Chwilio Deddfwriaeth

European Union (Withdrawal) Act 2018

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes to legislation:

European Union (Withdrawal) Act 2018, Section 8 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

8Dealing with deficiencies arising from withdrawalU.K.

This adran has no associated Nodiadau Esboniadol

(1)A Minister of the Crown may by regulations make such provision as the Minister 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)Deficiencies in retained EU law are where the Minister considers that retained EU law—

(a)contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,

(b)confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,

(c)makes provision for, or in connection with, reciprocal arrangements between—

(i)the United Kingdom or any part of it or a public authority in the United Kingdom, and

(ii)the EU, an EU entity, a member State or a public authority in a member State,

which no longer exist or are no longer appropriate,

(d)makes provision for, or in connection with, other arrangements which—

(i)involve the EU, an EU entity, a member State or a public authority in a member State, or

(ii)are otherwise dependent upon the United Kingdom's membership of the EU [F1or Part 4 of the withdrawal agreement],

and which no longer exist or are no longer appropriate,

(e)makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties [F2or as a result of either the end of the implementation period or any other effect of the withdrawal agreement],

[F3(ea)is not clear in its effect as a result of the operation of any provision of sections 2 to 6 or Schedule 1,]

(f)does not contain any functions or restrictions which—

(i)were in an EU directive and in force immediately before [F4IP completion day] (including any power to make EU tertiary legislation), and

(ii)it is appropriate to retain, or

(g)contains EU references which are no longer appropriate.

(3)There is also a deficiency in retained EU law where the Minister considers that there is—

(a)anything in retained EU law which is of a similar kind to any deficiency which falls within subsection (2), or

(b)a deficiency in retained EU law of a kind described, or provided for, in regulations made by a Minister of the Crown.

(4)But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after [F5IP completion day].

(5)Regulations under subsection (1) may make any provision that could be made by an Act of Parliament.

(6)Regulations under subsection (1) may (among other things) provide for functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be—

(a)exercisable instead by a public authority (whether or not established for the purpose) in the United Kingdom, or

(b)replaced, abolished or otherwise modified.

(7)But regulations under subsection (1) may not—

(a)impose or increase taxation or fees,

(b)make retrospective provision,

(c)create a relevant criminal offence,

(d)establish a public authority,

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(g)amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

(8)No regulations may be made under this section after the end of the period of two years beginning with [F7IP completion day].

(9)The reference in subsection (1) to a failure or other deficiency arising from the withdrawal of the United Kingdom from the EU includes a reference to any failure or other deficiency arising from [F8

(a)any aspect of that withdrawal, including (among other things)—

(i)the end of the implementation period, or

(ii)any other effect of the withdrawal agreement, or

(b)that withdrawal, or any such aspect of it, taken together] with the operation of any provision, or the interaction between any provisions, made by or under this Act [F9or the European Union (Withdrawal Agreement) Act 2020].

Textual Amendments

Modifications etc. (not altering text)

C2S. 8(5)-(7) applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 3(6)(7), 9(3)

Yn ôl i’r brig

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?