European Union (Withdrawal) Act 2018

Devolution U.K.

41 (1) The amendments made by section 12 and Part 1 of Schedule 3 do not affect the validity of— U.K.

(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 [F1 IP completion day] if the provision—

(a) comes into force on or after [F1 IP completion 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 [F1 IP completion day], on or after [F1 IP completion 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 [F1 IP completion day] if the provision—

(a) comes into force on or after [F1 IP completion 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 [F1 IP completion day], on or after [F1 IP completion 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 [F1 IP completion day] if the provision—

(a) comes into force on or after [F1 IP completion 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 [F1 IP completion day], on or after [F1 IP completion 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 [F1 IP completion day] of any subordinate legislation if the legislation—

(a) comes into force on or after [F1 IP completion 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 [F1 IP completion day] of any subordinate legislation if the legislation—

(a) comes into force on or after [F1 IP completion 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 [F1 IP completion day] of any subordinate legislation if the legislation—

(a) comes into force on or after [F1 IP completion 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 [F1 IP completion 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 [F2 the making of regulations under Schedule 2 or 4] [F2 —

(a) the making of regulations before exit day under Part 1A of Schedule 2, or

(b) the making of regulations under—

(i) Part 1B or 1C of Schedule 2, or

(ii) Schedule 4.]

Textual Amendments

F1 Words in Sch. 8 para. 41 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(7)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxvii); S.I. 2020/1622, reg. 5(j)

F2 Sch. 8 para. 41(10)(a)(b) substituted for words (23.1.2020 for specified purposes, 19.5.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(ix), Sch. 5 para. 56(7)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(p)(iv)

Commencement Information

I1 Sch. 8 para. 41(10) in force at Royal Assent, see s. 25(1)(g)

I2 Sch. 8 para. 41(3)-(9) in force at 1.3.2019 by S.I. 2019/399, reg. 2(a)

Yn ddilys o 31/12/2020

42 U.K. 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 U.K. 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.