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European Union (Withdrawal) Act 2018

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Repeal of the ECAU.K.

1Repeal of the European Communities Act 1972U.K.

The European Communities Act 1972 is repealed on exit day.

Commencement Information

I1S. 1 in force at 17.8.2019 by S.I. 2019/1198, reg. 2

[F1Savings for implementation periodU.K.

Textual Amendments

1ASaving for ECA for implementation periodU.K.

(1)Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

(2)The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).

(3)The Act of 1972 has effect on and after exit day as if —

(a)the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—

(i)included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but

(ii)were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,

(b)the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(c)section 2(3) (payment of EU costs etc.) were omitted,

(d)in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—

(i)the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and

(ii)the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,

(e)references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(f)in Part 2 of Schedule 1 (general definitions in relation to the EU)—

(i)in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(ii)in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.

(4)In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.

(5)Subsections (1) to (4) are repealed on IP completion day.

(6)In this Act—

  • “the implementation period” means the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day;

  • “IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act);

  • “withdrawal agreement” has the same meaning as in that Act (see section 39(1) and (6) of that Act).

(7)In this Act—

(a)references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and

(b)references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.]

[F21BSaving for EU-derived domestic legislation for implementation periodU.K.

(1)Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

(2)EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows.

(3)Any enactment which continues to have effect by virtue of subsection (2) is to be read, on and after exit day and so far as the context permits or requires, as if—

(a)any reference to an expression which is to be read in accordance with Schedule 1 to the Interpretation Act 1978 and is an expression defined by section 1 of, or Part 2 of Schedule 1 to, the European Communities Act 1972 were a reference to that expression as defined by that section or that Part of that Schedule as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

(b)any reference (however expressed and subject to paragraph (a) above) to—

(i)EU law,

(ii)any particular EU Treaty or any part of it,

(iii)any EU instrument, or other document of an EU entity or of the EU, or any part of any such instrument or document,

(iv)any part of EU law not falling within sub-paragraph (ii) or (iii),

(v)any tax, duty, levy or interests of the EU, or

(vi)any arrangement involving, or otherwise relating to, the EU of a kind not falling within sub-paragraph (i), (ii), (iii), (iv) or (v),

were a reference to any such thing so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(c)any reference (however expressed and subject to paragraph (a) above) to the European Communities Act 1972 were or (as the case may be) included a reference to the Act of 1972 as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

(d)any reference (however expressed) to the area of the EU or of the EEA included the United Kingdom,

(e)any reference (however expressed) to a citizen of the EU or a national of the EEA included a United Kingdom national (within the meaning given by Article 2(d) of the withdrawal agreement), and

(f)such other modifications were made as—

(i)are provided for by regulations under section 8A or Part 1A of Schedule 2, or

(ii)so far as not so provided, are necessary for any purpose of Part 4 of the withdrawal agreement and are capable of being ascertained from any such purpose or otherwise from that Part of that agreement.

(4)Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP completion day is, unless the contrary intention appears, to be read in accordance with subsection (3) (and anything done or omitted to be done in connection with any such enactment is to be understood, and has effect, accordingly).

(5)Subsections (2) to (4) are subject to any regulations made under section 8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under the European Union (Withdrawal Agreement) Act 2020.

(6)Subsections (1) to (5) are repealed on IP completion day.

(7)In this Act “EU-derived domestic legislation” means any enactment so far as—

(a)made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,

(b)passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,

(c)relating to—

(i)anything which falls within paragraph (a) or (b), or

(ii)any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or

(d)relating otherwise to the EU or the EEA,

but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020.]

Textual Amendments

Retention of existing EU lawU.K.

Valid from 31/12/2020

2Saving for EU-derived domestic legislationU.K.

(1)EU-derived domestic legislation, as it has effect in domestic law immediately before [F3IP completion day], continues to have effect in domestic law on and after [F3IP completion day].

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) [F5and section 5A (savings and incorporation: supplementary)].

Textual Amendments

Commencement Information

I2S. 2 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(a)

Valid from 31/12/2020

3Incorporation of direct EU legislationU.K.

(1)Direct EU legislation, so far as operative immediately before [F6IP completion day], forms part of domestic law on and after [F6IP completion day].

(2)In this Act “direct EU legislation” means—

(a)any EU regulation, EU decision or EU tertiary legislation, as it has effect in EU law immediately before [F7IP completion day] and so far as—

[F8(ai)it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

[F9(bi)it neither has effect nor is to have effect by virtue of section 7A or 7B,]]

(i)it is not an exempt EU instrument (for which see section 20(1) and Schedule 6), [F10and]

F11(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)its effect is not reproduced in an enactment to which section 2(1) applies,

(b)any Annex to the EEA agreement, as it has effect in EU law immediately before [F12IP completion day] and so far as—

[F13(ai)it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(bi)it neither has effect nor is to have effect by virtue of section 7A or 7B,]

(i)it refers to, or contains adaptations of, anything falling within paragraph (a), and

(ii)its effect is not reproduced in an enactment to which section 2(1) applies, or

(c)Protocol 1 to the EEA agreement (which contains horizontal adaptations that apply in relation to EU instruments referred to in the Annexes to that agreement), as it has effect in EU law immediately before [F14IP completion day and so far as—

(i)it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(ii)it neither has effect nor is to have effect by virtue of section 7A or 7B].

(3)For the purposes of this Act, any direct EU legislation is operative immediately before [F15IP completion day] if—

(a)in the case of anything which comes into force at a particular time and is stated to apply from a later time, it is in force and applies immediately before [F15IP completion day],

(b)in the case of a decision which specifies to whom it is addressed, it has been notified to that person before [F15IP completion day], and

(c)in any other case, it is in force immediately before [F15IP completion day].

(4)This section—

(a)brings into domestic law any direct EU legislation only in the form of the English language version of that legislation, and

(b)does not apply to any such legislation for which there is no such version,

but paragraph (a) does not affect the use of the other language versions of that legislation for the purposes of interpreting it.

(5)This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) [F16and section 5A (savings and incorporation: supplementary)].

Textual Amendments

F9S. 3(2)(a)(bi) omitted for specified purposes (31.12.2020) by virtue of Agriculture Act 2020 (c. 21), ss. 18, 57(1)(a)

Modifications etc. (not altering text)

C1S. 3 modified (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1, 2

C2S. 3 modified (31.12.2020) by virtue of Agriculture Act 2020 (c. 21), ss. 18, 57(1)(a)

Commencement Information

I3S. 3 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(b)

Valid from 31/12/2020

4Saving for rights etc. under section 2(1) of the ECAU.K.

(1)Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which, immediately before [F17IP completion day]—

(a)are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, and

(b)are enforced, allowed and followed accordingly,

continue on and after [F17IP completion day] to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

(2)Subsection (1) does not apply to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they—

(a)form part of domestic law by virtue of section 3,

[F18(aa)are, or are to be, recognised and available in domestic law (and enforced, allowed and followed accordingly) by virtue of section 7A or 7B,] or

(b)arise under an EU directive (including as applied by the EEA agreement) and are not of a kind recognised by the European Court or any court or tribunal in the United Kingdom in a case decided before [F19IP completion day] (whether or not as an essential part of the decision in the case).

(3)This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) [F20and section 5A (savings and incorporation: supplementary)].

Textual Amendments

Modifications etc. (not altering text)

C5S. 4(1) excluded (23.7.2020 for specified purposes) by Finance Act 2019 (c. 1), ss. 76(3), 79(1) (as substituted by 2020 c. 14, Sch. 12 para. 8(2))

Commencement Information

I4S. 4 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(c)

5Exceptions to savings and incorporationU.K.

(1)The principle of the supremacy of EU law does not apply to any enactment or rule of law passed or made on or after exit day.

(2)Accordingly, the principle of the supremacy of EU law continues to apply on or after exit day so far as relevant to the interpretation, disapplication or quashing of any enactment or rule of law passed or made before exit day.

(3)Subsection (1) does not prevent the principle of the supremacy of EU law from applying to a modification made on or after exit day of any enactment or rule of law passed or made before exit day if the application of the principle is consistent with the intention of the modification.

(4)The Charter of Fundamental Rights is not part of domestic law on or after exit day.

