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European Union (Withdrawal) Act 2018
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Changes over time for: Paragraph 23
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Changes to legislation:
European Union (Withdrawal) Act 2018, Paragraph 23 is up to date with all changes known to be in force on or before 26 November 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.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(5ZA) inserted by 2023 c. 28 s. 6(4)
- s. 6(6B) inserted by 2023 c. 28 s. 6(6)
- s. 6A-6C inserted by 2023 c. 28 s. 6(8)
- s. 6A word substituted by 2023 c. 28 Sch. 2 para. 8(4)
- s. 6B word substituted by 2023 c. 28 Sch. 2 para. 8(5)
- s. 6C word substituted by 2023 c. 28 Sch. 2 para. 8(6)
This section has no associated Explanatory Notes
23(1)The fact that anything continues to be, or forms part of, domestic law by virtue of any provision of [F1sections 1A] to 6 or Schedule 1 does not prevent it from being modified by regulations made under section 23(1) in consequence of any other provision made by or under this Act.U.K.
(2)Accordingly, [F2anything which continues to be domestic law by virtue of section 1B(2) or] any [F3assimilated] law may, for example, be modified by regulations made under section 23(1) in consequence of the repeal of any enactment contained in the European Communities Act 1972.
(3)The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with—
(a)the repeal of any enactment contained in the European Communities Act 1972, or
(b)the withdrawal of the United Kingdom from the EU,
which is additional to that made by any provision of [F4sections 1A] to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
(4)The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which—
(a)is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—
(i)the repeal of any enactment contained in the European Communities Act 1972, or
(ii)the withdrawal of the United Kingdom from the EU, and
(b)is additional to that made by any provision of [F5sections 1A] to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
(5)Provision of the kind mentioned in sub-paragraph (3) or (4) may (among other things) include further provision treating any provision of that kind as [F6anything which continues to be domestic law by virtue of section 1B(2), or as [F3assimilated] law,] for particular purposes or all purposes.
Textual Amendments
F1Words in Sch. 7 para. 23(1) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(a) (with s. 38(3), Sch. 5 para. 66)
F2Words in Sch. 7 para. 23(2) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(b) (with s. 38(3), Sch. 5 para. 66)
F3Word in Sch. 7 para. 23 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(14)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
F4Words in Sch. 7 para. 23(3) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(c) (with s. 38(3), Sch. 5 para. 66)
F5Words in Sch. 7 para. 23(4)(b) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(d) (with s. 38(3), Sch. 5 para. 66)
F6Words in Sch. 7 para. 23(5) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(e) (with s. 38(3), Sch. 5 para. 66)
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