http://www.legislation.gov.uk/ukpga/2018/16/schedules/enactedEuropean Union (Withdrawal) Act 2018enKing's Printer of Acts of Parliament2018-06-26SCHEDULESSCHEDULE 1

Section 5(6)

Further provision about exceptions to savings and incorporation1Challenges to validity of retained EU law1

There is no right in domestic law on or after exit day to challenge any retained EU law on the basis that, immediately before exit day, an EU instrument was invalid.

2

Sub-paragraph (1) does not apply so far as—

a

the European Court has decided before exit day that the instrument is invalid, or

b

the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.

3

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.

General principles of EU law2

No general principle of EU law is part of domestic law on or after exit day if it was not recognised as a general principle of EU law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case).

31

There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of EU law.

2

No court or tribunal or other public authority may, on or after exit day—

a

disapply or quash any enactment or other rule of law, or

b

quash any conduct or otherwise decide that it is unlawful,

because it is incompatible with any of the general principles of EU law.

4Rule in Francovich

There is no right in domestic law on or after exit day to damages in accordance with the rule in Francovich.

5Interpretation1

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 exit day in accordance with this Act.

2

Accordingly (among other things) the references to the principle of the supremacy of EU law in section 5(2) and (3) do not include anything which would bring into domestic law any modification of EU law which is adopted or notified, comes into force or only applies on or after exit day.

SCHEDULE 2

Section 11

Corresponding powers involving devolved authoritiesPart 1Dealing with deficiencies arising from withdrawal1Power to deal with deficiencies1

A devolved authority may by regulations make such provision as the devolved authority considers appropriate to prevent, remedy or mitigate—

a

any failure of retained EU law to operate effectively, or

b

any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

2

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—

a

any failure of retained EU law to operate effectively, or

b

any other deficiency in retained EU law,

arising from the withdrawal of the United Kingdom from the EU.

3

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).

4

Regulations under sub-paragraph (1) above are subject to paragraphs 2 to 7.

2No power to make provision outside devolved competence1

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.

2

See paragraphs 8 to 11 for the meaning of “devolved competence” for the purposes of this Part.

3No power to modify retained direct EU legislation or confer certain functions1

No provision may be made by the Scottish Ministers acting alone in regulations under this Part so far as the provision—

a

modifies any retained direct EU legislation or anything which is retained EU law by virtue of section 4 or confers functions which correspond to functions to make EU tertiary legislation, and

b

would, when made, be in breach of—

i

the restriction in section 30A(1) of the Scotland Act 1998 if the provision were made in an Act of the Scottish Parliament, or

ii

the restriction in section 57(4) of the Act of 1998 if section 57(5)(b) of that Act so far as relating to this Schedule were ignored.

2

No provision may be made by the Welsh Ministers acting alone in regulations under this Part so far as the provision—

a

modifies any retained direct EU legislation or anything which is retained EU law by virtue of section 4 or confers functions which correspond to functions to make EU tertiary legislation, and

b

would, when made, be in breach of—

i

the restriction in section 80(8) of the Government of Wales Act 2006 if section 80(8A)(b) of that Act so far as relating to this Schedule were ignored, or

ii

the restriction in section 109A(1) of that Act if the provision were made in an Act of the National Assembly for Wales.

3

No provision may be made by a Northern Ireland department acting alone in regulations under this Part so far as the provision—

a

modifies any retained direct EU legislation or anything which is retained EU law by virtue of section 4 or confers functions which correspond to functions to make EU tertiary legislation, and

b

would, when made, be in breach of—

i

the restriction in section 6A(1) of the Northern Ireland Act 1998 if the provision were made in an Act of the Northern Ireland Assembly, or

ii

the restriction in section 24(3) of the Act of 1998 if section 24(4)(b) of that Act so far as relating to this Schedule were ignored.

4

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—

a

is a modification of any retained direct EU legislation or anything which is retained EU law by virtue of section 4,

b

is made by this Act or a Minister of the Crown under this Act, and

c

could not be made by the devolved authority by virtue of sub-paragraph (1), (2) or (as the case may be) (3).

5

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.

6

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.

4Requirement for consultation in certain circumstances

No regulations may be made under this Part by a devolved authority acting alone so far as the regulations—

a

are to come into force before exit day, or

b

remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 8(2)(c) or (e),

unless the regulations are, to that extent, made after consulting with the Secretary of State.

5Requirement for consent where it would otherwise be required1

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.

2

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.

3

Sub-paragraph (1) or (2) does not apply if—

a

the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and

b

no such consent would be required in that case.

4

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—

a

subordinate legislation made otherwise than under this Act by the devolved authority, or

b

subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,

would require the consent of a Minister of the Crown.

5

Sub-paragraph (4) does not apply if—

a

the provision could be contained in—

i

an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, or

ii

different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) other person acting alone, and

b

no such consent would be required in that case.

6Requirement for joint exercise where it would otherwise be required1

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—

a

the Scottish Ministers acting jointly with a Minister of the Crown, or

b

the First Minister or Lord Advocate acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

2

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.

3

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—

a

a Northern Ireland department acting jointly with a Minister of the Crown, or

b

another Northern Ireland devolved authority acting jointly with a Minister of the Crown,

unless the regulations are, to that extent, made jointly with the Minister of the Crown.

4

Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—

a

an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or

b

different subordinate legislation made otherwise than under this Act by—

i

the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

ii

the Welsh Ministers acting alone, or

iii

(as the case may be), a Northern Ireland devolved authority acting alone.

7Requirement for consultation where it would otherwise be required1

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.

2

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.

3

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.

4

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.

5

Sub-paragraph (2), (3) or (4) does not apply if—

a

the provision could be contained in an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, and

b

there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

6

Sub-paragraph (2), (3) or (4) does not apply if—

a

the provision could be contained in different subordinate legislation made otherwise than under this Act by—

i

the Scottish Ministers, the First Minister or the Lord Advocate acting alone,

ii

the Welsh Ministers acting alone, or

iii

(as the case may be), a Northern Ireland devolved authority acting alone, and

b

there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.

Meaning of devolved competence: Part 181

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a

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

b

it meets the conditions in sub-paragraph (2).

2

The conditions are—

a

the provision—

i

amends or revokes subordinate legislation made before exit day by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or

ii

makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

b

the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

c

the provision only forms part of the law of Scotland,

d

the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and

e

the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.

91

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a

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

b

it meets the conditions in sub-paragraph (2).

2

The conditions are—

a

the provision—

i

amends or revokes subordinate legislation made before exit day by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, or

ii

makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

b

the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

c

the provision only forms part of the law of England and Wales,

d

the provision does not confer or remove functions exercisable otherwise than in relation to Wales or the Welsh zone, and

e

the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 5, 6 or 7 of Schedule 7B to the Government of Wales Act 2006, be modified by an Act of the National Assembly for Wales.

101

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

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

c

the provision meets the conditions in sub-paragraph (2).

2

The conditions are—

a

the provision—

i

amends or revokes subordinate legislation made before exit day by a Northern Ireland devolved authority acting alone, or

ii

makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,

b

the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,

c

the provision only forms part of the law of Northern Ireland,

d

the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,

e

the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and

f

the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.

11

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.

Part 2Implementing the withdrawal agreement12Power to implement withdrawal agreement1

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.

2

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.

3

Regulations under this Part may make any provision that could be made by an Act of Parliament.

4

But regulations under this Part may not—

a

impose or increase taxation or fees,

b

make retrospective provision,

c

create a relevant criminal offence,

d

establish a public authority,

e

modify this Act,

f

modify any subordinate legislation made under this Act unless the regulations—

i

are modifying any subordinate legislation made by the devolved authority concerned, or

ii

are made by a Minister of the Crown acting jointly with a devolved authority, or

g

amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it.

5

No regulations may be made under this Part after exit day.

6

Regulations under sub-paragraph (1) are also subject to paragraphs 13 to 16.

13No power to make provision outside devolved competence1

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.

2

See paragraphs 17 to 19 for the meaning of “devolved competence” for the purposes of this Part.

14No power to modify retained direct EU legislation etc.1

No provision may be made by the Scottish Ministers acting alone in regulations under this Part so far as the provision—

a

modifies any retained direct EU legislation or anything which is retained EU law by virtue of section 4 or confers functions which correspond to functions to make EU tertiary legislation, and

b

would, when made, be in breach of—

i

the restriction in section 30A(1) of the Scotland Act 1998 if the provision were made in an Act of the Scottish Parliament, or

ii

the restriction in section 57(4) of the Act of 1998 if section 57(5)(b) of that Act so far as relating to this Schedule were ignored.

2

No provision may be made by the Welsh Ministers acting alone in regulations under this Part so far as the provision—

a

modifies any retained direct EU legislation or anything which is retained EU law by virtue of section 4 or confers functions which correspond to functions to make EU tertiary legislation, and

b

would, when made, be in breach of—

i

the restriction in section 80(8) of the Government of Wales Act 2006 if section 80(8A)(b) of that Act so far as relating to this Schedule were ignored, or

ii

the restriction in section 109A(1) of that Act if the provision were made in an Act of the National Assembly for Wales.

3

No provision may be made by a Northern Ireland department acting alone in regulations under this Part so far as the provision—

a

modifies any retained direct EU legislation or anything which is retained EU law by virtue of section 4 or confers functions which correspond to functions to make EU tertiary legislation, and

b

would, when made, be in breach of—

i

the restriction in section 6A(1) of the Northern Ireland Act 1998 if the provision were made in an Act of the Northern Ireland Assembly, or

ii

the restriction in section 24(3) of the Act of 1998 if section 24(4)(b) of that Act so far as relating to this Schedule were ignored.

4

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—

a

is a modification of any retained direct EU legislation or anything which is retained EU law by virtue of section 4,

b

is made by this Act or a Minister of the Crown under this Act, and

c

could not be made by the devolved authority by virtue of sub-paragraph (1), (2) or (as the case may be) (3).

5

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.

6

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.

15Requirement for consultation in certain circumstances1

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.

2

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—

a

an international obligation, or

b

any right or other benefit arising from such an obligation,

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.

16Certain requirements for consent, joint exercise or consultation

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 217

A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a

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

b

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).

18

A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a

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

b

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).

19

A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a

the provision, if it were contained in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and

ii

would not require the consent of the Secretary of State,

b

the provision—

i

amends or repeals Northern Ireland legislation, and

ii

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

c

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).

SCHEDULE 3

Section 12(7), (8) and (12)

Further amendments of devolution legislation and reporting requirementPart 1Corresponding provision in relation to executive competence1Scotland Act 1998

In section 57 of the Scotland Act 1998 (EU law and Convention rights)—

a

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

b

after subsection (3) insert—

4

A member of the Scottish Government has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

5

But subsection (4) does not apply—

a

so far as the modification would be within the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or

b

to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

6

A Minister of the Crown must not lay for approval before each House of the Parliament of the United Kingdom a draft of a statutory instrument containing regulations under subsection (4) unless—

a

the Scottish Parliament has made a consent decision in relation to the laying of the draft, or

b

the 40 day period has ended without the Parliament having made such a decision.

7

For the purposes of subsection (6) a consent decision is—

a

a decision to agree a motion consenting to the laying of the draft,

b

a decision not to agree a motion consenting to the laying of the draft, or

c

a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Parliament first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

8

A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (6) must—

a

provide a copy of the draft to the Scottish Ministers, and

b

inform the Presiding Officer that a copy has been so provided.

9

See also paragraph 6 of Schedule 7 (duty to make explanatory statement about regulations under subsection (4) including a duty to explain any decision to lay a draft without the consent of the Parliament).

10

No regulations may be made under subsection (4) after the end of the period of two years beginning with exit day.

11

Subsection (10) does not affect the continuation in force of regulations made under subsection (4) at or before the end of the period mentioned in subsection (10).

12

Any regulations under subsection (4) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

13

Subsections (6) to (11) do not apply in relation to regulations which only relate to a revocation of a specification.

14

The restriction in subsection (4) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a member of the Scottish Government to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

15

In this section—

“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Scottish Ministers,

and, in calculating that period, no account is to be taken of any time during which the Parliament is dissolved or during which it is in recess for more than four days.

2Government of Wales Act 2006

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—

8

The Welsh Ministers have no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

8A

But subsection (8) does not apply—

a

so far as the modification would be within the Assembly’s legislative competence if it were included in an Act of the Assembly, or

b

to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

8B

No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

8C

A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—

a

the Assembly has made a consent decision in relation to the laying of the draft, or

b

the 40 day period has ended without the Assembly having made such a decision.

8D

For the purposes of subsection (8C) a consent decision is—

a

a decision to agree a motion consenting to the laying of the draft,

b

a decision not to agree a motion consenting to the laying of the draft, or

c

a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

8E

In subsection (8C)—

“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.

8F

A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—

a

provide a copy of the draft to the Welsh Ministers, and

b

inform the Presiding Officer that a copy has been so provided.

8G

See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the Assembly).

8H

No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.

8I

Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).

8J

Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

8K

Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.

8L

The restriction in subsection (8) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

3Northern Ireland Act 1998

In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—

a

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

b

after subsection (2) insert—

3

A Minister or Northern Ireland department has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

4

But subsection (3) does not apply—

a

so far as the modification would be within the legislative competence of the Assembly if it were included in an Act of the Assembly, or

b

to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

5

A Minister of the Crown must not lay for approval before each House of the Parliament a draft of a statutory instrument containing regulations under subsection (3) unless—

a

the Assembly has made a consent decision in relation to the laying of the draft, or

b

the 40 day period has ended without the Assembly having made such a decision.

6

For the purposes of subsection (5) a consent decision is—

a

a decision to agree a motion consenting to the laying of the draft,

b

a decision not to agree a motion consenting to the laying of the draft, or

c

a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

7

A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (5) must—

a

provide a copy of the draft to the relevant Northern Ireland department, and

b

inform the Presiding Officer that a copy has been so provided.

8

See also section 96A (duty to make explanatory statement about regulations under subsection (3) including a duty to explain any decision to lay a draft without the consent of the Assembly).

9

No regulations may be made under subsection (3) after the end of the period of two years beginning with exit day.

10

Subsection (9) does not affect the continuation in force of regulations made under subsection (3) at or before the end of the period mentioned in subsection (9).

11

Any regulations under subsection (3) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

12

Subsections (5) to (10) do not apply in relation to regulations which only relate to a revocation of a specification.

13

Regulations under subsection (3) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.

14

The restriction in subsection (3) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a Minister or Northern Ireland department to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.

15

In this section—

“the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate;

“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the relevant Northern Ireland department,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.

Part 2Reports in connection with retained EU law restrictions4Reports on progress towards removing retained EU law restrictions1

After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report which—

a

contains details of any steps which have been taken in the reporting period by Her Majesty’s Government (whether or not in conjunction with any of the appropriate authorities) towards implementing any arrangements which are to replace any relevant powers or retained EU law restrictions,

b

explains how principles—

i

agreed between Her Majesty’s Government and any of the appropriate authorities, and

ii

relating to implementing any arrangements which are to replace any relevant powers or retained EU law restrictions,

have been taken into account during the reporting period,

c

specifies any relevant regulations, or regulations under section 12(9), which have been made in the reporting period,

d

in relation to any retained EU law restriction which has effect at the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be removed,

e

in relation to any relevant power that has not been repealed before the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be repealed, and

f

contains any other information relating to any relevant powers or retained EU law restrictions, or the arrangements which are to replace them, that the Minister considers appropriate.

2

The first reporting period is the period of three months beginning with the day on which this Act is passed.

3

Each successive period of three months after the first reporting period is a reporting period.

4

A Minister of the Crown must provide a copy of every report laid before Parliament under this paragraph—

a

to the Scottish Ministers,

b

to the Welsh Ministers, and

c

either to the First Minister in Northern Ireland and the deputy First Minister in Northern Ireland or to the relevant Northern Ireland department and its Northern Ireland Minister.

5

In sub-paragraph (4) “the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate.

6

This paragraph ceases to apply when no retained EU law restrictions have effect and all the relevant powers have been repealed.

5Interpretation

In this Part—

“appropriate authority” means—

a

the Scottish Ministers,

b

the Welsh Ministers, or

c

a Northern Ireland devolved authority;

“arrangement” means any enactment or other arrangement (whether or not legally enforceable);

“relevant power” means a power to make regulations conferred by—

a

section 30A or 57(4) of the Scotland Act 1998,

b

section 80(8) or 109A of the Government of Wales Act 2006, or

c

section 6A or 24(3) of the Northern Ireland Act 1998;

“relevant regulations” means regulations made under a relevant power;

“retained EU law restriction” means any restriction which arises by virtue of relevant regulations.

Part 3Other amendments of devolution legislationScotland Act 19986

The Scotland Act 1998 is amended as follows.

7

In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

8

In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—

a

omit “or the European Parliamentary Elections Act 2002”, and

b

omit “, European Parliamentary elections”.

91

Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.

2

In subsection (2)—

a

after paragraph (a) insert “and”, and

b

omit paragraph (c) and the “and” before it.

3

In subsection (3), omit paragraph (b) and the “and” before it.

4

In subsection (5)(a)—

a

omit “or the European Parliamentary Elections Act 2002”, and

b

omit “, European Parliamentary elections”.

10

In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

11

Omit section 34 (ECJ references).

121

Section 36 (stages of Bills) is amended as follows.

2

In subsection (4), omit paragraph (b) but not the “or” at the end of it.

3

In subsection (5)(a), omit “, (b)”.

131

Section 57 (EU law and Convention rights) is amended as follows.

2

In the heading—

a

omit “EU law and”, and

b

after “rights” insert “and retained EU law”.

3

Omit subsection (1).

141

Section 80D (Scottish taxpayers) is amended as follows.

2

In subsection (4)—

a

insert “or” at the end of paragraph (a), and

b

omit paragraph (b) and the “or” at the end of it.

3

In subsection (4B), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

15

In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

161

Section 82 (limits on salaries of members of the Parliament) is amended as follows.

2

In subsection (1)—

a

insert “or” at the end of paragraph (za), and

b

omit paragraph (b) and the “or” before it.

3

In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “(1)(za) or (a)”.

171

Section 106 (power to adapt functions) is amended as follows.

2

In subsection (5), for “an obligation under EU law” substitute “a retained EU obligation”.

3

Omit subsection (7).

18

In section 119 (Consolidated Fund etc.), omit subsection (4).

191

Section 126 (interpretation) is amended as follows.

2

Omit subsection (9).

3

In subsection (10), omit “EU law or”.

20

In section 127 (index of defined expressions), omit the entry for EU law.

211

Schedule 4 (enactments etc. protected from modification) is amended as follows.

2

In paragraph 1(2)—

a

omit paragraph (c), and

b

after paragraph (f) insert

,

g

the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act)

.

3

Omit paragraph 13(1)(a).

22

In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” 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.

231

Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.

2

In the first paragraph (d) for “with EU law” substitute “in breach of the restriction in section 57(4)”.

3

In paragraph (e), omit “or with EU law”.

4

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)”.

241

The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows.

2

After the entry for section 30 insert—

Section 30A

Type C

.

3

After the entry for section 56(2) insert—

Section 57(4)

Type C

.

25

After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—

61

This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.

2

Before the draft is laid, the Minister of the Crown who is to make the instrument—

a

must make a statement explaining the effect of the instrument, and

b

in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—

i

must make a statement explaining why the Minister has decided to lay the draft despite this, and

ii

must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.

3

A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

4

For the purposes of this paragraph, where a 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.

5

This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.

26

In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.

Government of Wales Act 200627

The Government of Wales Act 2006 is amended as follows.

28

In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.

29

In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—

a

omit paragraph (c) but not the “and” at the end of it, and

b

in paragraph (d) omit “, European Parliamentary elections”.

301

Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.

2

In subsection (2)—

a

insert “and” at the end of paragraph (a), and

b

omit paragraph (c) and the “and” before it.

3

In subsection (3), omit paragraph (b) and the “and” before it.

31

In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.

321

Section 21 (limit on salaries of Assembly members) is amended as follows.

2

In subsection (1)—

a

insert “or” at the end of paragraph (za), and

b

omit paragraph (b) and the “or” before it.

3

In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “(1)(za) or (a)”.

33

In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “retained EU obligations”.

34

Omit section 58B (implementation of EU law: general).

351

Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.

2

For the heading substitute “Fees and charges in relation to international law”.

3

Omit subsections (1) to (4).

4

In subsection (5), for “in pursuance of an EU obligation etc” substitute “in pursuance of an international obligation”.

36

In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “Retained”.

371

Section 80 (EU law) is amended as follows.

2

In the heading, before “EU” insert “Retained”.

3

In subsection (1), for “An EU obligation” substitute “A retained EU obligation”.

4

In subsection (2), for “an EU obligation” substitute “a retained EU obligation”.

5

In subsection (3)—

a

for “an EU obligation” substitute “a retained EU obligation”, and

b

for “the EU obligation” substitute “the retained EU obligation”.

6

In subsection (7)—

a

for “an EU obligation” substitute “a retained EU obligation”, and

b

for “the EU obligation” substitute “the retained EU obligation”.

7

In subsection (9), leave out “and (8)” and insert “, (8) and (8L)”.

38

In section 111 (proceedings on Bills)—

a

in subsection (6), omit paragraph (b) but not the “or” at the end of it, and

b

in subsection (7)(a), omit “, (b)”.

39

Omit section 113 (ECJ references).

40

In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

411

Section 116E (Welsh taxpayers) is amended as follows.

2

In subsection (4)—

a

insert “or” at the end of paragraph (a), and

b

omit paragraph (b) and the “or” at the end of it.

3

In subsection (6), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

42

In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.

43

After section 157 (orders, regulations and directions) insert—

157ZAExplanatory statements in relation to certain regulations1

This section applies where a draft of a statutory instrument containing regulations under section 80(8) or 109A is to be laid before each House of Parliament.

2

Before the draft is laid, the Minister of the Crown who is to make the instrument—

a

must make a statement explaining the effect of the instrument, and

b

in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—

i

must make a statement explaining why the Minister has decided to lay the draft despite this, and

ii

must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Welsh Ministers giving the opinion of the Welsh Ministers as to why the Assembly has not made that decision.

3

A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

4

For the purposes of this section, where a 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.

5

This section does not apply to a draft of an instrument which only contains regulations under section 80(8) or 109A which only relate to a revocation of a specification.

44

In section 158(1) (interpretation)—

a

omit the definition of “EU law”, and

b

in the definition of “international obligations” omit “EU law or”.

45

In section 159 (index of defined expressions), omit the entry for EU law.

46

In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).

47

In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—

77

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.

48

In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

a

omit the entry for the European Communities Act 1972, and

b

after the entry for the Energy Act 2008 insert—

The European Union (Withdrawal) Act 2018

The whole Act.

49

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).

Northern Ireland Act 199850

The Northern Ireland Act 1998 is amended as follows.

511

Section 7 (entrenched enactments) is amended as follows.

2

In subsection (1)—

a

for “subsection (2)” substitute “subsection (2A)”,

b

omit paragraph (a),

c

omit “and” at the end of paragraph (c), and

d

after paragraph (d) insert

; and

e

the European Union (Withdrawal) Act 2018

.

3

Omit subsection (2).

4

Before subsection (3) insert—

2A

Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—

a

paragraph 1(11) or (12) or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,

b

paragraph 21 of Schedule 8 to that Act, or

c

any regulations made under that Act.

52

Omit section 12 (reconsideration where reference made to ECJ).

53

In section 13 (stages of Bills), omit subsection (5)(b).

54

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.

55

In the heading of section 24 (EU law, Convention rights etc.)—

a

omit “EU law,”, and

b

after “rights” insert “, retained EU law”.

561

Section 27 (quotas for purposes of international etc. obligations) is amended as follows.

2

In subsection (1)(a), for “an obligation under EU law” substitute “a retained EU obligation”.

3

In subsection (2), for “obligation under EU law” substitute “retained EU obligation”.

4

In subsection (4), omit “or an obligation under EU law”.

5

After that subsection insert—

4A

Where an order under subsection (1) is in force in relation to a retained EU obligation, the Minister or Northern Ireland department must (in the exercise of the Minister’s or the department’s functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.

57

After section 96(4) (orders and regulations) insert—

4A

Regulations under section 6A or 24(3)—

a

shall be made by statutory instrument, and

b

shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

58

After section 96 (orders and regulations) insert—

96AExplanatory statements in relation to certain regulations1

This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.

2

Before the draft is laid, the Minister of the Crown who is to make the instrument—

a

must make a statement explaining the effect of the instrument, and

b

in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—

i

must make a statement explaining why the Minister has decided to lay the draft despite this, and

ii

must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by a relevant Minister giving the opinion of the relevant Minister as to why the Assembly has not made that decision.

3

A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

4

For the purposes of this section, where a 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.

5

In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.

6

This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.

59

In section 98(1) (interpretation)—

a

omit the definition of “EU law”, and

b

in the definition of “international obligations” omit “EU law or”.

601

Schedule 2 (excepted matters) is amended as follows.

2

In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “and obligations under the Human Rights Convention”.

3

In paragraph 12(1), omit “, the European Parliament”.

61

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”.

62

In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.

SCHEDULE 4

Section 14(1)

Powers in connection with fees and chargesPart 1Charging in connection with certain new functions1Power to provide for fees or charges1

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—

a

section 8 or Part 1 of Schedule 2 (powers to deal with deficiencies arising from withdrawal), or

b

section 9 or Part 2 of Schedule 2 (powers to implement the withdrawal agreement).

2

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.

3

Regulations under this paragraph may (among other things)—

a

prescribe the fees or charges or make provision as to how they are to be determined;

b

provide for the recovery or disposal of any sums payable under the regulations;

c

confer power on the public authority to make, by subordinate legislation, any provision that the appropriate authority may make under this paragraph in relation to the relevant function.

2Meaning of “appropriate authority”1

A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1.

2

The Scottish Ministers are an “appropriate authority” for the purposes of paragraph 1

a

if the Scottish Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,

b

if the relevant function is a function of the Scottish Ministers, the First Minister or the Lord Advocate, or

c

if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law).

3

The Welsh Ministers are an “appropriate authority” for the purposes of paragraph 1

a

if the Welsh Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,

b

if the relevant function is a function of the Welsh Ministers, or

c

if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the National Assembly for Wales, would be within the legislative competence of that 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 consent of a Minister of the Crown).

4

A Northern Ireland department is an “appropriate authority” for the purposes of paragraph 1

a

if a Northern Ireland department (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,

b

if the relevant function is a function of a Northern Ireland devolved authority, or

c

if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Northern Ireland Assembly—

i

would be within the legislative competence of that Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and

ii

would not require the consent of the Secretary of State.

3Requirements for consent1

A Minister of the Crown may only make regulations under paragraph 1 with the consent of the Treasury.

2

A devolved authority may only make regulations under paragraph 1 with the consent of a Minister of the Crown if—

a

the relevant function is a function of a Minister of the Crown, or

b

the public authority that has the relevant function—

i

in the case of the Scottish Ministers, has any functions that can be exercised otherwise than in or as regards Scotland,

ii

in the case of the Welsh Ministers, has any functions that can be exercised otherwise than in relation to Wales or the Welsh zone, or

iii

in the case of a Northern Ireland department, has any functions that can be exercised otherwise than in or as regards Northern Ireland and is not an implementation body.

3

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).

4Minister of the Crown power in relation to devolved authorities

A Minister of the Crown may by regulations—

a

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;

b

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;

c

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.

5Time limit for making certain provision1

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.

2

After the end of that period, regulations may be made under paragraph 1 for the purposes of—

a

revoking any provision made under that paragraph,

b

altering the amount of any of the fees or charges that are to be charged under any provision made under that paragraph,

c

altering how any of the fees or charges that are to be charged under any provision made under that paragraph are to be determined, or

d

otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under any provision made under that paragraph.

3

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).

6Relationship to other powers

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.

Part 2Modifying pre-exit fees or charges7Power to modify pre-exit fees or charges1

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—

a

was made under section 2(2) of the European Communities Act 1972, section 56 of the Finance Act 1973 or this Part, and

b

forms part of retained EU law.

2

Any appropriate authority may by regulations make provision (“the proposed modification”) modifying the subordinate legislation for the purposes of—

a

revoking the charging provision,

b

altering the amount of any of the fees or charges that are to be charged,

c

altering how any of the fees or charges are to be determined, or

d

otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under the charging provision.

8Meaning of “appropriate authority”

In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—

a

under section 2(2) of the European Communities Act 1972 immediately before the repeal of that section by section 1, or

b

under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph 17 of Schedule 8.

9Restriction on exercise of power1

Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.

2

In sub-paragraph (1) “1972 Act provision” means—

a

provision that is made under section 2(2) of the European Communities Act 1972 and not under section 56 of the Finance Act 1973, including such provision as modified under this Part, or

b

provision that is made under this Part and is incidental to, or supplements or replaces, provision within paragraph (a).

10Requirement for consent

If a Minister of the Crown—

a

is an appropriate authority, and

b

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,

the Minister may only make that modification under this Part with the consent of the Treasury.

11Relationship to other powers

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.

SCHEDULE 5

Section 15(1) and (2)

Publication and rules of evidencePart 1Publication of retained direct EU legislation etc.1Things that must or may be published1

The Queen’s Printer must make arrangements for the publication of—

a

each relevant instrument that has been published before exit day by an EU entity, and

b

the relevant international agreements.

2

In this paragraph—

“relevant instrument” means—

a

an EU regulation,

b

an EU decision, and

c

EU tertiary legislation;

“relevant international agreements” means—

a

the Treaty on European Union,

b

the Treaty on the Functioning of the European Union,

c

the Euratom Treaty, and

d

the EEA agreement.

3

The Queen’s Printer may make arrangements for the publication of—

a

any decision of, or expression of opinion by, the European Court, or

b

any other document published by an EU entity.

4

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.

5

This paragraph does not require the publication of—

a

anything repealed before exit day, or

b

any modifications made on or after exit day.

2Exceptions from duty to publish1

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.

2

An exception is created by giving a direction to the Queen’s Printer specifying the instrument or category of instruments that are excepted.

3

A Minister of the Crown must publish any direction under this paragraph.

4

In this paragraph—

“instrument” includes part of an instrument;

“relevant instrument” has the meaning given by paragraph 1(2).

Part 2Rules of evidence3Questions as to meaning of EU law1

Where it is necessary, for the purpose of interpreting retained EU law in legal proceedings, to decide a question as to—

a

the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or

b

the validity, meaning or effect in EU law of any EU instrument,

the question is to be treated for that purpose as a question of law.

2

In this paragraph—

“interpreting retained EU law” means deciding any question as to the validity, meaning or effect of any retained EU law;

“treaty” includes—

a

any international agreement, and

b

any protocol or annex to a treaty or international agreement.

4Power to make provision about judicial notice and admissibility1

A Minister of the Crown may by regulations—

a

make provision enabling or requiring judicial notice to be taken of a relevant matter, or

b

provide for the admissibility in any legal proceedings of specified evidence of—

i

a relevant matter, or

ii

instruments or documents issued by or in the custody of an EU entity.

2

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).

3

Regulations under this paragraph may modify any provision made by or under an enactment.

4

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.

5

For the purposes of this paragraph each of the following is a “relevant matter”—

a

retained EU law,

b

EU law,

c

the EEA agreement, and

d

anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) or (c).

SCHEDULE 6

Section 20(1)

Instruments which are exempt EU instruments1EU decisions1

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.

2

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”.

3

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.

2EU regulations

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.

3EU tertiary legislation

EU tertiary legislation is “an exempt EU instrument” so far as it is made under—

a

an EU decision or EU regulation which is an exempt EU instrument, or

b

an EU directive so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day.

4Interpretation

The following are “relevant Protocols” for the purposes of this Schedule—

a

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);

b

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);

c

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;

d

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);

e

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);

f

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).

SCHEDULE 7

Section 22

RegulationsPart 1Scrutiny of powers to deal with deficiencies1Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone1

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.

2

Provision falls within this sub-paragraph if it—

a

provides for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,

b

relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,

c

creates, or widens the scope of, a criminal offence, or

d

creates or amends a power to legislate.

3

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.

4

See paragraph 3 for restrictions on the choice of procedure under sub-paragraph (3).

5

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.

6

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)).

7

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).

8

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.

9

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.

10

See paragraph 4 for restrictions on the choice of procedure under sub-paragraph (9).

11

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.

12

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.

13

This paragraph—

a

does not apply to regulations to which paragraph 2 applies, and

b

is subject to paragraphs 5 to 8.

2Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly1

This paragraph applies to regulations under Part 1 of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

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.

3

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.

4

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.

5

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.

6

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.

7

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).

8

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).

9

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).

10

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.

11

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.

12

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.

13

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.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

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.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) and (15) apply in place of provision made by any other enactment about the effect of such a resolution.

3Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown1

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.

2

The Minister may not make the instrument so that it is subject to that procedure unless—

a

condition 1 is met, and

b

either condition 2 or 3 is met.

3

Condition 1 is that a Minister of the Crown—

a

has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

has laid before each House of Parliament—

i

a draft of the instrument, and

ii

a memorandum setting out the statement and the reasons for the Minister’s opinion.

4

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.

5

Condition 3 is that the relevant period has ended without condition 2 being met.

6

Sub-paragraph (7) applies if—

a

a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

b

the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

c

the Minister who is to make the instrument is nevertheless 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.

7

Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

8

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.

9

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.

10

In this paragraph “the relevant period” means the period—

a

beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and

b

ending with whichever of the following is the later—

i

the end of the period of 10 Commons sitting days beginning with that first day, and

ii

the end of the period of 10 Lords sitting days beginning with that first day.

11

For the purposes of sub-paragraph (10)

a

where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

b

“Commons sitting day” means a day on which the House of Commons is sitting, and

c

“Lords sitting day” means a day on which the House of Lords is sitting,

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.

12

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).

13

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.

4Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers1

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.

2

The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

a

condition 1 is met, and

b

either condition 2 or 3 is met.

3

Condition 1 is that the Welsh Ministers—

a

have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and

b

have laid before the Assembly—

i

a draft of the instrument, and

ii

a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.

4

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.

5

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).

6

In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is—

a

dissolved, or

b

in recess for more than four days.

7

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).

8

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.

9

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).

5Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown1

Sub-paragraph (2) applies to—

a

a statutory instrument to which paragraph 1(1) applies, or

b

a statutory instrument to which paragraph 1(3) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

2

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.

3

After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

4

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.

5

In calculating the period of 28 days, no account is to be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

either House of Parliament is adjourned for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

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.

8

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.

Scrutiny procedure in certain urgent deficiencies cases: devolved authorities61

This paragraph applies to—

a

regulations to which paragraph 1(6) applies, or

b

regulations to which paragraph 1(7) applies which would not otherwise be made without being subject to the affirmative procedure.

2

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.

3

After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament.

4

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.

5

In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is—

a

dissolved, or

b

in recess for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

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)).

71

Sub-paragraph (2) applies to—

a

a statutory instrument to which paragraph 1(8) applies, or

b

a statutory instrument to which paragraph 1(9) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales.

2

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.

3

After an instrument is made in accordance with sub-paragraph (2), it must be laid before the National Assembly for Wales.

4

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.

5

In calculating the period of 28 days, no account is to be taken of any time during which the National Assembly for Wales is—

a

dissolved, or

b

in recess for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

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.

8

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.

9

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)).

81

This paragraph applies to—

a

regulations to which paragraph 1(11) applies, or

b

regulations to which paragraph 1(12) applies which would not otherwise be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly.

2

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.

3

After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly.

4

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.

5

In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is—

a

dissolved,

b

in recess for more than four days, or

c

adjourned for more than six days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

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)).

Part 2Scrutiny of other powers under Act9Power to enable challenges to validity of retained EU law1

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.

2

This paragraph is subject to paragraph 19.

10Power to implement withdrawal agreement1

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.

2

Provision falls within this sub-paragraph if it—

a

provides for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,

b

relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,

c

creates, or widens the scope of, a criminal offence, or

d

creates or amends a power to legislate.

3

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.

4

See paragraph 17 for restrictions on the choice of procedure under sub-paragraph (3).

5

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.

6

This paragraph is subject to paragraph 19.

11Power to repeal provisions relating to retained EU law restrictions

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.

12Powers in connection with fees and charges1

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.

2

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.

3

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.

4

This paragraph is subject to paragraph 19.

13Power to make provision about judicial notice and admissibility

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.

14Power to amend the definition of “exit day”

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.

15Power to make consequential provision1

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.

2

See paragraph 17 for restrictions on the choice of procedure under sub-paragraph (1).

16Power to make transitional, transitory or saving provision1

Sub-paragraph (2) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that—

a

it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and

b

it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph (2).

2

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.

3

Sub-paragraph (4) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that—

a

it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and

b

it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph (4).

4

The statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

17Parliamentary committee to sift certain implementation or consequential regulations of a Minister of the Crown1

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.

2

The Minister may not make the instrument so that it is subject to that procedure unless—

a

condition 1 is met, and

b

either condition 2 or 3 is met.

3

Condition 1 is that a Minister of the Crown—

a

has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and

b

has laid before each House of Parliament—

i

a draft of the instrument, and

ii

a memorandum setting out the statement and the reasons for the Minister’s opinion.

4

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.

5

Condition 3 is that the relevant period has ended without condition 2 being met.

6

Sub-paragraph (7) applies if—

a

a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,

b

the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and

c

the Minister who is to make the instrument is nevertheless 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.

7

Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.

8

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.

9

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.

10

In this paragraph “the relevant period” means the period—

a

beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House of Parliament as mentioned in sub-paragraph (3)(b)(i), and

b

ending with whichever of the following is the later—

i

the end of the period of 10 Commons sitting days beginning with that first day, and

ii

the end of the period of 10 Lords sitting days beginning with that first day.

11

For the purposes of sub-paragraph (10)

a

where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,

b

“Commons sitting day” means a day on which the House of Commons is sitting, and

c

“Lords sitting day” means a day on which the House of Lords is sitting,

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.

12

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).

13

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.

18Committee of the National Assembly for Wales to sift certain implementation regulations of Welsh Ministers

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—

a

the references to paragraph 1(9) were references to paragraph 1(9) as applied by paragraph 10(5),

b

the reference to paragraph 7 were a reference to that paragraph as applied by paragraph 19(7), and

c

paragraph 4(9) were omitted.

19Scrutiny procedure for certain powers to which this Part applies in urgent cases1

Sub-paragraph (2) applies to—

a

a statutory instrument to which paragraph 9(1), 10(1) or 12(1) applies, or

b

a statutory instrument to which paragraph 10(3), 12(2) or 15 applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

2

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.

3

After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.

4

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.

5

In calculating the period of 28 days, no account is to be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

either House of Parliament is adjourned for more than four days.

6

If regulations cease to have effect as a result of sub-paragraph (4), that does not—

a

affect the validity of anything previously done under the regulations, or

b

prevent the making of new regulations.

7

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—

a

the references to paragraphs 1(6), (7), (8), (9), (10) or (11) were references to those provisions as applied by paragraph 10(5),

b

the reference in paragraph 7(8) to paragraph 4 were a reference to that paragraph as applied by paragraph 18, and

c

paragraphs 6(7), 7(9) and 8(7) were omitted.

8

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.

9

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.

Part 3General provision about powers under ActScope and nature of powers: general201

Any power to make regulations under this Act—

a

so far as exercisable by a Minister of the Crown or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,

b

so far as exercisable by the Welsh Ministers or by the Welsh Ministers acting jointly with a Minister of the Crown, is exercisable by statutory instrument, and

c

so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).

2

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).

21

Any power to make regulations under this Act—

a

may be exercised so as to—

i

modify retained EU law, or

ii

make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and

b

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).

22

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.

23Scope of consequential and transitional powers1

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.

2

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.

3

The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with—

a

the repeal of any enactment contained in the European Communities Act 1972, or

b

the withdrawal of the United Kingdom from the EU,

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.

4

The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which—

a

is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—

i

the repeal of any enactment contained in the European Communities Act 1972, or

ii

the withdrawal of the United Kingdom from the EU, and

b

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.

5

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.

24Anticipatory exercise of powers in relation to retained EU law

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.

25Scope of appointed day powers

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.

26Effect of certain provisions in Schedule 8 on scope of powers

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.

27Disapplication of certain review provisions

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.

Explanatory statements for certain powers: appropriateness, equalities etc.281

This paragraph applies where—

a

a statutory instrument containing regulations under section 8(1), 9 or 23(1) or paragraph 1(2) or 12(2) of Schedule 2, or

b

a draft of such an instrument,

is to be laid before each House of Parliament.

2

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.

3

Before the instrument or draft is laid, the relevant Minister must make a statement as to why, in the Minister’s opinion—

a

there are good reasons for the instrument or draft, and

b

the provision made by the instrument or draft is a reasonable course of action.

4

Before the instrument or draft is laid, the relevant Minister must make a statement—

a

as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and

b

if it does, explaining the effect of each such amendment, repeal or revocation.

5

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.

6

Before the instrument or draft is laid, the relevant Minister must make a statement otherwise explaining—

a

the instrument or draft,

b

its purpose,

c

the law before exit day which is relevant to it, and

d

its effect (if any) on retained EU law.

7

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.

8

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.

9

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.

10

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.

11

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.

12

In this paragraph—

“equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts;

“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument.

291

This paragraph applies where—

a

a Scottish statutory instrument containing regulations under Part 1 or 2 of Schedule 2, or

b

a draft of such an instrument,

is to be laid before the Scottish Parliament.

2

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.

3

Before the instrument or draft is laid, the Scottish Ministers must make a statement as to why, in the Scottish Ministers’ opinion—

a

there are good reasons for the instrument or draft, and

b

the provision made by the instrument or draft is a reasonable course of action.

4

Before the instrument or draft is laid, the Scottish Ministers must make a statement—

a

as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and

b

if it does, explaining the effect of each such amendment, repeal or revocation.

5

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.

6

Before the instrument or draft is laid, the Scottish Ministers must make a statement otherwise explaining—

a

the instrument or draft,

b

its purpose,

c

the law before exit day which is relevant to it, and

d

its effect (if any) on retained EU law.

7

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.

8

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.

9

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.

10

In this paragraph “equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts.

Further explanatory statements in certain sub-delegation cases301

This paragraph applies where—

a

a statutory instrument containing regulations under section 8(1) or 9 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or

b

a draft of such an instrument,

is to be laid before each House of Parliament.

2

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.

3

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.

4

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.

5

Sub-paragraphs (10) and (11) of paragraph 28 apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

6

For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—

a

amending a power to legislate which is exercisable by statutory instrument by a relevant UK authority so that it becomes a relevant sub-delegated power, or

b

providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.

7

In this paragraph—

“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument;

“relevant sub-delegated power” means a power to legislate which—

a

is not exercisable by any of the following—

i

statutory instrument,

ii

Scottish statutory instrument, or

iii

statutory rule, or

b

is so exercisable by a public authority other than a relevant UK authority;

“relevant UK authority” means a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority.

311

This paragraph applies where—

a

a Scottish statutory instrument containing regulations under Part 1 or 2 of Schedule 2 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or

b

a draft of such an instrument,

is to be laid before the Scottish Parliament.

2

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.

3

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.

4

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.

5

For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—

a

amending a power to legislate which is exercisable by Scottish statutory instrument by a member of the Scottish Government so that it becomes a relevant sub-delegated power, or

b

providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.

6

In this paragraph “relevant sub-delegated power” means a power to legislate which—

a

is not exercisable by Scottish statutory instrument, or

b

is so exercisable by a public authority other than a member of the Scottish Government.

Annual reports in certain sub-delegation cases321

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—

a

if the power has been exercised during a relevant year, and

b

as soon as practicable after the end of the year,

prepare a report on how the power has been exercised during the year.

2

The person must—

a

lay the report before each House of Parliament, and

b

once laid—

i

provide a copy of it to a Minister of the Crown, and

ii

publish it in such manner as the person considers appropriate.

3

In this paragraph—

“relevant sub-delegated power” has the same meaning as in paragraph 30;

“relevant year” means—

a

in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and

b

in any other case, the calendar year.

331

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—

a

if the power has been exercised during a relevant year, and

b

as soon as practicable after the end of the year,

prepare a report on how the power has been exercised during the year.

2

The person must—

a

lay the report before the Scottish Parliament, and

b

once laid—

i

send a copy of it to the Scottish Ministers, and

ii

publish it in such manner as the person considers appropriate.

3

In this paragraph—

“relevant sub-delegated power” has the same meaning as in paragraph 31;

“relevant year” means—

a

in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and

b

in any other case, the calendar year.

Further explanatory statements in urgency cases341

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).

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.

3

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.

4

If the Minister—

a

fails to make the statement required by sub-paragraph (2) before the instrument is made, or

b

fails to publish it as required by sub-paragraph (3),

a Minister of the Crown must make a statement explaining the failure.

5

A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.

6

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.

351

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)).

2

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.

3

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.

4

If the Scottish Ministers—

a

fail to make the statement required by sub-paragraph (2) before the regulations are made, or

b

fail to publish it as required by sub-paragraph (3),

they must make a statement explaining the failure.

5

A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.

36Hybrid instruments

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.

37Procedure on re-exercise of certain powers1

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.

2

For the purposes of sub-paragraph (1) in its application to regulations under section 23(6) no procedure is also a procedure.

38Combinations of instruments1

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.

2

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.

3

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).

4

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.

5

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.

6

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.

7

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).

SCHEDULE 8

Section 23(5) and (7)

Consequential, transitional, transitory and saving provisionPart 1General consequential provision1Existing ambulatory references to retained direct EU legislation1

Any reference which, immediately before exit day—

a

exists in—

i

any enactment,

ii

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or

iii

any document relating to anything falling within sub-paragraph (i) or (ii), and

b

is a reference to (as it has effect from time to time) any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3,

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.

2

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—

a

continues to be part of domestic law by virtue of section 2, and

b

is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

3

Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.

2Other existing ambulatory references1

Any reference which—

a

exists, immediately before exit day, in—

i

any enactment,

ii

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or

iii

any document relating to anything falling within sub-paragraph (i) or (ii),

b

is not a reference to which paragraph 1(1) applies, and

c

is, immediately before exit day, a reference to (as it has effect from time to time) any of the EU Treaties, any EU instrument or any other document of an EU entity,

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.

2

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—

a

continues to be part of domestic law by virtue of section 2, and

b

is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

3

Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.

Existing powers to make subordinate legislation etc.31

Any power to make, confirm or approve subordinate legislation which—

a

was conferred before the day on which this Act is passed, and

b

is 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 primary legislation,

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.

2

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.

41

Any subordinate legislation which—

a

is, or is to be, made, confirmed or approved by virtue of paragraph 3, and

b

amends or revokes any retained direct principal EU legislation,

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.

2

Any subordinate legislation which—

a

is, or is to be, made, confirmed or approved by virtue of paragraph 3, and

b

either—

i

modifies (otherwise than as a connected modification and otherwise than by way of amending or revoking it) any retained direct principal EU legislation, or

ii

modifies (otherwise than as a connected modification) anything which is retained EU law by virtue of section 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 amending or repealing an enactment contained in primary legislation.

3

Any subordinate legislation which—

a

is, or is to be, made, confirmed or approved by virtue of paragraph 3, and

b

amends or revokes any retained direct minor EU legislation,

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.

4

Any subordinate legislation which—

a

is, or is to be, made, confirmed or approved by virtue of paragraph 3, and

b

modifies (otherwise than as a connected modification and otherwise than by way of amending or revoking it) any retained direct minor EU legislation,

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.

5

Any subordinate legislation which—

a

is, or is to be, made, confirmed or approved by virtue of paragraph 3, and

b

modifies as a connected modification any retained direct EU legislation or anything which is retained EU law by virtue of section 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 the modification to which it is connected.

6

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

7

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

8

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

a

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

b

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

c

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

d

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

e

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

f

no procedure.

9

The references in this paragraph to 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.

10

In this paragraph “connected modification” means a modification which is supplementary, incidental, consequential, transitional or transitory, or a saving, in connection with—

a

another modification under the power of retained direct EU legislation or anything which is retained EU law by virtue of section 4, or

b

anything else done under the power.

51

This paragraph applies to any power to make, confirm or approve subordinate legislation—

a

which was conferred before the day on which this Act is passed, and

b

is not capable of being exercised as mentioned in paragraph 3(1)(b) or is only capable of being so exercised in relation to Northern Ireland legislation which is an Order in Council.

2

Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) is to be read—

a

so far as is consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and

b

so far as 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 minor EU legislation.

3

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)—

a

any retained direct principal EU legislation, or

b

anything which is retained EU law by virtue of section 4,

so far as the modification is supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation by virtue of sub-paragraph (2).

4

Any power to which this paragraph applies so far as it is a power to make, confirm or approve transitional, transitory or saving provision 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)—

a

any retained direct EU legislation, or

b

anything which is retained EU law by virtue of section 4.

6

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.

7

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.

81

Paragraphs 3 to 7 and this paragraph—

a

do not prevent the conferral of wider powers,

b

do not apply so far as section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or section 24(3) of the Northern Ireland Act 1998 applies (or would apply when in force on and after exit day), and

c

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

2

For the purposes of paragraphs 3 and 5—

a

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

b

a power in retained direct EU legislation is not conferred before the day on which this Act is passed.

3

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

9Review provisions in existing subordinate legislation1

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.

2

In this paragraph—

“former EU obligation” means an obligation by which the United Kingdom is, as a result of the United Kingdom’s withdrawal from the EU, no longer bound at the time of the review;

“pre-exit enactment” means an Act passed, or subordinate legislation made, before exit day;

“subordinate legislation” does not include an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales.

Future powers to make subordinate legislation101

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.

2

Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may—

a

so far as is consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and

b

so far as applicable and unless the contrary intention appears,

be exercised to modify (or, as the case may be, result in the modification of) any retained direct minor EU legislation.

3

Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may, so far as applicable and unless the contrary intention appears, be exercised to modify (or, as the case may be, result in the modification of)—

a

any retained direct principal EU legislation, or

b

anything which is retained EU law by virtue of section 4,

so far as the modification is supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation by virtue of sub-paragraph (2).

4

Any power to which this paragraph applies so far as it is a power to make, confirm or approve transitional, transitory or saving provision may, so far as applicable and unless the contrary intention appears, be exercised to modify (or, as the case may be, result in the modification of)—

a

any retained direct EU legislation, or

b

anything which is retained EU law by virtue of section 4.

111

Sub-paragraph (2) applies to any power to make, confirm or approve subordinate legislation which—

a

is conferred on or after the day on which this Act is passed, and

b

is capable of being exercised to amend or revoke (or, as the case may be, result in the amendment or revocation of) any retained direct principal EU legislation.

2

The power may, so far as applicable and unless the contrary intention appears, be exercised—

a

to modify otherwise than by way of amendment or revocation (or, as the case may be, result in such modification of) any retained direct principal EU legislation, or

b

to modify (or, as the case may be, result in the modification of) anything which is retained EU law by virtue of section 4.

121

Paragraphs 10 and 11 and this paragraph—

a

do not prevent the conferral of wider powers,

b

do not apply so far as section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or section 24(3) of the Northern Ireland Act 1998 applies (or would apply when in force on and after exit day), and

c

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

2

For the purposes of paragraphs 10 and 11—

a

a power is conferred whether or not it is in force,

b

a power in retained direct EU legislation is conferred on or after the day on which this Act is passed, and

c

the references to powers conferred include powers conferred by regulations under this Act (but not powers conferred by this Act).

3

A power which, by virtue of paragraph 10 or 11 or any Act of Parliament passed after, 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.

13Affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the ECA (including subordinate legislation implementing EU directives)1

A statutory instrument which—

a

is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,

b

is not to be made jointly with any person who is not a Minister of the Crown,

c

amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, and

d

would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

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.

3

Any provision which—

a

may be made under the power mentioned in sub-paragraph (1)(a),

b

is not provision which falls within sub-paragraph (1)(c), and

c

is subject to a lower procedure than the procedure provided for by sub-paragraph (1),

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).

4

If a draft of a statutory instrument which—

a

is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,

b

is not to be made jointly with any person who is not a Minister of the Crown,

c

amends or revokes any provision, made otherwise than under section 2(2) of the European Communities Act 1972 (whether or not by way of amendment), of subordinate legislation made under that section, and

d

would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,

is laid before, and approved by a resolution of, each House of Parliament, then the instrument is not subject to the lower procedure.

5

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.

6

For the purposes of this paragraph, the order of procedures is as follows (the highest first)—

a

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

b

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

c

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

d

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

e

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

f

no procedure.

7

For the purposes of this paragraph a power is conferred whether or not it is in force.

8

References in this paragraph, other than in sub-paragraph (4), to subordinate legislation made under section 2(2) of the European Communities Act 1972—

a

do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and

b

do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).

9

This paragraph is subject to any other provision made by or under this Act or any other enactment.

14Enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation under section 2(2) of the ECA (including subordinate legislation implementing EU directives)1

This paragraph applies where, on or after exit day—

a

a statutory instrument which—

i

amends or revokes subordinate legislation made under section 2(2) of the European Communities Act 1972, and

ii

is made under a power conferred before the beginning of the Session in which this Act is passed, or

b

a draft of such an instrument,

is to be laid before each House of Parliament and subject to no procedure before any other legislature.

2

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.

3

The relevant authority must make a scrutiny statement before the instrument or draft is laid.

4

A scrutiny statement is a statement—

a

setting out the steps which the relevant authority has taken to make the draft instrument published in accordance with sub-paragraph (2) available to each House of Parliament,

b

containing information about the relevant authority’s response to—

i

any recommendations made by a committee of either House of Parliament about the published draft instrument, and

ii

any other representations made to the relevant authority about the published draft instrument, and

c

containing any other information that the relevant authority considers appropriate in relation to the scrutiny of the instrument or draft instrument which is to be laid.

5

A scrutiny statement must be in writing and must be published in such manner as the relevant authority considers appropriate.

6

Sub-paragraphs (2) to (5) do not apply if the relevant authority—

a

makes a statement in writing to the effect that the relevant authority is of the opinion that, by reason of urgency, sub-paragraphs (2) to (5) should not apply, and

b

publishes the statement in such manner as the relevant authority considers appropriate.

7

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.

8

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.

9

For the purposes of this paragraph—

a

a power is conferred whether or not it is in force,

b

the draft instrument published under sub-paragraph (2) need not be identical to the final version of the instrument or draft instrument as laid,

c

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, and

d

in calculating the period of 28 days, no account is to be taken of any time during which—

i

Parliament is dissolved or prorogued, or

ii

either House of Parliament is adjourned for more than four days.

10

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.

11

In this paragraph “the relevant authority” means—

a

in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,

b

in the case of any other statutory instrument which is not to be made by a Minister of the Crown, the person who is to make the instrument, and

c

in any other case, the Minister of the Crown who is to make the instrument.

12

This paragraph is subject to any other provision made by or under this Act or any other enactment.

Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA151

This paragraph applies where, on or after exit day—

a

a statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, or

b

a draft of such an instrument,

is to be laid before each House of Parliament or before the House of Commons only.

2

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.

3

Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—

a

the law which is relevant to the amendment or revocation, and

b

the effect of the amendment or revocation on retained EU law.

4

If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid—

a

a Minister of the Crown, or

b

where the relevant authority is not a Minister of the Crown, the relevant authority,

must make a statement explaining why the relevant authority has failed to make the statement as so required.

5

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.

6

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.

7

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).

8

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.

9

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.

10

In this paragraph “the relevant authority” means—

a

in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,

b

in the case of any other statutory instrument which is not made by a Minister of the Crown, the person who makes, or is to make, the instrument, and

c

in any other case, the Minister of the Crown who makes, or is to make, the instrument.

161

This paragraph applies where, on or after exit day—

a

a Scottish statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, or

b

a draft of such an instrument,

is to be laid before the Scottish Parliament.

2

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.

3

Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—

a

the law which is relevant to the amendment or revocation, and

b

the effect of the amendment or revocation on retained EU law.

4

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.

5

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.

6

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).

7

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.

8

In this paragraph “the relevant authority” means—

a

in the case of a Scottish statutory instrument which is not made by the Scottish Ministers, other than an Order in Council, the person who makes, or is to make, the instrument, and

b

in any other case, the Scottish Ministers.

Part 2Specific consequential provision17Finance Act 1973

In section 56 of the Finance Act 1973 (charges for services etc. by Government departments), in subsection (1), omit “any EU obligation or”.

Interpretation Act 197818

The Interpretation Act 1978 is amended as follows.

19

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”.

20

After section 23 (application to other instruments) insert—

23ZARetained direct EU legislation1

The provisions of this Act (except sections 1 to 4, 13 and 19(2)) apply, so far as applicable and unless the contrary intention appears, to any retained direct EU legislation so far as it—

a

is amended by an Act, subordinate legislation or devolution legislation, and

b

is not subordinate legislation,

as they apply to an Act passed at the corresponding time.

2

In their application by virtue of subsection (1)

a

section 10 has effect as if the reference to the passing of the Act were a reference to the corresponding time,

b

section 11 has effect as if the second reference to an Act included a reference to the retained direct EU legislation so far as unamended (as well as a reference to that legislation so far as amended), and

c

section 16(1) has effect as if the reference to the repealing Act not being passed were a reference to the repeal not having been made.

3

References in this Act to the repeal of an enactment are to be read, in the case of an enactment which is retained direct EU legislation, as references to the revocation of the enactment.

4

In Schedule 1—

a

in the definition of “Commencement”, the references to an enactment do not include any retained direct EU legislation other than—

i

any such legislation to which subsection (1) applies, or

ii

any instrument made on or after exit day under any retained direct EU legislation, and

b

in the definitions of “The Corporation Tax Acts” and “The Income Tax Acts”, the references to an enactment do not include any retained direct EU legislation.

5

For the application of this Act to retained direct EU legislation which is subordinate legislation, see section 23(1) and (2).

6

In this section—

“corresponding time” means the time when the amending Act, subordinate legislation or devolution legislation was passed or (as the case may be) made, and

“devolution legislation” means—

a

an Act of the Scottish Parliament,

b

a Measure or Act of the National Assembly for Wales,

c

Northern Ireland legislation (for the meaning of which see section 24(5)), or

d

an instrument made under anything falling within paragraph (a), (b) or (c).

21

In section 24 (application to Northern Ireland), in subsection (4)—

a

omit “and related expressions”,

b

after “Corporation Tax Acts;” insert—

E.C.S.C. Treaty;

E.E.C. Treaty;

,

c

after “state;” insert—

Entry date;

The EU or the European Union;

EU institution;

EU instrument;

Euratom, Economic Community and Coal and Steel Community;

Euratom Treaty;

European Court;

,

d

after “Income Tax Acts;” insert—

Member (in the expression “member State”);

, and

e

after “The Tax Acts” insert

;

The Treaties or the EU Treaties

.

22

In Schedule 1 (words and expressions defined)—

a

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.”,

b

omit the definition of “EEA agreement”,

c

omit the definition of “EEA state”,

d

in the definition of “enactment”, before “does” insert “includes any retained direct EU legislation but”, and

e

at the end insert—

Definitions relating to the EU and the United Kingdom’s withdrawal

“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct EU legislation. [8 January 2007]

EEA state”, in relation to a time, means—

a

a state which at that time is a member State, or

b

any other state which at that time is a party to the EEA agreement. [8 January 2007]

“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

“The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

EU institution” means any institution of the EU.

EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation.

“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

“European Court” means the Court of Justice of the European Union.

“Exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

“Member”, in the expression “member State”, refers to membership of the EU.

“Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act).

“Retained EU obligation” means an obligation that—

a

was created or arose by or under the EU Treaties before exit day, and

b

forms part of retained EU law,

as modified from time to time.

“The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day.

European Economic Area Act 199323

The European Economic Area Act 1993 is amended as follows.

24

Omit section 1 (EEA agreement to be an EU Treaty).

251

Section 2 (consistent application of law to the whole of the EEA) is amended as follows.

2

In subsection (3)—

a

in paragraph (a), after “Act” insert “as at immediately before exit day”, and

b

omit paragraph (b), the “or” before that paragraph and the words after that paragraph.

3

After that subsection insert—

3A

This section is subject to any amendment, repeal, revocation or other modification of retained EU law on or after exit day.

4

Omit subsections (4) to (6).

261

Section 3 (general implementation of the EEA agreement) is amended as follows.

2

In subsection (3)—

a

in paragraph (a), after “Act” insert “as at immediately before exit day”, and

b

omit paragraph (b), the “or” before that paragraph and the words after that paragraph.

3

After subsection (4) insert—

4A

This section is subject to any amendment, repeal, revocation or other modification of retained EU law on or after exit day.

27

Omit section 4 (modification of section 3 of the European Communities Act 1972).

28

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)”.

29Criminal Procedure (Scotland) Act 19951

Section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings) is amended as follows.

2

In subsection (2)—

a

in paragraph (a)(ii), for “incompatible with EU law” substitute “made unlawful by section 57(4) of the Scotland Act 1998 (restriction on subordinate legislation modifying retained EU law)”, and

b

in paragraph (b), for “with EU law” substitute “in breach of the restriction in section 30A(1) of the Scotland Act 1998 (restriction on the modification of retained EU law)”.

3

In subsection (3), omit paragraph (c).

30Human Rights Act 19981

This paragraph has effect for the purposes of the Human Rights Act 1998.

2

Any retained direct principal EU legislation is to be treated as primary legislation.

3

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.

4

In this paragraph “amend”, “primary legislation” and “subordinate legislation” have the same meaning as in the Human Rights Act 1998.

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)31

The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.

321

Section 1 (application of Part 1 of the Act) is amended as follows.

2

In subsection (1)—

a

in paragraph (b), after “day” insert “, in the case of Scottish instruments made as mentioned in paragraph (a) or (b) of the definition of “Scottish instrument” in subsection (4),”, and

b

after paragraph (b) (but before the “and” at the end of that paragraph) insert—

ba

Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (c) or (d) of the definition of “Scottish instrument” in subsection (4),

.

3

In subsection (4)—

a

omit the “or” at the end of paragraph (a), and

b

after paragraph (b) insert—

c

an Act of the Scottish Parliament (whenever passed) and any retained direct EU legislation (whenever made), or

d

an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct EU legislation (whenever made).

4

After subsection (9) insert—

10

In this section “exit day” (and related expressions) and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

33

In section 30 (other instruments laid before the Scottish Parliament), after subsection (6), insert—

7

This section does not apply in relation to any regulations made in accordance with paragraph 6 of Schedule 7 to the European Union (Withdrawal) Act 2018 (including that paragraph as applied by paragraph 19(7) of that Schedule).

34

In section 37 (interpretation of Part 2 of the Act)—

a

in the definition of “enactment”, at the end insert “and any retained direct EU legislation”,

b

after that definition insert—

“retained direct EU legislation” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act),

, and

c

at the end insert—

“subordinate legislation” includes an instrument made or to be made under any retained direct EU legislation on or after exit day (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act)).

35

In Schedule 1 (definitions of words and expressions)—

a

omit from “the EU” to “meanings given by that Act”, and

b

at the end insert—

Definitions relating to the EU

“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.

“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.

“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.

“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).

“The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.

EU institution” means any institution of the EU.

EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act)).

“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).

“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.

“European Court” means the Court of Justice of the European Union.

“Member”, in the expression “member State”, refers to membership of the EU.

“The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day (within the meaning of that Act (see section 20(1) to (5) of that Act)).

36Small Business, Enterprise and Employment Act 2015

In section 30 of the Small Business, Enterprise and Employment Act 2015 (meaning of “provision for review”), in subsection (3)—

a

omit “EU obligation or any other”, and

b

omit “Member States or”.

Part 3General transitional, transitory or saving provision37Continuation of existing acts etc.1

Anything done—

a

in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

if in force or effective immediately before exit day, continues to be in force or effective on and after exit day.

2

Anything done—

a

in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

which, immediately before exit day, is in the process of being done continues to be done on and after exit day.

3

Sub-paragraphs (1) and (2) are subject to—

a

section 1 and the withdrawal of the United Kingdom from the EU,

b

sections 2 to 6 and Schedule 1,

c

any provision made under section 23(6), and

d

any other provision made by or under this Act or any other enactment.

4

References in this paragraph to anything done include references to anything omitted to be done.

Part 4Specific transitional, transitory and saving provisionRetention of existing EU law38

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).

391

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).

2

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.

3

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.

4

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.

5

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—

a

the proceedings involve a challenge to anything which occurred before exit day, and

b

the challenge is not for the disapplication or quashing of—

i

an Act of Parliament or a rule of law which is not an enactment, or

ii

any enactment, or anything else, not falling within sub-paragraph (i) which, as a result of anything falling within that sub-paragraph, could not have been different or which gives effect to, or enforces, anything falling within that sub-paragraph.

6

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.

7

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.

40Main powers in connection with withdrawal

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).

Devolution411

The amendments made by section 12 and Part 1 of Schedule 3 do not affect the validity of—

a

any provision of an Act of the Scottish Parliament, Act of the National Assembly for Wales or Act of the Northern Ireland Assembly made before exit day,

b

any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before exit day, or

c

any other subordinate legislation made before exit day.

2

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.

3

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—

a

comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and

b

is made when there are no regulations under section 30A of the Scotland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision were made and the regulations were in force at that time.

4

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—

a

comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and

b

is made when there are no regulations under section 109A of the Government of Wales Act 2006 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision were made and the regulations were in force at that time.

5

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—

a

comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and

b

is made when there are no regulations under section 6A of the Northern Ireland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision were made and the regulations were in force at that time.

6

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—

a

comes into force on or after exit day, and

b

is made, confirmed or approved when there are no regulations under subsection (4) of section 57 of the Scotland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—

i

the making, confirming or approving had occurred at that time,

ii

in the case of legislation confirmed or approved, the legislation was made at that time, and

iii

the regulations were in force at that time.

7

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—

a

comes into force on or after exit day, and

b

is made, confirmed or approved when there are no regulations under subsection (8) of section 80 of the Government of Wales Act 2006 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection, so far as relating to retained EU law, when the legislation comes into force if—

i

the making, confirming or approving had occurred at that time,

ii

in the case of legislation confirmed or approved, the legislation was made at that time, and

iii

the regulations were in force at that time.

8

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—

a

comes into force on or after exit day, and

b

is made, confirmed or approved when there are no regulations under subsection (3) of section 24 of the Northern Ireland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—

i

the making, confirming or approving had occurred at that time,

ii

in the case of legislation confirmed or approved, the legislation was made at that time, and

iii

the regulations were in force at that time.

9

For the purposes of sub-paragraphs (3) to (8) assume that the restrictions relating to retained EU law in—

a

sections 30A(1) and 57(4) of the Scotland Act 1998,

b

sections 80(8) and 109A(1) of the Government of Wales Act 2006, and

c

sections 6A(1) and 24(3) of the Northern Ireland Act 1998,

come into force on exit day.

10

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.

42

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.

43

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—

a

section 30A(3) or 57(6) of the Scotland Act 1998,

b

section 80(8C) or 109A(4) of the Government of Wales Act 2006, or

c

section 6A(3) or 24(5) of the Northern Ireland Act 1998,

as a consent decision made, or (as the case may be) the commencement of that period, on or after that day.

Other provision441

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”.

2

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.

451

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.

2

Sub-paragraph (3) applies where—

a

immediately before the amendment made by paragraph 17 comes into force, the payment of fees or other charges could be required, under section 56 of the Finance Act 1973, in connection with the provision of a service or facilities, or issuing an authorisation, certificate or other document, in pursuance of an EU obligation, and

b

after the amendment made by paragraph 17 comes into force—

i

regulations made under that section (whether or not modified under Part 2 of Schedule 4 or otherwise) prescribing the fees or charges, or under which the fees or charges are to be determined, form part of retained EU law, and

ii

the service or facilities are provided, or the authorisation, certificate or other document is issued, under or in connection with retained EU law.

3

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.

SCHEDULE 9

Section 23(8)

Additional repeals

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.

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<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect Modified="2024-10-10T11:37:49Z" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" URI="http://www.legislation.gov.uk/id/effect/key-bc9a03d7963945f27a8dfd108ccd3a78" AffectingClass="UnitedKingdomPublicGeneralAct" AffectedProvisions="s. 6(4)(b)(i)" EffectId="key-bc9a03d7963945f27a8dfd108ccd3a78" AffectedNumber="16" Row="73" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" Type="words omitted" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" RequiresApplied="true" AffectingYear="2023" AffectedYear="2018" AffectedClass="UnitedKingdomPublicGeneralAct" AffectingProvisions="s. 6(2)(a)(i)" AffectingNumber="28">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-4-b-i" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/4/b/i">s. 6(4)(b)(i)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-2-a-i" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/2/a/i">s. 6(2)(a)(i)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect RequiresApplied="true" AffectingNumber="28" Row="74" AffectingYear="2023" AffectedNumber="16" AffectingClass="UnitedKingdomPublicGeneralAct" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" Comments="on a new line" AffectedProvisions="s. 6(4)(b)(ii)" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" Modified="2024-10-10T11:37:49Z" AffectedClass="UnitedKingdomPublicGeneralAct" Type="words inserted" URI="http://www.legislation.gov.uk/id/effect/key-15215f456557ef9d07e372d1393df16f" EffectId="key-15215f456557ef9d07e372d1393df16f" AffectedYear="2018" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectingProvisions="s. 6(2)(a)(ii)">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-4-b-ii" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/4/b/ii">s. 6(4)(b)(ii)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-2-a-ii" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/2/a/ii">s. 6(2)(a)(ii)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" AffectingProvisions="s. 6(2)(b)" Type="substituted" AffectingClass="UnitedKingdomPublicGeneralAct" Row="76" EffectId="key-f49c0dc0e4cf81c46fb934f4bec3dd9f" AffectedYear="2018" AffectingYear="2023" URI="http://www.legislation.gov.uk/id/effect/key-f49c0dc0e4cf81c46fb934f4bec3dd9f" RequiresApplied="true" AffectedNumber="16" AffectingNumber="28" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectedProvisions="s. 6(4)(ba)" AffectedClass="UnitedKingdomPublicGeneralAct" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" Modified="2024-10-10T11:37:49Z">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-4-ba" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/4/ba">s. 6(4)(ba)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-2-b" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/2/b">s. 6(2)(b)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingYear="2023" Row="78" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectingProvisions="s. 6(3)" EffectId="key-04b3d24c555f7f63d3e438c9d7fade6d" Modified="2024-10-10T11:37:49Z" AffectedNumber="16" AffectingClass="UnitedKingdomPublicGeneralAct" URI="http://www.legislation.gov.uk/id/effect/key-04b3d24c555f7f63d3e438c9d7fade6d" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" Type="substituted" AffectedClass="UnitedKingdomPublicGeneralAct" AffectedProvisions="s. 6(5)" AffectedYear="2018" AffectingNumber="28" RequiresApplied="true">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-5" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/5">s. 6(5)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/3">s. 6(3)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingClass="UnitedKingdomPublicGeneralAct" Type="omitted" AffectedProvisions="s. 6(5A)-(5D)" AffectingProvisions="s. 6(5)" URI="http://www.legislation.gov.uk/id/effect/key-6debe4cb3c1c2ab87183746aa87f09a3" EffectId="key-6debe4cb3c1c2ab87183746aa87f09a3" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" AffectingYear="2023" Row="80" Modified="2024-10-10T11:37:49Z" RequiresApplied="true" AffectedNumber="16" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" AffectedClass="UnitedKingdomPublicGeneralAct" AffectedYear="2018" AffectingNumber="28">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:SectionRange Start="section-6-5A" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/5A" End="section-6-5D" UpTo="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/5D">
<ukm:Section Ref="section-6-5A" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/5A">s. 6(5A)</ukm:Section>
-
<ukm:Section Ref="section-6-5D" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/5D">(5D)</ukm:Section>
</ukm:SectionRange>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-5" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/5">s. 6(5)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect RequiresApplied="true" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" Type="inserted" AffectedProvisions="s. 6(5ZA)" EffectId="key-19972f021fe703946c5c64aba78c74de" AffectingClass="UnitedKingdomPublicGeneralAct" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectedYear="2018" Modified="2024-10-10T11:37:49Z" URI="http://www.legislation.gov.uk/id/effect/key-19972f021fe703946c5c64aba78c74de" AffectingYear="2023" Row="81" AffectedNumber="16" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" AffectingNumber="28" AffectingProvisions="s. 6(4)" AffectedClass="UnitedKingdomPublicGeneralAct">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-5ZA" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/5ZA" FoundRef="section-6">s. 6(5ZA)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-4" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/4">s. 6(4)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingClass="UnitedKingdomPublicGeneralAct" AffectingYear="2023" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" Type="inserted" AffectedProvisions="s. 6(6B)" EffectId="key-5070cf496ab35d91ac48c3a75920c871" URI="http://www.legislation.gov.uk/id/effect/key-5070cf496ab35d91ac48c3a75920c871" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectedYear="2018" Modified="2024-10-10T11:37:49Z" RequiresApplied="true" AffectedNumber="16" Row="84" AffectingProvisions="s. 6(6)" AffectedClass="UnitedKingdomPublicGeneralAct" AffectingNumber="28">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-6B" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/6B" FoundRef="section-6">s. 6(6B)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-6" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/6">s. 6(6)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingProvisions="s. 6(7)" AffectingClass="UnitedKingdomPublicGeneralAct" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" AffectedProvisions="s. 6(7)" AffectingNumber="28" Row="87" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" URI="http://www.legislation.gov.uk/id/effect/key-e98f6f6be18287221c6a95cdc4da9b4e" AffectedYear="2018" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectingYear="2023" Modified="2024-10-10T11:37:49Z" RequiresApplied="true" AffectedClass="UnitedKingdomPublicGeneralAct" EffectId="key-e98f6f6be18287221c6a95cdc4da9b4e" AffectedNumber="16" Type="words inserted">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section Ref="section-6-7" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6/7">s. 6(7)</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-7" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/7">s. 6(7)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectedYear="2018" AffectedProvisions="s. 6A-6C" AffectingNumber="28" Type="inserted" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" Modified="2024-10-10T11:37:49Z" Row="90" EffectId="key-7babd1ca62a528e0cb28a7f73f50823b" AffectedClass="UnitedKingdomPublicGeneralAct" AffectingYear="2023" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" AffectedNumber="16" URI="http://www.legislation.gov.uk/id/effect/key-7babd1ca62a528e0cb28a7f73f50823b" AffectingProvisions="s. 6(8)" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" AffectingClass="UnitedKingdomPublicGeneralAct" RequiresApplied="true">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:SectionRange xmlns:err="http://www.legislation.gov.uk/namespaces/error" Start="section-6A" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6A" err:Start="Section missing in legislation" MissingStart="true" End="section-6C" UpTo="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6C" err:End="Section missing in legislation" MissingEnd="true" Missing="true">
<ukm:Section Ref="section-6A" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6A" err:Ref="Section missing in legislation" Missing="true">s. 6A</ukm:Section>
-
<ukm:Section Ref="section-6C" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6C" err:Ref="Section missing in legislation" Missing="true">6C</ukm:Section>
</ukm:SectionRange>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="section-6-8" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/6/8">s. 6(8)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingClass="UnitedKingdomPublicGeneralAct" Comments="The insertion of ss. 6A-6C is still prospective. So although this amendment is in force at 1.1.2024 by virtue of S.I. 2023/1363, reg. 3(e), it cannot be applied yet. CER editor: please check conditional commencements diary and when insertion commenced add info in Appended Commentary field to IFCO fields - RLH, 10/10/2024" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" URI="http://www.legislation.gov.uk/id/effect/key-adbe97598ed00a942ecd1179ec4ee39f" EffectId="key-adbe97598ed00a942ecd1179ec4ee39f" AffectingYear="2023" AffectedClass="UnitedKingdomPublicGeneralAct" AffectingNumber="28" AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" Row="91" AppendedCommentary="S.I. 2023/1363, reg. 3(e)" AffectedNumber="16" AffectedYear="2018" AffectedProvisions="s. 6A" AffectingProvisions="Sch. 2 para. 8(4)" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" Modified="2024-10-10T11:50:57Z" RequiresApplied="true" Type="word substituted">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section xmlns:err="http://www.legislation.gov.uk/namespaces/error" Ref="section-6A" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6A" err:Ref="Section missing in legislation" Missing="true">s. 6A</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="schedule-2" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/schedule/2">Sch. 2 </ukm:Section>
<ukm:Section Ref="schedule-2-paragraph-8-4" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/schedule/2/paragraph/8/4">para. 8(4)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:Savings>
<ukm:Section Ref="section-22-6" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/6">s. 22(6)</ukm:Section>
</ukm:Savings>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
</ukm:InForceDates>
</ukm:UnappliedEffect>
<ukm:UnappliedEffect AffectingURI="http://www.legislation.gov.uk/id/ukpga/2023/28" AffectingYear="2023" Comments="The insertion of ss. 6A-6C is still prospective. So although this amendment is in force at 1.1.2024 by virtue of S.I. 2023/1363, reg. 3(e), it cannot be applied yet. CER editor: please check conditional commencements diary and when insertion commenced add info in Appended Commentary field to IFCO fields - RLH, 10/10/2024" AffectedClass="UnitedKingdomPublicGeneralAct" AffectedYear="2018" AffectingClass="UnitedKingdomPublicGeneralAct" Type="word substituted" EffectId="key-2311510babd6f19630bb7ef314e6c568" AffectedURI="http://www.legislation.gov.uk/id/ukpga/2018/16" AffectedNumber="16" AffectingProvisions="Sch. 2 para. 8(5)" AppendedCommentary="S.I. 2023/1363, reg. 3(e)" AffectingEffectsExtent="S+A+M+E+A+S+A+F+F+E+C+T+E+D" Modified="2024-10-10T11:50:57Z" RequiresApplied="true" Row="92" AffectingNumber="28" AffectedProvisions="s. 6B" URI="http://www.legislation.gov.uk/id/effect/key-2311510babd6f19630bb7ef314e6c568">
<ukm:AffectedTitle>European Union (Withdrawal) Act 2018</ukm:AffectedTitle>
<ukm:AffectedProvisions>
<ukm:Section xmlns:err="http://www.legislation.gov.uk/namespaces/error" Ref="section-6B" URI="http://www.legislation.gov.uk/id/ukpga/2018/16/section/6B" err:Ref="Section missing in legislation" Missing="true">s. 6B</ukm:Section>
</ukm:AffectedProvisions>
<ukm:AffectingTitle>Retained EU Law (Revocation and Reform) Act 2023</ukm:AffectingTitle>
<ukm:AffectingProvisions>
<ukm:Section Ref="schedule-2" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/schedule/2">Sch. 2 </ukm:Section>
<ukm:Section Ref="schedule-2-paragraph-8-5" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/schedule/2/paragraph/8/5">para. 8(5)</ukm:Section>
</ukm:AffectingProvisions>
<ukm:Savings>
<ukm:Section Ref="section-22-6" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/6">s. 22(6)</ukm:Section>
</ukm:Savings>
<ukm:CommencementAuthority>
<ukm:Section Ref="section-22-3" URI="http://www.legislation.gov.uk/id/ukpga/2023/28/section/22/3">s. 22(3)</ukm:Section>
</ukm:CommencementAuthority>
<ukm:InForceDates>
<ukm:InForce Applied="false" Prospective="true" Qualification=""/>
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<hcontainer name="schedules" eId="d4e399">
<heading>SCHEDULES</heading>
<hcontainer name="schedule" eId="schedule-1">
<num>
SCHEDULE 1
<authorialNote class="referenceNote" placement="right">
<p>Section 5(6)</p>
</authorialNote>
</num>
<heading>Further provision about exceptions to savings and incorporation</heading>
<paragraph eId="schedule-1-paragraph-1">
<num>1</num>
<heading>
Challenges to validity of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law
</heading>
<subparagraph eId="schedule-1-paragraph-1-1">
<num>1</num>
<content>
<p>
There is no right in domestic law on or after exit day to challenge any retained
<abbr class="Acronym" title="European Union">EU</abbr>
law on the basis that, immediately before exit day, an
<abbr class="Acronym" title="European Union">EU</abbr>
instrument was invalid.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-1-2">
<num>2</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-1-paragraph-1-1">(1)</a>
does not apply so far as—
</p>
</intro>
<paragraph eId="schedule-1-paragraph-1-2-a">
<num>a</num>
<content>
<p>the European Court has decided before exit day that the instrument is invalid, or</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-1-2-b">
<num>b</num>
<content>
<p>the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-1-3">
<num>3</num>
<content>
<p>
Regulations under sub-paragraph
<a href="#schedule-1-paragraph-1-2-b">(2)(b)</a>
may (among other things) provide for a challenge which would otherwise have been against an
<abbr class="Acronym" title="European Union">EU</abbr>
institution to be against a public authority in the United Kingdom.
</p>
</content>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e466">
<heading>
General principles of
<abbr class="Acronym" title="European Union">EU</abbr>
law
</heading>
<paragraph eId="schedule-1-paragraph-2">
<num>2</num>
<content>
<p>
No general principle of
<abbr class="Acronym" title="European Union">EU</abbr>
law is part of domestic law on or after exit day if it was not recognised as a general principle of
<abbr class="Acronym" title="European Union">EU</abbr>
law by the European Court in a case decided before exit day (whether or not as an essential part of the decision in the case).
</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-3">
<num>3</num>
<subparagraph eId="schedule-1-paragraph-3-1">
<num>1</num>
<content>
<p>
There is no right of action in domestic law on or after exit day based on a failure to comply with any of the general principles of
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-3-2">
<num>2</num>
<intro>
<p>No court or tribunal or other public authority may, on or after exit day—</p>
</intro>
<paragraph eId="schedule-1-paragraph-3-2-a">
<num>a</num>
<content>
<p>disapply or quash any enactment or other rule of law, or</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-3-2-b">
<num>b</num>
<content>
<p>quash any conduct or otherwise decide that it is unlawful,</p>
</content>
</paragraph>
<wrapUp>
<p>
because it is incompatible with any of the general principles of
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</wrapUp>
</subparagraph>
</paragraph>
</hcontainer>
<paragraph eId="schedule-1-paragraph-4">
<num>4</num>
<heading>Rule in Francovich</heading>
<content>
<p>
There is no right in domestic law on or after exit day to damages in accordance with the rule in
<em>Francovich</em>
.
</p>
</content>
</paragraph>
<paragraph eId="schedule-1-paragraph-5">
<num>5</num>
<heading>Interpretation</heading>
<subparagraph eId="schedule-1-paragraph-5-1">
<num>1</num>
<content>
<p>
References in section 5 and this Schedule to the principle of the supremacy of
<abbr class="Acronym" title="European Union">EU</abbr>
law, the Charter of Fundamental Rights, any general principle of
<abbr class="Acronym" title="European Union">EU</abbr>
law or the rule in
<em>Francovich</em>
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 exit day in accordance with this Act.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-1-paragraph-5-2">
<num>2</num>
<content>
<p>
Accordingly (among other things) the references to the principle of the supremacy of
<abbr class="Acronym" title="European Union">EU</abbr>
law in section 5
<a href="#section-5-2">(2)</a>
and
<a href="#section-5-3">(3)</a>
do not include anything which would bring into domestic law any modification of
<abbr class="Acronym" title="European Union">EU</abbr>
law which is adopted or notified, comes into force or only applies on or after exit day.
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="schedule" eId="schedule-2">
<num>
SCHEDULE 2
<authorialNote class="referenceNote" placement="right">
<p>Section 11</p>
</authorialNote>
</num>
<heading>Corresponding powers involving devolved authorities</heading>
<part eId="schedule-2-part-1">
<num>Part 1</num>
<heading>Dealing with deficiencies arising from withdrawal</heading>
<paragraph eId="schedule-2-paragraph-1">
<num>1</num>
<heading>Power to deal with deficiencies</heading>
<subparagraph eId="schedule-2-paragraph-1-1">
<num>1</num>
<intro>
<p>A devolved authority may by regulations make such provision as the devolved authority considers appropriate to prevent, remedy or mitigate—</p>
</intro>
<paragraph eId="schedule-2-paragraph-1-1-a">
<num>a</num>
<content>
<p>
any failure of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law to operate effectively, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-1-1-b">
<num>b</num>
<content>
<p>
any other deficiency in retained
<abbr class="Acronym" title="European Union">EU</abbr>
law,
</p>
</content>
</paragraph>
<wrapUp>
<p>arising from the withdrawal of the United Kingdom from the EU.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-1-2">
<num>2</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-2-paragraph-1-2-a">
<num>a</num>
<content>
<p>
any failure of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law to operate effectively, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-1-2-b">
<num>b</num>
<content>
<p>
any other deficiency in retained
<abbr class="Acronym" title="European Union">EU</abbr>
law,
</p>
</content>
</paragraph>
<wrapUp>
<p>arising from the withdrawal of the United Kingdom from the EU.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-1-3">
<num>3</num>
<content>
<p>
Section 8
<a href="#section-8-2">(2)</a>
to
<a href="#section-8-9">(9)</a>
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
<a href="#section-8-2">(2)</a>
and
<a href="#section-8-3">(3)</a>
(but not the reference to a Minister of the Crown in section 8
<a href="#section-8-3-b">(3)(b)</a>
) 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
<a href="#section-8-1">(1)</a>
being read as references to sub-paragraph
<a href="#schedule-2-paragraph-1-1">(1)</a>
or
<a href="#schedule-2-paragraph-1-2">(2)</a>
above).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-1-4">
<num>4</num>
<content>
<p>
Regulations under sub-paragraph
<a href="#schedule-2-paragraph-1-1">(1)</a>
above are subject to paragraphs
<a href="#schedule-2-paragraph-2">2</a>
to
<a href="#schedule-2-paragraph-7">7</a>
.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-2">
<num>2</num>
<heading>No power to make provision outside devolved competence</heading>
<subparagraph eId="schedule-2-paragraph-2-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-2-2">
<num>2</num>
<content>
<p>
See paragraphs
<a href="#schedule-2-paragraph-8">8</a>
to
<a href="#schedule-2-paragraph-11">11</a>
for the meaning of “devolved competence” for the purposes of this Part.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-3">
<num>3</num>
<heading>
No power to modify retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or confer certain functions
</heading>
<subparagraph eId="schedule-2-paragraph-3-1">
<num>1</num>
<intro>
<p>No provision may be made by the Scottish Ministers acting alone in regulations under this Part so far as the provision—</p>
</intro>
<paragraph eId="schedule-2-paragraph-3-1-a">
<num>a</num>
<content>
<p>
modifies any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or confers functions which correspond to functions to make
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-3-1-b">
<num>b</num>
<intro>
<p>would, when made, be in breach of—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-3-1-b-i">
<num>i</num>
<content>
<p>the restriction in section 30A(1) of the Scotland Act 1998 if the provision were made in an Act of the Scottish Parliament, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-1-b-ii">
<num>ii</num>
<content>
<p>the restriction in section 57(4) of the Act of 1998 if section 57(5)(b) of that Act so far as relating to this Schedule were ignored.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-2">
<num>2</num>
<intro>
<p>No provision may be made by the Welsh Ministers acting alone in regulations under this Part so far as the provision—</p>
</intro>
<paragraph eId="schedule-2-paragraph-3-2-a">
<num>a</num>
<content>
<p>
modifies any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or confers functions which correspond to functions to make
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-3-2-b">
<num>b</num>
<intro>
<p>would, when made, be in breach of—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-3-2-b-i">
<num>i</num>
<content>
<p>the restriction in section 80(8) of the Government of Wales Act 2006 if section 80(8A)(b) of that Act so far as relating to this Schedule were ignored, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-2-b-ii">
<num>ii</num>
<content>
<p>the restriction in section 109A(1) of that Act if the provision were made in an Act of the National Assembly for Wales.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-3">
<num>3</num>
<intro>
<p>No provision may be made by a Northern Ireland department acting alone in regulations under this Part so far as the provision—</p>
</intro>
<paragraph eId="schedule-2-paragraph-3-3-a">
<num>a</num>
<content>
<p>
modifies any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or confers functions which correspond to functions to make
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-3-3-b">
<num>b</num>
<intro>
<p>would, when made, be in breach of—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-3-3-b-i">
<num>i</num>
<content>
<p>the restriction in section 6A(1) of the Northern Ireland Act 1998 if the provision were made in an Act of the Northern Ireland Assembly, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-3-b-ii">
<num>ii</num>
<content>
<p>the restriction in section 24(3) of the Act of 1998 if section 24(4)(b) of that Act so far as relating to this Schedule were ignored.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-4">
<num>4</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-2-paragraph-3-4-a">
<num>a</num>
<content>
<p>
is a modification of any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4,
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-3-4-b">
<num>b</num>
<content>
<p>is made by this Act or a Minister of the Crown under this Act, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-3-4-c">
<num>c</num>
<content>
<p>
could not be made by the devolved authority by virtue of sub-paragraph
<a href="#schedule-2-paragraph-3-1">(1)</a>
,
<a href="#schedule-2-paragraph-3-2">(2)</a>
or (as the case may be)
<a href="#schedule-2-paragraph-3-3">(3)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-5">
<num>5</num>
<content>
<p>
For the purposes of sub-paragraphs
<a href="#schedule-2-paragraph-3-1-b">(1)(b)</a>
,
<a href="#schedule-2-paragraph-3-2-b">(2)(b)</a>
and
<a href="#schedule-2-paragraph-3-3-b">(3)(b)</a>
, 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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-3-6">
<num>6</num>
<content>
<p>
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
<a href="#schedule-3-paragraph-2">2</a>
of Schedule 3 to this Act.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-4">
<num>4</num>
<heading>Requirement for consultation in certain circumstances</heading>
<intro>
<p>No regulations may be made under this Part by a devolved authority acting alone so far as the regulations—</p>
</intro>
<paragraph eId="schedule-2-paragraph-4-a">
<num>a</num>
<content>
<p>are to come into force before exit day, or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-4-b">
<num>b</num>
<content>
<p>
remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 8
<a href="#section-8-2-c">(2)(c)</a>
or
<a href="#section-8-2-e">(e)</a>
,
</p>
</content>
</paragraph>
<wrapUp>
<p>unless the regulations are, to that extent, made after consulting with the Secretary of State.</p>
</wrapUp>
</paragraph>
<paragraph eId="schedule-2-paragraph-5">
<num>5</num>
<heading>Requirement for consent where it would otherwise be required</heading>
<subparagraph eId="schedule-2-paragraph-5-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-5-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-5-3">
<num>3</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-2-paragraph-5-1">(1)</a>
or
<a href="#schedule-2-paragraph-5-2">(2)</a>
does not apply if—
</p>
</intro>
<paragraph eId="schedule-2-paragraph-5-3-a">
<num>a</num>
<content>
<p>the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-5-3-b">
<num>b</num>
<content>
<p>no such consent would be required in that case.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-5-4">
<num>4</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-2-paragraph-5-4-a">
<num>a</num>
<content>
<p>subordinate legislation made otherwise than under this Act by the devolved authority, or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-5-4-b">
<num>b</num>
<content>
<p>
subordinate legislation not falling within paragraph
<a href="#schedule-2-paragraph-5-4-a">(a)</a>
and made otherwise than under this Act by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,
</p>
</content>
</paragraph>
<wrapUp>
<p>would require the consent of a Minister of the Crown.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-5-5">
<num>5</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-2-paragraph-5-4">(4)</a>
does not apply if—
</p>
</intro>
<paragraph eId="schedule-2-paragraph-5-5-a">
<num>a</num>
<intro>
<p>the provision could be contained in—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-5-5-a-i">
<num>i</num>
<content>
<p>an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-5-5-a-ii">
<num>ii</num>
<content>
<p>
different subordinate legislation of the kind mentioned in sub-paragraph
<a href="#schedule-2-paragraph-5-4-a">(4)(a)</a>
or
<a href="#schedule-2-paragraph-5-4-b">(b)</a>
and of a devolved authority acting alone or (as the case may be) other person acting alone, and
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-5-5-b">
<num>b</num>
<content>
<p>no such consent would be required in that case.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-6">
<num>6</num>
<heading>Requirement for joint exercise where it would otherwise be required</heading>
<subparagraph eId="schedule-2-paragraph-6-1">
<num>1</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-2-paragraph-6-1-a">
<num>a</num>
<content>
<p>the Scottish Ministers acting jointly with a Minister of the Crown, or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-6-1-b">
<num>b</num>
<content>
<p>the First Minister or Lord Advocate acting jointly with a Minister of the Crown,</p>
</content>
</paragraph>
<wrapUp>
<p>unless the regulations are, to that extent, made jointly with the Minister of the Crown.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-6-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-6-3">
<num>3</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-2-paragraph-6-3-a">
<num>a</num>
<content>
<p>a Northern Ireland department acting jointly with a Minister of the Crown, or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-6-3-b">
<num>b</num>
<content>
<p>another Northern Ireland devolved authority acting jointly with a Minister of the Crown,</p>
</content>
</paragraph>
<wrapUp>
<p>unless the regulations are, to that extent, made jointly with the Minister of the Crown.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-6-4">
<num>4</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-2-paragraph-6-1">(1)</a>
,
<a href="#schedule-2-paragraph-6-2">(2)</a>
or
<a href="#schedule-2-paragraph-6-3">(3)</a>
does not apply if the provision could be contained in—
</p>
</intro>
<paragraph eId="schedule-2-paragraph-6-4-a">
<num>a</num>
<content>
<p>an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-6-4-b">
<num>b</num>
<intro>
<p>different subordinate legislation made otherwise than under this Act by—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-6-4-b-i">
<num>i</num>
<content>
<p>the Scottish Ministers, the First Minister or the Lord Advocate acting alone,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-6-4-b-ii">
<num>ii</num>
<content>
<p>the Welsh Ministers acting alone, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-6-4-b-iii">
<num>iii</num>
<content>
<p>(as the case may be), a Northern Ireland devolved authority acting alone.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-7">
<num>7</num>
<heading>Requirement for consultation where it would otherwise be required</heading>
<subparagraph eId="schedule-2-paragraph-7-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-3">
<num>3</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-5">
<num>5</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-2-paragraph-7-2">(2)</a>
,
<a href="#schedule-2-paragraph-7-3">(3)</a>
or
<a href="#schedule-2-paragraph-7-4">(4)</a>
does not apply if—
</p>
</intro>
<paragraph eId="schedule-2-paragraph-7-5-a">
<num>a</num>
<content>
<p>the provision could be contained in an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-7-5-b">
<num>b</num>
<content>
<p>there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-6">
<num>6</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-2-paragraph-7-2">(2)</a>
,
<a href="#schedule-2-paragraph-7-3">(3)</a>
or
<a href="#schedule-2-paragraph-7-4">(4)</a>
does not apply if—
</p>
</intro>
<paragraph eId="schedule-2-paragraph-7-6-a">
<num>a</num>
<intro>
<p>the provision could be contained in different subordinate legislation made otherwise than under this Act by—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-7-6-a-i">
<num>i</num>
<content>
<p>the Scottish Ministers, the First Minister or the Lord Advocate acting alone,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-6-a-ii">
<num>ii</num>
<content>
<p>the Welsh Ministers acting alone, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-7-6-a-iii">
<num>iii</num>
<content>
<p>(as the case may be), a Northern Ireland devolved authority acting alone, and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-7-6-b">
<num>b</num>
<content>
<p>there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e1241">
<heading>Meaning of devolved competence: Part 1</heading>
<paragraph eId="schedule-2-paragraph-8">
<num>8</num>
<subparagraph eId="schedule-2-paragraph-8-1">
<num>1</num>
<intro>
<p>A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—</p>
</intro>
<paragraph eId="schedule-2-paragraph-8-1-a">
<num>a</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law), or
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-8-1-b">
<num>b</num>
<content>
<p>
it meets the conditions in sub-paragraph
<a href="#schedule-2-paragraph-8-2">(2)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-8-2">
<num>2</num>
<intro>
<p>The conditions are—</p>
</intro>
<paragraph eId="schedule-2-paragraph-8-2-a">
<num>a</num>
<intro>
<p>the provision—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-8-2-a-i">
<num>i</num>
<content>
<p>amends or revokes subordinate legislation made before exit day by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-8-2-a-ii">
<num>ii</num>
<content>
<p>makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-8-2-b">
<num>b</num>
<content>
<p>the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-8-2-c">
<num>c</num>
<content>
<p>the provision only forms part of the law of Scotland,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-8-2-d">
<num>d</num>
<content>
<p>the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-8-2-e">
<num>e</num>
<content>
<p>the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-9">
<num>9</num>
<subparagraph eId="schedule-2-paragraph-9-1">
<num>1</num>
<intro>
<p>A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—</p>
</intro>
<paragraph eId="schedule-2-paragraph-9-1-a">
<num>a</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law but including any provision that could be made only with the consent of a Minister of the Crown), or
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-9-1-b">
<num>b</num>
<content>
<p>
it meets the conditions in sub-paragraph
<a href="#schedule-2-paragraph-9-2">(2)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-9-2">
<num>2</num>
<intro>
<p>The conditions are—</p>
</intro>
<paragraph eId="schedule-2-paragraph-9-2-a">
<num>a</num>
<intro>
<p>the provision—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-9-2-a-i">
<num>i</num>
<content>
<p>amends or revokes subordinate legislation made before exit day by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-9-2-a-ii">
<num>ii</num>
<content>
<p>makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-9-2-b">
<num>b</num>
<content>
<p>the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-9-2-c">
<num>c</num>
<content>
<p>the provision only forms part of the law of England and Wales,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-9-2-d">
<num>d</num>
<content>
<p>the provision does not confer or remove functions exercisable otherwise than in relation to Wales or the Welsh zone, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-9-2-e">
<num>e</num>
<content>
<p>the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 5, 6 or 7 of Schedule 7B to the Government of Wales Act 2006, be modified by an Act of the National Assembly for Wales.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-10">
<num>10</num>
<subparagraph eId="schedule-2-paragraph-10-1">
<num>1</num>
<intro>
<p>A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—</p>
</intro>
<paragraph eId="schedule-2-paragraph-10-1-a">
<num>a</num>
<intro>
<p>the provision, if it were contained in an Act of the Northern Ireland Assembly—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-10-1-a-i">
<num>i</num>
<content>
<p>would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-10-1-a-ii">
<num>ii</num>
<content>
<p>would not require the consent of the Secretary of State,</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-1-b">
<num>b</num>
<intro>
<p>the provision—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-10-1-b-i">
<num>i</num>
<content>
<p>amends or repeals Northern Ireland legislation, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-10-1-b-ii">
<num>ii</num>
<content>
<p>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</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-1-c">
<num>c</num>
<content>
<p>
the provision meets the conditions in sub-paragraph
<a href="#schedule-2-paragraph-10-2">(2)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-10-2">
<num>2</num>
<intro>
<p>The conditions are—</p>
</intro>
<paragraph eId="schedule-2-paragraph-10-2-a">
<num>a</num>
<intro>
<p>the provision—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-10-2-a-i">
<num>i</num>
<content>
<p>amends or revokes subordinate legislation made before exit day by a Northern Ireland devolved authority acting alone, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-10-2-a-ii">
<num>ii</num>
<content>
<p>makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-2-b">
<num>b</num>
<content>
<p>the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-2-c">
<num>c</num>
<content>
<p>the provision only forms part of the law of Northern Ireland,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-2-d">
<num>d</num>
<content>
<p>the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-2-e">
<num>e</num>
<content>
<p>the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-10-2-f">
<num>f</num>
<content>
<p>the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-11">
<num>11</num>
<content>
<p>
References in paragraphs
<a href="#schedule-2-paragraph-8">8</a>
to
<a href="#schedule-2-paragraph-10">10</a>
, 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.
</p>
</content>
</paragraph>
</hcontainer>
</part>
<part eId="schedule-2-part-2">
<num>Part 2</num>
<heading>Implementing the withdrawal agreement</heading>
<paragraph eId="schedule-2-paragraph-12">
<num>12</num>
<heading>Power to implement withdrawal agreement</heading>
<subparagraph eId="schedule-2-paragraph-12-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-12-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-12-3">
<num>3</num>
<content>
<p>Regulations under this Part may make any provision that could be made by an Act of Parliament.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-12-4">
<num>4</num>
<intro>
<p>But regulations under this Part may not—</p>
</intro>
<paragraph eId="schedule-2-paragraph-12-4-a">
<num>a</num>
<content>
<p>impose or increase taxation or fees,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-12-4-b">
<num>b</num>
<content>
<p>make retrospective provision,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-12-4-c">
<num>c</num>
<content>
<p>create a relevant criminal offence,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-12-4-d">
<num>d</num>
<content>
<p>establish a public authority,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-12-4-e">
<num>e</num>
<content>
<p>modify this Act,</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-12-4-f">
<num>f</num>
<intro>
<p>modify any subordinate legislation made under this Act unless the regulations—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-12-4-f-i">
<num>i</num>
<content>
<p>are modifying any subordinate legislation made by the devolved authority concerned, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-12-4-f-ii">
<num>ii</num>
<content>
<p>are made by a Minister of the Crown acting jointly with a devolved authority, or</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-12-4-g">
<num>g</num>
<content>
<p>amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-12-5">
<num>5</num>
<content>
<p>No regulations may be made under this Part after exit day.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-12-6">
<num>6</num>
<content>
<p>
Regulations under sub-paragraph
<a href="#schedule-2-paragraph-12-1">(1)</a>
are also subject to paragraphs
<a href="#schedule-2-paragraph-13">13</a>
to
<a href="#schedule-2-paragraph-16">16</a>
.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-13">
<num>13</num>
<heading>No power to make provision outside devolved competence</heading>
<subparagraph eId="schedule-2-paragraph-13-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-13-2">
<num>2</num>
<content>
<p>See paragraphs 17 to 19 for the meaning of “devolved competence” for the purposes of this Part.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-14">
<num>14</num>
<heading>
No power to modify retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation
<abbr title="et cetera" xml:lang="la">etc.</abbr>
</heading>
<subparagraph eId="schedule-2-paragraph-14-1">
<num>1</num>
<intro>
<p>No provision may be made by the Scottish Ministers acting alone in regulations under this Part so far as the provision—</p>
</intro>
<paragraph eId="schedule-2-paragraph-14-1-a">
<num>a</num>
<content>
<p>
modifies any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or confers functions which correspond to functions to make
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-14-1-b">
<num>b</num>
<intro>
<p>would, when made, be in breach of—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-14-1-b-i">
<num>i</num>
<content>
<p>the restriction in section 30A(1) of the Scotland Act 1998 if the provision were made in an Act of the Scottish Parliament, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-1-b-ii">
<num>ii</num>
<content>
<p>the restriction in section 57(4) of the Act of 1998 if section 57(5)(b) of that Act so far as relating to this Schedule were ignored.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-2">
<num>2</num>
<intro>
<p>No provision may be made by the Welsh Ministers acting alone in regulations under this Part so far as the provision—</p>
</intro>
<paragraph eId="schedule-2-paragraph-14-2-a">
<num>a</num>
<content>
<p>
modifies any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or confers functions which correspond to functions to make
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-14-2-b">
<num>b</num>
<intro>
<p>would, when made, be in breach of—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-14-2-b-i">
<num>i</num>
<content>
<p>the restriction in section 80(8) of the Government of Wales Act 2006 if section 80(8A)(b) of that Act so far as relating to this Schedule were ignored, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-2-b-ii">
<num>ii</num>
<content>
<p>the restriction in section 109A(1) of that Act if the provision were made in an Act of the National Assembly for Wales.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-3">
<num>3</num>
<intro>
<p>No provision may be made by a Northern Ireland department acting alone in regulations under this Part so far as the provision—</p>
</intro>
<paragraph eId="schedule-2-paragraph-14-3-a">
<num>a</num>
<content>
<p>
modifies any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or confers functions which correspond to functions to make
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-14-3-b">
<num>b</num>
<intro>
<p>would, when made, be in breach of—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-14-3-b-i">
<num>i</num>
<content>
<p>the restriction in section 6A(1) of the Northern Ireland Act 1998 if the provision were made in an Act of the Northern Ireland Assembly, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-3-b-ii">
<num>ii</num>
<content>
<p>the restriction in section 24(3) of the Act of 1998 if section 24(4)(b) of that Act so far as relating to this Schedule were ignored.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-4">
<num>4</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-2-paragraph-14-4-a">
<num>a</num>
<content>
<p>
is a modification of any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4,
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-14-4-b">
<num>b</num>
<content>
<p>is made by this Act or a Minister of the Crown under this Act, and</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-14-4-c">
<num>c</num>
<content>
<p>could not be made by the devolved authority by virtue of sub-paragraph (1), (2) or (as the case may be) (3).</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-5">
<num>5</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-14-6">
<num>6</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-15">
<num>15</num>
<heading>Requirement for consultation in certain circumstances</heading>
<subparagraph eId="schedule-2-paragraph-15-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-15-2">
<num>2</num>
<intro>
<p>
In sub-paragraph
<a href="#schedule-2-paragraph-15-1">(1)</a>
“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—
</p>
</intro>
<paragraph eId="schedule-2-paragraph-15-2-a">
<num>a</num>
<content>