(5)Subsection (4) does not affect the retention in domestic law on or after exit day in accordance with this Act of any fundamental rights or principles which exist irrespective of the Charter (and references to the Charter in any case law are, so far as necessary for this purpose, to be read as if they were references to any corresponding retained fundamental rights or principles).

(6)Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

[F21(7)Subsections (1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).]

Textual Amendments

Commencement Information

I5S. 5(6) in force at 4.7.2018 for specified purposes by S.I. 2018/808, reg. 3(a)

6Interpretation of retained EU lawU.K.

(1)A court or tribunal—

(a)is not bound by any principles laid down, or any decisions made, on or after [F22IP completion day] by the European Court, and

(b)cannot refer any matter to the European Court on or after [F22IP completion day].

(2)Subject to this and subsections (3) to (6), a court or tribunal may have regard to anything done on or after [F22IP completion day] by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal.

(3)Any question as to the validity, meaning or effect of any retained EU law is to be decided, so far as that law is unmodified on or after [F22IP completion day] and so far as they are relevant to it—

(a)in accordance with any retained case law and any retained general principles of EU law, and

(b)having regard (among other things) to the limits, immediately before [F22IP completion day], of EU competences.

(4)But—

(a)the Supreme Court is not bound by any retained EU case law,

(b)the High Court of Justiciary is not bound by any retained EU case law when—

(i)sitting as a court of appeal otherwise than in relation to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) or a devolution issue (within the meaning given by paragraph 1 of Schedule 6 to the Scotland Act 1998), or

(ii)sitting on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995,

[F23(ba)a relevant court or relevant tribunal is not bound by any retained EU case law so far as is provided for by regulations under subsection (5A),] and

(c)no court or tribunal is bound by any retained domestic case law that it would not otherwise be bound by.

(5)In deciding whether to depart from any retained EU case law [F24by virtue of subsection (4)(a) or (b)], the Supreme Court or the High Court of Justiciary must apply the same test as it would apply in deciding whether to depart from its own case law.

[F25(5A)A Minister of the Crown may by regulations provide for—

(a)a court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section,

(b)the extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law,

(c)the test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, or

(d)considerations which are to be relevant to—

(i)the Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), or

(ii)a relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.

(5B)Regulations under subsection (5A) may (among other things) provide for—

(a)the High Court of Justiciary to be a relevant court when sitting otherwise than as mentioned in subsection (4)(b)(i) and (ii),

(b)the extent to which, or circumstances in which, a relevant court or relevant tribunal not being bound by retained EU case law includes (or does not include) that court or tribunal not being bound by retained domestic case law which relates to retained EU case law,

(c)other matters arising in relation to retained domestic case law which relates to retained EU case law (including by making provision of a kind which could be made in relation to retained EU case law), or

(d)the test mentioned in paragraph (c) of subsection (5A) or the considerations mentioned in paragraph (d) of that subsection to be determined (whether with or without the consent of a Minister of the Crown) by a person mentioned in subsection (5C)(a) to (e) or by more than one of those persons acting jointly.

(5C)Before making regulations under subsection (5A), a Minister of the Crown must consult—

(a)the President of the Supreme Court,

(b)the Lord Chief Justice of England and Wales,

(c)the Lord President of the Court of Session,

(d)the Lord Chief Justice of Northern Ireland,

(e)the Senior President of Tribunals, and

(f)such other persons as the Minister of the Crown considers appropriate.

(5D)No regulations may be made under subsection (5A) after IP completion day.]

(6)Subsection (3) does not prevent the validity, meaning or effect of any retained EU law which has been modified on or after [F22IP completion day] from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications.

[F26(6A)Subsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).]

