European Union (Withdrawal) Act 2018

Part 1 U.K. General consequential provision

Existing ambulatory references to retained direct EU legislation U.K.

1 (1) Any reference [F1 so far as it], immediately before [F2 IP completion day]— U.K.

(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 [F2 IP completion 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 [F3 so far as it] 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.

Textual Amendments

F1 Words in Sch. 8 para. 1(1) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(a)(i)

F2 Words in Sch. 8 para. 1(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F3 Words in Sch. 8 para. 1(2) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(a)(ii)

Commencement Information

I1 Sch. 8 para. 1 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with reg. 19)

[F4 Existing ambulatory references to relevant separation agreement law U.K.

Textual Amendments

F4 Sch. 8 para. 1A and cross-heading inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(b)

1A (1) Any reference which, immediately before IP completion day— U.K.

(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 of the EU Treaties, any EU instrument or any other document of an EU entity,

is, if the treaty, instrument or document has effect on or after IP completion day by virtue of section 7A or 7B and so far as required for the purposes of relevant separation agreement law, to be read on or after that day as, or including, 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).

(2) In sub-paragraph (1) “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).

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

Other existing ambulatory references U.K.

2 (1) Any reference [F5 so far as it]— U.K.

(a) exists, immediately before [F6 IP completion 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 [F6 IP completion 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 [F6 IP completion day], as a reference to the EU Treaty, instrument or document as it has effect immediately before [F6 IP completion day].

(2) Sub-paragraph (1) does not apply to any reference [F7 so far as it] 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.

[F8 (2A) Sub-paragraph (1) does not apply so far as any reference forms part of relevant separation agreement law.]

(3) Sub-paragraphs (1) [F9 to (2A)] are subject to any other provision made by or under this Act or any other enactment.

Textual Amendments

F5 Words in Sch. 8 para. 2(1) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(c)(i)

F6 Words in Sch. 8 para. 2(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(3)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F7 Words in Sch. 8 para. 2(2) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(c)(ii)

F8 Sch. 8 para. 2(2A) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(3)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F9 Words in Sch. 8 para. 2(3) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(3)(c) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

Modifications etc. (not altering text)

C1 Sch. 8 para. 2 excluded (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), s. 9(3), Sch. 1 para. 2

Commencement Information

I2 Sch. 8 para. 2 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with reg. 19)

[F10 Existing non-ambulatory references U.K.

Textual Amendments

F10 Sch. 8 para. 2A and cross-heading inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(d) (as amended by S.I. 2020/1636, regs. 1(3), 4(2))

2A (1) Any reference which, immediately before IP completion day— U.K.

(a) exists in—

(i) any enactment, or

(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, and

(b) is a reference to any of the EU Treaties, any EU instrument or any other document of an EU entity as it has effect at a particular time which is earlier than IP completion day,

is to be read, on or after IP completion day, in accordance with one or more of sub-paragraphs (2) to (4).

(2) If the treaty, instrument or document has effect by virtue of section 7A or 7B on or after IP completion day and so far as required for the purposes of relevant separation agreement law, the reference is to be read on or after that day as, or as including, a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).

(3) So far as—

(a) the reference is a reference to—

(i) any EU regulation, EU decision or EU tertiary legislation,

(ii) any provision of the EEA agreement, or

(iii) any part of anything falling within sub-paragraph (i) or (ii),

(b) what has been referred to (“the subject law”) is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and

(c) there has been no relevant modification of the subject law after the particular time and before IP completion day (or, where the subject law forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, before exit day),

the reference is to be read, on or after IP completion day, as a reference to the subject law as it forms part of domestic law by virtue of section 3 or (as the case may be) section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.

(4) So far as the reference is not to be read in accordance with sub-paragraphs (2) and (3), the reference is to be read, on or after IP completion day, as a reference to the treaty, instrument or document as it had effect in EU law at the particular time.

(5) Sub-paragraph (3) does not determine whether, where the subject law is modified by domestic law on or after IP completion day, the reference is to be read as a reference to the subject law as modified; but, where the subject law forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 and is modified by domestic law before IP completion day, the reference is to be read by virtue of sub-paragraph (3) as a reference to the subject law as so modified.

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

(6A) This paragraph does not apply to a reference in—

(a) the Direct Payments to Farmers (Legislative Continuity) Act 2020 or any subordinate legislation made under that Act, or

(b) any retained direct EU CAP legislation (within the meaning given by section 2(10) of that Act).