<p>an international obligation, or</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-15-2-b">
<num>b</num>
<content>
<p>any right or other benefit arising from such an obligation,</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-16">
<num>16</num>
<heading>Certain requirements for consent, joint exercise or consultation</heading>
<content>
<p>
Paragraphs
<a href="#schedule-2-paragraph-5">5</a>
to
<a href="#schedule-2-paragraph-7">7</a>
apply for the purposes of this Part as they apply for the purposes of Part 1.
</p>
</content>
</paragraph>
<hcontainer name="P1group" eId="d4e1875">
<heading>
Meaning of devolved competence: Part
<a href="#schedule-2-part-2">2</a>
</heading>
<paragraph eId="schedule-2-paragraph-17">
<num>17</num>
<intro>
<p>A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—</p>
</intro>
<paragraph eId="schedule-2-paragraph-17-a">
<num>a</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law), or
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-17-b">
<num>b</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law and section 57(4) of that Act).
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-18">
<num>18</num>
<intro>
<p>A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—</p>
</intro>
<paragraph eId="schedule-2-paragraph-18-a">
<num>a</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law but including any provision that could be made only with the consent of a Minister of the Crown), or
</p>
</content>
</paragraph>
<paragraph eId="schedule-2-paragraph-18-b">
<num>b</num>
<content>
<p>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).</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-19">
<num>19</num>
<intro>
<p>A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—</p>
</intro>
<paragraph eId="schedule-2-paragraph-19-a">
<num>a</num>
<intro>
<p>the provision, if it were contained in an Act of the Northern Ireland Assembly—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-19-a-i">
<num>i</num>
<content>
<p>would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-19-a-ii">
<num>ii</num>
<content>
<p>would not require the consent of the Secretary of State,</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-19-b">
<num>b</num>
<intro>
<p>the provision—</p>
</intro>
<subparagraph eId="schedule-2-paragraph-19-b-i">
<num>i</num>
<content>
<p>amends or repeals Northern Ireland legislation, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-2-paragraph-19-b-ii">
<num>ii</num>
<content>
<p>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</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-2-paragraph-19-c">
<num>c</num>
<content>
<p>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).</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-3">
<num>
SCHEDULE 3
<authorialNote class="referenceNote" placement="right">
<p>Section 12(7), (8) and (12)</p>
</authorialNote>
</num>
<heading>Further amendments of devolution legislation and reporting requirement</heading>
<part eId="schedule-3-part-1">
<num>Part 1</num>
<heading>Corresponding provision in relation to executive competence</heading>
<paragraph eId="schedule-3-paragraph-1">
<num>1</num>
<heading>Scotland Act 1998</heading>
<intro>
<p>
In section 57 of the Scotland Act 1998 (
<abbr class="Acronym" title="European Union">EU</abbr>
law and Convention rights)—
</p>
</intro>
<paragraph eId="schedule-3-paragraph-1-a">
<num>a</num>
<content>
<p>
in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with
<abbr class="Acronym" title="European Union">EU</abbr>
law) omit “or with
<abbr class="Acronym" title="European Union">EU</abbr>
law”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-1-b">
<num>b</num>
<content>
<p>after subsection (3) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="p00207">
<num>4</num>
<content>
<p>
A member of the Scottish Government has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained
<abbr class="Acronym" title="European Union">EU</abbr>
law and the modification is of a description specified in regulations made by a Minister of the Crown.
</p>
</content>
</subsection>
<subsection eId="d4e2033">
<num>5</num>
<intro>
<p>But subsection (4) does not apply—</p>
</intro>
<paragraph eId="d4e2039">
<num>a</num>
<content>
<p>so far as the modification would be within the legislative competence of the Parliament if it were included in an Act of the Scottish Parliament, or</p>
</content>
</paragraph>
<paragraph eId="d4e2045">
<num>b</num>
<content>
<p>to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2051">
<num>6</num>
<intro>
<p>A Minister of the Crown must not lay for approval before each House of the Parliament of the United Kingdom a draft of a statutory instrument containing regulations under subsection (4) unless—</p>
</intro>
<paragraph eId="d4e2057">
<num>a</num>
<content>
<p>the Scottish Parliament has made a consent decision in relation to the laying of the draft, or</p>
</content>
</paragraph>
<paragraph eId="d4e2063">
<num>b</num>
<content>
<p>the 40 day period has ended without the Parliament having made such a decision.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2069">
<num>7</num>
<intro>
<p>For the purposes of subsection (6) a consent decision is—</p>
</intro>
<paragraph eId="d4e2075">
<num>a</num>
<content>
<p>a decision to agree a motion consenting to the laying of the draft,</p>
</content>
</paragraph>
<paragraph eId="d4e2081">
<num>b</num>
<content>
<p>a decision not to agree a motion consenting to the laying of the draft, or</p>
</content>
</paragraph>
<paragraph eId="d4e2087">
<num>c</num>
<content>
<p>a decision to agree a motion refusing to consent to the laying of the draft;</p>
</content>
</paragraph>
<wrapUp>
<p>and a consent decision is made when the Parliament first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).</p>
</wrapUp>
</subsection>
<subsection eId="d4e2095">
<num>8</num>
<intro>
<p>A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (6) must—</p>
</intro>
<paragraph eId="d4e2101">
<num>a</num>
<content>
<p>provide a copy of the draft to the Scottish Ministers, and</p>
</content>
</paragraph>
<paragraph eId="d4e2107">
<num>b</num>
<content>
<p>inform the Presiding Officer that a copy has been so provided.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2113">
<num>9</num>
<content>
<p>See also paragraph 6 of Schedule 7 (duty to make explanatory statement about regulations under subsection (4) including a duty to explain any decision to lay a draft without the consent of the Parliament).</p>
</content>
</subsection>
<subsection eId="d4e2119">
<num>10</num>
<content>
<p>No regulations may be made under subsection (4) after the end of the period of two years beginning with exit day.</p>
</content>
</subsection>
<subsection eId="d4e2125">
<num>11</num>
<content>
<p>Subsection (10) does not affect the continuation in force of regulations made under subsection (4) at or before the end of the period mentioned in subsection (10).</p>
</content>
</subsection>
<subsection eId="d4e2131">
<num>12</num>
<content>
<p>Any regulations under subsection (4) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.</p>
</content>
</subsection>
<subsection eId="d4e2137">
<num>13</num>
<content>
<p>Subsections (6) to (11) do not apply in relation to regulations which only relate to a revocation of a specification.</p>
</content>
</subsection>
<subsection eId="d4e2143">
<num>14</num>
<content>
<p>
The restriction in subsection (4) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a member of the Scottish Government to make, confirm or approve any subordinate legislation so far as the legislation modifies retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</subsection>
<subsection eId="d4e2153">
<num>15</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Scottish Ministers,</p>
</item>
</blockList>
<p>and, in calculating that period, no account is to be taken of any time during which the Parliament is dissolved or during which it is in recess for more than four days.</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-2">
<num>2</num>
<heading>Government of Wales Act 2006</heading>
<content>
<p>
In section 80 of the Government of Wales Act 2006 (
<abbr class="Acronym" title="European Union">EU</abbr>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law
<abbr title="et cetera" xml:lang="la">etc.</abbr>
) substitute—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="p00209">
<num>8</num>
<content>
<p>
The Welsh Ministers have no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained
<abbr class="Acronym" title="European Union">EU</abbr>
law and the modification is of a description specified in regulations made by a Minister of the Crown.
</p>
</content>
</subsection>
<subsection eId="d4e2194">
<num>8A</num>
<intro>
<p>But subsection (8) does not apply—</p>
</intro>
<paragraph eId="d4e2200">
<num>a</num>
<content>
<p>so far as the modification would be within the Assembly’s legislative competence if it were included in an Act of the Assembly, or</p>
</content>
</paragraph>
<paragraph eId="d4e2206">
<num>b</num>
<content>
<p>to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2212">
<num>8B</num>
<content>
<p>No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.</p>
</content>
</subsection>
<subsection eId="d4e2218">
<num>8C</num>
<intro>
<p>A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—</p>
</intro>
<paragraph eId="d4e2224">
<num>a</num>
<content>
<p>the Assembly has made a consent decision in relation to the laying of the draft, or</p>
</content>
</paragraph>
<paragraph eId="d4e2230">
<num>b</num>
<content>
<p>the 40 day period has ended without the Assembly having made such a decision.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2236">
<num>8D</num>
<intro>
<p>For the purposes of subsection (8C) a consent decision is—</p>
</intro>
<paragraph eId="d4e2242">
<num>a</num>
<content>
<p>a decision to agree a motion consenting to the laying of the draft,</p>
</content>
</paragraph>
<paragraph eId="d4e2248">
<num>b</num>
<content>
<p>a decision not to agree a motion consenting to the laying of the draft, or</p>
</content>
</paragraph>
<paragraph eId="d4e2254">
<num>c</num>
<content>
<p>a decision to agree a motion refusing to consent to the laying of the draft;</p>
</content>
</paragraph>
<wrapUp>
<p>and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).</p>
</wrapUp>
</subsection>
<subsection eId="d4e2262">
<num>8E</num>
<content>
<p>In subsection (8C)—</p>
<blockList class="unordered">
<item>
<p>“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,</p>
</item>
</blockList>
<p>and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.</p>
</content>
</subsection>
<subsection eId="d4e2275">
<num>8F</num>
<intro>
<p>A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—</p>
</intro>
<paragraph eId="d4e2281">
<num>a</num>
<content>
<p>provide a copy of the draft to the Welsh Ministers, and</p>
</content>
</paragraph>
<paragraph eId="d4e2287">
<num>b</num>
<content>
<p>inform the Presiding Officer that a copy has been so provided.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2293">
<num>8G</num>
<content>
<p>See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the Assembly).</p>
</content>
</subsection>
<subsection eId="d4e2299">
<num>8H</num>
<content>
<p>No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.</p>
</content>
</subsection>
<subsection eId="d4e2305">
<num>8I</num>
<content>
<p>Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).</p>
</content>
</subsection>
<subsection eId="d4e2311">
<num>8J</num>
<content>
<p>Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.</p>
</content>
</subsection>
<subsection eId="d4e2318">
<num>8K</num>
<content>
<p>Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.</p>
</content>
</subsection>
<subsection eId="d4e2324">
<num>8L</num>
<content>
<p>
The restriction in subsection (8) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-3">
<num>3</num>
<heading>Northern Ireland Act 1998</heading>
<intro>
<p>
In section 24 of the Northern Ireland Act 1998 (
<abbr class="Acronym" title="European Union">EU</abbr>
law, Convention rights
<abbr title="et cetera" xml:lang="la">etc.</abbr>
)—
</p>
</intro>
<paragraph eId="schedule-3-paragraph-3-a">
<num>a</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law), and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-3-b">
<num>b</num>
<content>
<p>after subsection (2) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="p00210">
<num>3</num>
<content>
<p>
A Minister or Northern Ireland department has no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained
<abbr class="Acronym" title="European Union">EU</abbr>
law and the modification is of a description specified in regulations made by a Minister of the Crown.
</p>
</content>
</subsection>
<subsection eId="d4e2373">
<num>4</num>
<intro>
<p>But subsection (3) does not apply—</p>
</intro>
<paragraph eId="d4e2379">
<num>a</num>
<content>
<p>so far as the modification would be within the legislative competence of the Assembly if it were included in an Act of the Assembly, or</p>
</content>
</paragraph>
<paragraph eId="d4e2385">
<num>b</num>
<content>
<p>to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2391">
<num>5</num>
<intro>
<p>A Minister of the Crown must not lay for approval before each House of the Parliament a draft of a statutory instrument containing regulations under subsection (3) unless—</p>
</intro>
<paragraph eId="d4e2397">
<num>a</num>
<content>
<p>the Assembly has made a consent decision in relation to the laying of the draft, or</p>
</content>
</paragraph>
<paragraph eId="d4e2403">
<num>b</num>
<content>
<p>the 40 day period has ended without the Assembly having made such a decision.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2409">
<num>6</num>
<intro>
<p>For the purposes of subsection (5) a consent decision is—</p>
</intro>
<paragraph eId="d4e2415">
<num>a</num>
<content>
<p>a decision to agree a motion consenting to the laying of the draft,</p>
</content>
</paragraph>
<paragraph eId="d4e2421">
<num>b</num>
<content>
<p>a decision not to agree a motion consenting to the laying of the draft, or</p>
</content>
</paragraph>
<paragraph eId="d4e2427">
<num>c</num>
<content>
<p>a decision to agree a motion refusing to consent to the laying of the draft;</p>
</content>
</paragraph>
<wrapUp>
<p>and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).</p>
</wrapUp>
</subsection>
<subsection eId="d4e2435">
<num>7</num>
<intro>
<p>A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (5) must—</p>
</intro>
<paragraph eId="d4e2441">
<num>a</num>
<content>
<p>provide a copy of the draft to the relevant Northern Ireland department, and</p>
</content>
</paragraph>
<paragraph eId="d4e2447">
<num>b</num>
<content>
<p>inform the Presiding Officer that a copy has been so provided.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e2453">
<num>8</num>
<content>
<p>See also section 96A (duty to make explanatory statement about regulations under subsection (3) including a duty to explain any decision to lay a draft without the consent of the Assembly).</p>
</content>
</subsection>
<subsection eId="d4e2459">
<num>9</num>
<content>
<p>No regulations may be made under subsection (3) after the end of the period of two years beginning with exit day.</p>
</content>
</subsection>
<subsection eId="d4e2465">
<num>10</num>
<content>
<p>Subsection (9) does not affect the continuation in force of regulations made under subsection (3) at or before the end of the period mentioned in subsection (9).</p>
</content>
</subsection>
<subsection eId="d4e2471">
<num>11</num>
<content>
<p>Any regulations under subsection (3) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.</p>
</content>
</subsection>
<subsection eId="d4e2477">
<num>12</num>
<content>
<p>Subsections (5) to (10) do not apply in relation to regulations which only relate to a revocation of a specification.</p>
</content>
</subsection>
<subsection eId="d4e2483">
<num>13</num>
<content>
<p>Regulations under subsection (3) may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.</p>
</content>
</subsection>
<subsection eId="d4e2490">
<num>14</num>
<content>
<p>
The restriction in subsection (3) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of a Minister or Northern Ireland department to make, confirm or approve any subordinate legislation so far as the legislation modifies retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</subsection>
<subsection eId="d4e2499">
<num>15</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate;</p>
</item>
<item>
<p>“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the relevant Northern Ireland department,</p>
</item>
</blockList>
<p>and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</paragraph>
</part>
<part eId="schedule-3-part-2">
<num>Part 2</num>
<heading>
Reports in connection with retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions
</heading>
<paragraph eId="schedule-3-paragraph-4">
<num>4</num>
<heading>
Reports on progress towards removing retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions
</heading>
<subparagraph eId="schedule-3-paragraph-4-1">
<num>1</num>
<intro>
<p>After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report which—</p>
</intro>
<paragraph eId="schedule-3-paragraph-4-1-a">
<num>a</num>
<content>
<p>
contains details of any steps which have been taken in the reporting period by Her Majesty’s Government (whether or not in conjunction with any of the appropriate authorities) towards implementing any arrangements which are to replace any relevant powers or retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions,
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-1-b">
<num>b</num>
<intro>
<p>explains how principles—</p>
</intro>
<subparagraph eId="schedule-3-paragraph-4-1-b-i">
<num>i</num>
<content>
<p>agreed between Her Majesty’s Government and any of the appropriate authorities, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-4-1-b-ii">
<num>ii</num>
<content>
<p>
relating to implementing any arrangements which are to replace any relevant powers or retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions,
</p>
</content>
</subparagraph>
<wrapUp>
<p>have been taken into account during the reporting period,</p>
</wrapUp>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-1-c">
<num>c</num>
<content>
<p>
specifies any relevant regulations, or regulations under section 12
<a href="#section-12-9">(9)</a>
, which have been made in the reporting period,
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-1-d">
<num>d</num>
<content>
<p>
in relation to any retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restriction which has effect at the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be removed,
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-1-e">
<num>e</num>
<content>
<p>in relation to any relevant power that has not been repealed before the end of the reporting period, sets out the Minister’s assessment of the progress which still needs to be made before it can be repealed, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-1-f">
<num>f</num>
<content>
<p>
contains any other information relating to any relevant powers or retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions, or the arrangements which are to replace them, that the Minister considers appropriate.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-4-2">
<num>2</num>
<content>
<p>The first reporting period is the period of three months beginning with the day on which this Act is passed.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-4-3">
<num>3</num>
<content>
<p>Each successive period of three months after the first reporting period is a reporting period.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-4-4">
<num>4</num>
<intro>
<p>A Minister of the Crown must provide a copy of every report laid before Parliament under this paragraph—</p>
</intro>
<paragraph eId="schedule-3-paragraph-4-4-a">
<num>a</num>
<content>
<p>to the Scottish Ministers,</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-4-b">
<num>b</num>
<content>
<p>to the Welsh Ministers, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-4-4-c">
<num>c</num>
<content>
<p>either to the First Minister in Northern Ireland and the deputy First Minister in Northern Ireland or to the relevant Northern Ireland department and its Northern Ireland Minister.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-4-5">
<num>5</num>
<content>
<p>
In sub-paragraph
<a href="#schedule-3-paragraph-4-4">(4)</a>
“the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-4-6">
<num>6</num>
<content>
<p>
This paragraph ceases to apply when no retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions have effect and all the relevant powers have been repealed.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-5">
<num>5</num>
<heading>Interpretation</heading>
<content>
<p>In this Part—</p>
<blockList class="unordered">
<item>
<p>“appropriate authority” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>the Scottish Ministers,</p>
</item>
<item>
<num>b</num>
<p>the Welsh Ministers, or</p>
</item>
<item>
<num>c</num>
<p>a Northern Ireland devolved authority;</p>
</item>
</blockList>
</item>
<item>
<p>“arrangement” means any enactment or other arrangement (whether or not legally enforceable);</p>
</item>
<item>
<p>“relevant power” means a power to make regulations conferred by—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>section 30A or 57(4) of the Scotland Act 1998,</p>
</item>
<item>
<num>b</num>
<p>section 80(8) or 109A of the Government of Wales Act 2006, or</p>
</item>
<item>
<num>c</num>
<p>section 6A or 24(3) of the Northern Ireland Act 1998;</p>
</item>
</blockList>
</item>
<item>
<p>“relevant regulations” means regulations made under a relevant power;</p>
</item>
<item>
<p>
“retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restriction” means any restriction which arises by virtue of relevant regulations.
</p>
</item>
</blockList>
</content>
</paragraph>
</part>
<part eId="schedule-3-part-3">
<num>Part 3</num>
<heading>Other amendments of devolution legislation</heading>
<hcontainer name="P1group" eId="d4e2723">
<heading>Scotland Act 1998</heading>
<paragraph eId="schedule-3-paragraph-6">
<num>6</num>
<content>
<p>The Scotland Act 1998 is amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-7">
<num>7</num>
<content>
<p>In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-8">
<num>8</num>
<intro>
<p>In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-8-a">
<num>a</num>
<content>
<p>omit “or the European Parliamentary Elections Act 2002”, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-8-b">
<num>b</num>
<content>
<p>omit “, European Parliamentary elections”.</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-9">
<num>9</num>
<subparagraph eId="schedule-3-paragraph-9-1">
<num>1</num>
<content>
<p>Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-9-2">
<num>2</num>
<intro>
<p>In subsection (2)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-9-2-a">
<num>a</num>
<content>
<p>after paragraph (a) insert “and”, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-9-2-b">
<num>b</num>
<content>
<p>omit paragraph (c) and the “and” before it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-9-3">
<num>3</num>
<content>
<p>In subsection (3), omit paragraph (b) and the “and” before it.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-9-4">
<num>4</num>
<intro>
<p>In subsection (5)(a)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-9-4-a">
<num>a</num>
<content>
<p>omit “or the European Parliamentary Elections Act 2002”, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-9-4-b">
<num>b</num>
<content>
<p>omit “, European Parliamentary elections”.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-10">
<num>10</num>
<content>
<p>In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-11">
<num>11</num>
<content>
<p>
Omit section 34 (
<abbr class="Acronym" title="European Court of Justice">ECJ</abbr>
references).
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-12">
<num>12</num>
<subparagraph eId="schedule-3-paragraph-12-1">
<num>1</num>
<content>
<p>Section 36 (stages of Bills) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-12-2">
<num>2</num>
<content>
<p>In subsection (4), omit paragraph (b) but not the “or” at the end of it.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-12-3">
<num>3</num>
<content>
<p>In subsection (5)(a), omit “, (b)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-13">
<num>13</num>
<subparagraph eId="schedule-3-paragraph-13-1">
<num>1</num>
<content>
<p>
Section 57 (
<abbr class="Acronym" title="European Union">EU</abbr>
law and Convention rights) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-13-2">
<num>2</num>
<intro>
<p>In the heading—</p>
</intro>
<paragraph eId="schedule-3-paragraph-13-2-a">
<num>a</num>
<content>
<p>
omit “
<abbr class="Acronym" title="European Union">EU</abbr>
law and”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-13-2-b">
<num>b</num>
<content>
<p>
after “rights” insert “and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law”.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-13-3">
<num>3</num>
<content>
<p>Omit subsection (1).</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-14">
<num>14</num>
<subparagraph eId="schedule-3-paragraph-14-1">
<num>1</num>
<content>
<p>Section 80D (Scottish taxpayers) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-14-2">
<num>2</num>
<intro>
<p>In subsection (4)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-14-2-a">
<num>a</num>
<content>
<p>insert “or” at the end of paragraph (a), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-14-2-b">
<num>b</num>
<content>
<p>omit paragraph (b) and the “or” at the end of it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-14-3">
<num>3</num>
<content>
<p>In subsection (4B), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-15">
<num>15</num>
<content>
<p>In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-16">
<num>16</num>
<subparagraph eId="schedule-3-paragraph-16-1">
<num>1</num>
<content>
<p>Section 82 (limits on salaries of members of the Parliament) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-16-2">
<num>2</num>
<intro>
<p>In subsection (1)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-16-2-a">
<num>a</num>
<content>
<p>insert “or” at the end of paragraph (za), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-16-2-b">
<num>b</num>
<content>
<p>omit paragraph (b) and the “or” before it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-16-3">
<num>3</num>
<content>
<p>In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “(1)(za) or (a)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-17">
<num>17</num>
<subparagraph eId="schedule-3-paragraph-17-1">
<num>1</num>
<content>
<p>Section 106 (power to adapt functions) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-17-2">
<num>2</num>
<content>
<p>
In subsection (5), for “an obligation under
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “a retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-17-3">
<num>3</num>
<content>
<p>Omit subsection (7).</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-18">
<num>18</num>
<content>
<p>
In section 119 (Consolidated Fund
<abbr title="et cetera" xml:lang="la">etc.</abbr>
), omit subsection (4).
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-19">
<num>19</num>
<subparagraph eId="schedule-3-paragraph-19-1">
<num>1</num>
<content>
<p>Section 126 (interpretation) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-19-2">
<num>2</num>
<content>
<p>Omit subsection (9).</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-19-3">
<num>3</num>
<content>
<p>
In subsection (10), omit “
<abbr class="Acronym" title="European Union">EU</abbr>
law or”.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-20">
<num>20</num>
<content>
<p>
In section 127 (index of defined expressions), omit the entry for
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-21">
<num>21</num>
<subparagraph eId="schedule-3-paragraph-21-1">
<num>1</num>
<content>
<p>
Schedule 4 (enactments
<abbr title="et cetera" xml:lang="la">etc.</abbr>
protected from modification) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-21-2">
<num>2</num>
<intro>
<p>In paragraph 1(2)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-21-2-a">
<num>a</num>
<content>
<p>omit paragraph (c), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-21-2-b">
<num>b</num>
<content>
<p>after paragraph (f) insert </p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<p class="run-on">,</p>
<paragraph eId="d4e3068">
<num>g</num>
<content>
<p>
the European Union (Withdrawal) Act 2018 (other than paragraphs
<a href="#schedule-8-paragraph-31">31</a>
to
<a href="#schedule-8-paragraph-35">35</a>
of Schedule 8 to that Act and any regulations made under that Act)
</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-21-3">
<num>3</num>
<content>
<p>Omit paragraph 13(1)(a).</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-22">
<num>22</num>
<content>
<p>
In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<blockList class="unordered">
<item>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</item>
</blockList>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-23">
<num>23</num>
<subparagraph eId="schedule-3-paragraph-23-1">
<num>1</num>
<content>
<p>Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-23-2">
<num>2</num>
<content>
<p>
In the first paragraph (d) for “with
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “in breach of the restriction in section 57(4)”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-23-3">
<num>3</num>
<content>
<p>
In paragraph (e), omit “or with
<abbr class="Acronym" title="European Union">EU</abbr>
law”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-23-4">
<num>4</num>
<content>
<p>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)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-24">
<num>24</num>
<subparagraph eId="schedule-3-paragraph-24-1">
<num>1</num>
<content>
<p>The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-24-2">
<num>2</num>
<content>
<p>After the entry for section 30 insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<tblock class="tabular">
<table>
<tr>
<td colspan="1" rowspan="1">
<p>Section 30A</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>Type C</p>
</td>
</tr>
</table>
</tblock>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-24-3">
<num>3</num>
<content>
<p>After the entry for section 56(2) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<tblock class="tabular">
<table>
<tr>
<td colspan="1" rowspan="1">
<p>Section 57(4)</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>Type C</p>
</td>
</tr>
</table>
</tblock>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-25">
<num>25</num>
<content>
<p>After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<paragraph eId="d4e3195">
<num>6</num>
<subparagraph eId="d4e3199">
<num>1</num>
<content>
<p>This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.</p>
</content>
</subparagraph>
<subparagraph eId="d4e3205">
<num>2</num>
<intro>
<p>Before the draft is laid, the Minister of the Crown who is to make the instrument—</p>
</intro>
<paragraph eId="d4e3211">
<num>a</num>
<content>
<p>must make a statement explaining the effect of the instrument, and</p>
</content>
</paragraph>
<paragraph eId="d4e3217">
<num>b</num>
<intro>
<p>in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—</p>
</intro>
<subparagraph eId="d4e3223">
<num>i</num>
<content>
<p>must make a statement explaining why the Minister has decided to lay the draft despite this, and</p>
</content>
</subparagraph>
<subparagraph eId="d4e3229">
<num>ii</num>
<content>
<p>must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="d4e3235">
<num>3</num>
<content>
<p>A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.</p>
</content>
</subparagraph>
<subparagraph eId="d4e3241">
<num>4</num>
<content>
<p>For the purposes of this paragraph, where a 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.</p>
</content>
</subparagraph>
<subparagraph eId="d4e3247">
<num>5</num>
<content>
<p>This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.</p>
</content>
</subparagraph>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-26">
<num>26</num>
<content>
<p>In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e3259">
<heading>Government of Wales Act 2006</heading>
<paragraph eId="schedule-3-paragraph-27">
<num>27</num>
<content>
<p>The Government of Wales Act 2006 is amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-28">
<num>28</num>
<content>
<p>In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-29">
<num>29</num>
<intro>
<p>
In section 13(5) (power of the Welsh Ministers to make provision about elections
<abbr title="et cetera" xml:lang="la">etc.</abbr>
)—
</p>
</intro>
<paragraph eId="schedule-3-paragraph-29-a">
<num>a</num>
<content>
<p>omit paragraph (c) but not the “and” at the end of it, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-29-b">
<num>b</num>
<content>
<p>in paragraph (d) omit “, European Parliamentary elections”.</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-30">
<num>30</num>
<subparagraph eId="schedule-3-paragraph-30-1">
<num>1</num>
<content>
<p>Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-30-2">
<num>2</num>
<intro>
<p>In subsection (2)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-30-2-a">
<num>a</num>
<content>
<p>insert “and” at the end of paragraph (a), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-30-2-b">
<num>b</num>
<content>
<p>omit paragraph (c) and the “and” before it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-30-3">
<num>3</num>
<content>
<p>In subsection (3), omit paragraph (b) and the “and” before it.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-31">
<num>31</num>
<content>
<p>In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-32">
<num>32</num>
<subparagraph eId="schedule-3-paragraph-32-1">
<num>1</num>
<content>
<p>Section 21 (limit on salaries of Assembly members) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-32-2">
<num>2</num>
<intro>
<p>In subsection (1)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-32-2-a">
<num>a</num>
<content>
<p>insert “or” at the end of paragraph (za), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-32-2-b">
<num>b</num>
<content>
<p>omit paragraph (b) and the “or” before it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-32-3">
<num>3</num>
<content>
<p>In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “(1)(za) or (a)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-33">
<num>33</num>
<content>
<p>
In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligations”.
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-34">
<num>34</num>
<content>
<p>
Omit section 58B (implementation of
<abbr class="Acronym" title="European Union">EU</abbr>
law: general).
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-35">
<num>35</num>
<subparagraph eId="schedule-3-paragraph-35-1">
<num>1</num>
<content>
<p>
Section 59 (implementation of
<abbr class="Acronym" title="European Union">EU</abbr>
law: designation of Welsh Ministers
<abbr title="et cetera" xml:lang="la">etc.</abbr>
) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-35-2">
<num>2</num>
<content>
<p>For the heading substitute “Fees and charges in relation to international law”.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-35-3">
<num>3</num>
<content>
<p>Omit subsections (1) to (4).</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-35-4">
<num>4</num>
<content>
<p>
In subsection (5), for “in pursuance of an
<abbr class="Acronym" title="European Union">EU</abbr>
obligation
<abbr title="Et cetera" xml:lang="la">etc</abbr>
” substitute “in pursuance of an international obligation”.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-36">
<num>36</num>
<content>
<p>
In the heading before section 80 (
<abbr class="Acronym" title="European Union">EU</abbr>
law, human rights and international obligations
<abbr title="et cetera" xml:lang="la">etc.</abbr>
), before “
<abbr class="Acronym" title="European Union">EU</abbr>
” insert “Retained”.
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-37">
<num>37</num>
<subparagraph eId="schedule-3-paragraph-37-1">
<num>1</num>
<content>
<p>
Section 80 (
<abbr class="Acronym" title="European Union">EU</abbr>
law) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-37-2">
<num>2</num>
<content>
<p>
In the heading, before “
<abbr class="Acronym" title="European Union">EU</abbr>
” insert “Retained”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-37-3">
<num>3</num>
<content>
<p>
In subsection (1), for “An
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” substitute “A retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-37-4">
<num>4</num>
<content>
<p>
In subsection (2), for “an
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” substitute “a retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-37-5">
<num>5</num>
<intro>
<p>In subsection (3)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-37-5-a">
<num>a</num>
<content>
<p>
for “an
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” substitute “a retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-37-5-b">
<num>b</num>
<content>
<p>
for “the
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” substitute “the retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-37-6">
<num>6</num>
<intro>
<p>In subsection (7)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-37-6-a">
<num>a</num>
<content>
<p>
for “an
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” substitute “a retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-37-6-b">
<num>b</num>
<content>
<p>
for “the
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” substitute “the retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-37-7">
<num>7</num>
<content>
<p>In subsection (9), leave out “and (8)” and insert “, (8) and (8L)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-38">
<num>38</num>
<intro>
<p>In section 111 (proceedings on Bills)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-38-a">
<num>a</num>
<content>
<p>in subsection (6), omit paragraph (b) but not the “or” at the end of it, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-38-b">
<num>b</num>
<content>
<p>in subsection (7)(a), omit “, (b)”.</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-39">
<num>39</num>
<content>
<p>
Omit section 113 (
<abbr class="Acronym" title="European Court of Justice">ECJ</abbr>
references).
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-40">
<num>40</num>
<content>
<p>In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-41">
<num>41</num>
<subparagraph eId="schedule-3-paragraph-41-1">
<num>1</num>
<content>
<p>Section 116E (Welsh taxpayers) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-41-2">
<num>2</num>
<intro>
<p>In subsection (4)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-41-2-a">
<num>a</num>
<content>
<p>insert “or” at the end of paragraph (a), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-41-2-b">
<num>b</num>
<content>
<p>omit paragraph (b) and the “or” at the end of it.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-41-3">
<num>3</num>
<content>
<p>In subsection (6), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-42">
<num>42</num>
<content>
<p>In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “paragraph (a) or (c)”.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-43">
<num>43</num>
<content>
<p>After section 157 (orders, regulations and directions) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<section eId="d4e3641">
<num>157ZA</num>
<heading>Explanatory statements in relation to certain regulations</heading>
<subsection eId="d4e3645">
<num>1</num>
<content>
<p>This section applies where a draft of a statutory instrument containing regulations under section 80(8) or 109A is to be laid before each House of Parliament.</p>
</content>
</subsection>
<subsection eId="d4e3651">
<num>2</num>
<intro>
<p>Before the draft is laid, the Minister of the Crown who is to make the instrument—</p>
</intro>
<paragraph eId="d4e3657">
<num>a</num>
<content>
<p>must make a statement explaining the effect of the instrument, and</p>
</content>
</paragraph>
<paragraph eId="d4e3663">
<num>b</num>
<intro>
<p>in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—</p>
</intro>
<subparagraph eId="d4e3669">
<num>i</num>
<content>
<p>must make a statement explaining why the Minister has decided to lay the draft despite this, and</p>
</content>
</subparagraph>
<subparagraph eId="d4e3675">
<num>ii</num>
<content>
<p>must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Welsh Ministers giving the opinion of the Welsh Ministers as to why the Assembly has not made that decision.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e3681">
<num>3</num>
<content>
<p>A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.</p>
</content>
</subsection>
<subsection eId="d4e3687">
<num>4</num>
<content>
<p>For the purposes of this section, where a 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.</p>
</content>
</subsection>
<subsection eId="d4e3693">
<num>5</num>
<content>
<p>This section does not apply to a draft of an instrument which only contains regulations under section 80(8) or 109A which only relate to a revocation of a specification.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-44">
<num>44</num>
<intro>
<p>In section 158(1) (interpretation)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-44-a">
<num>a</num>
<content>
<p>
omit the definition of “
<abbr class="Acronym" title="European Union">EU</abbr>
law”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-44-b">
<num>b</num>
<content>
<p>
in the definition of “international obligations” omit “
<abbr class="Acronym" title="European Union">EU</abbr>
law or”.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-45">
<num>45</num>
<content>
<p>
In section 159 (index of defined expressions), omit the entry for
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-46">
<num>46</num>
<content>
<p>
In Schedule 3 (transfer
<abbr title="et cetera" xml:lang="la">etc.</abbr>
of functions: further provisions), omit paragraph 5 and the heading before it (
<abbr class="Acronym" title="European Union">EU</abbr>
obligations).
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-47">
<num>47</num>
<content>
<p>In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<paragraph eId="d4e3751">
<num>77</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-48">
<num>48</num>
<intro>
<p>In paragraph 5(1) of Schedule 7B (protected enactments), in the table—</p>
</intro>
<paragraph eId="schedule-3-paragraph-48-a">
<num>a</num>
<content>
<p>omit the entry for the European Communities Act 1972, and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-48-b">
<num>b</num>
<content>
<p>after the entry for the Energy Act 2008 insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<tblock class="tabular">
<table>
<tr>
<td colspan="1" rowspan="1">
<p>The European Union (Withdrawal) Act 2018</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
</table>
</tblock>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-49">
<num>49</num>
<content>
<p>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).</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e3796">
<heading>Northern Ireland Act 1998</heading>
<paragraph eId="schedule-3-paragraph-50">
<num>50</num>
<content>
<p>The Northern Ireland Act 1998 is amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-51">
<num>51</num>
<subparagraph eId="schedule-3-paragraph-51-1">
<num>1</num>
<content>
<p>Section 7 (entrenched enactments) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-51-2">
<num>2</num>
<intro>
<p>In subsection (1)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-51-2-a">
<num>a</num>
<content>
<p>for “subsection (2)” substitute “subsection (2A)”,</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-51-2-b">
<num>b</num>
<content>
<p>omit paragraph (a),</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-51-2-c">
<num>c</num>
<content>
<p>omit “and” at the end of paragraph (c), and</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-51-2-d">
<num>d</num>
<content>
<p>after paragraph (d) insert </p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<p class="run-on">; and</p>
<paragraph eId="d4e3848">
<num>e</num>
<content>
<p>the European Union (Withdrawal) Act 2018</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-51-3">
<num>3</num>
<content>
<p>Omit subsection (2).</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-51-4">
<num>4</num>
<content>
<p>Before subsection (3) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e3869">
<num>2A</num>
<intro>
<p>Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—</p>
</intro>
<paragraph eId="d4e3875">
<num>a</num>
<content>
<p>
paragraph
<a href="#schedule-7-paragraph-1-11">1(11)</a>
or
<a href="#schedule-7-paragraph-1-12">(12)</a>
or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,
</p>
</content>
</paragraph>
<paragraph eId="d4e3887">
<num>b</num>
<content>
<p>
paragraph
<a href="#schedule-8-paragraph-21">21</a>
of Schedule 8 to that Act, or
</p>
</content>
</paragraph>
<paragraph eId="d4e3896">
<num>c</num>
<content>
<p>any regulations made under that Act.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-52">
<num>52</num>
<content>
<p>
Omit section 12 (reconsideration where reference made to
<abbr class="Acronym" title="European Court of Justice">ECJ</abbr>
).
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-53">
<num>53</num>
<content>
<p>In section 13 (stages of Bills), omit subsection (5)(b).</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-54">
<num>54</num>
<content>
<p>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.</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-55">
<num>55</num>
<intro>
<p>
In the heading of section 24 (
<abbr class="Acronym" title="European Union">EU</abbr>
law, Convention rights
<abbr title="et cetera" xml:lang="la">etc.</abbr>
)—
</p>
</intro>
<paragraph eId="schedule-3-paragraph-55-a">
<num>a</num>
<content>
<p>
omit “
<abbr class="Acronym" title="European Union">EU</abbr>
law,”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-55-b">
<num>b</num>
<content>
<p>
after “rights” insert “, retained
<abbr class="Acronym" title="European Union">EU</abbr>
law”.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-56">
<num>56</num>
<subparagraph eId="schedule-3-paragraph-56-1">
<num>1</num>
<content>
<p>
Section 27 (quotas for purposes of international
<abbr title="et cetera" xml:lang="la">etc.</abbr>
obligations) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-56-2">
<num>2</num>
<content>
<p>
In subsection (1)(a), for “an obligation under
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “a retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-56-3">
<num>3</num>
<content>
<p>
In subsection (2), for “obligation under
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-56-4">
<num>4</num>
<content>
<p>
In subsection (4), omit “or an obligation under
<abbr class="Acronym" title="European Union">EU</abbr>
law”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-56-5">
<num>5</num>
<content>
<p>After that subsection insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e4006">
<num>4A</num>
<content>
<p>
Where an order under subsection (1) is in force in relation to a retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation, the Minister or Northern Ireland department must (in the exercise of the Minister’s or the department’s functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-57">
<num>57</num>
<content>
<p>After section 96(4) (orders and regulations) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e4022">
<num>4A</num>
<intro>
<p>Regulations under section 6A or 24(3)—</p>
</intro>
<paragraph eId="d4e4028">
<num>a</num>
<content>
<p>shall be made by statutory instrument, and</p>
</content>
</paragraph>
<paragraph eId="d4e4034">
<num>b</num>
<content>
<p>shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-58">
<num>58</num>
<content>
<p>After section 96 (orders and regulations) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<section eId="d4e4050">
<num>96A</num>
<heading>Explanatory statements in relation to certain regulations</heading>
<subsection eId="d4e4054">
<num>1</num>
<content>
<p>This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.</p>
</content>
</subsection>
<subsection eId="d4e4060">
<num>2</num>
<intro>
<p>Before the draft is laid, the Minister of the Crown who is to make the instrument—</p>
</intro>
<paragraph eId="d4e4066">
<num>a</num>
<content>
<p>must make a statement explaining the effect of the instrument, and</p>
</content>
</paragraph>
<paragraph eId="d4e4072">
<num>b</num>
<intro>
<p>in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—</p>
</intro>
<subparagraph eId="d4e4078">
<num>i</num>
<content>
<p>must make a statement explaining why the Minister has decided to lay the draft despite this, and</p>
</content>
</subparagraph>
<subparagraph eId="d4e4084">
<num>ii</num>
<content>
<p>must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by a relevant Minister giving the opinion of the relevant Minister as to why the Assembly has not made that decision.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="d4e4090">
<num>3</num>
<content>
<p>A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.</p>
</content>
</subsection>
<subsection eId="d4e4096">
<num>4</num>
<content>
<p>For the purposes of this section, where a 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.</p>
</content>
</subsection>
<subsection eId="d4e4102">
<num>5</num>
<content>
<p>In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.</p>
</content>
</subsection>
<subsection eId="d4e4108">
<num>6</num>
<content>
<p>This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-59">
<num>59</num>
<intro>
<p>In section 98(1) (interpretation)—</p>
</intro>
<paragraph eId="schedule-3-paragraph-59-a">
<num>a</num>
<content>
<p>
omit the definition of “
<abbr class="Acronym" title="European Union">EU</abbr>
law”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-59-b">
<num>b</num>
<content>
<p>
in the definition of “international obligations” omit “
<abbr class="Acronym" title="European Union">EU</abbr>
law or”.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-60">
<num>60</num>
<subparagraph eId="schedule-3-paragraph-60-1">
<num>1</num>
<content>
<p>Schedule 2 (excepted matters) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-60-2">
<num>2</num>
<content>
<p>
In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “and obligations under the Human Rights Convention”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-3-paragraph-60-3">
<num>3</num>
<content>
<p>In paragraph 12(1), omit “, the European Parliament”.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-3-paragraph-61">
<num>61</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law, other than”.
</p>
</content>
</paragraph>
<paragraph eId="schedule-3-paragraph-62">
<num>62</num>
<content>
<p>In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.</p>
</content>
</paragraph>
</hcontainer>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-4">
<num>
SCHEDULE 4
<authorialNote class="referenceNote" placement="right">
<p>Section 14(1)</p>
</authorialNote>
</num>
<heading>Powers in connection with fees and charges</heading>
<part eId="schedule-4-part-1">
<num>Part 1</num>
<heading>Charging in connection with certain new functions</heading>
<paragraph eId="schedule-4-paragraph-1">
<num>1</num>
<heading>Power to provide for fees or charges</heading>
<subparagraph eId="schedule-4-paragraph-1-1">
<num>1</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-4-paragraph-1-1-a">
<num>a</num>
<content>
<p>
section 8 or Part
<a href="#schedule-2-part-1">1</a>
of Schedule 2 (powers to deal with deficiencies arising from withdrawal), or
</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-1-1-b">
<num>b</num>
<content>
<p>
section 9 or Part
<a href="#schedule-2-part-2">2</a>
of Schedule 2 (powers to implement the withdrawal agreement).
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-1-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-1-3">
<num>3</num>
<intro>
<p>Regulations under this paragraph may (among other things)—</p>
</intro>
<paragraph eId="schedule-4-paragraph-1-3-a">
<num>a</num>
<content>
<p>prescribe the fees or charges or make provision as to how they are to be determined;</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-1-3-b">
<num>b</num>
<content>
<p>provide for the recovery or disposal of any sums payable under the regulations;</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-1-3-c">
<num>c</num>
<content>
<p>confer power on the public authority to make, by subordinate legislation, any provision that the appropriate authority may make under this paragraph in relation to the relevant function.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-2">
<num>2</num>
<heading>Meaning of “appropriate authority”</heading>
<subparagraph eId="schedule-4-paragraph-2-1">
<num>1</num>
<content>
<p>
A Minister of the Crown is an “appropriate authority” for the purposes of paragraph
<a href="#schedule-4-paragraph-1">1</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-2-2">
<num>2</num>
<intro>
<p>
The Scottish Ministers are an “appropriate authority” for the purposes of paragraph
<a href="#schedule-4-paragraph-1">1</a>
</p>
</intro>
<paragraph eId="schedule-4-paragraph-2-2-a">
<num>a</num>
<content>
<p>
if the Scottish Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph
<a href="#schedule-4-paragraph-1-1">1(1)</a>
, by virtue of which the public authority has the relevant function,
</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-2-b">
<num>b</num>
<content>
<p>if the relevant function is a function of the Scottish Ministers, the First Minister or the Lord Advocate, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-2-c">
<num>c</num>
<content>
<p>
if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law).
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-2-3">
<num>3</num>
<intro>
<p>
The Welsh Ministers are an “appropriate authority” for the purposes of paragraph
<a href="#schedule-4-paragraph-1">1</a>
</p>
</intro>
<paragraph eId="schedule-4-paragraph-2-3-a">
<num>a</num>
<content>
<p>
if the Welsh Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph
<a href="#schedule-4-paragraph-1-1">1(1)</a>
, by virtue of which the public authority has the relevant function,
</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-3-b">
<num>b</num>
<content>
<p>if the relevant function is a function of the Welsh Ministers, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-3-c">
<num>c</num>
<content>
<p>
if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the National Assembly for Wales, would be within the legislative competence of that Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law and retained
<abbr class="Acronym" title="European Union">EU</abbr>
law but including any provision that could be made only with consent of a Minister of the Crown).
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-2-4">
<num>4</num>
<intro>
<p>
A Northern Ireland department is an “appropriate authority” for the purposes of paragraph
<a href="#schedule-4-paragraph-1">1</a>
</p>
</intro>
<paragraph eId="schedule-4-paragraph-2-4-a">
<num>a</num>
<content>
<p>
if a Northern Ireland department (whether acting jointly or alone) made the provision, as mentioned in paragraph
<a href="#schedule-4-paragraph-1-1">1(1)</a>
, by virtue of which the public authority has the relevant function,
</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-4-b">
<num>b</num>
<content>
<p>if the relevant function is a function of a Northern Ireland devolved authority, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-2-4-c">
<num>c</num>
<intro>
<p>if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Northern Ireland Assembly—</p>
</intro>
<subparagraph eId="schedule-4-paragraph-2-4-c-i">
<num>i</num>
<content>
<p>would be within the legislative competence of that Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-2-4-c-ii">
<num>ii</num>
<content>
<p>would not require the consent of the Secretary of State.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-3">
<num>3</num>
<heading>Requirements for consent</heading>
<subparagraph eId="schedule-4-paragraph-3-1">
<num>1</num>
<content>
<p>
A Minister of the Crown may only make regulations under paragraph
<a href="#schedule-4-paragraph-1">1</a>
with the consent of the Treasury.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-3-2">
<num>2</num>
<intro>
<p>
A devolved authority may only make regulations under paragraph
<a href="#schedule-4-paragraph-1">1</a>
with the consent of a Minister of the Crown if—
</p>
</intro>
<paragraph eId="schedule-4-paragraph-3-2-a">
<num>a</num>
<content>
<p>the relevant function is a function of a Minister of the Crown, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-3-2-b">
<num>b</num>
<intro>
<p>the public authority that has the relevant function—</p>
</intro>
<subparagraph eId="schedule-4-paragraph-3-2-b-i">
<num>i</num>
<content>
<p>in the case of the Scottish Ministers, has any functions that can be exercised otherwise than in or as regards Scotland,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-3-2-b-ii">
<num>ii</num>
<content>
<p>in the case of the Welsh Ministers, has any functions that can be exercised otherwise than in relation to Wales or the Welsh zone, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-3-2-b-iii">
<num>iii</num>
<content>
<p>in the case of a Northern Ireland department, has any functions that can be exercised otherwise than in or as regards Northern Ireland and is not an implementation body.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-3-3">
<num>3</num>
<content>
<p>
In sub-paragraph
<a href="#schedule-4-paragraph-3-2-b-iii">(2)(b)(iii)</a>
“implementation body” has the same meaning as in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-4">
<num>4</num>
<heading>Minister of the Crown power in relation to devolved authorities</heading>
<intro>
<p>A Minister of the Crown may by regulations—</p>
</intro>
<paragraph eId="schedule-4-paragraph-4-a">
<num>a</num>
<content>
<p>
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
<a href="#schedule-4-paragraph-1">1</a>
;
</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-4-b">
<num>b</num>
<content>
<p>
provide that a devolved authority that is regarded as being an appropriate authority under regulations made under paragraph
<a href="#schedule-4-paragraph-4-a">(a)</a>
may only make regulations under paragraph
<a href="#schedule-4-paragraph-1">1</a>
, by virtue of being so regarded, with the consent of a Minister of the Crown;
</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-4-c">
<num>c</num>
<content>
<p>
prescribe circumstances in which, or functions in relation to which, a devolved authority may, despite paragraph
<a href="#schedule-4-paragraph-3-2">3(2)</a>
, make regulations under paragraph
<a href="#schedule-4-paragraph-1">1</a>
without the consent of a Minister of the Crown.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-5">
<num>5</num>
<heading>Time limit for making certain provision</heading>
<subparagraph eId="schedule-4-paragraph-5-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-5-2">
<num>2</num>
<intro>
<p>After the end of that period, regulations may be made under paragraph 1 for the purposes of—</p>
</intro>
<paragraph eId="schedule-4-paragraph-5-2-a">
<num>a</num>
<content>
<p>revoking any provision made under that paragraph,</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-5-2-b">
<num>b</num>
<content>
<p>altering the amount of any of the fees or charges that are to be charged under any provision made under that paragraph,</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-5-2-c">
<num>c</num>
<content>
<p>altering how any of the fees or charges that are to be charged under any provision made under that paragraph are to be determined, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-5-2-d">
<num>d</num>
<content>
<p>otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under any provision made under that paragraph.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-5-3">
<num>3</num>
<content>
<p>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).</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-6">
<num>6</num>
<heading>Relationship to other powers</heading>
<content>
<p>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.</p>
</content>
</paragraph>
</part>
<part eId="schedule-4-part-2">
<num>Part 2</num>
<heading>Modifying pre-exit fees or charges</heading>
<paragraph eId="schedule-4-paragraph-7">
<num>7</num>
<heading>Power to modify pre-exit fees or charges</heading>
<subparagraph eId="schedule-4-paragraph-7-1">
<num>1</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-4-paragraph-7-2">(2)</a>
applies where any subordinate legislation contains provision (“the charging provision”) for, or in connection with, the charging of fees or other charges that—
</p>
</intro>
<paragraph eId="schedule-4-paragraph-7-1-a">
<num>a</num>
<content>
<p>was made under section 2(2) of the European Communities Act 1972, section 56 of the Finance Act 1973 or this Part, and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-7-1-b">
<num>b</num>
<content>
<p>
forms part of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-7-2">
<num>2</num>
<intro>
<p>Any appropriate authority may by regulations make provision (“the proposed modification”) modifying the subordinate legislation for the purposes of—</p>
</intro>
<paragraph eId="schedule-4-paragraph-7-2-a">
<num>a</num>
<content>
<p>revoking the charging provision,</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-7-2-b">
<num>b</num>
<content>
<p>altering the amount of any of the fees or charges that are to be charged,</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-7-2-c">
<num>c</num>
<content>
<p>altering how any of the fees or charges are to be determined, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-7-2-d">
<num>d</num>
<content>
<p>otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under the charging provision.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-8">
<num>8</num>
<heading>Meaning of “appropriate authority”</heading>
<intro>
<p>In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—</p>
</intro>
<paragraph eId="schedule-4-paragraph-8-a">
<num>a</num>
<content>
<p>under section 2(2) of the European Communities Act 1972 immediately before the repeal of that section by section 1, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-8-b">
<num>b</num>
<content>
<p>
under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph
<a href="#schedule-8-paragraph-17">17</a>
of Schedule 8.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-9">
<num>9</num>
<heading>Restriction on exercise of power</heading>
<subparagraph eId="schedule-4-paragraph-9-1">
<num>1</num>
<content>
<p>Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-4-paragraph-9-2">
<num>2</num>
<intro>
<p>
In sub-paragraph
<a href="#schedule-4-paragraph-9-1">(1)</a>
“1972 Act provision” means—
</p>
</intro>
<paragraph eId="schedule-4-paragraph-9-2-a">
<num>a</num>
<content>
<p>provision that is made under section 2(2) of the European Communities Act 1972 and not under section 56 of the Finance Act 1973, including such provision as modified under this Part, or</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-9-2-b">
<num>b</num>
<content>
<p>
provision that is made under this Part and is incidental to, or supplements or replaces, provision within paragraph
<a href="#schedule-4-paragraph-9-2-a">(a)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-4-paragraph-10">
<num>10</num>
<heading>Requirement for consent</heading>
<intro>
<p>If a Minister of the Crown—</p>
</intro>
<paragraph eId="schedule-4-paragraph-10-a">
<num>a</num>
<content>
<p>is an appropriate authority, and</p>
</content>
</paragraph>
<paragraph eId="schedule-4-paragraph-10-b">
<num>b</num>
<content>
<p>
immediately before the amendment of section 56 of the Finance Act 1973 by paragraph
<a href="#schedule-8-paragraph-17">17</a>
of Schedule 8 could only have made the proposed modification under that section,
</p>
</content>
</paragraph>
<wrapUp>
<p>the Minister may only make that modification under this Part with the consent of the Treasury.</p>
</wrapUp>
</paragraph>
<paragraph eId="schedule-4-paragraph-11">
<num>11</num>
<heading>Relationship to other powers</heading>
<content>
<p>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.</p>
</content>
</paragraph>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-5">
<num>
SCHEDULE 5
<authorialNote class="referenceNote" placement="right">
<p>Section 15(1) and (2)</p>
</authorialNote>
</num>
<heading>Publication and rules of evidence</heading>
<part eId="schedule-5-part-1">
<num>Part 1</num>
<heading>
Publication of retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation
<abbr title="et cetera" xml:lang="la">etc.</abbr>
</heading>
<paragraph eId="schedule-5-paragraph-1">
<num>1</num>
<heading>Things that must or may be published</heading>
<subparagraph eId="schedule-5-paragraph-1-1">
<num>1</num>
<intro>
<p>The Queen’s Printer must make arrangements for the publication of—</p>
</intro>
<paragraph eId="schedule-5-paragraph-1-1-a">
<num>a</num>
<content>
<p>
each relevant instrument that has been published before exit day by an
<abbr class="Acronym" title="European Union">EU</abbr>
entity, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-1-1-b">
<num>b</num>
<content>
<p>the relevant international agreements.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-1-2">
<num>2</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>“relevant instrument” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>
an
<abbr class="Acronym" title="European Union">EU</abbr>
regulation,
</p>
</item>
<item>
<num>b</num>
<p>
an
<abbr class="Acronym" title="European Union">EU</abbr>
decision, and
</p>
</item>
<item>
<num>c</num>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation;
</p>
</item>
</blockList>
</item>
<item>
<p>“relevant international agreements” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>the Treaty on European Union,</p>
</item>
<item>
<num>b</num>
<p>the Treaty on the Functioning of the European Union,</p>
</item>
<item>
<num>c</num>
<p>the Euratom Treaty, and</p>
</item>
<item>
<num>d</num>
<p>
the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement.
</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-1-3">
<num>3</num>
<intro>
<p>The Queen’s Printer may make arrangements for the publication of—</p>
</intro>
<paragraph eId="schedule-5-paragraph-1-3-a">
<num>a</num>
<content>
<p>any decision of, or expression of opinion by, the European Court, or</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-1-3-b">
<num>b</num>
<content>
<p>
any other document published by an
<abbr class="Acronym" title="European Union">EU</abbr>
entity.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-1-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-1-5">
<num>5</num>
<intro>
<p>This paragraph does not require the publication of—</p>
</intro>
<paragraph eId="schedule-5-paragraph-1-5-a">
<num>a</num>
<content>
<p>anything repealed before exit day, or</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-1-5-b">
<num>b</num>
<content>
<p>any modifications made on or after exit day.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-2">
<num>2</num>
<heading>Exceptions from duty to publish</heading>
<subparagraph eId="schedule-5-paragraph-2-1">
<num>1</num>
<content>
<p>
A Minister of the Crown may create an exception from the duty under paragraph
<a href="#schedule-5-paragraph-1-1">1(1)</a>
in respect of a relevant instrument if satisfied that it has not become (or will not become, on exit day) retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-2">
<num>2</num>
<content>
<p>An exception is created by giving a direction to the Queen’s Printer specifying the instrument or category of instruments that are excepted.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-3">
<num>3</num>
<content>
<p>A Minister of the Crown must publish any direction under this paragraph.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-2-4">
<num>4</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>“instrument” includes part of an instrument;</p>
</item>
<item>
<p>
“relevant instrument” has the meaning given by paragraph
<a href="#schedule-5-paragraph-1-2">1(2)</a>
.
</p>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
</part>
<part eId="schedule-5-part-2">
<num>Part 2</num>
<heading>Rules of evidence</heading>
<paragraph eId="schedule-5-paragraph-3">
<num>3</num>
<heading>
Questions as to meaning of
<abbr class="Acronym" title="European Union">EU</abbr>
law
</heading>
<subparagraph eId="schedule-5-paragraph-3-1">
<num>1</num>
<intro>
<p>
Where it is necessary, for the purpose of interpreting retained
<abbr class="Acronym" title="European Union">EU</abbr>
law in legal proceedings, to decide a question as to—
</p>
</intro>
<paragraph eId="schedule-5-paragraph-3-1-a">
<num>a</num>
<content>
<p>
the meaning or effect in
<abbr class="Acronym" title="European Union">EU</abbr>
law of any of the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties or any other treaty relating to the
<abbr class="Acronym" title="European Union">EU</abbr>
, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-3-1-b">
<num>b</num>
<content>
<p>
the validity, meaning or effect in
<abbr class="Acronym" title="European Union">EU</abbr>
law of any
<abbr class="Acronym" title="European Union">EU</abbr>
instrument,
</p>
</content>
</paragraph>
<wrapUp>
<p>the question is to be treated for that purpose as a question of law.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-3-2">
<num>2</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>
“interpreting retained
<abbr class="Acronym" title="European Union">EU</abbr>
law” means deciding any question as to the validity, meaning or effect of any retained
<abbr class="Acronym" title="European Union">EU</abbr>
law;
</p>
</item>
<item>
<p>“treaty” includes—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>any international agreement, and</p>
</item>
<item>
<num>b</num>
<p>any protocol or annex to a treaty or international agreement.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-5-paragraph-4">
<num>4</num>
<heading>Power to make provision about judicial notice and admissibility</heading>
<subparagraph eId="schedule-5-paragraph-4-1">
<num>1</num>
<intro>
<p>A Minister of the Crown may by regulations—</p>
</intro>
<paragraph eId="schedule-5-paragraph-4-1-a">
<num>a</num>
<content>
<p>make provision enabling or requiring judicial notice to be taken of a relevant matter, or</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-4-1-b">
<num>b</num>
<intro>
<p>provide for the admissibility in any legal proceedings of specified evidence of—</p>
</intro>
<subparagraph eId="schedule-5-paragraph-4-1-b-i">
<num>i</num>
<content>
<p>a relevant matter, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-4-1-b-ii">
<num>ii</num>
<content>
<p>
instruments or documents issued by or in the custody of an
<abbr class="Acronym" title="European Union">EU</abbr>
entity.
</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-4-2">
<num>2</num>
<content>
<p>
Regulations under sub-paragraph
<a href="#schedule-5-paragraph-4-1-b">(1)(b)</a>
may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-4-3">
<num>3</num>
<content>
<p>Regulations under this paragraph may modify any provision made by or under an enactment.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-4-4">
<num>4</num>
<content>
<p>
In sub-paragraph
<a href="#schedule-5-paragraph-4-3">(3)</a>
“enactment” does not include primary legislation passed or made after the end of the Session in which this Act is passed.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-5-paragraph-4-5">
<num>5</num>
<intro>
<p>For the purposes of this paragraph each of the following is a “relevant matter”—</p>
</intro>
<paragraph eId="schedule-5-paragraph-4-5-a">
<num>a</num>
<content>
<p>
retained
<abbr class="Acronym" title="European Union">EU</abbr>
law,
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-4-5-b">
<num>b</num>
<content>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
law,
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-4-5-c">
<num>c</num>
<content>
<p>
the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-5-paragraph-4-5-d">
<num>d</num>
<content>
<p>
anything which is specified in the regulations and which relates to a matter mentioned in paragraph
<a href="#schedule-5-paragraph-4-5-a">(a)</a>
,
<a href="#schedule-5-paragraph-4-5-b">(b)</a>
or
<a href="#schedule-5-paragraph-4-5-c">(c)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-6">
<num>
SCHEDULE 6
<authorialNote class="referenceNote" placement="right">
<p>Section 20(1)</p>
</authorialNote>
</num>
<heading>
Instruments which are exempt
<abbr class="Acronym" title="European Union">EU</abbr>
instruments
</heading>
<paragraph eId="schedule-6-paragraph-1">
<num>1</num>
<heading>
<abbr class="Acronym" title="European Union">EU</abbr>
decisions
</heading>
<subparagraph eId="schedule-6-paragraph-1-1">
<num>1</num>
<content>
<p>
An
<abbr class="Acronym" title="European Union">EU</abbr>
decision is “an exempt
<abbr class="Acronym" title="European Union">EU</abbr>
instrument” so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-6-paragraph-1-2">
<num>2</num>
<content>
<p>
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 “
<abbr class="Acronym" title="European Union">EU</abbr>
decision” in section 20
<a href="#section-20-1">(1)</a>
), it is “an exempt
<abbr class="Acronym" title="European Union">EU</abbr>
instrument”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-6-paragraph-1-3">
<num>3</num>
<content>
<p>
In sub-paragraph
<a href="#schedule-6-paragraph-1-2">(2)</a>
, 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.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-6-paragraph-2">
<num>2</num>
<heading>
<abbr class="Acronym" title="European Union">EU</abbr>
regulations
</heading>
<content>
<p>
An
<abbr class="Acronym" title="European Union">EU</abbr>
regulation is “an exempt
<abbr class="Acronym" title="European Union">EU</abbr>
instrument” so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day.
</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-3">
<num>3</num>
<heading>
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation
</heading>
<intro>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation is “an exempt
<abbr class="Acronym" title="European Union">EU</abbr>
instrument” so far as it is made under—
</p>
</intro>
<paragraph eId="schedule-6-paragraph-3-a">
<num>a</num>
<content>
<p>
an
<abbr class="Acronym" title="European Union">EU</abbr>
decision or
<abbr class="Acronym" title="European Union">EU</abbr>
regulation which is an exempt
<abbr class="Acronym" title="European Union">EU</abbr>
instrument, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-3-b">
<num>b</num>
<content>
<p>
an
<abbr class="Acronym" title="European Union">EU</abbr>
directive so far as it is, in accordance with a relevant Protocol, not applicable to the United Kingdom immediately before exit day.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-6-paragraph-4">
<num>4</num>
<heading>Interpretation</heading>
<intro>
<p>The following are “relevant Protocols” for the purposes of this Schedule—</p>
</intro>
<paragraph eId="schedule-6-paragraph-4-a">
<num>a</num>
<content>
<p>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);</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-4-b">
<num>b</num>
<content>
<p>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);</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-4-c">
<num>c</num>
<content>
<p>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;</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-4-d">
<num>d</num>
<content>
<p>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);</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-4-e">
<num>e</num>
<content>
<p>
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
<abbr class="Acronym" title="4">IV</abbr>
of Part 3 of the Treaty establishing the European Community);
</p>
</content>
</paragraph>
<paragraph eId="schedule-6-paragraph-4-f">
<num>f</num>
<content>
<p>
Article 10 of Title
<abbr class="Acronym" title="7">VII</abbr>
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).
</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="schedule" eId="schedule-7">
<num>
SCHEDULE 7
<authorialNote class="referenceNote" placement="right">
<p>Section 22</p>
</authorialNote>
</num>
<heading>Regulations</heading>
<part eId="schedule-7-part-1">
<num>Part 1</num>
<heading>Scrutiny of powers to deal with deficiencies</heading>
<paragraph eId="schedule-7-paragraph-1">
<num>1</num>
<heading>Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone</heading>
<subparagraph eId="schedule-7-paragraph-1-1">
<num>1</num>
<content>
<p>
A statutory instrument containing regulations under section 8
<a href="#section-8-1">(1)</a>
which contain provision falling within sub-paragraph
<a href="#schedule-7-paragraph-1-2">(2)</a>
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-2">
<num>2</num>
<intro>
<p>Provision falls within this sub-paragraph if it—</p>
</intro>
<paragraph eId="schedule-7-paragraph-1-2-a">
<num>a</num>
<content>
<p>
provides for any function of an
<abbr class="Acronym" title="European Union">EU</abbr>
entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-1-2-b">
<num>b</num>
<content>
<p>relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-1-2-c">
<num>c</num>
<content>
<p>creates, or widens the scope of, a criminal offence, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-1-2-d">
<num>d</num>
<content>
<p>creates or amends a power to legislate.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-3">
<num>3</num>
<content>
<p>
Any other statutory instrument containing regulations under section 8
<a href="#section-8-1">(1)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-4">
<num>4</num>
<content>
<p>
See paragraph
<a href="#schedule-7-paragraph-3">3</a>
for restrictions on the choice of procedure under sub-paragraph
<a href="#schedule-7-paragraph-1-3">(3)</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-5">
<num>5</num>
<content>
<p>
A statutory instrument containing regulations under section 8
<a href="#section-8-3-b">(3)(b)</a>
(including as applied by paragraph
<a href="#schedule-2-paragraph-1-3">1(3)</a>
of Schedule
<a href="#schedule-2">2</a>
) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-6">
<num>6</num>
<content>
<p>
Regulations under Part
<a href="#schedule-2-part-1">1</a>
of Schedule 2 of the Scottish Ministers which contain provision falling within sub-paragraph
<a href="#schedule-7-paragraph-1-2">(2)</a>
are subject to the affirmative procedure (see section 29 of the
<ref href="http://www.legislation.gov.uk/id/asp/2010/10">Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)</ref>
).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-7">
<num>7</num>
<content>
<p>
Any other regulations under Part
<a href="#schedule-2-part-1">1</a>
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).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-8">
<num>8</num>
<content>
<p>
A statutory instrument containing regulations under Part
<a href="#schedule-2-part-1">1</a>
of Schedule 2 of the Welsh Ministers which contain provision falling within sub-paragraph
<a href="#schedule-7-paragraph-1-2">(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-9">
<num>9</num>
<content>
<p>
Any other statutory instrument containing regulations under Part
<a href="#schedule-2-part-1">1</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-10">
<num>10</num>
<content>
<p>
See paragraph 4 for restrictions on the choice of procedure under sub-paragraph
<a href="#schedule-7-paragraph-1-9">(9)</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-11">
<num>11</num>
<content>
<p>
Regulations under Part
<a href="#schedule-2-part-1">1</a>
of Schedule 2 of a Northern Ireland department which contain provision falling within sub-paragraph
<a href="#schedule-7-paragraph-1-2">(2)</a>
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-12">
<num>12</num>
<content>
<p>
Any other regulations under Part
<a href="#schedule-2-part-1">1</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-1-13">
<num>13</num>
<intro>
<p>This paragraph—</p>
</intro>
<paragraph eId="schedule-7-paragraph-1-13-a">
<num>a</num>
<content>
<p>
does not apply to regulations to which paragraph
<a href="#schedule-7-paragraph-2">2</a>
applies, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-1-13-b">
<num>b</num>
<content>
<p>
is subject to paragraphs
<a href="#schedule-7-paragraph-5">5</a>
to 8.
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-2">
<num>2</num>
<heading>Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly</heading>
<subparagraph eId="schedule-7-paragraph-2-1">
<num>1</num>
<content>
<p>
This paragraph applies to regulations under Part
<a href="#schedule-2-part-1">1</a>
of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-2">
<num>2</num>
<content>
<p>
The procedure provided for by sub-paragraph
<a href="#schedule-7-paragraph-2-3">(3)</a>
or
<a href="#schedule-7-paragraph-2-4">(4)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-3">
<num>3</num>
<content>
<p>
A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph
<a href="#schedule-7-paragraph-1-2">1(2)</a>
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-5">
<num>5</num>
<content>
<p>
Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph
<a href="#schedule-7-paragraph-1-2">1(2)</a>
are subject to the affirmative procedure.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-6">
<num>6</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-7">
<num>7</num>
<content>
<p>
Section 29 of the
<ref href="http://www.legislation.gov.uk/id/asp/2010/10">Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)</ref>
(affirmative procedure) applies in relation to regulations to which sub-paragraph
<a href="#schedule-7-paragraph-2-5">(5)</a>
or
<a href="#schedule-7-paragraph-1-6">(6)</a>
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).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-8">
<num>8</num>
<content>
<p>
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure
<abbr title="et cetera" xml:lang="la">etc.</abbr>
) apply in relation to regulations to which sub-paragraph
<a href="#schedule-7-paragraph-2-6">(6)</a>
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).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-9">
<num>9</num>
<content>
<p>
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
<a href="#schedule-7-paragraph-2-5">(5)</a>
or
<a href="#schedule-7-paragraph-2-6">(6)</a>
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).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-10">
<num>10</num>
<content>
<p>
A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph
<a href="#schedule-7-paragraph-1-2">1(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-11">
<num>11</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-12">
<num>12</num>
<content>
<p>
Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph
<a href="#schedule-7-paragraph-1-2">1(2)</a>
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-13">
<num>13</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-14">
<num>14</num>
<intro>
<p>
If in accordance with sub-paragraph
<a href="#schedule-7-paragraph-2-4">(4)</a>
,
<a href="#schedule-7-paragraph-2-6">(6)</a>
,
<a href="#schedule-7-paragraph-2-11">(11)</a>
or
<a href="#schedule-7-paragraph-2-13">(13)</a>
</p>
</intro>
<paragraph eId="schedule-7-paragraph-2-14-a">
<num>a</num>
<content>
<p>either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-2-14-b">
<num>b</num>
<content>
<p>a relevant devolved legislature resolves that an instrument be annulled,</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-15">
<num>15</num>
<intro>
<p>
In sub-paragraph
<a href="#schedule-7-paragraph-2-14">(14)</a>
“relevant devolved legislature” means—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-2-15-a">
<num>a</num>
<content>
<p>in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-2-15-b">
<num>b</num>
<content>
<p>in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-2-15-c">
<num>c</num>
<content>
<p>in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-16">
<num>16</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-2-14">(14)</a>
does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-2-17">
<num>17</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-7-paragraph-2-14">(14)</a>
and
<a href="#schedule-7-paragraph-2-15">(15)</a>
apply in place of provision made by any other enactment about the effect of such a resolution.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-3">
<num>3</num>
<heading>Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown</heading>
<subparagraph eId="schedule-7-paragraph-3-1">
<num>1</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-3-2">(2)</a>
applies if a Minister of the Crown who is to make a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-3">1(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-2">
<num>2</num>
<intro>
<p>The Minister may not make the instrument so that it is subject to that procedure unless—</p>
</intro>
<paragraph eId="schedule-7-paragraph-3-2-a">
<num>a</num>
<content>
<p>condition 1 is met, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-2-b">
<num>b</num>
<content>
<p>either condition 2 or 3 is met.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-3">
<num>3</num>
<intro>
<p>Condition 1 is that a Minister of the Crown—</p>
</intro>
<paragraph eId="schedule-7-paragraph-3-3-a">
<num>a</num>
<content>
<p>has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-3-b">
<num>b</num>
<intro>
<p>has laid before each House of Parliament—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-3-3-b-i">
<num>i</num>
<content>
<p>a draft of the instrument, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-3-b-ii">
<num>ii</num>
<content>
<p>a memorandum setting out the statement and the reasons for the Minister’s opinion.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-5">
<num>5</num>
<content>
<p>Condition 3 is that the relevant period has ended without condition 2 being met.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-6">
<num>6</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-3-7">(7)</a>
applies if—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-3-6-a">
<num>a</num>
<content>
<p>
a committee makes a recommendation as mentioned in sub-paragraph
<a href="#schedule-7-paragraph-3-4">(4)</a>
within the relevant period,
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-6-b">
<num>b</num>
<content>
<p>the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-6-c">
<num>c</num>
<content>
<p>the Minister who is to make the instrument is nevertheless 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.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-7">
<num>7</num>
<content>
<p>Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-8">
<num>8</num>
<content>
<p>
If the Minister fails to make a statement required by sub-paragraph
<a href="#schedule-7-paragraph-3-7">(7)</a>
before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-9">
<num>9</num>
<content>
<p>
A statement under sub-paragraph
<a href="#schedule-7-paragraph-3-7">(7)</a>
or
<a href="#schedule-7-paragraph-3-8">(8)</a>
must be made in writing and be published in such manner as the Minister making it considers appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-10">
<num>10</num>
<intro>
<p>In this paragraph “the relevant period” means the period—</p>
</intro>
<paragraph eId="schedule-7-paragraph-3-10-a">
<num>a</num>
<content>
<p>
beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph
<a href="#schedule-7-paragraph-3-3-b-i">(3)(b)(i)</a>
, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-10-b">
<num>b</num>
<intro>
<p>ending with whichever of the following is the later—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-3-10-b-i">
<num>i</num>
<content>
<p>the end of the period of 10 Commons sitting days beginning with that first day, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-10-b-ii">
<num>ii</num>
<content>
<p>the end of the period of 10 Lords sitting days beginning with that first day.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-11">
<num>11</num>
<intro>
<p>
For the purposes of sub-paragraph
<a href="#schedule-7-paragraph-3-10">(10)</a>
</p>
</intro>
<paragraph eId="schedule-7-paragraph-3-11-a">
<num>a</num>
<content>
<p>where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-11-b">
<num>b</num>
<content>
<p>“Commons sitting day” means a day on which the House of Commons is sitting, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-3-11-c">
<num>c</num>
<content>
<p>“Lords sitting day” means a day on which the House of Lords is sitting,</p>
</content>
</paragraph>
<wrapUp>
<p>
and, for the purposes of sub-paragraph
<a href="#schedule-7-paragraph-3-10">(10)</a>
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.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-12">
<num>12</num>
<content>
<p>
Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-3">1(3)</a>
applies is made that another procedure should apply in relation to the instrument (whether under paragraph
<a href="#schedule-7-paragraph-1-3">1(3)</a>
or
<a href="#schedule-7-paragraph-5">5</a>
).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-3-13">
<num>13</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-4">
<num>4</num>
<heading>Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers</heading>
<subparagraph eId="schedule-7-paragraph-4-1">
<num>1</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-4-2">(2)</a>
applies if the Welsh Ministers are to make a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-2">
<num>2</num>
<intro>
<p>The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—</p>
</intro>
<paragraph eId="schedule-7-paragraph-4-2-a">
<num>a</num>
<content>
<p>condition 1 is met, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-4-2-b">
<num>b</num>
<content>
<p>either condition 2 or 3 is met.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-3">
<num>3</num>
<intro>
<p>Condition 1 is that the Welsh Ministers—</p>
</intro>
<paragraph eId="schedule-7-paragraph-4-3-a">
<num>a</num>
<content>
<p>have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-4-3-b">
<num>b</num>
<intro>
<p>have laid before the Assembly—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-4-3-b-i">
<num>i</num>
<content>
<p>a draft of the instrument, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-3-b-ii">
<num>ii</num>
<content>
<p>a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-5">
<num>5</num>
<content>
<p>
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
<a href="#schedule-7-paragraph-4-3">(3)</a>
has ended without any recommendation being made as mentioned in sub-paragraph
<a href="#schedule-7-paragraph-4-4">(4)</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-6">
<num>6</num>
<intro>
<p>In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is—</p>
</intro>
<paragraph eId="schedule-7-paragraph-4-6-a">
<num>a</num>
<content>
<p>dissolved, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-4-6-b">
<num>b</num>
<content>
<p>in recess for more than four days.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-7">
<num>7</num>
<content>
<p>
Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
applies is made that another procedure should apply to the instrument (whether under paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
or 7).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-8">
<num>8</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-4-9">
<num>9</num>
<content>
<p>
The references in this paragraph to paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
do not include references to paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
as applied by paragraph
<a href="#schedule-7-paragraph-10-5">10(5)</a>
(for which see paragraph
<a href="#schedule-7-paragraph-18">18</a>
).
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-5">
<num>5</num>
<heading>Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown</heading>
<subparagraph eId="schedule-7-paragraph-5-1">
<num>1</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-5-2">(2)</a>
applies to—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-5-1-a">
<num>a</num>
<content>
<p>
a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-1">1(1)</a>
applies, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-5-1-b">
<num>b</num>
<content>
<p>
a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-3">1(3)</a>
applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-3">
<num>3</num>
<content>
<p>
After an instrument is made in accordance with sub-paragraph
<a href="#schedule-7-paragraph-5-2">(2)</a>
, it must be laid before each House of Parliament.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-4">
<num>4</num>
<content>
<p>
Regulations contained in an instrument made in accordance with sub-paragraph
<a href="#schedule-7-paragraph-5-2">(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-5">
<num>5</num>
<intro>
<p>In calculating the period of 28 days, no account is to be taken of any time during which—</p>
</intro>
<paragraph eId="schedule-7-paragraph-5-5-a">
<num>a</num>
<content>
<p>Parliament is dissolved or prorogued, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-5-5-b">
<num>b</num>
<content>
<p>either House of Parliament is adjourned for more than four days.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-6">
<num>6</num>
<intro>
<p>
If regulations cease to have effect as a result of sub-paragraph
<a href="#schedule-7-paragraph-5-4">(4)</a>
, that does not—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-5-6-a">
<num>a</num>
<content>
<p>affect the validity of anything previously done under the regulations, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-5-6-b">
<num>b</num>
<content>
<p>prevent the making of new regulations.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-7">
<num>7</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-5-8">(8)</a>
applies to a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-1-3">1(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-5-8">
<num>8</num>
<content>
<p>
Paragraph
<a href="#schedule-7-paragraph-3">3</a>
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.
</p>
</content>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e6156">
<heading>Scrutiny procedure in certain urgent deficiencies cases: devolved authorities</heading>
<paragraph eId="schedule-7-paragraph-6">
<num>6</num>
<subparagraph eId="schedule-7-paragraph-6-1">
<num>1</num>
<intro>
<p>This paragraph applies to—</p>
</intro>
<paragraph eId="schedule-7-paragraph-6-1-a">
<num>a</num>
<content>
<p>regulations to which paragraph 1(6) applies, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-6-1-b">
<num>b</num>
<content>
<p>regulations to which paragraph 1(7) applies which would not otherwise be made without being subject to the affirmative procedure.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-6-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-6-3">
<num>3</num>
<content>
<p>After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-6-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-6-5">
<num>5</num>
<intro>
<p>In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is—</p>
</intro>
<paragraph eId="schedule-7-paragraph-6-5-a">
<num>a</num>
<content>
<p>dissolved, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-6-5-b">
<num>b</num>
<content>
<p>in recess for more than four days.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-6-6">
<num>6</num>
<intro>
<p>If regulations cease to have effect as a result of sub-paragraph (4), that does not—</p>
</intro>
<paragraph eId="schedule-7-paragraph-6-6-a">
<num>a</num>
<content>
<p>affect the validity of anything previously done under the regulations, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-6-6-b">
<num>b</num>
<content>
<p>prevent the making of new regulations.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-6-7">
<num>7</num>
<content>
<p>
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
<a href="#schedule-7-paragraph-10-5">10(5)</a>
(for which see paragraph
<a href="#schedule-7-paragraph-19-7">19(7)</a>
).
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-7">
<num>7</num>
<subparagraph eId="schedule-7-paragraph-7-1">
<num>1</num>
<intro>
<p>Sub-paragraph (2) applies to—</p>
</intro>
<paragraph eId="schedule-7-paragraph-7-1-a">
<num>a</num>
<content>
<p>a statutory instrument to which paragraph 1(8) applies, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-7-1-b">
<num>b</num>
<content>
<p>a statutory instrument to which paragraph 1(9) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-3">
<num>3</num>
<content>
<p>After an instrument is made in accordance with sub-paragraph (2), it must be laid before the National Assembly for Wales.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-5">
<num>5</num>
<intro>
<p>In calculating the period of 28 days, no account is to be taken of any time during which the National Assembly for Wales is—</p>
</intro>
<paragraph eId="schedule-7-paragraph-7-5-a">
<num>a</num>
<content>
<p>dissolved, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-7-5-b">
<num>b</num>
<content>
<p>in recess for more than four days.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-6">
<num>6</num>
<intro>
<p>If regulations cease to have effect as a result of sub-paragraph (4), that does not—</p>
</intro>
<paragraph eId="schedule-7-paragraph-7-6-a">
<num>a</num>
<content>
<p>affect the validity of anything previously done under the regulations, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-7-6-b">
<num>b</num>
<content>
<p>prevent the making of new regulations.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-7">
<num>7</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-8">
<num>8</num>
<content>
<p>
Paragraph
<a href="#schedule-7-paragraph-4">4</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-7-9">
<num>9</num>
<content>
<p>
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
<a href="#schedule-7-paragraph-10-5">10(5)</a>
(for which see paragraph
<a href="#schedule-7-paragraph-19-7">19(7)</a>
).
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-8">
<num>8</num>
<subparagraph eId="schedule-7-paragraph-8-1">
<num>1</num>
<intro>
<p>This paragraph applies to—</p>
</intro>
<paragraph eId="schedule-7-paragraph-8-1-a">
<num>a</num>
<content>
<p>
regulations to which paragraph
<a href="#schedule-7-paragraph-1-11">1(11)</a>
applies, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-8-1-b">
<num>b</num>
<content>
<p>
regulations to which paragraph
<a href="#schedule-7-paragraph-1-12">1(12)</a>
applies which would not otherwise be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-8-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-8-3">
<num>3</num>
<content>
<p>After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-8-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-8-5">
<num>5</num>
<intro>
<p>In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is—</p>
</intro>
<paragraph eId="schedule-7-paragraph-8-5-a">
<num>a</num>
<content>
<p>dissolved,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-8-5-b">
<num>b</num>
<content>
<p>in recess for more than four days, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-8-5-c">
<num>c</num>
<content>
<p>adjourned for more than six days.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-8-6">
<num>6</num>
<intro>
<p>If regulations cease to have effect as a result of sub-paragraph (4), that does not—</p>
</intro>
<paragraph eId="schedule-7-paragraph-8-6-a">
<num>a</num>
<content>
<p>affect the validity of anything previously done under the regulations, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-8-6-b">
<num>b</num>
<content>
<p>prevent the making of new regulations.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-8-7">
<num>7</num>
<content>
<p>
The references in this paragraph to paragraph
<a href="#schedule-7-paragraph-1-11">1(11)</a>
or
<a href="#schedule-7-paragraph-1-12">(12)</a>
do not include references to paragraph
<a href="#schedule-7-paragraph-1-11">1(11)</a>
or
<a href="#schedule-7-paragraph-1-12">(12)</a>
as applied by paragraph
<a href="#schedule-7-paragraph-10-5">10(5)</a>
(for which see paragraph
<a href="#schedule-7-paragraph-19-7">19(7)</a>
).
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</part>
<part eId="schedule-7-part-2">
<num>Part 2</num>
<heading>Scrutiny of other powers under Act</heading>
<paragraph eId="schedule-7-paragraph-9">
<num>9</num>
<heading>
Power to enable challenges to validity of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law
</heading>
<subparagraph eId="schedule-7-paragraph-9-1">
<num>1</num>
<content>
<p>
A statutory instrument containing regulations under paragraph
<a href="#schedule-1-paragraph-1-2-b">1(2)(b)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-9-2">
<num>2</num>
<content>
<p>
This paragraph is subject to paragraph
<a href="#schedule-7-paragraph-19">19</a>
.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-10">
<num>10</num>
<heading>Power to implement withdrawal agreement</heading>
<subparagraph eId="schedule-7-paragraph-10-1">
<num>1</num>
<content>
<p>
A statutory instrument containing regulations under section 9 which contain provision falling within sub-paragraph
<a href="#schedule-7-paragraph-10-2">(2)</a>
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-10-2">
<num>2</num>
<intro>
<p>Provision falls within this sub-paragraph if it—</p>
</intro>
<paragraph eId="schedule-7-paragraph-10-2-a">
<num>a</num>
<content>
<p>
provides for any function of an
<abbr class="Acronym" title="European Union">EU</abbr>
entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-10-2-b">
<num>b</num>
<content>
<p>relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-10-2-c">
<num>c</num>
<content>
<p>creates, or widens the scope of, a criminal offence, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-10-2-d">
<num>d</num>
<content>
<p>creates or amends a power to legislate.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-10-3">
<num>3</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-10-4">
<num>4</num>
<content>
<p>
See paragraph
<a href="#schedule-7-paragraph-17">17</a>
for restrictions on the choice of procedure under sub-paragraph
<a href="#schedule-7-paragraph-10-3">(3)</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-10-5">
<num>5</num>
<content>
<p>
Paragraphs
<a href="#schedule-7-paragraph-1-6">1(6)</a>
to
<a href="#schedule-7-paragraph-1-13-a">(13)(a)</a>
and
<a href="#schedule-7-paragraph-2">2</a>
apply to regulations under Part
<a href="#schedule-2-part-2">2</a>
of Schedule 2 as they apply to regulations under Part
<a href="#schedule-2-part-1">1</a>
of that Schedule except that any reference to provision falling within paragraph
<a href="#schedule-7-paragraph-1-2">1(2)</a>
is to be read as a reference to any provision falling within sub-paragraph
<a href="#schedule-7-paragraph-10-2">(2)</a>
above.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-10-6">
<num>6</num>
<content>
<p>
This paragraph is subject to paragraph
<a href="#schedule-7-paragraph-19">19</a>
.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-11">
<num>11</num>
<heading>
Power to repeal provisions relating to retained
<abbr class="Acronym" title="European Union">EU</abbr>
law restrictions
</heading>
<content>
<p>
A statutory instrument containing regulations under section 12
<a href="#section-12-9">(9)</a>
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-12">
<num>12</num>
<heading>Powers in connection with fees and charges</heading>
<subparagraph eId="schedule-7-paragraph-12-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-12-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-12-3">
<num>3</num>
<content>
<p>
Paragraphs
<a href="#schedule-7-paragraph-1-6">1(6)</a>
to
<a href="#schedule-7-paragraph-1-13-a">(13)(a)</a>
and
<a href="#schedule-7-paragraph-2">2</a>
apply to regulations under Schedule 4 as they apply to regulations under Part
<a href="#schedule-2-part-1">1</a>
of Schedule
<a href="#schedule-2">2</a>
except that any reference to provision falling within paragraph
<a href="#schedule-7-paragraph-1-2">1(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-12-4">
<num>4</num>
<content>
<p>
This paragraph is subject to paragraph
<a href="#schedule-7-paragraph-19">19</a>
.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-13">
<num>13</num>
<heading>Power to make provision about judicial notice and admissibility</heading>
<content>
<p>
A statutory instrument containing regulations under paragraph
<a href="#schedule-5-paragraph-4">4</a>
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.
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-14">
<num>14</num>
<heading>Power to amend the definition of “exit day”</heading>
<content>
<p>
A statutory instrument containing regulations under section 20
<a href="#section-20-4">(4)</a>
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-15">
<num>15</num>
<heading>Power to make consequential provision</heading>
<subparagraph eId="schedule-7-paragraph-15-1">
<num>1</num>
<content>
<p>
A statutory instrument containing regulations under section 23
<a href="#section-23-1">(1)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-15-2">
<num>2</num>
<content>
<p>
See paragraph
<a href="#schedule-7-paragraph-17">17</a>
for restrictions on the choice of procedure under sub-paragraph
<a href="#schedule-7-paragraph-15-1">(1)</a>
.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-16">
<num>16</num>
<heading>Power to make transitional, transitory or saving provision</heading>
<subparagraph eId="schedule-7-paragraph-16-1">
<num>1</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-16-2">(2)</a>
applies if a Minister of the Crown who is to make regulations under section 23
<a href="#section-23-6">(6)</a>
considers that—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-16-1-a">
<num>a</num>
<content>
<p>it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-16-1-b">
<num>b</num>
<content>
<p>
it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph
<a href="#schedule-7-paragraph-16-2">(2)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-16-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-16-3">
<num>3</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-16-4">(4)</a>
applies if a Minister of the Crown who is to make regulations under section 23
<a href="#section-23-6">(6)</a>
considers that—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-16-3-a">
<num>a</num>
<content>
<p>it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-16-3-b">
<num>b</num>
<content>
<p>
it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph
<a href="#schedule-7-paragraph-16-4">(4)</a>
.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-16-4">
<num>4</num>
<content>
<p>The statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-17">
<num>17</num>
<heading>Parliamentary committee to sift certain implementation or consequential regulations of a Minister of the Crown</heading>
<subparagraph eId="schedule-7-paragraph-17-1">
<num>1</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-17-2">(2)</a>
applies if a Minister of the Crown who is to make a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-10-3">10(3)</a>
or
<a href="#schedule-7-paragraph-15">15</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-2">
<num>2</num>
<intro>
<p>The Minister may not make the instrument so that it is subject to that procedure unless—</p>
</intro>
<paragraph eId="schedule-7-paragraph-17-2-a">
<num>a</num>
<content>
<p>condition 1 is met, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-2-b">
<num>b</num>
<content>
<p>either condition 2 or 3 is met.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-3">
<num>3</num>
<intro>
<p>Condition 1 is that a Minister of the Crown—</p>
</intro>
<paragraph eId="schedule-7-paragraph-17-3-a">
<num>a</num>
<content>
<p>has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-3-b">
<num>b</num>
<intro>
<p>has laid before each House of Parliament—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-17-3-b-i">
<num>i</num>
<content>
<p>a draft of the instrument, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-3-b-ii">
<num>ii</num>
<content>
<p>a memorandum setting out the statement and the reasons for the Minister’s opinion.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-5">
<num>5</num>
<content>
<p>Condition 3 is that the relevant period has ended without condition 2 being met.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-6">
<num>6</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-17-7">(7)</a>
applies if—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-17-6-a">
<num>a</num>
<content>
<p>
a committee makes a recommendation as mentioned in sub-paragraph
<a href="#schedule-7-paragraph-17-4">(4)</a>
within the relevant period,
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-6-b">
<num>b</num>
<content>
<p>the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-6-c">
<num>c</num>
<content>
<p>the Minister who is to make the instrument is nevertheless 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.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-7">
<num>7</num>
<content>
<p>Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-8">
<num>8</num>
<content>
<p>
If the Minister fails to make a statement required by sub-paragraph
<a href="#schedule-7-paragraph-17-7">(7)</a>
before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-9">
<num>9</num>
<content>
<p>
A statement under sub-paragraph
<a href="#schedule-7-paragraph-17-7">(7)</a>
or
<a href="#schedule-7-paragraph-17-8">(8)</a>
must be made in writing and be published in such manner as the Minister making it considers appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-10">
<num>10</num>
<intro>
<p>In this paragraph “the relevant period” means the period—</p>
</intro>
<paragraph eId="schedule-7-paragraph-17-10-a">
<num>a</num>
<content>
<p>
beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House of Parliament as mentioned in sub-paragraph
<a href="#schedule-7-paragraph-17-3-b-i">(3)(b)(i)</a>
, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-10-b">
<num>b</num>
<intro>
<p>ending with whichever of the following is the later—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-17-10-b-i">
<num>i</num>
<content>
<p>the end of the period of 10 Commons sitting days beginning with that first day, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-10-b-ii">
<num>ii</num>
<content>
<p>the end of the period of 10 Lords sitting days beginning with that first day.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-11">
<num>11</num>
<intro>
<p>
For the purposes of sub-paragraph
<a href="#schedule-7-paragraph-17-10">(10)</a>
</p>
</intro>
<paragraph eId="schedule-7-paragraph-17-11-a">
<num>a</num>
<content>
<p>where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-11-b">
<num>b</num>
<content>
<p>“Commons sitting day” means a day on which the House of Commons is sitting, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-17-11-c">
<num>c</num>
<content>
<p>“Lords sitting day” means a day on which the House of Lords is sitting,</p>
</content>
</paragraph>
<wrapUp>
<p>
and, for the purposes of sub-paragraph
<a href="#schedule-7-paragraph-17-10">(10)</a>
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.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-12">
<num>12</num>
<content>
<p>
Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-10-3">10(3)</a>
or
<a href="#schedule-7-paragraph-15">15</a>
applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph
<a href="#schedule-7-paragraph-19">19</a>
).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-17-13">
<num>13</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-18">
<num>18</num>
<heading>Committee of the National Assembly for Wales to sift certain implementation regulations of Welsh Ministers</heading>
<intro>
<p>
Paragraph
<a href="#schedule-7-paragraph-4">4</a>
applies to regulations under Part
<a href="#schedule-2-part-2">2</a>
of Schedule 2 as it applies to regulations under Part 1 of that Schedule but as if—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-18-a">
<num>a</num>
<content>
<p>
the references to paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
were references to paragraph
<a href="#schedule-7-paragraph-1-9">1(9)</a>
as applied by paragraph
<a href="#schedule-7-paragraph-10-5">10(5)</a>
,
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-18-b">
<num>b</num>
<content>
<p>
the reference to paragraph
<a href="#schedule-7-paragraph-7">7</a>
were a reference to that paragraph as applied by paragraph
<a href="#schedule-7-paragraph-19-7">19(7)</a>
, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-18-c">
<num>c</num>
<content>
<p>
paragraph
<a href="#schedule-7-paragraph-4-9">4(9)</a>
were omitted.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-19">
<num>19</num>
<heading>Scrutiny procedure for certain powers to which this Part applies in urgent cases</heading>
<subparagraph eId="schedule-7-paragraph-19-1">
<num>1</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-19-2">(2)</a>
applies to—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-19-1-a">
<num>a</num>
<content>
<p>
a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-9-1">9(1)</a>
,
<a href="#schedule-7-paragraph-10-1">10(1)</a>
or
<a href="#schedule-7-paragraph-12-1">12(1)</a>
applies, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-19-1-b">
<num>b</num>
<content>
<p>
a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-10-3">10(3)</a>
,
<a href="#schedule-7-paragraph-12-2">12(2)</a>
or
<a href="#schedule-7-paragraph-15">15</a>
applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-3">
<num>3</num>
<content>
<p>
After an instrument is made in accordance with sub-paragraph
<a href="#schedule-7-paragraph-19-2">(2)</a>
, it must be laid before each House of Parliament.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-4">
<num>4</num>
<content>
<p>
Regulations contained in an instrument made in accordance with sub-paragraph
<a href="#schedule-7-paragraph-19-2">(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-5">
<num>5</num>
<intro>
<p>In calculating the period of 28 days, no account is to be taken of any time during which—</p>
</intro>
<paragraph eId="schedule-7-paragraph-19-5-a">
<num>a</num>
<content>
<p>Parliament is dissolved or prorogued, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-19-5-b">
<num>b</num>
<content>
<p>either House of Parliament is adjourned for more than four days.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-6">
<num>6</num>
<intro>
<p>
If regulations cease to have effect as a result of sub-paragraph
<a href="#schedule-7-paragraph-19-4">(4)</a>
, that does not—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-19-6-a">
<num>a</num>
<content>
<p>affect the validity of anything previously done under the regulations, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-19-6-b">
<num>b</num>
<content>
<p>prevent the making of new regulations.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-7">
<num>7</num>
<intro>
<p>
Paragraphs
<a href="#schedule-7-paragraph-6">6</a>
to
<a href="#schedule-7-paragraph-8">8</a>
apply to regulations under Part
<a href="#schedule-2-part-2">2</a>
of Schedule 2 as they apply to regulations under Part 1 of that Schedule but as if—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-19-7-a">
<num>a</num>
<content>
<p>
the references to paragraphs
<a href="#schedule-7-paragraph-1-6">1(6)</a>
,
<a href="#schedule-7-paragraph-1-7">(7)</a>
,
<a href="#schedule-7-paragraph-1-8">(8)</a>
,
<a href="#schedule-7-paragraph-1-9">(9)</a>
,
<a href="#schedule-7-paragraph-1-10">(10)</a>
or
<a href="#schedule-7-paragraph-1-11">(11)</a>
were references to those provisions as applied by paragraph
<a href="#schedule-7-paragraph-10-5">10(5)</a>
,
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-19-7-b">
<num>b</num>
<content>
<p>
the reference in paragraph
<a href="#schedule-7-paragraph-7-8">7(8)</a>
to paragraph
<a href="#schedule-7-paragraph-4">4</a>
were a reference to that paragraph as applied by paragraph
<a href="#schedule-7-paragraph-18">18</a>
, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-19-7-c">
<num>c</num>
<content>
<p>
paragraphs
<a href="#schedule-7-paragraph-6-7">6(7)</a>
,
<a href="#schedule-7-paragraph-7-9">7(9)</a>
and
<a href="#schedule-7-paragraph-8-7">8(7)</a>
were omitted.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-8">
<num>8</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-19-9">(9)</a>
applies to a statutory instrument to which paragraph
<a href="#schedule-7-paragraph-10-3">10(3)</a>
or
<a href="#schedule-7-paragraph-15">15</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-19-9">
<num>9</num>
<content>
<p>
Paragraph
<a href="#schedule-7-paragraph-17">17</a>
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.
</p>
</content>
</subparagraph>
</paragraph>
</part>
<part eId="schedule-7-part-3">
<num>Part 3</num>
<heading>General provision about powers under Act</heading>
<hcontainer name="P1group" eId="d4e7282">
<heading>Scope and nature of powers: general</heading>
<paragraph eId="schedule-7-paragraph-20">
<num>20</num>
<subparagraph eId="schedule-7-paragraph-20-1">
<num>1</num>
<intro>
<p>Any power to make regulations under this Act—</p>
</intro>
<paragraph eId="schedule-7-paragraph-20-1-a">
<num>a</num>
<content>
<p>so far as exercisable by a Minister of the Crown or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-20-1-b">
<num>b</num>
<content>
<p>so far as exercisable by the Welsh Ministers or by the Welsh Ministers acting jointly with a Minister of the Crown, is exercisable by statutory instrument, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-20-1-c">
<num>c</num>
<content>
<p>
so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the
<ref href="http://www.legislation.gov.uk/id/nisi/1979/1573">Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12))</ref>
(and not by statutory instrument).
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-20-2">
<num>2</num>
<content>
<p>
For regulations made under this Act by the Scottish Ministers, see also section 27 of the
<ref href="http://www.legislation.gov.uk/id/asp/2010/10">Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)</ref>
(Scottish statutory instruments).
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-21">
<num>21</num>
<intro>
<p>Any power to make regulations under this Act—</p>
</intro>
<paragraph eId="schedule-7-paragraph-21-a">
<num>a</num>
<intro>
<p>may be exercised so as to—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-21-a-i">
<num>i</num>
<content>
<p>
modify retained
<abbr class="Acronym" title="European Union">EU</abbr>
law, or
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-21-a-ii">
<num>ii</num>
<content>
<p>make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-21-b">
<num>b</num>
<content>
<p>
includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision (including provision re-stating any retained
<abbr class="Acronym" title="European Union">EU</abbr>
law in a clearer or more accessible way).
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-22">
<num>22</num>
<content>
<p>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.</p>
</content>
</paragraph>
</hcontainer>
<paragraph eId="schedule-7-paragraph-23">
<num>23</num>
<heading>Scope of consequential and transitional powers</heading>
<subparagraph eId="schedule-7-paragraph-23-1">
<num>1</num>
<content>
<p>
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
<a href="#section-23-1">(1)</a>
in consequence of any other provision made by or under this Act.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-23-2">
<num>2</num>
<content>
<p>
Accordingly, any retained
<abbr class="Acronym" title="European Union">EU</abbr>
law may, for example, be modified by regulations made under section 23
<a href="#section-23-1">(1)</a>
in consequence of the repeal of any enactment contained in the European Communities Act 1972.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-23-3">
<num>3</num>
<intro>
<p>
The power to make regulations under section 23
<a href="#section-23-6">(6)</a>
includes the power to make transitional, transitory or saving provision in connection with—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-23-3-a">
<num>a</num>
<content>
<p>the repeal of any enactment contained in the European Communities Act 1972, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-23-3-b">
<num>b</num>
<content>
<p>
the withdrawal of the United Kingdom from the
<abbr class="Acronym" title="European Union">EU</abbr>
,
</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-23-4">
<num>4</num>
<intro>
<p>
The power to make regulations under section 23
<a href="#section-23-1">(1)</a>
includes the power to make transitional, transitory or saving provision which—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-23-4-a">
<num>a</num>
<intro>
<p>is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-23-4-a-i">
<num>i</num>
<content>
<p>the repeal of any enactment contained in the European Communities Act 1972, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-23-4-a-ii">
<num>ii</num>
<content>
<p>
the withdrawal of the United Kingdom from the
<abbr class="Acronym" title="European Union">EU</abbr>
, and
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-23-4-b">
<num>b</num>
<content>
<p>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.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-23-5">
<num>5</num>
<content>
<p>
Provision of the kind mentioned in sub-paragraph
<a href="#schedule-7-paragraph-23-3">(3)</a>
or
<a href="#schedule-7-paragraph-23-4">(4)</a>
may (among other things) include further provision treating any provision of that kind as retained
<abbr class="Acronym" title="European Union">EU</abbr>
law for particular purposes or all purposes.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-24">
<num>24</num>
<heading>
Anticipatory exercise of powers in relation to retained
<abbr class="Acronym" title="European Union">EU</abbr>
law
</heading>
<content>
<p>
Any power to make regulations under this Act which modify retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4 or any other retained
<abbr class="Acronym" title="European Union">EU</abbr>
law is capable of being exercised before exit day so that the regulations come into force on or after exit day.
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-25">
<num>25</num>
<heading>Scope of appointed day powers</heading>
<content>
<p>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.</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-26">
<num>26</num>
<heading>Effect of certain provisions in Schedule 8 on scope of powers</heading>
<content>
<p>
The modifications made by Part
<a href="#schedule-8-part-1">1</a>
of Schedule 8 and paragraphs
<a href="#schedule-8-paragraph-18">18</a>
to
<a href="#schedule-8-paragraph-22">22</a>
and
<a href="#schedule-8-paragraph-31">31</a>
to
<a href="#schedule-8-paragraph-35">35</a>
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
<a href="#section-23-1">(1)</a>
or in any other regulations under this Act.
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-27">
<num>27</num>
<heading>Disapplication of certain review provisions</heading>
<content>
<p>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.</p>
</content>
</paragraph>
<hcontainer name="P1group" eId="d4e7539">
<heading>
Explanatory statements for certain powers: appropriateness, equalities
<abbr title="et cetera" xml:lang="la">etc.</abbr>
</heading>
<paragraph eId="schedule-7-paragraph-28">
<num>28</num>
<subparagraph eId="schedule-7-paragraph-28-1">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="schedule-7-paragraph-28-1-a">
<num>a</num>
<content>
<p>
a statutory instrument containing regulations under section 8
<a href="#section-8-1">(1)</a>
, 9 or 23
<a href="#section-23-1">(1)</a>
or paragraph
<a href="#schedule-2-paragraph-1-2">1(2)</a>
or
<a href="#schedule-2-paragraph-12-2">12(2)</a>
of Schedule 2, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-28-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before each House of Parliament.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-3">
<num>3</num>
<intro>
<p>Before the instrument or draft is laid, the relevant Minister must make a statement as to why, in the Minister’s opinion—</p>
</intro>
<paragraph eId="schedule-7-paragraph-28-3-a">
<num>a</num>
<content>
<p>there are good reasons for the instrument or draft, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-28-3-b">
<num>b</num>
<content>
<p>the provision made by the instrument or draft is a reasonable course of action.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-4">
<num>4</num>
<intro>
<p>Before the instrument or draft is laid, the relevant Minister must make a statement—</p>
</intro>
<paragraph eId="schedule-7-paragraph-28-4-a">
<num>a</num>
<content>
<p>as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-28-4-b">
<num>b</num>
<content>
<p>if it does, explaining the effect of each such amendment, repeal or revocation.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-5">
<num>5</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-6">
<num>6</num>
<intro>
<p>Before the instrument or draft is laid, the relevant Minister must make a statement otherwise explaining—</p>
</intro>
<paragraph eId="schedule-7-paragraph-28-6-a">
<num>a</num>
<content>
<p>the instrument or draft,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-28-6-b">
<num>b</num>
<content>
<p>its purpose,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-28-6-c">
<num>c</num>
<content>
<p>the law before exit day which is relevant to it, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-28-6-d">
<num>d</num>
<content>
<p>
its effect (if any) on retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-7">
<num>7</num>
<content>
<p>
Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph
<a href="#schedule-7-paragraph-28-3">(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-8">
<num>8</num>
<content>
<p>
If the relevant Minister fails to make a statement required by sub-paragraph
<a href="#schedule-7-paragraph-28-2">(2)</a>
,
<a href="#schedule-7-paragraph-28-3">(3)</a>
,
<a href="#schedule-7-paragraph-28-4">(4)</a>
,
<a href="#schedule-7-paragraph-28-5">(5)</a>
or
<a href="#schedule-7-paragraph-28-6">(6)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-9">
<num>9</num>
<content>
<p>
A statement under sub-paragraph
<a href="#schedule-7-paragraph-28-2">(2)</a>
,
<a href="#schedule-7-paragraph-28-3">(3)</a>
,
<a href="#schedule-7-paragraph-28-4">(4)</a>
,
<a href="#schedule-7-paragraph-28-5">(5)</a>
,
<a href="#schedule-7-paragraph-28-6">(6)</a>
or
<a href="#schedule-7-paragraph-28-8">(8)</a>
must be made in writing and be published in such manner as the Minister making it considers appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-10">
<num>10</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-11">
<num>11</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-28-12">
<num>12</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>“equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts;</p>
</item>
<item>
<p>“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument.</p>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-29">
<num>29</num>
<subparagraph eId="schedule-7-paragraph-29-1">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="schedule-7-paragraph-29-1-a">
<num>a</num>
<content>
<p>
a Scottish statutory instrument containing regulations under Part 1 or
<a href="#schedule-2-part-2">2</a>
of Schedule 2, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-29-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before the Scottish Parliament.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-3">
<num>3</num>
<intro>
<p>Before the instrument or draft is laid, the Scottish Ministers must make a statement as to why, in the Scottish Ministers’ opinion—</p>
</intro>
<paragraph eId="schedule-7-paragraph-29-3-a">
<num>a</num>
<content>
<p>there are good reasons for the instrument or draft, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-29-3-b">
<num>b</num>
<content>
<p>the provision made by the instrument or draft is a reasonable course of action.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-4">
<num>4</num>
<intro>
<p>Before the instrument or draft is laid, the Scottish Ministers must make a statement—</p>
</intro>
<paragraph eId="schedule-7-paragraph-29-4-a">
<num>a</num>
<content>
<p>as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-29-4-b">
<num>b</num>
<content>
<p>if it does, explaining the effect of each such amendment, repeal or revocation.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-5">
<num>5</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-6">
<num>6</num>
<intro>
<p>Before the instrument or draft is laid, the Scottish Ministers must make a statement otherwise explaining—</p>
</intro>
<paragraph eId="schedule-7-paragraph-29-6-a">
<num>a</num>
<content>
<p>the instrument or draft,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-29-6-b">
<num>b</num>
<content>
<p>its purpose,</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-29-6-c">
<num>c</num>
<content>
<p>the law before exit day which is relevant to it, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-29-6-d">
<num>d</num>
<content>
<p>
its effect (if any) on retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-7">
<num>7</num>
<content>
<p>
Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph
<a href="#schedule-7-paragraph-29-3">(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-8">
<num>8</num>
<content>
<p>
If the Scottish Ministers fail to make a statement required by sub-paragraph
<a href="#schedule-7-paragraph-29-2">(2)</a>
,
<a href="#schedule-7-paragraph-29-3">(3)</a>
,
<a href="#schedule-7-paragraph-29-4">(4)</a>
,
<a href="#schedule-7-paragraph-29-5">(5)</a>
or
<a href="#schedule-7-paragraph-29-6">(6)</a>
before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-9">
<num>9</num>
<content>
<p>
A statement under sub-paragraph
<a href="#schedule-7-paragraph-29-2">(2)</a>
,
<a href="#schedule-7-paragraph-29-3">(3)</a>
,
<a href="#schedule-7-paragraph-29-4">(4)</a>
,
<a href="#schedule-7-paragraph-29-5">(5)</a>
,
<a href="#schedule-7-paragraph-29-6">(6)</a>
or
<a href="#schedule-7-paragraph-29-8">(8)</a>
must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-29-10">
<num>10</num>
<content>
<p>In this paragraph “equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e7913">
<heading>Further explanatory statements in certain sub-delegation cases</heading>
<paragraph eId="schedule-7-paragraph-30">
<num>30</num>
<subparagraph eId="schedule-7-paragraph-30-1">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="schedule-7-paragraph-30-1-a">
<num>a</num>
<content>
<p>
a statutory instrument containing regulations under section 8
<a href="#section-8-1">(1)</a>
or 9 or paragraph
<a href="#schedule-4-paragraph-1">1</a>
of Schedule 4 which create a relevant sub-delegated power, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-30-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before each House of Parliament.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-30-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-30-3">
<num>3</num>
<content>
<p>
If the relevant Minister fails to make a statement required by sub-paragraph
<a href="#schedule-7-paragraph-30-2">(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-30-4">
<num>4</num>
<content>
<p>
A statement under sub-paragraph
<a href="#schedule-7-paragraph-30-2">(2)</a>
or
<a href="#schedule-7-paragraph-30-3">(3)</a>
must be made in writing and be published in such manner as the Minister making it considers appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-30-5">
<num>5</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-7-paragraph-28-10">(10)</a>
and
<a href="#schedule-7-paragraph-28-11">(11)</a>
of paragraph
<a href="#schedule-7-paragraph-28">28</a>
apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-30-6">
<num>6</num>
<intro>
<p>For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—</p>
</intro>
<paragraph eId="schedule-7-paragraph-30-6-a">
<num>a</num>
<content>
<p>
amending a power to legislate which is exercisable by statutory instrument by a relevant
<abbr class="Acronym" title="United Kingdom">UK</abbr>
authority so that it becomes a relevant sub-delegated power, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-30-6-b">
<num>b</num>
<content>
<p>
providing for any function of an
<abbr class="Acronym" title="European Union">EU</abbr>
entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-30-7">
<num>7</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument;</p>
</item>
<item>
<p>“relevant sub-delegated power” means a power to legislate which—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>is not exercisable by any of the following—</p>
<blockList class="ordered">
<item>
<num>i</num>
<p>statutory instrument,</p>
</item>
<item>
<num>ii</num>