(7)In this Act—

  • “retained case law” means—

    (a)

    retained domestic case law, and

    (b)

    retained EU case law;

  • “retained domestic case law” means any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before [F22IP completion day] and so far as they—

    (a)

    relate to anything to which section 2, 3 or 4 applies, and

    (b)

    are not excluded by section 5 or Schedule 1,

    (as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

  • “retained EU case law” means any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before [F22IP completion day] and so far as they—

    (a)

    relate to anything to which section 2, 3 or 4 applies, and

    (b)

    are not excluded by section 5 or Schedule 1,

    (as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

  • “retained EU law” means anything which, on or after [F22IP completion day], continues to be, or forms part of, domestic law by virtue of section 2, 3 or 4 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time);

  • “retained general principles of EU law” means the general principles of EU law, as they have effect in EU law immediately before [F22IP completion day] and so far as they—

    (a)

    relate to anything to which section 2, 3 or 4 applies, and

    (b)

    are not excluded by section 5 or Schedule 1,

    (as those principles are modified by or under this Act or by other domestic law from time to time).

Textual Amendments

F22Words in s. 6 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), ss. 26(1)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(i)

F24Words in s. 6(5) inserted (30.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(c), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c)

F25S. 6(5A)-(5D) inserted (30.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 26(1)(d), 42(7) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/518, reg. 2(l)

Modifications etc. (not altering text)

Commencement Information

I6S. 6(7) in force at 4.7.2018 by S.I. 2018/808, reg. 3(b)

I7S. 6 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

7Status of retained EU lawU.K.

(1)Anything which—

(a)was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

(b)continues to be domestic law on and after exit day by virtue of [F27section 1A(2) or 1B(2)],

continues to be domestic law as an enactment of the same kind.

(2)Retained direct principal EU legislation cannot be modified by any primary or subordinate legislation other than—

(a)an Act of Parliament,

(b)any other primary legislation (so far as it has the power to make such a modification), or

(c)any subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

(i)paragraph 3, 5(3)(a) or (4)(a), 8(3), 10(3)(a) or (4)(a), 11(2)(a) or 12(3) of Schedule 8,

(ii)any other provision made by or under this Act,

(iii)any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

(iv)any provision made on or after the passing of this Act by or under primary legislation.

(3)Retained direct minor EU legislation cannot be modified by any primary or subordinate legislation other than—

(a)an Act of Parliament,

(b)any other primary legislation (so far as it has the power to make such a modification), or

(c)any subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

(i)paragraph 3, 5(2) or (4)(a), 8(3), 10(2) or (4)(a) or 12(3) of Schedule 8,

(ii)any other provision made by or under this Act,

(iii)any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

(iv)any provision made on or after the passing of this Act by or under primary legislation.

(4)Anything which is retained EU law by virtue of section 4 cannot be modified by any primary or subordinate legislation other than—

(a)an Act of Parliament,

(b)any other primary legislation (so far as it has the power to make such a modification), or

(c)any subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

(i)paragraph 3, 5(3)(b) or (4)(b), 8(3), 10(3)(b) or (4)(b), 11(2)(b) or 12(3) of Schedule 8,

(ii)any other provision made by or under this Act,

(iii)any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

(iv)any provision made on or after the passing of this Act by or under primary legislation.

(5)For other provisions about the status of retained EU law, see—

(a)section 5(1) to (3) (status of retained EU law in relation to other enactments or rules of law),

(b)section 6 (status of retained case law and retained general principles of EU law),

(c)section 15(2) and Part 2 of Schedule 5 (status of retained EU law for the purposes of the rules of evidence),

(d)paragraphs 13 to 16 of Schedule 8 (affirmative and enhanced scrutiny procedure for, and information about, instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972 including subordinate legislation implementing EU directives),

(e)paragraphs 19 and 20 of that Schedule (status of certain retained direct EU legislation for the purposes of the Interpretation Act 1978), and

(f)paragraph 30 of that Schedule (status of retained direct EU legislation for the purposes of the Human Rights Act 1998).

(6)In this Act—

  • “retained direct minor EU legislation” means any retained direct EU legislation which is not retained direct principal EU legislation;

  • “retained direct principal EU legislation” means—

    (a)

    any EU regulation so far as it—

    (i)

    forms part of domestic law on and after [F28IP completion day] by virtue of section 3, and

    (ii)

    was not EU tertiary legislation immediately before [F28IP completion day], or

    (b)

    any Annex to the EEA agreement so far as it—

    (i)

    forms part of domestic law on and after [F28IP completion day] by virtue of section 3, and

    (ii)

    refers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a),

    (as modified by or under this Act or by other domestic law from time to time).