(7) In this paragraph—

• “relevant modification” means any modification in EU law which—

  (a)

  is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and

  (b)

  would, if the reference were to the subject law as modified, result in an alteration to the effect of the reference (ignoring any alteration which is irrelevant in the context concerned);

• “the subject law” has the meaning given by sub-paragraph (3)(b);

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

Modifications etc. (not altering text)

C2 Sch. 8 para. 2A(3) excluded (31.12.2020) by The European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020 (Commencement, Transitional and Savings Provisions) Regulations 2020 (S.I. 2020/1622), regs. 1(2), 19(1)

Existing powers to make subordinate legislation etc. U.K.

3 (1) Any power to make, confirm or approve subordinate legislation which— U.K.

(a) was conferred before the day on which this Act is passed, F11 ...

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

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.

F12 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 8 para. 3(1)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(2)(a), 22(1)(d)

F12 Sch. 8 para. 3(2) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(2)(b), 22(1)(d)

Modifications etc. (not altering text)

C3 Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I3 Sch. 8 para. 3 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I4 Sch. 8 para. 3 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)

4 F13 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (5A) Any subordinate legislation which is (or is to be) made, confirmed or approved by virtue of paragraph 3 is subject to the same procedure (if any) before Parliament, the Scottish Parliament, Senedd Cymru 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.]

(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 F15 ... amending or revoking an enactment contained in subordinate legislation do not include references to F15 ... amending or revoking an enactment contained in any Northern Ireland legislation which is an Order in Council.

F16 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 8 para. 4(1)-(5) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(a), 22(1)(d)

F14 Sch. 8 para. 4(5A) inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(b), 22(1)(d)

F15 Words in Sch. 8 para. 4(9) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(c), 22(1)(d)

F16 Sch. 8 para. 4(10) omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(3)(d), 22(1)(d)

Modifications etc. (not altering text)

C3 Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

C4 Sch. 8 para. 4 excluded (29.6.2023) by 2006 c. 51, s. 12(3) (as inserted by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 16(3), 22(1)(d))

Commencement Information

I5 Sch. 8 para. 4 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I6 Sch. 8 para. 4 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)

F17 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 8 para. 5 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(4), 22(1)(d)

F18 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 8 para. 6 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(4), 22(1)(d)

[F19 7 U.K. 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—

(a) on or after exit day, without that restriction, and

(b) on or after IP completion day, without any corresponding restriction in relation to compatibility with retained EU law,

so far as the restriction concerned is not applicable to and in the United Kingdom by virtue of the withdrawal agreement.]

Textual Amendments

F19 Sch. 8 para. 7 substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(4) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxv)

Modifications etc. (not altering text)

C3 Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I7 Sch. 8 para. 7 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I8 Sch. 8 para. 7 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(n)

8 (1) Paragraphs 3 to 7 and this paragraph— U.K.

(a) do not prevent the conferral of wider powers,

F20 (b) ... 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 [F21 IP completion day] so as to come into force on or after [F21 IP completion day].

Textual Amendments

F20 Sch. 8 para. 8(1)(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(4)(c)

F21 Words in Sch. 8 para. 8(3) substituted (30.1.2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(5)(b) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

Modifications etc. (not altering text)

C3 Sch. 8 paras. 3-8 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I9 Sch. 8 para. 8 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I10 Sch. 8 para. 8 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(i)

Review provisions in existing subordinate legislation U.K.

9 (1) In carrying out a review of a provision of subordinate legislation on or after [F22 IP completion 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 [F23 pre-IP completion day] enactment, to have regard to how any former EU obligation is implemented elsewhere than in the United Kingdom. U.K.

(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;

• “[F24 pre-IP completion day] enactment” means an Act passed, or subordinate legislation made, before [F25 IP completion 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.

Textual Amendments

F22 Words in Sch. 8 para. 9(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(6)(a)(i) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F23 Words in Sch. 8 para. 9(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(6)(a)(ii) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F24 Words in Sch. 8 para. 9(2) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(6)(b)(i) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F25 Words in Sch. 8 para. 9(2) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(6)(b)(ii) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

Commencement Information

I11 Sch. 8 para. 9 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n)

Future powers to make subordinate legislation U.K.

F26 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 8 para. 10 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(5), 22(1)(d)

F27 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 8 para. 11 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(5), 22(1)(d)

[F28 11A U.K. —

(1) This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred—

(a) on or after the day on which this Act is passed, and

(b) before the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.

(2) The power 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.

