- Latest available (Revised)
- Original (As enacted)
European Union (Withdrawal) Act 2018, Paragraph 41 is up to date with all changes known to be in force on or before 17 August 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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 [F1IP completion day],
(b)any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before [F1IP completion day], or
(c)any other subordinate legislation made before [F1IP completion 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 [F1IP completion 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 [F1IP completion day] if the provision—
(a)comes into force on or after [F1IP 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 [F1IP completion day], on or after [F1IP 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 [F1IP completion day] if the provision—
(a)comes into force on or after [F1IP 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 [F1IP completion day], on or after [F1IP 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 [F1IP completion day] if the provision—
(a)comes into force on or after [F1IP 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 [F1IP completion day], on or after [F1IP 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 [F1IP completion day] of any subordinate legislation if the legislation—
(a)comes into force on or after [F1IP 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 [F1IP completion day] of any subordinate legislation if the legislation—
(a)comes into force on or after [F1IP 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 [F1IP completion day] of any subordinate legislation if the legislation—
(a)comes into force on or after [F1IP 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 [F1IP 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 [F2the 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
F1Words 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)
F2Sch. 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
I1Sch. 8 para. 41(10) in force at Royal Assent, see s. 25(1)(g)
I2Sch. 8 para. 41(1)(2) in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with regs. 10, 20, 21)
I3Sch. 8 para. 41(3)-(9) in force at 1.3.2019 by S.I. 2019/399, reg. 2(a)
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
The Schedules 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: