European Union (Withdrawal) Act 2018

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

SCHEDULE 3U.K.Further amendments of devolution legislation and reporting requirement

This Atodlen has no associated Nodiadau Esboniadol

Part 1U.K.Corresponding provision in relation to executive competence

Scotland Act 1998U.K.

1U.K.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

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Sch. 3 para. 1(b) in force for specified purposes at Royal Assent, see s. 25(3)(a)

I2Sch. 3 para. 1(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I3Sch. 3 para. 1(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F2...U.K.

Textual Amendments

F22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement Information

I4Sch. 3 para. 2 in force for specified purposes at Royal Assent, see s. 25(3)(b)

I5Sch. 3 para. 2 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

Northern Ireland Act 1998U.K.

3U.K.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

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I6Sch. 3 para. 3(b) in force for specified purposes at Royal Assent, see s. 25(3)(c)

I7Sch. 3 para. 3(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

I8Sch. 3 para. 3(b) in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F4Part 2U.K.Reports in connection with retained EU law restrictions

Textual Amendments

F4Reports on progress towards removing retained EU law restrictionsU.K.

F44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4InterpretationU.K.

F45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 U.K.Other amendments of devolution legislation

Scotland Act 1998U.K.

6U.K.The Scotland Act 1998 is amended as follows.

Commencement Information

I9Sch. 3 para. 6 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

7U.K.In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

Commencement Information

I10Sch. 3 para. 7 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

8U.K.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”.

Commencement Information

I11Sch. 3 para. 8 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

9(1)Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.U.K.

(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”.

Commencement Information

I12Sch. 3 para. 9 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

10U.K.In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Commencement Information

I13Sch. 3 para. 10 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

11U.K.Omit section 34 (ECJ references).

Commencement Information

I14Sch. 3 para. 11 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

12(1)Section 36 (stages of Bills) is amended as follows.U.K.

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

(3)In subsection (5)(a), omit “, (b)”.

Commencement Information

I15Sch. 3 para. 12 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 11, 22)

13(1)Section 57 (EU law and Convention rights) is amended as follows.U.K.

(2)In the heading—

(a)omit “EU law and”, and

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Omit subsection (1).

Textual Amendments

Commencement Information

I16Sch. 3 para. 13 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

14(1)Section 80D (Scottish taxpayers) is amended as follows.U.K.

(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) ”.

Commencement Information

I17Sch. 3 para. 14 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

15U.K.In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I18Sch. 3 para. 15 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 12 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

16(1)Section 82 (limits on salaries of members of the Parliament) is amended as follows.U.K.

(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) ”.

Commencement Information

I19Sch. 3 para. 16 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

17(1)Section 106 (power to adapt functions) is amended as follows.U.K.

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

(3)Omit subsection (7).

Commencement Information

I20Sch. 3 para. 17 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

18U.K.In section 119 (Consolidated Fund etc.), omit subsection (4).

Commencement Information

I21Sch. 3 para. 18 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

19(1)Section 126 (interpretation) is amended as follows.U.K.

(2)Omit subsection (9).

(3)In subsection (10), omit “EU law or”.

Commencement Information

I22Sch. 3 para. 19 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

20U.K.In section 127 (index of defined expressions), omit the entry for EU law.

Commencement Information

I23Sch. 3 para. 20 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

21(1)Schedule 4 (enactments etc. protected from modification) is amended as follows.U.K.

(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).

Commencement Information

I24Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

I25Sch. 3 para. 21(1)(2)(a)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

22U.K.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. ”

Commencement Information

I26Sch. 3 para. 22 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

23(1)Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.U.K.

F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) ”.

Textual Amendments

Commencement Information

I27Sch. 3 para. 23 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F724U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F825U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

26U.K.In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.

Commencement Information

I28Sch. 3 para. 26 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

Government of Wales Act 2006U.K.

27U.K.The Government of Wales Act 2006 is amended as follows.

Commencement Information

I29Sch. 3 para. 27 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

28U.K.In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.

Commencement Information

I30Sch. 3 para. 28 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

29U.K.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”.