<p>Scottish statutory instrument, or</p>
</item>
<item>
<num>iii</num>
<p>statutory rule, or</p>
</item>
</blockList>
</item>
<item>
<num>b</num>
<p>
is so exercisable by a public authority other than a relevant
<abbr class="Acronym" title="United Kingdom">UK</abbr>
authority;
</p>
</item>
</blockList>
</item>
<item>
<p>
“relevant
<abbr class="Acronym" title="United Kingdom">UK</abbr>
authority” means a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority.
</p>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-31">
<num>31</num>
<subparagraph eId="schedule-7-paragraph-31-1">
<num>1</num>
<intro>
<p>This paragraph applies where—</p>
</intro>
<paragraph eId="schedule-7-paragraph-31-1-a">
<num>a</num>
<content>
<p>
a Scottish statutory instrument containing regulations under Part 1 or
<a href="#schedule-2-part-2">2</a>
of Schedule 2 or paragraph
<a href="#schedule-4-paragraph-1">1</a>
of Schedule 4 which create a relevant sub-delegated power, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-31-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before the Scottish Parliament.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-31-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-31-3">
<num>3</num>
<content>
<p>
If the Scottish Ministers fail to make a statement required by sub-paragraph
<a href="#schedule-7-paragraph-31-2">(2)</a>
before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-31-4">
<num>4</num>
<content>
<p>
A statement under sub-paragraph
<a href="#schedule-7-paragraph-31-2">(2)</a>
or
<a href="#schedule-7-paragraph-31-3">(3)</a>
must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-31-5">
<num>5</num>
<intro>
<p>For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—</p>
</intro>
<paragraph eId="schedule-7-paragraph-31-5-a">
<num>a</num>
<content>
<p>amending a power to legislate which is exercisable by Scottish statutory instrument by a member of the Scottish Government so that it becomes a relevant sub-delegated power, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-31-5-b">
<num>b</num>
<content>
<p>
providing for any function of an
<abbr class="Acronym" title="European Union">EU</abbr>
entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-31-6">
<num>6</num>
<intro>
<p>In this paragraph “relevant sub-delegated power” means a power to legislate which—</p>
</intro>
<paragraph eId="schedule-7-paragraph-31-6-a">
<num>a</num>
<content>
<p>is not exercisable by Scottish statutory instrument, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-31-6-b">
<num>b</num>
<content>
<p>is so exercisable by a public authority other than a member of the Scottish Government.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e8155">
<heading>Annual reports in certain sub-delegation cases</heading>
<paragraph eId="schedule-7-paragraph-32">
<num>32</num>
<subparagraph eId="schedule-7-paragraph-32-1">
<num>1</num>
<intro>
<p>
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
<a href="#section-8-1">(1)</a>
or 9 or paragraph
<a href="#schedule-4-paragraph-1">1</a>
of Schedule 4 must—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-32-1-a">
<num>a</num>
<content>
<p>if the power has been exercised during a relevant year, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-32-1-b">
<num>b</num>
<content>
<p>as soon as practicable after the end of the year,</p>
</content>
</paragraph>
<wrapUp>
<p>prepare a report on how the power has been exercised during the year.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-32-2">
<num>2</num>
<intro>
<p>The person must—</p>
</intro>
<paragraph eId="schedule-7-paragraph-32-2-a">
<num>a</num>
<content>
<p>lay the report before each House of Parliament, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-32-2-b">
<num>b</num>
<intro>
<p>once laid—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-32-2-b-i">
<num>i</num>
<content>
<p>provide a copy of it to a Minister of the Crown, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-32-2-b-ii">
<num>ii</num>
<content>
<p>publish it in such manner as the person considers appropriate.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-32-3">
<num>3</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>
“relevant sub-delegated power” has the same meaning as in paragraph
<a href="#schedule-7-paragraph-30">30</a>
;
</p>
</item>
<item>
<p>“relevant year” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and</p>
</item>
<item>
<num>b</num>
<p>in any other case, the calendar year.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-33">
<num>33</num>
<subparagraph eId="schedule-7-paragraph-33-1">
<num>1</num>
<intro>
<p>
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
<a href="#schedule-2-part-2">2</a>
of Schedule 2 or paragraph 1 of Schedule 4 must—
</p>
</intro>
<paragraph eId="schedule-7-paragraph-33-1-a">
<num>a</num>
<content>
<p>if the power has been exercised during a relevant year, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-33-1-b">
<num>b</num>
<content>
<p>as soon as practicable after the end of the year,</p>
</content>
</paragraph>
<wrapUp>
<p>prepare a report on how the power has been exercised during the year.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-33-2">
<num>2</num>
<intro>
<p>The person must—</p>
</intro>
<paragraph eId="schedule-7-paragraph-33-2-a">
<num>a</num>
<content>
<p>lay the report before the Scottish Parliament, and</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-33-2-b">
<num>b</num>
<intro>
<p>once laid—</p>
</intro>
<subparagraph eId="schedule-7-paragraph-33-2-b-i">
<num>i</num>
<content>
<p>send a copy of it to the Scottish Ministers, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-33-2-b-ii">
<num>ii</num>
<content>
<p>publish it in such manner as the person considers appropriate.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-33-3">
<num>3</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>
“relevant sub-delegated power” has the same meaning as in paragraph
<a href="#schedule-7-paragraph-31">31</a>
;
</p>
</item>
<item>
<p>“relevant year” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and</p>
</item>
<item>
<num>b</num>
<p>in any other case, the calendar year.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e8330">
<heading>Further explanatory statements in urgency cases</heading>
<paragraph eId="schedule-7-paragraph-34">
<num>34</num>
<subparagraph eId="schedule-7-paragraph-34-1">
<num>1</num>
<content>
<p>
This paragraph applies where a statutory instrument containing regulations under this Act is to be made by virtue of paragraph
<a href="#schedule-7-paragraph-5-2">5(2)</a>
or
<a href="#schedule-7-paragraph-19-2">19(2)</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-34-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-34-3">
<num>3</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-34-4">
<num>4</num>
<intro>
<p>If the Minister—</p>
</intro>
<paragraph eId="schedule-7-paragraph-34-4-a">
<num>a</num>
<content>
<p>fails to make the statement required by sub-paragraph (2) before the instrument is made, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-34-4-b">
<num>b</num>
<content>
<p>fails to publish it as required by sub-paragraph (3),</p>
</content>
</paragraph>
<wrapUp>
<p>a Minister of the Crown must make a statement explaining the failure.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-34-5">
<num>5</num>
<content>
<p>A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-34-6">
<num>6</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-35">
<num>35</num>
<subparagraph eId="schedule-7-paragraph-35-1">
<num>1</num>
<content>
<p>
This paragraph applies where regulations are to be made by the Scottish Ministers under this Act by virtue of paragraph
<a href="#schedule-7-paragraph-6-2">6(2)</a>
(whether or not as applied by paragraph
<a href="#schedule-7-paragraph-19-7">19(7)</a>
).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-35-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-35-3">
<num>3</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-35-4">
<num>4</num>
<intro>
<p>If the Scottish Ministers—</p>
</intro>
<paragraph eId="schedule-7-paragraph-35-4-a">
<num>a</num>
<content>
<p>fail to make the statement required by sub-paragraph (2) before the regulations are made, or</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-35-4-b">
<num>b</num>
<content>
<p>fail to publish it as required by sub-paragraph (3),</p>
</content>
</paragraph>
<wrapUp>
<p>they must make a statement explaining the failure.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-35-5">
<num>5</num>
<content>
<p>A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<paragraph eId="schedule-7-paragraph-36">
<num>36</num>
<heading>Hybrid instruments</heading>
<content>
<p>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.</p>
</content>
</paragraph>
<paragraph eId="schedule-7-paragraph-37">
<num>37</num>
<heading>Procedure on re-exercise of certain powers</heading>
<subparagraph eId="schedule-7-paragraph-37-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-37-2">
<num>2</num>
<content>
<p>
For the purposes of sub-paragraph (1) in its application to regulations under section 23
<a href="#section-23-6">(6)</a>
no procedure is also a procedure.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-7-paragraph-38">
<num>38</num>
<heading>Combinations of instruments</heading>
<subparagraph eId="schedule-7-paragraph-38-1">
<num>1</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-7-paragraph-38-2">(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-38-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-38-3">
<num>3</num>
<content>
<p>
Where regulations are included as mentioned in sub-paragraph
<a href="#schedule-7-paragraph-38-2">(2)</a>
, the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph
<a href="#schedule-7-paragraph-38-1">(1)</a>
and not the procedure mentioned in sub-paragraph
<a href="#schedule-7-paragraph-38-2">(2)</a>
.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-38-4">
<num>4</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-7-paragraph-38-1">(1)</a>
to
<a href="#schedule-7-paragraph-38-3">(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-38-5">
<num>5</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-7-paragraph-38-1">(1)</a>
to
<a href="#schedule-7-paragraph-38-3">(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-38-6">
<num>6</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-7-paragraph-38-1">(1)</a>
to
<a href="#schedule-7-paragraph-38-3">(3)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-7-paragraph-38-7">
<num>7</num>
<content>
<p>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).</p>
</content>
</subparagraph>
</paragraph>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-8">
<num>
SCHEDULE 8
<authorialNote class="referenceNote" placement="right">
<p>Section 23(5) and (7)</p>
</authorialNote>
</num>
<heading>Consequential, transitional, transitory and saving provision</heading>
<part eId="schedule-8-part-1">
<num>Part 1</num>
<heading>General consequential provision</heading>
<paragraph eId="schedule-8-paragraph-1">
<num>1</num>
<heading>
Existing ambulatory references to retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation
</heading>
<subparagraph eId="schedule-8-paragraph-1-1">
<num>1</num>
<intro>
<p>Any reference which, immediately before exit day—</p>
</intro>
<paragraph eId="schedule-8-paragraph-1-1-a">
<num>a</num>
<intro>
<p>exists in—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-1-1-a-i">
<num>i</num>
<content>
<p>any enactment,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-1-1-a-ii">
<num>ii</num>
<content>
<p>
any
<abbr class="Acronym" title="European Union">EU</abbr>
regulation,
<abbr class="Acronym" title="European Union">EU</abbr>
decision,
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation or provision of the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement which is to form part of domestic law by virtue of section 3, or
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-1-1-a-iii">
<num>iii</num>
<content>
<p>
any document relating to anything falling within sub-paragraph
<a href="#schedule-8-paragraph-1-1-a-i">(i)</a>
or
<a href="#schedule-8-paragraph-1-1-a-ii">(ii)</a>
, and
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-1-1-b">
<num>b</num>
<content>
<p>
is a reference to (as it has effect from time to time) any
<abbr class="Acronym" title="European Union">EU</abbr>
regulation,
<abbr class="Acronym" title="European Union">EU</abbr>
decision,
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation or provision of the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement which is to form part of domestic law by virtue of section 3,
</p>
</content>
</paragraph>
<wrapUp>
<p>
is to be read, on or after exit day, as a reference to the
<abbr class="Acronym" title="European Union">EU</abbr>
regulation,
<abbr class="Acronym" title="European Union">EU</abbr>
decision,
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation or provision of the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
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.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-1-2">
<num>2</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-8-paragraph-1-1">(1)</a>
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—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-1-2-a">
<num>a</num>
<content>
<p>continues to be part of domestic law by virtue of section 2, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-1-2-b">
<num>b</num>
<content>
<p>is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-1-3">
<num>3</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-8-paragraph-1-1">(1)</a>
and
<a href="#schedule-8-paragraph-1-2">(2)</a>
are subject to any other provision made by or under this Act or any other enactment.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-2">
<num>2</num>
<heading>Other existing ambulatory references</heading>
<subparagraph eId="schedule-8-paragraph-2-1">
<num>1</num>
<intro>
<p>Any reference which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-2-1-a">
<num>a</num>
<intro>
<p>exists, immediately before exit day, in—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-2-1-a-i">
<num>i</num>
<content>
<p>any enactment,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-2-1-a-ii">
<num>ii</num>
<content>
<p>
any
<abbr class="Acronym" title="European Union">EU</abbr>
regulation,
<abbr class="Acronym" title="European Union">EU</abbr>
decision,
<abbr class="Acronym" title="European Union">EU</abbr>
tertiary legislation or provision of the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement which is to form part of domestic law by virtue of section 3, or
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-2-1-a-iii">
<num>iii</num>
<content>
<p>
any document relating to anything falling within sub-paragraph
<a href="#schedule-8-paragraph-2-1-a-i">(i)</a>
or
<a href="#schedule-8-paragraph-2-1-a-ii">(ii)</a>
,
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-2-1-b">
<num>b</num>
<content>
<p>
is not a reference to which paragraph
<a href="#schedule-8-paragraph-1-1">1(1)</a>
applies, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-2-1-c">
<num>c</num>
<content>
<p>
is, immediately before exit day, a reference to (as it has effect from time to time) any of the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties, any
<abbr class="Acronym" title="European Union">EU</abbr>
instrument or any other document of an
<abbr class="Acronym" title="European Union">EU</abbr>
entity,
</p>
</content>
</paragraph>
<wrapUp>
<p>
is to be read, on or after exit day, as a reference to the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaty, instrument or document as it has effect immediately before exit day.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-2-2">
<num>2</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-8-paragraph-2-1">(1)</a>
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—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-2-2-a">
<num>a</num>
<content>
<p>continues to be part of domestic law by virtue of section 2, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-2-2-b">
<num>b</num>
<content>
<p>is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-2-3">
<num>3</num>
<content>
<p>
Sub-paragraphs
<a href="#schedule-8-paragraph-2-1">(1)</a>
and
<a href="#schedule-8-paragraph-2-2">(2)</a>
are subject to any other provision made by or under this Act or any other enactment.
</p>
</content>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e8811">
<heading>
Existing powers to make subordinate legislation
<abbr title="et cetera" xml:lang="la">etc.</abbr>
</heading>
<paragraph eId="schedule-8-paragraph-3">
<num>3</num>
<subparagraph eId="schedule-8-paragraph-3-1">
<num>1</num>
<intro>
<p>Any power to make, confirm or approve subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-3-1-a">
<num>a</num>
<content>
<p>was conferred before the day on which this Act is passed, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-3-1-b">
<num>b</num>
<content>
<p>is 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 primary legislation,</p>
</content>
</paragraph>
<wrapUp>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-3-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-4">
<num>4</num>
<subparagraph eId="schedule-8-paragraph-4-1">
<num>1</num>
<intro>
<p>Any subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-1-a">
<num>a</num>
<content>
<p>is, or is to be, made, confirmed or approved by virtue of paragraph 3, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-1-b">
<num>b</num>
<content>
<p>
amends or revokes any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation,
</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-2">
<num>2</num>
<intro>
<p>Any subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-2-a">
<num>a</num>
<content>
<p>is, or is to be, made, confirmed or approved by virtue of paragraph 3, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-2-b">
<num>b</num>
<intro>
<p>either—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-4-2-b-i">
<num>i</num>
<content>
<p>
modifies (otherwise than as a connected modification and otherwise than by way of amending or revoking it) any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, or
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-2-b-ii">
<num>ii</num>
<content>
<p>
modifies (otherwise than as a connected modification) anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4,
</p>
</content>
</subparagraph>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-3">
<num>3</num>
<intro>
<p>Any subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-3-a">
<num>a</num>
<content>
<p>is, or is to be, made, confirmed or approved by virtue of paragraph 3, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-3-b">
<num>b</num>
<content>
<p>
amends or revokes any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation,
</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-4">
<num>4</num>
<intro>
<p>Any subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-4-a">
<num>a</num>
<content>
<p>is, or is to be, made, confirmed or approved by virtue of paragraph 3, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-4-b">
<num>b</num>
<content>
<p>
modifies (otherwise than as a connected modification and otherwise than by way of amending or revoking it) any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation,
</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-5">
<num>5</num>
<intro>
<p>Any subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-5-a">
<num>a</num>
<content>
<p>is, or is to be, made, confirmed or approved by virtue of paragraph 3, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-5-b">
<num>b</num>
<content>
<p>
modifies as a connected modification any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4,
</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-6">
<num>6</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-7">
<num>7</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-8">
<num>8</num>
<intro>
<p>The order of procedures is as follows (the highest first)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-8-a">
<num>a</num>
<content>
<p>a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-8-b">
<num>b</num>
<content>
<p>a procedure which requires the approval of the instrument in draft before it is made,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-8-c">
<num>c</num>
<content>
<p>a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-8-d">
<num>d</num>
<content>
<p>a procedure which provides for the annulment of the instrument after it is made,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-8-e">
<num>e</num>
<content>
<p>a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-8-f">
<num>f</num>
<content>
<p>no procedure.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-9">
<num>9</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-4-10">
<num>10</num>
<intro>
<p>In this paragraph “connected modification” means a modification which is supplementary, incidental, consequential, transitional or transitory, or a saving, in connection with—</p>
</intro>
<paragraph eId="schedule-8-paragraph-4-10-a">
<num>a</num>
<content>
<p>
another modification under the power of retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-4-10-b">
<num>b</num>
<content>
<p>anything else done under the power.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-5">
<num>5</num>
<subparagraph eId="schedule-8-paragraph-5-1">
<num>1</num>
<intro>
<p>This paragraph applies to any power to make, confirm or approve subordinate legislation—</p>
</intro>
<paragraph eId="schedule-8-paragraph-5-1-a">
<num>a</num>
<content>
<p>which was conferred before the day on which this Act is passed, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-5-1-b">
<num>b</num>
<content>
<p>is not capable of being exercised as mentioned in paragraph 3(1)(b) or is only capable of being so exercised in relation to Northern Ireland legislation which is an Order in Council.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-5-2">
<num>2</num>
<intro>
<p>Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) is to be read—</p>
</intro>
<paragraph eId="schedule-8-paragraph-5-2-a">
<num>a</num>
<content>
<p>
so far as is consistent with any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-5-2-b">
<num>b</num>
<content>
<p>so far as the context permits or requires,</p>
</content>
</paragraph>
<wrapUp>
<p>
as being capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-5-3">
<num>3</num>
<intro>
<p>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)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-5-3-a">
<num>a</num>
<content>
<p>
any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-5-3-b">
<num>b</num>
<content>
<p>
anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4,
</p>
</content>
</paragraph>
<wrapUp>
<p>
so far as the modification is supplementary, incidental or consequential in connection with any modification of any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation by virtue of sub-paragraph (2).
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-5-4">
<num>4</num>
<intro>
<p>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)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-5-4-a">
<num>a</num>
<content>
<p>
any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-5-4-b">
<num>b</num>
<content>
<p>
anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4.
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-6">
<num>6</num>
<content>
<p>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.</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-7">
<num>7</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law is to be read on or after exit day without that restriction or any corresponding restriction in relation to compatibility with retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-8">
<num>8</num>
<subparagraph eId="schedule-8-paragraph-8-1">
<num>1</num>
<intro>
<p>Paragraphs 3 to 7 and this paragraph—</p>
</intro>
<paragraph eId="schedule-8-paragraph-8-1-a">
<num>a</num>
<content>
<p>do not prevent the conferral of wider powers,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-8-1-b">
<num>b</num>
<content>
<p>do not apply so far as section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or section 24(3) of the Northern Ireland Act 1998 applies (or would apply when in force on and after exit day), and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-8-1-c">
<num>c</num>
<content>
<p>are subject to any other provision made by or under this Act or any other enactment.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-8-2">
<num>2</num>
<intro>
<p>For the purposes of paragraphs 3 and 5—</p>
</intro>
<paragraph eId="schedule-8-paragraph-8-2-a">
<num>a</num>
<content>
<p>a power is conferred whether or not it is in force, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-8-2-b">
<num>b</num>
<content>
<p>
a power in retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation is not conferred before the day on which this Act is passed.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-8-3">
<num>3</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law is capable of being so exercised before exit day so as to come into force on or after exit day.
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<paragraph eId="schedule-8-paragraph-9">
<num>9</num>
<heading>Review provisions in existing subordinate legislation</heading>
<subparagraph eId="schedule-8-paragraph-9-1">
<num>1</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
obligation is implemented elsewhere than in the United Kingdom.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-9-2">
<num>2</num>
<content>
<p>In this paragraph—</p>
<blockList class="unordered">
<item>
<p>
“former
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” means an obligation by which the United Kingdom is, as a result of the United Kingdom’s withdrawal from the
<abbr class="Acronym" title="European Union">EU</abbr>
, no longer bound at the time of the review;
</p>
</item>
<item>
<p>“pre-exit enactment” means an Act passed, or subordinate legislation made, before exit day;</p>
</item>
<item>
<p>“subordinate legislation” does not include an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales.</p>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e9294">
<heading>Future powers to make subordinate legislation</heading>
<paragraph eId="schedule-8-paragraph-10">
<num>10</num>
<subparagraph eId="schedule-8-paragraph-10-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-10-2">
<num>2</num>
<intro>
<p>Any power to which this paragraph applies (other than a power to which sub-paragraph (4) applies) may—</p>
</intro>
<paragraph eId="schedule-8-paragraph-10-2-a">
<num>a</num>
<content>
<p>
so far as is consistent with any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation or anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-10-2-b">
<num>b</num>
<content>
<p>so far as applicable and unless the contrary intention appears,</p>
</content>
</paragraph>
<wrapUp>
<p>
be exercised to modify (or, as the case may be, result in the modification of) any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation.
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-10-3">
<num>3</num>
<intro>
<p>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)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-10-3-a">
<num>a</num>
<content>
<p>
any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-10-3-b">
<num>b</num>
<content>
<p>
anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4,
</p>
</content>
</paragraph>
<wrapUp>
<p>
so far as the modification is supplementary, incidental or consequential in connection with any modification of any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation by virtue of sub-paragraph (2).
</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-10-4">
<num>4</num>
<intro>
<p>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)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-10-4-a">
<num>a</num>
<content>
<p>
any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-10-4-b">
<num>b</num>
<content>
<p>
anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4.
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-11">
<num>11</num>
<subparagraph eId="schedule-8-paragraph-11-1">
<num>1</num>
<intro>
<p>Sub-paragraph (2) applies to any power to make, confirm or approve subordinate legislation which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-11-1-a">
<num>a</num>
<content>
<p>is conferred on or after the day on which this Act is passed, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-11-1-b">
<num>b</num>
<content>
<p>
is capable of being exercised to amend or revoke (or, as the case may be, result in the amendment or revocation of) any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-11-2">
<num>2</num>
<intro>
<p>The power may, so far as applicable and unless the contrary intention appears, be exercised—</p>
</intro>
<paragraph eId="schedule-8-paragraph-11-2-a">
<num>a</num>
<content>
<p>
to modify otherwise than by way of amendment or revocation (or, as the case may be, result in such modification of) any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-11-2-b">
<num>b</num>
<content>
<p>
to modify (or, as the case may be, result in the modification of) anything which is retained
<abbr class="Acronym" title="European Union">EU</abbr>
law by virtue of section 4.
</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-12">
<num>12</num>
<subparagraph eId="schedule-8-paragraph-12-1">
<num>1</num>
<intro>
<p>Paragraphs 10 and 11 and this paragraph—</p>
</intro>
<paragraph eId="schedule-8-paragraph-12-1-a">
<num>a</num>
<content>
<p>do not prevent the conferral of wider powers,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-12-1-b">
<num>b</num>
<content>
<p>do not apply so far as section 57(4) of the Scotland Act 1998, section 80(8) of the Government of Wales Act 2006 or section 24(3) of the Northern Ireland Act 1998 applies (or would apply when in force on and after exit day), and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-12-1-c">
<num>c</num>
<content>
<p>are subject to any other provision made by or under this Act or any other enactment.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-12-2">
<num>2</num>
<intro>
<p>For the purposes of paragraphs 10 and 11—</p>
</intro>
<paragraph eId="schedule-8-paragraph-12-2-a">
<num>a</num>
<content>
<p>a power is conferred whether or not it is in force,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-12-2-b">
<num>b</num>
<content>
<p>
a power in retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation is conferred on or after the day on which this Act is passed, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-12-2-c">
<num>c</num>
<content>
<p>the references to powers conferred include powers conferred by regulations under this Act (but not powers conferred by this Act).</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-12-3">
<num>3</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law is capable of being so exercised before exit day so as to come into force on or after exit day.
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<paragraph eId="schedule-8-paragraph-13">
<num>13</num>
<heading>
Affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the ECA (including subordinate legislation implementing
<abbr class="Acronym" title="European Union">EU</abbr>
directives)
</heading>
<subparagraph eId="schedule-8-paragraph-13-1">
<num>1</num>
<intro>
<p>A statutory instrument which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-13-1-a">
<num>a</num>
<content>
<p>is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-1-b">
<num>b</num>
<content>
<p>is not to be made jointly with any person who is not a Minister of the Crown,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-1-c">
<num>c</num>
<content>
<p>amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-1-d">
<num>d</num>
<content>
<p>would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,</p>
</content>
</paragraph>
<wrapUp>
<p>may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-3">
<num>3</num>
<intro>
<p>Any provision which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-13-3-a">
<num>a</num>
<content>
<p>may be made under the power mentioned in sub-paragraph (1)(a),</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-3-b">
<num>b</num>
<content>
<p>is not provision which falls within sub-paragraph (1)(c), and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-3-c">
<num>c</num>
<content>
<p>is subject to a lower procedure than the procedure provided for by sub-paragraph (1),</p>
</content>
</paragraph>
<wrapUp>
<p>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).</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-4">
<num>4</num>
<intro>
<p>If a draft of a statutory instrument which—</p>
</intro>
<paragraph eId="schedule-8-paragraph-13-4-a">
<num>a</num>
<content>
<p>is to be made on or after exit day by a Minister of the Crown under a power conferred before the beginning of the Session in which this Act is passed,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-4-b">
<num>b</num>
<content>
<p>is not to be made jointly with any person who is not a Minister of the Crown,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-4-c">
<num>c</num>
<content>
<p>amends or revokes any provision, made otherwise than under section 2(2) of the European Communities Act 1972 (whether or not by way of amendment), of subordinate legislation made under that section, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-4-d">
<num>d</num>
<content>
<p>would otherwise be subject to a lower procedure before each House of Parliament and no procedure before any other legislature,</p>
</content>
</paragraph>
<wrapUp>
<p>is laid before, and approved by a resolution of, each House of Parliament, then the instrument is not subject to the lower procedure.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-5">
<num>5</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-6">
<num>6</num>
<intro>
<p>For the purposes of this paragraph, the order of procedures is as follows (the highest first)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-13-6-a">
<num>a</num>
<content>
<p>a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-6-b">
<num>b</num>
<content>
<p>a procedure which requires the approval of the instrument in draft before it is made,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-6-c">
<num>c</num>
<content>
<p>a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-6-d">
<num>d</num>
<content>
<p>a procedure which provides for the annulment of the instrument after it is made,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-6-e">
<num>e</num>
<content>
<p>a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-6-f">
<num>f</num>
<content>
<p>no procedure.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-7">
<num>7</num>
<content>
<p>For the purposes of this paragraph a power is conferred whether or not it is in force.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-8">
<num>8</num>
<intro>
<p>References in this paragraph, other than in sub-paragraph (4), to subordinate legislation made under section 2(2) of the European Communities Act 1972—</p>
</intro>
<paragraph eId="schedule-8-paragraph-13-8-a">
<num>a</num>
<content>
<p>do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-13-8-b">
<num>b</num>
<content>
<p>do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-13-9">
<num>9</num>
<content>
<p>This paragraph is subject to any other provision made by or under this Act or any other enactment.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-14">
<num>14</num>
<heading>
Enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation under section 2(2) of the ECA (including subordinate legislation implementing
<abbr class="Acronym" title="European Union">EU</abbr>
directives)
</heading>
<subparagraph eId="schedule-8-paragraph-14-1">
<num>1</num>
<intro>
<p>This paragraph applies where, on or after exit day—</p>
</intro>
<paragraph eId="schedule-8-paragraph-14-1-a">
<num>a</num>
<intro>
<p>a statutory instrument which—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-14-1-a-i">
<num>i</num>
<content>
<p>amends or revokes subordinate legislation made under section 2(2) of the European Communities Act 1972, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-1-a-ii">
<num>ii</num>
<content>
<p>is made under a power conferred before the beginning of the Session in which this Act is passed, or</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before each House of Parliament and subject to no procedure before any other legislature.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-3">
<num>3</num>
<content>
<p>The relevant authority must make a scrutiny statement before the instrument or draft is laid.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-4">
<num>4</num>
<intro>
<p>A scrutiny statement is a statement—</p>
</intro>
<paragraph eId="schedule-8-paragraph-14-4-a">
<num>a</num>
<content>
<p>setting out the steps which the relevant authority has taken to make the draft instrument published in accordance with sub-paragraph (2) available to each House of Parliament,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-4-b">
<num>b</num>
<intro>
<p>containing information about the relevant authority’s response to—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-14-4-b-i">
<num>i</num>
<content>
<p>any recommendations made by a committee of either House of Parliament about the published draft instrument, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-4-b-ii">
<num>ii</num>
<content>
<p>any other representations made to the relevant authority about the published draft instrument, and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-4-c">
<num>c</num>
<content>
<p>containing any other information that the relevant authority considers appropriate in relation to the scrutiny of the instrument or draft instrument which is to be laid.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-5">
<num>5</num>
<content>
<p>A scrutiny statement must be in writing and must be published in such manner as the relevant authority considers appropriate.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-6">
<num>6</num>
<intro>
<p>Sub-paragraphs (2) to (5) do not apply if the relevant authority—</p>
</intro>
<paragraph eId="schedule-8-paragraph-14-6-a">
<num>a</num>
<content>
<p>makes a statement in writing to the effect that the relevant authority is of the opinion that, by reason of urgency, sub-paragraphs (2) to (5) should not apply, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-6-b">
<num>b</num>
<content>
<p>publishes the statement in such manner as the relevant authority considers appropriate.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-7">
<num>7</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-8">
<num>8</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-9">
<num>9</num>
<intro>
<p>For the purposes of this paragraph—</p>
</intro>
<paragraph eId="schedule-8-paragraph-14-9-a">
<num>a</num>
<content>
<p>a power is conferred whether or not it is in force,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-9-b">
<num>b</num>
<content>
<p>the draft instrument published under sub-paragraph (2) need not be identical to the final version of the instrument or draft instrument as laid,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-9-c">
<num>c</num>
<content>
<p>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, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-9-d">
<num>d</num>
<intro>
<p>in calculating the period of 28 days, no account is to be taken of any time during which—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-14-9-d-i">
<num>i</num>
<content>
<p>Parliament is dissolved or prorogued, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-9-d-ii">
<num>ii</num>
<content>
<p>either House of Parliament is adjourned for more than four days.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-10">
<num>10</num>
<content>
<p>
Sub-paragraph
<a href="#schedule-8-paragraph-13-8">(8)</a>
of paragraph
<a href="#schedule-8-paragraph-13">13</a>
applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph
<a href="#schedule-8-paragraph-13-1">(1)</a>
of that paragraph.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-11">
<num>11</num>
<intro>
<p>In this paragraph “the relevant authority” means—</p>
</intro>
<paragraph eId="schedule-8-paragraph-14-11-a">
<num>a</num>
<content>
<p>in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-11-b">
<num>b</num>
<content>
<p>in the case of any other statutory instrument which is not to be made by a Minister of the Crown, the person who is to make the instrument, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-14-11-c">
<num>c</num>
<content>
<p>in any other case, the Minister of the Crown who is to make the instrument.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-14-12">
<num>12</num>
<content>
<p>This paragraph is subject to any other provision made by or under this Act or any other enactment.</p>
</content>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e9900">
<heading>
Explanatory statements for instruments amending or revoking regulations
<abbr title="et cetera" xml:lang="la">etc.</abbr>
under section 2(2) of the ECA
</heading>
<paragraph eId="schedule-8-paragraph-15">
<num>15</num>
<subparagraph eId="schedule-8-paragraph-15-1">
<num>1</num>
<intro>
<p>This paragraph applies where, on or after exit day—</p>
</intro>
<paragraph eId="schedule-8-paragraph-15-1-a">
<num>a</num>
<content>
<p>a statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, or</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-15-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before each House of Parliament or before the House of Commons only.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-3">
<num>3</num>
<intro>
<p>Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—</p>
</intro>
<paragraph eId="schedule-8-paragraph-15-3-a">
<num>a</num>
<content>
<p>the law which is relevant to the amendment or revocation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-15-3-b">
<num>b</num>
<content>
<p>
the effect of the amendment or revocation on retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-4">
<num>4</num>
<intro>
<p>If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid—</p>
</intro>
<paragraph eId="schedule-8-paragraph-15-4-a">
<num>a</num>
<content>
<p>a Minister of the Crown, or</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-15-4-b">
<num>b</num>
<content>
<p>where the relevant authority is not a Minister of the Crown, the relevant authority,</p>
</content>
</paragraph>
<wrapUp>
<p>must make a statement explaining why the relevant authority has failed to make the statement as so required.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-5">
<num>5</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-6">
<num>6</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-7">
<num>7</num>
<content>
<p>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).</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-8">
<num>8</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-9">
<num>9</num>
<content>
<p>
Sub-paragraph (8) of paragraph
<a href="#schedule-8-paragraph-13">13</a>
applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-15-10">
<num>10</num>
<intro>
<p>In this paragraph “the relevant authority” means—</p>
</intro>
<paragraph eId="schedule-8-paragraph-15-10-a">
<num>a</num>
<content>
<p>in the case of an Order in Council or Order of Council, the Minister of the Crown who has responsibility in relation to the instrument,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-15-10-b">
<num>b</num>
<content>
<p>in the case of any other statutory instrument which is not made by a Minister of the Crown, the person who makes, or is to make, the instrument, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-15-10-c">
<num>c</num>
<content>
<p>in any other case, the Minister of the Crown who makes, or is to make, the instrument.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-16">
<num>16</num>
<subparagraph eId="schedule-8-paragraph-16-1">
<num>1</num>
<intro>
<p>This paragraph applies where, on or after exit day—</p>
</intro>
<paragraph eId="schedule-8-paragraph-16-1-a">
<num>a</num>
<content>