(3) But sub-paragraph (2) enables a power in retained direct minor EU legislation to be exercised to modify (or result in the modification of) any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4 only if—

(a) the modification is—

(i) consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and

(ii) supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation, or

(b) the power is a power to make, confirm or approve transitional, transitory or saving provision.]

Textual Amendments

F28 Sch. 8 paras. 11A, 11B inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(6), 22(1)(d)

[F28 11B U.K. —

(1) This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred on or after the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.

(2) The power is to be read, so far as applicable and unless the contrary intention appears, 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.

(3) But sub-paragraph (2) enables a power in retained direct minor EU legislation to be exercised to modify (or result in the modification of) any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4 only if—

(a) the modification is—

(i) consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and

(ii) supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation, or

(b) the power is a power to make, confirm or approve transitional, transitory or saving provision.

(4) For the purposes of sub-paragraph (2), there is no contrary intention merely because a power is expressed as being capable of being exercised—

(a) to modify all enactments or a particular category of enactments, or

(b) to make a particular category of modifications to all enactments or to a particular category of enactments.]

Textual Amendments

F28 Sch. 8 paras. 11A, 11B inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(6), 22(1)(d)

12 (1) Paragraphs [F29 11A and 11B] and this paragraph— U.K.

(a) do not prevent the conferral of wider powers,

F30 (b) ... and

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

(2) For the purposes of paragraphs [F31 11A and 11B]—

(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 [F32 this Act and before IP completion day], is capable of being exercised to modify any retained EU law is capable of being so exercised before [F33 IP completion day] so as to come into force on or after [F33 IP completion day].

[F34 (4) Sub-paragraph (5) applies in relation to a power if—

(a) paragraph 11A applies in relation to the power, and

(b) immediately before the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023, and by virtue of a combination of provision in the power and paragraph 10 or 11 as it then had effect, the power was 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.

(5) The continued existence of the provision in the power does not prevent the context from permitting or requiring the power to be read in accordance with paragraph 11A so far as the reading provided for by that paragraph is not provided for by the provision concerned (and, accordingly, the power continues to be capable of being exercised as mentioned in sub-paragraph (4) on and after the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023).]

Textual Amendments

F29 Words in Sch. 8 para. 12(1) substituted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(7)(a), 22(1)(d)

F30 Sch. 8 para. 12(1)(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(4)(c)

F31 Words in Sch. 8 para. 12(2) substituted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(7)(a), 22(1)(d)

F32 Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(i) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

F33 Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(ii) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

F34 Sch. 8 para. 12(4)(5) inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(7)(b), 22(1)(d)

Modifications etc. (not altering text)

C5 Sch. 8 paras. 10-12 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I12 Sch. 8 para. 12 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I13 Sch. 8 para. 12 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)

F35 ... U.K.

Textual Amendments

F35 Sch. 8 para. 13 cross-heading omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1), 22(1)(d) (with s. 10(3))

F36 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Sch. 8 para. 13 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1)(a), 22(1)(d) (with s. 10(3))

F37 ... U.K.

Textual Amendments

F37 Sch. 8 para. 14 cross-heading omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1), 22(1)(d) (with s. 10(3))

F38 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 8 para. 14 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1)(b), 22(1)(d) (with s. 10(3))

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

F39 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Sch. 8 para. 15 omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1)(c), 22(1)(d) (with s. 10(3))

16 (1) This paragraph applies where, on or after [F40 IP completion day]— U.K.

(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 [F41 IP completion day] including where the power is conferred by regulations under this Act (but not where it is conferred by this Act).

[F42 (7) The references in this paragraph 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).]

(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.

[F43 (9) This paragraph does not apply where the amendment or revocation of subordinate legislation is for the purposes of—

(a) the withdrawal agreement (other than Part 4 of that agreement),

(b) the EEA EFTA separation agreement, F44 ...

(c) the Swiss citizens' rights agreement [F45 , or

(d) a future relationship agreement].]

Textual Amendments

F40 Words in Sch. 8 para. 16(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(11)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F41 Words in Sch. 8 para. 16(6) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(11)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F42 Sch. 8 para. 16(7) substituted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(2)(b), 22(1)(d) (with s. 10(3))

F43 Sch. 8 para. 16(9) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(11)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F44 Word in Sch. 8 para. 16(9)(b) omitted (31.12.2020) by virtue of European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 6 para. 8(a); S.I. 2020/1662, reg. 2(ff)

F45 Sch. 8 para. 16(9)(d) and word inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 6 para. 8(b); S.I. 2020/1662, reg. 2(ff)

Commencement Information

I14 Sch. 8 para. 16 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n)