Commencement Information

I31Sch. 3 para. 29 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

30(1)Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.U.K.

(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.

Commencement Information

I32Sch. 3 para. 30 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

31U.K.In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.

Commencement Information

I33Sch. 3 para. 31 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

32(1)Section 21 (limit on salaries of Assembly members) is amended as follows.U.K.

(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) ”.

Commencement Information

I34Sch. 3 para. 32 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

33U.K.In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “ retained EU obligations ”.

Commencement Information

I35Sch. 3 para. 33 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

34U.K.Omit section 58B (implementation of EU law: general).

Commencement Information

I36Sch. 3 para. 34 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

35(1)Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.U.K.

(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 ”.

Commencement Information

I37Sch. 3 para. 35 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

36U.K.In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “ Retained ”.

Commencement Information

I38Sch. 3 para. 36 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

37(1)Section 80 (EU law) is amended as follows.U.K.

(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 ”.

F9(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I39Sch. 3 para. 37 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

38U.K.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)”.

Commencement Information

I40Sch. 3 para. 38 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

39U.K.Omit section 113 (ECJ references).

Commencement Information

I41Sch. 3 para. 39 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

40U.K.In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Commencement Information

I42Sch. 3 para. 40 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

41(1)Section 116E (Welsh taxpayers) is amended as follows.U.K.

(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) ”.

Commencement Information

I43Sch. 3 para. 41 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

42U.K.In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Commencement Information

I44Sch. 3 para. 42 in force at 31.12.2020 with effect in relation to the tax year 2020-21 and subsequent tax years in accordance with reg. 15 of the commencing S.I. by S.I. 2020/1622, reg. 3(l) (with reg. 10)

F1043U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

44U.K.In section 158(1) (interpretation)—

(a)omit the definition of “EU law”, and

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

Commencement Information

I45Sch. 3 para. 44 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

45U.K.In section 159 (index of defined expressions), omit the entry for EU law.

Commencement Information

I46Sch. 3 para. 45 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

46U.K.In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).

Commencement Information

I47Sch. 3 para. 46 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

47U.K.In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—

“77The 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.”

Commencement Information

I48Sch. 3 para. 47 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

48U.K.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 2018The whole Act.”

Commencement Information

I49Sch. 3 para. 48(b) in force at Royal Assent, see s. 25(1)(b)

I50Sch. 3 para. 48(a) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

49U.K.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).

Commencement Information

I51Sch. 3 para. 49 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

Northern Ireland Act 1998U.K.

50U.K.The Northern Ireland Act 1998 is amended as follows.

Commencement Information

I52Sch. 3 para. 50 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

51(1)Section 7 (entrenched enactments) is amended as follows.U.K.

(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.”

Commencement Information

I53Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

I54Sch. 3 para. 51(1)(2)(a)(b)(3) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

52U.K.Omit section 12 (reconsideration where reference made to ECJ).

Commencement Information

I55Sch. 3 para. 52 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

53U.K.In section 13 (stages of Bills), omit subsection (5)(b).

Commencement Information

I56Sch. 3 para. 53 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

54U.K.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.

Commencement Information

I57Sch. 3 para. 54 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 16, 22)

55U.K.In the heading of section 24 (EU law, Convention rights etc.)—

(a)omit “EU law,”, and

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I58Sch. 3 para. 55 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

56(1)Section 27 (quotas for purposes of international etc. obligations) is amended as follows.U.K.

(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.”

Commencement Information

I59Sch. 3 para. 56 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F1257U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1358U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

59U.K.In section 98(1) (interpretation)—

(a)omit the definition of “EU law”, and

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

Commencement Information

I60Sch. 3 para. 59 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

60(1)Schedule 2 (excepted matters) is amended as follows.U.K.

(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”.

Commencement Information

I61Sch. 3 para. 60 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

61U.K.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 ”.

Commencement Information

I62Sch. 3 para. 61 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with reg. 10)

62U.K.In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.

Commencement Information

I63Sch. 3 para. 62 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)