamental Rights Section 20(1) Commons sitting day Section 20(1) Devolved authority Section 20(1) Direct EU legislation Section 3(2) Domestic law Section 20(1) The EEA Section 20(1) EEA agreement Schedule 1 to the Interpretation Act 1978 EEA EFTA separation agreement Section 7B(6) Enactment Section 20(1) The EU Schedule 1 to the Interpretation Act 1978 EU decision Section 20(1) EU-derived domestic legislation Section 1B(7) EU directive Section 20(1) EU entity Section 20(1) EU institution Schedule 1 to the Interpretation Act 1978 EU instrument Schedule 1 to the Interpretation Act 1978 Euratom Treaty Schedule 1 to the Interpretation Act 1978 EU reference Section 20(1) EU regulation Section 20(1) European Communities Act 1972 Section 1A(7)(a) European Court Schedule 1 to the Interpretation Act 1978 EU tertiary legislation Section 20(1) EU Treaties Schedule 1 to the Interpretation Act 1978 Exempt EU instrument Section 20(1) Exit day (and related expressions) Section 20(1) to (5) Former Article 34(2)(c) of Treaty on European Union Section 20(9) Future relationship agreement Section 20(1) Implementation period Section 1A(6) IP completion day (and related expressions) Section 1A(6) Joint Committee Section 20(1) Lords sitting day Section 20(1) Member State Section 20(1) and Schedule 1 to the Interpretation Act 1978 Minister of the Crown Section 20(1) Modify (and related expressions) Section 20(1) Northern Ireland devolved authority Section 20(1) Operative (in relation to direct EU legislation) Section 3(3) Part (of withdrawal agreement or EEA EFTA separation agreement) Section 1A(7)(b) Primary legislation Section 20(1) Public authority Section 20(1) Public authority in the United Kingdom (however expressed) Section 20(8) Qualifying Northern Ireland goods Section 8C(6) Ratify Section 20(1) Relevant criminal offence Section 20(1) (and paragraph 44 of Schedule 8) Relevant separation agreement law Section 7C(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retrospective provision Section 20(1) Subordinate legislation Section 20(1) Swiss citizens' rights agreement Section 7B(6) Tribunal Section 20(1) Wales Section 20(1) Welsh zone Section 20(1) Withdrawal agreement Section 1A(6)
See paragraph 22 of Schedule 8 for amendments made by this Act to Schedule 1 to the Interpretation Act 1978.
Schedule 7 (which makes provision about the scrutiny by Parliament and the devolved legislatures of regulations under this Act and contains other general provision about such regulations) has effect.
A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.
The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.
In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.
No regulations may be made under subsection (1) after the end of the period of 10 years beginning with IP completion day.
Parts 1 and 2 of Schedule 8 (which contain consequential provision) have effect.
A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day or IP completion day).
Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.
The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.
Subject to subsections (2) and (3), this Act extends to England and Wales, Scotland and Northern Ireland.
Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.
Regulations under section 8(1) or 23 may make provision which extends to Gibraltar—
modifying any enactment which—
extends to Gibraltar and relates to European Parliamentary elections, or
extends to Gibraltar for any purpose which is connected with Gibraltar forming part of an electoral region, under the European Parliamentary Elections Act 2002, for the purposes of such elections, or
which is supplementary, incidental, consequential, transitional, transitory or saving provision in connection with a modification within paragraph (a).
The following provisions— come into force on the day on which this Act is passed.
sections 8 to 11 (including Schedule 2),
paragraphs 4, 5, 21(2)(b), 48(b), 51(2)(c) and (d) and (4) of Schedule 3 (and section 12(8) and (12) so far as relating to those paragraphs),
sections 13 and 14 (including Schedule 4),
sections 16 to 18,
sections 20 to 22 (including Schedules 6 and 7),
section 23(1) to (4) and (6),
paragraph 41(10), 43 and 44 of Schedule 8 (and section 23(7) so far as relating to those paragraphs),
section 24, and
this section,
In section 12—
subsection (2) comes into force on the day on which this Act is passed for the purposes of making regulations under section 30A of the Scotland Act 1998,
subsection (4) comes into force on that day for the purposes of making regulations under section 109A of the Government of Wales Act 2006, and
subsection (6) comes into force on that day for the purposes of making regulations under section 6A of the Northern Ireland Act 1998.
In Schedule 3— and section 12(7) and (12), so far as relating to each of those paragraphs, comes into force on that day for the purposes of making the regulations mentioned above in relation to that paragraph.
paragraph 1(b) comes into force on the day on which this Act is passed for the purposes of making regulations under section 57(4) of the Scotland Act 1998,
paragraph 2 comes into force on that day for the purposes of making regulations under section 80(8) of the Government of Wales Act 2006,
paragraph 3(b) comes into force on that day for the purposes of making regulations under section 24(3) of the Northern Ireland Act 1998,
paragraph 24(2) comes into force on that day for the purposes of making regulations under section 30A of the Scotland Act 1998,
paragraph 24(3) comes into force on that day for the purposes of making regulations under section 57(4) of the Scotland Act 1998,
paragraph 25 comes into force on that day for the purposes of making regulations under section 30A or 57(4) of the Scotland Act 1998,
paragraph 43 comes into force on that day for the purposes of making regulations under section 80(8) or 109A of the Government of Wales Act 2006, and
paragraphs 57 and 58 come into force on that day for the purposes of making regulations under section 6A or 24(3) of the Northern Ireland Act 1998;
The provisions of this Act, so far as they are not brought into force by subsections (1) to (3), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.
This Act may be cited as the European Union (Withdrawal) Act 2018.