The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

Amendment of Interpretation Act 1978

2.—(1) The Interpretation Act 1978(1) is amended as follows.

(2) In section 20 (references to other enactments)—

(a) in the heading after “enactments” insert “etc.”,

(b) after subsection (2), insert—

“(2A) Where—

(a) an Act passed on or after IP completion day refers to any treaty relating to the EU or any instrument or other document of an EU entity, and

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

the reference, unless the contrary intention appears and so far as required for the purposes of relevant separation agreement law, is a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).”,

(c) in subsection (3), for “Where” substitute “Subject to subsection (2A), where”,

(d) in subsection (5)—

(i) for “subsection (3) or” substitute “subsections (2A) to”, and

(ii) for “that subsection” substitute “the subsection concerned”,

(e) after subsection (5), insert—

“(6) In this section, “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).”.

(3) In section 20A (references to EU instruments), in the heading, after “to” insert “certain”.

(4) In section 22(1) (application to Acts and Measures)—

(a) for “20(3) to (5)” substitute “20(2A) to (6)”, and

(b) for “in section 20(3)” substitute “in section 20(2A) or (3)”.

(5) After paragraph 7 of Schedule 2, insert—

“8.   The definition in Schedule 1 of “enactment”, in so far as it relates to retained direct EU legislation, applies to subordinate legislation made at any time before the commencement of this Act as it applies to Acts passed at that time.”.

(1)

1978 c. 30.