<p>a Scottish statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, or</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-16-1-b">
<num>b</num>
<content>
<p>a draft of such an instrument,</p>
</content>
</paragraph>
<wrapUp>
<p>is to be laid before the Scottish Parliament.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-3">
<num>3</num>
<intro>
<p>Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—</p>
</intro>
<paragraph eId="schedule-8-paragraph-16-3-a">
<num>a</num>
<content>
<p>the law which is relevant to the amendment or revocation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-16-3-b">
<num>b</num>
<content>
<p>
the effect of the amendment or revocation on retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-4">
<num>4</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-5">
<num>5</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-6">
<num>6</num>
<content>
<p>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).</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-7">
<num>7</num>
<content>
<p>
Sub-paragraph (8) of paragraph
<a href="#schedule-8-paragraph-13">13</a>
applies for the purposes of this paragraph as it applies for the purposes of sub-paragraph (1) of that paragraph.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-16-8">
<num>8</num>
<intro>
<p>In this paragraph “the relevant authority” means—</p>
</intro>
<paragraph eId="schedule-8-paragraph-16-8-a">
<num>a</num>
<content>
<p>in the case of a Scottish statutory instrument which is not made by the Scottish Ministers, other than an Order in Council, the person who makes, or is to make, the instrument, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-16-8-b">
<num>b</num>
<content>
<p>in any other case, the Scottish Ministers.</p>
</content>
</paragraph>
</subparagraph>
</paragraph>
</hcontainer>
</part>
<part eId="schedule-8-part-2">
<num>Part 2</num>
<heading>Specific consequential provision</heading>
<paragraph eId="schedule-8-paragraph-17">
<num>17</num>
<heading>Finance Act 1973</heading>
<content>
<p>
In section 56 of the Finance Act 1973 (charges for services
<abbr title="et cetera" xml:lang="la">etc.</abbr>
by Government departments), in subsection (1), omit “any
<abbr class="Acronym" title="European Union">EU</abbr>
obligation or”.
</p>
</content>
</paragraph>
<hcontainer name="P1group" eId="d4e10150">
<heading>Interpretation Act 1978</heading>
<paragraph eId="schedule-8-paragraph-18">
<num>18</num>
<content>
<p>The Interpretation Act 1978 is amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-19">
<num>19</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
legislation”.
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-20">
<num>20</num>
<content>
<p>After section 23 (application to other instruments) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<section eId="d4e10181">
<num>23ZA</num>
<heading>
Retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation
</heading>
<subsection eId="p00394">
<num>1</num>
<intro>
<p>
The provisions of this Act (except sections 1 to 4, 13 and 19(2)) apply, so far as applicable and unless the contrary intention appears, to any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation so far as it—
</p>
</intro>
<paragraph eId="d4e10194">
<num>a</num>
<content>
<p>is amended by an Act, subordinate legislation or devolution legislation, and</p>
</content>
</paragraph>
<paragraph eId="d4e10200">
<num>b</num>
<content>
<p>is not subordinate legislation,</p>
</content>
</paragraph>
<wrapUp>
<p>as they apply to an Act passed at the corresponding time.</p>
</wrapUp>
</subsection>
<subsection eId="d4e10208">
<num>2</num>
<intro>
<p>
In their application by virtue of subsection
<a href="#p00394">(1)</a>
</p>
</intro>
<paragraph eId="d4e10217">
<num>a</num>
<content>
<p>section 10 has effect as if the reference to the passing of the Act were a reference to the corresponding time,</p>
</content>
</paragraph>
<paragraph eId="d4e10223">
<num>b</num>
<content>
<p>
section 11 has effect as if the second reference to an Act included a reference to the retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation so far as unamended (as well as a reference to that legislation so far as amended), and
</p>
</content>
</paragraph>
<paragraph eId="d4e10232">
<num>c</num>
<content>
<p>section 16(1) has effect as if the reference to the repealing Act not being passed were a reference to the repeal not having been made.</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e10238">
<num>3</num>
<content>
<p>
References in this Act to the repeal of an enactment are to be read, in the case of an enactment which is retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, as references to the revocation of the enactment.
</p>
</content>
</subsection>
<subsection eId="d4e10247">
<num>4</num>
<intro>
<p>In Schedule 1—</p>
</intro>
<paragraph eId="d4e10253">
<num>a</num>
<intro>
<p>
in the definition of “Commencement”, the references to an enactment do not include any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation other than—
</p>
</intro>
<subparagraph eId="d4e10262">
<num>i</num>
<content>
<p>
any such legislation to which subsection
<a href="#p00394">(1)</a>
applies, or
</p>
</content>
</subparagraph>
<subparagraph eId="d4e10271">
<num>ii</num>
<content>
<p>
any instrument made on or after exit day under any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation, and
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="d4e10280">
<num>b</num>
<content>
<p>
in the definitions of “The Corporation Tax Acts” and “The Income Tax Acts”, the references to an enactment do not include any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="d4e10289">
<num>5</num>
<content>
<p>
For the application of this Act to retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation which is subordinate legislation, see section 23(1) and (2).
</p>
</content>
</subsection>
<subsection eId="d4e10298">
<num>6</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>“corresponding time” means the time when the amending Act, subordinate legislation or devolution legislation was passed or (as the case may be) made, and</p>
</item>
<item>
<p>“devolution legislation” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>an Act of the Scottish Parliament,</p>
</item>
<item>
<num>b</num>
<p>a Measure or Act of the National Assembly for Wales,</p>
</item>
<item>
<num>c</num>
<p>Northern Ireland legislation (for the meaning of which see section 24(5)), or</p>
</item>
<item>
<num>d</num>
<p>
an instrument made under anything falling within paragraph
<a href="#p00395">(a)</a>
,
<a href="#p00396">(b)</a>
or
<a href="#p00397">(c)</a>
.
</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-21">
<num>21</num>
<intro>
<p>In section 24 (application to Northern Ireland), in subsection (4)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-21-a">
<num>a</num>
<content>
<p>omit “and related expressions”,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-21-b">
<num>b</num>
<content>
<p>after “Corporation Tax Acts;” insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<blockList class="unordered">
<item>
<p>E.C.S.C. Treaty;</p>
</item>
<item>
<p>E.E.C. Treaty;</p>
</item>
</blockList>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-21-c">
<num>c</num>
<content>
<p>after “state;” insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<blockList class="unordered">
<item>
<p>Entry date;</p>
</item>
<item>
<p>
The
<abbr class="Acronym" title="European Union">EU</abbr>
or the European Union;
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
institution;
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
instrument;
</p>
</item>
<item>
<p>Euratom, Economic Community and Coal and Steel Community;</p>
</item>
<item>
<p>Euratom Treaty;</p>
</item>
<item>
<p>European Court;</p>
</item>
</blockList>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-21-d">
<num>d</num>
<content>
<p>after “Income Tax Acts;” insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<blockList class="unordered">
<item>
<p>Member (in the expression “member State”);</p>
</item>
</blockList>
</quotedStructure>
</mod>
<inline name="AppendText">, and</inline>
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-21-e">
<num>e</num>
<content>
<p>after “The Tax Acts” insert </p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<p>;</p>
<blockList class="unordered">
<item>
<p>
The Treaties or the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties
</p>
</item>
</blockList>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-22">
<num>22</num>
<intro>
<p>In Schedule 1 (words and expressions defined)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-22-a">
<num>a</num>
<content>
<p>
omit ““The
<abbr class="Acronym" title="European Union">EU</abbr>
” or “the
<abbr class="Acronym" title="European Union">EU</abbr>
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.”,
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-22-b">
<num>b</num>
<content>
<p>
omit the definition of “
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement”,
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-22-c">
<num>c</num>
<content>
<p>
omit the definition of “
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
state”,
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-22-d">
<num>d</num>
<content>
<p>
in the definition of “enactment”, before “does” insert “includes any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation but”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-22-e">
<num>e</num>
<content>
<p>at the end insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<paragraph eId="d4e10499">
<heading>
Definitions relating to the
<abbr class="Acronym" title="European Union">EU</abbr>
and the United Kingdom’s withdrawal
</heading>
<content>
<blockList class="unordered">
<item>
<p>“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.</p>
</item>
<item>
<p>“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation. [8 January 2007]
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
state”, in relation to a time, means—
</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>a state which at that time is a member State, or</p>
</item>
<item>
<num>b</num>
<p>
any other state which at that time is a party to the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement. [8 January 2007]
</p>
</item>
</blockList>
</item>
<item>
<p>“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.</p>
</item>
<item>
<p>
“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the
<abbr class="Acronym" title="European Union">EU</abbr>
).
</p>
</item>
<item>
<p>
“The
<abbr class="Acronym" title="European Union">EU</abbr>
” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
institution” means any institution of the EU.
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
instrument” means any instrument issued by an
<abbr class="Acronym" title="European Union">EU</abbr>
institution other than any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation.
</p>
</item>
<item>
<p>“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).</p>
</item>
<item>
<p>“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.</p>
</item>
<item>
<p>“European Court” means the Court of Justice of the European Union.</p>
</item>
<item>
<p>
“Exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20
<a href="#section-20-1">(1)</a>
to
<a href="#section-20-5">(5)</a>
of that Act).
</p>
</item>
<item>
<p>“Member”, in the expression “member State”, refers to membership of the EU.</p>
</item>
<item>
<p>
“Retained
<abbr class="Acronym" title="European Union">EU</abbr>
law”, “retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
legislation”, “retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation” and “retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6
<a href="#section-6-7">(7)</a>
, 7
<a href="#section-7-6">(6)</a>
and 20
<a href="#section-20-1">(1)</a>
of that Act).
</p>
</item>
<item>
<p>
“Retained
<abbr class="Acronym" title="European Union">EU</abbr>
obligation” means an obligation that—
</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>
was created or arose by or under the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties before exit day, and
</p>
</item>
<item>
<num>b</num>
<p>
forms part of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law,
</p>
</item>
</blockList>
<p>as modified from time to time.</p>
</item>
<item>
<p>
“The Treaties” or “the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties” means the Treaties or
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day.
</p>
</item>
</blockList>
</content>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e10669">
<heading>European Economic Area Act 1993</heading>
<paragraph eId="schedule-8-paragraph-23">
<num>23</num>
<content>
<p>The European Economic Area Act 1993 is amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-24">
<num>24</num>
<content>
<p>
Omit section 1 (
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement to be an
<abbr class="Acronym" title="European Union">EU</abbr>
Treaty).
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-25">
<num>25</num>
<subparagraph eId="schedule-8-paragraph-25-1">
<num>1</num>
<content>
<p>
Section 2 (consistent application of law to the whole of the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-25-2">
<num>2</num>
<intro>
<p>In subsection (3)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-25-2-a">
<num>a</num>
<content>
<p>in paragraph (a), after “Act” insert “as at immediately before exit day”, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-25-2-b">
<num>b</num>
<content>
<p>omit paragraph (b), the “or” before that paragraph and the words after that paragraph.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-25-3">
<num>3</num>
<content>
<p>After that subsection insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e10728">
<num>3A</num>
<content>
<p>
This section is subject to any amendment, repeal, revocation or other modification of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law on or after exit day.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-25-4">
<num>4</num>
<content>
<p>Omit subsections (4) to (6).</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-26">
<num>26</num>
<subparagraph eId="schedule-8-paragraph-26-1">
<num>1</num>
<content>
<p>
Section 3 (general implementation of the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
agreement) is amended as follows.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-26-2">
<num>2</num>
<intro>
<p>In subsection (3)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-26-2-a">
<num>a</num>
<content>
<p>in paragraph (a), after “Act” insert “as at immediately before exit day”, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-26-2-b">
<num>b</num>
<content>
<p>omit paragraph (b), the “or” before that paragraph and the words after that paragraph.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-26-3">
<num>3</num>
<content>
<p>After subsection (4) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e10781">
<num>4A</num>
<content>
<p>
This section is subject to any amendment, repeal, revocation or other modification of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law on or after exit day.
</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-27">
<num>27</num>
<content>
<p>Omit section 4 (modification of section 3 of the European Communities Act 1972).</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-28">
<num>28</num>
<content>
<p>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)”.</p>
</content>
</paragraph>
</hcontainer>
<paragraph eId="schedule-8-paragraph-29">
<num>29</num>
<heading>Criminal Procedure (Scotland) Act 1995</heading>
<subparagraph eId="schedule-8-paragraph-29-1">
<num>1</num>
<content>
<p>Section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-29-2">
<num>2</num>
<intro>
<p>In subsection (2)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-29-2-a">
<num>a</num>
<content>
<p>
in paragraph (a)(ii), for “incompatible with
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “made unlawful by section 57(4) of the Scotland Act 1998 (restriction on subordinate legislation modifying retained
<abbr class="Acronym" title="European Union">EU</abbr>
law)”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-29-2-b">
<num>b</num>
<content>
<p>
in paragraph (b), for “with
<abbr class="Acronym" title="European Union">EU</abbr>
law” substitute “in breach of the restriction in section 30A(1) of the Scotland Act 1998 (restriction on the modification of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law)”.
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-29-3">
<num>3</num>
<content>
<p>In subsection (3), omit paragraph (c).</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-30">
<num>30</num>
<heading>Human Rights Act 1998</heading>
<subparagraph eId="schedule-8-paragraph-30-1">
<num>1</num>
<content>
<p>This paragraph has effect for the purposes of the Human Rights Act 1998.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-30-2">
<num>2</num>
<content>
<p>
Any retained direct principal
<abbr class="Acronym" title="European Union">EU</abbr>
legislation is to be treated as primary legislation.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-30-3">
<num>3</num>
<content>
<p>
Any retained direct minor
<abbr class="Acronym" title="European Union">EU</abbr>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-30-4">
<num>4</num>
<content>
<p>In this paragraph “amend”, “primary legislation” and “subordinate legislation” have the same meaning as in the Human Rights Act 1998.</p>
</content>
</subparagraph>
</paragraph>
<hcontainer name="P1group" eId="d4e10888">
<heading>
<ref href="http://www.legislation.gov.uk/id/asp/2010/10">Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)</ref>
</heading>
<paragraph eId="schedule-8-paragraph-31">
<num>31</num>
<content>
<p>The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-32">
<num>32</num>
<subparagraph eId="schedule-8-paragraph-32-1">
<num>1</num>
<content>
<p>Section 1 (application of Part 1 of the Act) is amended as follows.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-32-2">
<num>2</num>
<intro>
<p>In subsection (1)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-32-2-a">
<num>a</num>
<content>
<p>in paragraph (b), after “day” insert “, in the case of Scottish instruments made as mentioned in paragraph (a) or (b) of the definition of “Scottish instrument” in subsection (4),”, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-32-2-b">
<num>b</num>
<content>
<p>after paragraph (b) (but before the “and” at the end of that paragraph) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<paragraph eId="d4e10927">
<num>ba</num>
<content>
<p>Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (c) or (d) of the definition of “Scottish instrument” in subsection (4),</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-32-3">
<num>3</num>
<intro>
<p>In subsection (4)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-32-3-a">
<num>a</num>
<content>
<p>omit the “or” at the end of paragraph (a), and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-32-3-b">
<num>b</num>
<content>
<p>after paragraph (b) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<paragraph eId="d4e10954">
<num>c</num>
<content>
<p>
an Act of the Scottish Parliament (whenever passed) and any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation (whenever made), or
</p>
</content>
</paragraph>
<paragraph eId="d4e10963">
<num>d</num>
<content>
<p>
an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation (whenever made).
</p>
</content>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-32-4">
<num>4</num>
<content>
<p>After subsection (9) insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e10979">
<num>10</num>
<content>
<p>
In this section “exit day” (and related expressions) and “retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20
<a href="#section-20-1">(1)</a>
to
<a href="#section-20-5">(5)</a>
of that Act).
</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-33">
<num>33</num>
<content>
<p>In section 30 (other instruments laid before the Scottish Parliament), after subsection (6), insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<subsection eId="d4e11001">
<num>7</num>
<content>
<p>
This section does not apply in relation to any regulations made in accordance with paragraph
<a href="#schedule-7-paragraph-6">6</a>
of Schedule 7 to the European Union (Withdrawal) Act 2018 (including that paragraph as applied by paragraph
<a href="#schedule-7-paragraph-19-7">19(7)</a>
of that Schedule).
</p>
</content>
</subsection>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-34">
<num>34</num>
<intro>
<p>In section 37 (interpretation of Part 2 of the Act)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-34-a">
<num>a</num>
<content>
<p>
in the definition of “enactment”, at the end insert “and any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation”,
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-34-b">
<num>b</num>
<content>
<p>after that definition insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<blockList class="unordered">
<item>
<p>
“retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20
<a href="#section-20-1">(1)</a>
of that Act),
</p>
</item>
</blockList>
</quotedStructure>
</mod>
<inline name="AppendText">, and</inline>
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-34-c">
<num>c</num>
<content>
<p>at the end insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main double" startQuote="" endQuote="">
<blockList class="unordered">
<item>
<p>
“subordinate legislation” includes an instrument made or to be made under any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation on or after exit day (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20
<a href="#section-20-1">(1)</a>
to
<a href="#section-20-5">(5)</a>
of that Act)).
</p>
</item>
</blockList>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-35">
<num>35</num>
<intro>
<p>In Schedule 1 (definitions of words and expressions)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-35-a">
<num>a</num>
<content>
<p>
omit from “the
<abbr class="Acronym" title="European Union">EU</abbr>
” to “meanings given by that Act”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-35-b">
<num>b</num>
<content>
<p>at the end insert—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown schedule double" startQuote="" endQuote="">
<paragraph eId="d4e11091">
<heading>
Definitions relating to the
<abbr class="Acronym" title="European Union">EU</abbr>
</heading>
<content>
<blockList class="unordered">
<item>
<p>“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.</p>
</item>
<item>
<p>“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.</p>
</item>
<item>
<p>“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.</p>
</item>
<item>
<p>
“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the
<abbr class="Acronym" title="European Union">EU</abbr>
).
</p>
</item>
<item>
<p>
“The
<abbr class="Acronym" title="European Union">EU</abbr>
” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
institution” means any institution of the EU.
</p>
</item>
<item>
<p>
<abbr class="Acronym" title="European Union">EU</abbr>
instrument” means any instrument issued by an
<abbr class="Acronym" title="European Union">EU</abbr>
institution other than any retained direct
<abbr class="Acronym" title="European Union">EU</abbr>
legislation (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20
<a href="#section-20-1">(1)</a>
of that Act)).
</p>
</item>
<item>
<p>“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).</p>
</item>
<item>
<p>“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.</p>
</item>
<item>
<p>“European Court” means the Court of Justice of the European Union.</p>
</item>
<item>
<p>“Member”, in the expression “member State”, refers to membership of the EU.</p>
</item>
<item>
<p>
“The Treaties” or “the
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties” means the Treaties or
<abbr class="Acronym" title="European Union">EU</abbr>
Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day (within the meaning of that Act (see section 20
<a href="#section-20-1">(1)</a>
to
<a href="#section-20-5">(5)</a>
of that Act)).
</p>
</item>
</blockList>
</content>
</paragraph>
</quotedStructure>
</mod>
</p>
</content>
</paragraph>
</paragraph>
</hcontainer>
<paragraph eId="schedule-8-paragraph-36">
<num>36</num>
<heading>Small Business, Enterprise and Employment Act 2015</heading>
<intro>
<p>In section 30 of the Small Business, Enterprise and Employment Act 2015 (meaning of “provision for review”), in subsection (3)—</p>
</intro>
<paragraph eId="schedule-8-paragraph-36-a">
<num>a</num>
<content>
<p>
omit “
<abbr class="Acronym" title="European Union">EU</abbr>
obligation or any other”, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-36-b">
<num>b</num>
<content>
<p>omit “Member States or”.</p>
</content>
</paragraph>
</paragraph>
</part>
<part eId="schedule-8-part-3">
<num>Part 3</num>
<heading>General transitional, transitory or saving provision</heading>
<paragraph eId="schedule-8-paragraph-37">
<num>37</num>
<heading>
Continuation of existing acts
<abbr title="et cetera" xml:lang="la">etc.</abbr>
</heading>
<subparagraph eId="schedule-8-paragraph-37-1">
<num>1</num>
<intro>
<p>Anything done—</p>
</intro>
<paragraph eId="schedule-8-paragraph-37-1-a">
<num>a</num>
<content>
<p>
in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6
<a href="#section-6-3">(3)</a>
or
<a href="#section-6-6">(6)</a>
, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-37-1-b">
<num>b</num>
<content>
<p>
for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the
<abbr class="Acronym" title="European Union">EU</abbr>
or the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
,
</p>
</content>
</paragraph>
<wrapUp>
<p>if in force or effective immediately before exit day, continues to be in force or effective on and after exit day.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-37-2">
<num>2</num>
<intro>
<p>Anything done—</p>
</intro>
<paragraph eId="schedule-8-paragraph-37-2-a">
<num>a</num>
<content>
<p>
in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6
<a href="#section-6-3">(3)</a>
or
<a href="#section-6-6">(6)</a>
, or
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-37-2-b">
<num>b</num>
<content>
<p>
for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the
<abbr class="Acronym" title="European Union">EU</abbr>
or the
<abbr class="Acronym" title="European Economic Area">EEA</abbr>
,
</p>
</content>
</paragraph>
<wrapUp>
<p>which, immediately before exit day, is in the process of being done continues to be done on and after exit day.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-37-3">
<num>3</num>
<intro>
<p>
Sub-paragraphs
<a href="#schedule-8-paragraph-37-1">(1)</a>
and
<a href="#schedule-8-paragraph-37-2">(2)</a>
are subject to—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-37-3-a">
<num>a</num>
<content>
<p>
section 1 and the withdrawal of the United Kingdom from the
<abbr class="Acronym" title="European Union">EU</abbr>
,
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-37-3-b">
<num>b</num>
<content>
<p>sections 2 to 6 and Schedule 1,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-37-3-c">
<num>c</num>
<content>
<p>
any provision made under section 23
<a href="#section-23-6">(6)</a>
, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-37-3-d">
<num>d</num>
<content>
<p>any other provision made by or under this Act or any other enactment.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-37-4">
<num>4</num>
<content>
<p>References in this paragraph to anything done include references to anything omitted to be done.</p>
</content>
</subparagraph>
</paragraph>
</part>
<part eId="schedule-8-part-4">
<num>Part 4</num>
<heading>Specific transitional, transitory and saving provision</heading>
<hcontainer name="P1group" eId="d4e11335">
<heading>
Retention of existing
<abbr class="Acronym" title="European Union">EU</abbr>
law
</heading>
<paragraph eId="schedule-8-paragraph-38">
<num>38</num>
<content>
<p>
Section 4
<a href="#section-4-2-b">(2)(b)</a>
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).
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-39">
<num>39</num>
<subparagraph eId="schedule-8-paragraph-39-1">
<num>1</num>
<content>
<p>
Subject as follows and subject to any provision made by regulations under section 23
<a href="#section-23-6">(6)</a>
, section 5
<a href="#section-5-4">(4)</a>
and paragraphs
<a href="#schedule-1-paragraph-1">1</a>
to
<a href="#schedule-1-paragraph-4">4</a>
of Schedule 1 apply in relation to anything occurring before exit day (as well as anything occurring on or after exit day).
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-2">
<num>2</num>
<content>
<p>
Section 5
<a href="#section-5-4">(4)</a>
and paragraphs
<a href="#schedule-1-paragraph-1">1</a>
to
<a href="#schedule-1-paragraph-4">4</a>
of Schedule 1 do not affect any decision of a court or tribunal made before exit day.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-3">
<num>3</num>
<content>
<p>
Section 5
<a href="#section-5-4">(4)</a>
and paragraphs
<a href="#schedule-1-paragraph-3">3</a>
and
<a href="#schedule-1-paragraph-4">4</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-4">
<num>4</num>
<content>
<p>
Paragraphs
<a href="#schedule-1-paragraph-1">1</a>
to
<a href="#schedule-1-paragraph-4">4</a>
of Schedule 1 do not apply in relation to any conduct which occurred before exit day which gives rise to any criminal liability.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-5">
<num>5</num>
<intro>
<p>
Paragraph
<a href="#schedule-1-paragraph-3">3</a>
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—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-39-5-a">
<num>a</num>
<content>
<p>the proceedings involve a challenge to anything which occurred before exit day, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-39-5-b">
<num>b</num>
<intro>
<p>the challenge is not for the disapplication or quashing of—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-39-5-b-i">
<num>i</num>
<content>
<p>an Act of Parliament or a rule of law which is not an enactment, or</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-5-b-ii">
<num>ii</num>
<content>
<p>any enactment, or anything else, not falling within sub-paragraph (i) which, as a result of anything falling within that sub-paragraph, could not have been different or which gives effect to, or enforces, anything falling within that sub-paragraph.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-6">
<num>6</num>
<content>
<p>
Paragraph
<a href="#schedule-1-paragraph-3-2">3(2)</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-39-7">
<num>7</num>
<content>
<p>
Paragraph
<a href="#schedule-1-paragraph-4">4</a>
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.
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
<paragraph eId="schedule-8-paragraph-40">
<num>40</num>
<heading>Main powers in connection with withdrawal</heading>
<content>
<p>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).</p>
</content>
</paragraph>
<hcontainer name="P1group" eId="d4e11474">
<heading>Devolution</heading>
<paragraph eId="schedule-8-paragraph-41">
<num>41</num>
<subparagraph eId="schedule-8-paragraph-41-1">
<num>1</num>
<intro>
<p>
The amendments made by section 12 and Part
<a href="#schedule-3-part-1">1</a>
of Schedule 3 do not affect the validity of—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-1-a">
<num>a</num>
<content>
<p>any provision of an Act of the Scottish Parliament, Act of the National Assembly for Wales or Act of the Northern Ireland Assembly made before exit day,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-1-b">
<num>b</num>
<content>
<p>any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before exit day, or</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-1-c">
<num>c</num>
<content>
<p>any other subordinate legislation made before exit day.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-2">
<num>2</num>
<content>
<p>
Accordingly and subject to sub-paragraphs
<a href="#schedule-8-paragraph-41-3">(3)</a>
to
<a href="#schedule-8-paragraph-41-10">(10)</a>
, the validity of anything falling within sub-paragraph
<a href="#schedule-8-paragraph-41-1-a">(1)(a)</a>
,
<a href="#schedule-8-paragraph-41-1-b">(b)</a>
or
<a href="#schedule-8-paragraph-41-1-c">(c)</a>
is to be decided by reference to the law before exit day.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-3">
<num>3</num>
<intro>
<p>
Section 29(2)(d) of the Scotland Act 1998, so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law, does not apply to any provision of an Act of the Scottish Parliament made before exit day if the provision—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-3-a">
<num>a</num>
<content>
<p>comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-3-b">
<num>b</num>
<content>
<p>is made when there are no regulations under section 30A of the Scotland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision were made and the regulations were in force at that time.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-4">
<num>4</num>
<intro>
<p>
Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law, does not apply to any provision of an Act of the National Assembly for Wales made before exit day if the provision—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-4-a">
<num>a</num>
<content>
<p>comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-4-b">
<num>b</num>
<content>
<p>is made when there are no regulations under section 109A of the Government of Wales Act 2006 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision were made and the regulations were in force at that time.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-5">
<num>5</num>
<intro>
<p>
Section 6(2)(d) of the Northern Ireland Act 1998, so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law, does not apply to any provision of an Act of the Northern Ireland Assembly made before exit day if the provision—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-5-a">
<num>a</num>
<content>
<p>comes into force on or after exit day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-5-b">
<num>b</num>
<content>
<p>is made when there are no regulations under section 6A of the Northern Ireland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before exit day, on or after exit day) if the provision were made and the regulations were in force at that time.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-6">
<num>6</num>
<intro>
<p>
Section 57(2) of the Scotland Act 1998, so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-6-a">
<num>a</num>
<content>
<p>comes into force on or after exit day, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-6-b">
<num>b</num>
<intro>
<p>is made, confirmed or approved when there are no regulations under subsection (4) of section 57 of the Scotland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-41-6-b-i">
<num>i</num>
<content>
<p>the making, confirming or approving had occurred at that time,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-6-b-ii">
<num>ii</num>
<content>
<p>in the case of legislation confirmed or approved, the legislation was made at that time, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-6-b-iii">
<num>iii</num>
<content>
<p>the regulations were in force at that time.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-7">
<num>7</num>
<intro>
<p>
Section 80(8) of the Government of Wales Act 2006, so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-7-a">
<num>a</num>
<content>
<p>comes into force on or after exit day, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-7-b">
<num>b</num>
<intro>
<p>
is made, confirmed or approved when there are no regulations under subsection (8) of section 80 of the Government of Wales Act 2006 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection, so far as relating to retained
<abbr class="Acronym" title="European Union">EU</abbr>
law, when the legislation comes into force if—
</p>
</intro>
<subparagraph eId="schedule-8-paragraph-41-7-b-i">
<num>i</num>
<content>
<p>the making, confirming or approving had occurred at that time,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-7-b-ii">
<num>ii</num>
<content>
<p>in the case of legislation confirmed or approved, the legislation was made at that time, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-7-b-iii">
<num>iii</num>
<content>
<p>the regulations were in force at that time.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-8">
<num>8</num>
<intro>
<p>
Section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to
<abbr class="Acronym" title="European Union">EU</abbr>
law, does not apply to the making, confirming or approving before exit day of any subordinate legislation if the legislation—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-8-a">
<num>a</num>
<content>
<p>comes into force on or after exit day, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-8-b">
<num>b</num>
<intro>
<p>is made, confirmed or approved when there are no regulations under subsection (3) of section 24 of the Northern Ireland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—</p>
</intro>
<subparagraph eId="schedule-8-paragraph-41-8-b-i">
<num>i</num>
<content>
<p>the making, confirming or approving had occurred at that time,</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-8-b-ii">
<num>ii</num>
<content>
<p>in the case of legislation confirmed or approved, the legislation was made at that time, and</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-8-b-iii">
<num>iii</num>
<content>
<p>the regulations were in force at that time.</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-9">
<num>9</num>
<intro>
<p>
For the purposes of sub-paragraphs
<a href="#schedule-8-paragraph-41-3">(3)</a>
to
<a href="#schedule-8-paragraph-41-8">(8)</a>
assume that the restrictions relating to retained
<abbr class="Acronym" title="European Union">EU</abbr>
law in—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-41-9-a">
<num>a</num>
<content>
<p>sections 30A(1) and 57(4) of the Scotland Act 1998,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-9-b">
<num>b</num>
<content>
<p>sections 80(8) and 109A(1) of the Government of Wales Act 2006, and</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-41-9-c">
<num>c</num>
<content>
<p>sections 6A(1) and 24(3) of the Northern Ireland Act 1998,</p>
</content>
</paragraph>
<wrapUp>
<p>come into force on exit day.</p>
</wrapUp>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-41-10">
<num>10</num>
<content>
<p>
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
<abbr class="Acronym" title="European Union">EU</abbr>
law, do not apply to the making of regulations under Schedule 2 or 4.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-42">
<num>42</num>
<content>
<p>
The amendments made by Part
<a href="#schedule-3-part-1">1</a>
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.
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-43">
<num>43</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-8-paragraph-43-a">
<num>a</num>
<content>
<p>section 30A(3) or 57(6) of the Scotland Act 1998,</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-43-b">
<num>b</num>
<content>
<p>section 80(8C) or 109A(4) of the Government of Wales Act 2006, or</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-43-c">
<num>c</num>
<content>
<p>section 6A(3) or 24(5) of the Northern Ireland Act 1998,</p>
</content>
</paragraph>
<wrapUp>
<p>as a consent decision made, or (as the case may be) the commencement of that period, on or after that day.</p>
</wrapUp>
</paragraph>
</hcontainer>
<hcontainer name="P1group" eId="d4e11791">
<heading>Other provision</heading>
<paragraph eId="schedule-8-paragraph-44">
<num>44</num>
<subparagraph eId="schedule-8-paragraph-44-1">
<num>1</num>
<content>
<p>
The definition of “relevant criminal offence” in section 20
<a href="#section-20-1">(1)</a>
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”.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-44-2">
<num>2</num>
<content>
<p>
In sub-paragraph
<a href="#schedule-8-paragraph-44-1">(1)</a>
, “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.
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-8-paragraph-45">
<num>45</num>
<subparagraph eId="schedule-8-paragraph-45-1">
<num>1</num>
<content>
<p>
The amendment made by paragraph
<a href="#schedule-8-paragraph-17">17</a>
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.
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-45-2">
<num>2</num>
<intro>
<p>
Sub-paragraph
<a href="#schedule-8-paragraph-45-3">(3)</a>
applies where—
</p>
</intro>
<paragraph eId="schedule-8-paragraph-45-2-a">
<num>a</num>
<content>
<p>
immediately before the amendment made by paragraph
<a href="#schedule-8-paragraph-17">17</a>
comes into force, the payment of fees or other charges could be required, under section 56 of the Finance Act 1973, in connection with the provision of a service or facilities, or issuing an authorisation, certificate or other document, in pursuance of an
<abbr class="Acronym" title="European Union">EU</abbr>
obligation, and
</p>
</content>
</paragraph>
<paragraph eId="schedule-8-paragraph-45-2-b">
<num>b</num>
<intro>
<p>
after the amendment made by paragraph
<a href="#schedule-8-paragraph-17">17</a>
comes into force—
</p>
</intro>
<subparagraph eId="schedule-8-paragraph-45-2-b-i">
<num>i</num>
<content>
<p>
regulations made under that section (whether or not modified under Part
<a href="#schedule-4-part-2">2</a>
of Schedule 4 or otherwise) prescribing the fees or charges, or under which the fees or charges are to be determined, form part of retained
<abbr class="Acronym" title="European Union">EU</abbr>
law, and
</p>
</content>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-45-2-b-ii">
<num>ii</num>
<content>
<p>
the service or facilities are provided, or the authorisation, certificate or other document is issued, under or in connection with retained
<abbr class="Acronym" title="European Union">EU</abbr>
law.
</p>
</content>
</subparagraph>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-8-paragraph-45-3">
<num>3</num>
<content>
<p>
Despite the amendment made by paragraph
<a href="#schedule-8-paragraph-17">17</a>
, 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.
</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</part>
</hcontainer>
<hcontainer name="schedule" eId="schedule-9">
<num>
SCHEDULE 9
<authorialNote class="referenceNote" placement="right">
<p>Section 23(8)</p>
</authorialNote>
</num>
<heading>Additional repeals</heading>
<content>
<tblock class="tabular">
<table>
<tr>
<th colspan="1" rowspan="1">
<p>Short title</p>
</th>
<th colspan="1" rowspan="1">
<p>Extent of repeal</p>
</th>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-top-style:solid;border-top-width:0.5pt;border-top-color:black">
<p>European Parliamentary Elections Act 2002</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black;border-top-style:solid;border-top-width:0.5pt;border-top-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Parliament (Representation) Act 2003</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Union (Amendment) Act 2008</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Union Act 2011</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Union (Approval of Treaty Amendment Decision) Act 2012</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Union (Approvals) Act 2013</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Union (Approvals) Act 2014</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td rowspan="2" colspan="1">
<p>Serious Crime Act 2015</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>Section 82.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>Section 88(5)(c).</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1">
<p>European Union (Finance) Act 2015</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black">
<p>The whole Act.</p>
</td>
</tr>
<tr>
<td colspan="1" rowspan="1" style="border-bottom-style:solid;border-bottom-width:0.5pt;border-bottom-color:black">
<p>European Union (Approvals) Act 2015</p>
</td>
<td colspan="1" rowspan="1" style="border-left-style:solid;border-left-width:0.5pt;border-left-color:black;border-bottom-style:solid;border-bottom-width:0.5pt;border-bottom-color:black">
<p>The whole Act.</p>
</td>
</tr>
</table>
</tblock>
</content>
</hcontainer>
</hcontainer>
</portionBody>
</portion>
</akomaNtoso>