Textual Amendments

Modifications etc. (not altering text)

C7S. 7(2)(3) 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

I8S. 7(2)(3) in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I9S. 7(1)(6) in force at 31.1.2020 by S.I. 2020/74, reg. 2(a)

[F29Further aspects of withdrawalU.K.

Textual Amendments

7AGeneral implementation of remainder of withdrawal agreementU.K.

(1)Subsection (2) applies to—

(a)all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the withdrawal agreement, and

(b)all such remedies and procedures from time to time provided for by or under the withdrawal agreement,

as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom.

(2)The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

(a)recognised and available in domestic law, and

(b)enforced, allowed and followed accordingly.

(3)Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

(4)This section does not apply in relation to Part 4 of the withdrawal agreement so far as section 2(1) of the European Communities Act 1972 applies in relation to that Part.

(5)See also (among other things)—

(a)Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

(b)section 20 of that Act (financial provision),

(c)section 7C of this Act (interpretation of law relating to withdrawal agreement etc.),

(d)section 8B of this Act (power in connection with certain other separation issues),

(e)section 8C of this Act (power in connection with the Protocol on Ireland/Northern Ireland in withdrawal agreement), and

(f)Parts 1B and 1C of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues and the Ireland/Northern Ireland Protocol).]

[F307BGeneral implementation of EEA EFTA and Swiss agreementsU.K.

(1)Subsection (2) applies to all such rights, powers, liabilities, obligations, restrictions, remedies and procedures as—

(a)would from time to time be created or arise, or (in the case of remedies or procedures) be provided for, by or under the EEA EFTA separation agreement or the Swiss citizens' rights agreement, and

(b)would, in accordance with Article 4(1) of the withdrawal agreement, be required to be given legal effect or used in the United Kingdom without further enactment,

if that Article were to apply in relation to the EEA EFTA separation agreement and the Swiss citizens' rights agreement, those agreements were part of EU law and the relevant EEA states and Switzerland were member States.

(2)The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

(a)recognised and available in domestic law, and

(b)enforced, allowed and followed accordingly.

(3)Every enactment (other than section 7A but otherwise including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

(4)See also (among other things)—

(a)Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

(b)section 7C of this Act (interpretation of law relating to the EEA EFTA separation agreement and the Swiss citizens' rights agreement etc.),

(c)section 8B of this Act (power in connection with certain other separation issues), and

(d)Part 1B of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues).

(5)In this section “the relevant EEA states” means Norway, Iceland and Liechtenstein.

(6)In this Act “EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).]

Textual Amendments

[F317CInterpretation of relevant separation agreement lawU.K.

(1)Any question as to the validity, meaning or effect of any relevant separation agreement law is to be decided, so far as they are applicable—

(a)in accordance with the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement, and

(b)having regard (among other things) to the desirability of ensuring that, where one of those agreements makes provision which corresponds to provision made by another of those agreements, the effect of relevant separation agreement law in relation to the matters dealt with by the corresponding provision in each agreement is consistent.

(2)See (among other things)—

(a)Article 4 of the withdrawal agreement (methods and principles relating to the effect, the implementation and the application of the agreement),

(b)Articles 158 and 160 of the withdrawal agreement (jurisdiction of the European Court in relation to Part 2 and certain provisions of Part 5 of the agreement),

(c)Articles 12 and 13 of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (implementation, application, supervision and enforcement of the Protocol and common provisions),

(d)Article 4 of the EEA EFTA separation agreement (methods and principles relating to the effect, the implementation and the application of the agreement), and

(e)Article 4 of the Swiss citizens' rights agreement (methods and principles relating to the effect, the implementation and the application of the agreement).

(3)In this Act “relevant separation agreement law” means—

(a)any of the following provisions or anything which is domestic law by virtue of any of them—

(i)section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or this section, or

(ii)Part 3, or section 20, of the European Union (Withdrawal Agreement) Act 2020 (citizens' rights and financial provision), or

(b)anything not falling within paragraph (a) so far as it is domestic law for the purposes of, or otherwise within the scope of—

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

(ii)the EEA EFTA separation agreement, or

(iii)the Swiss citizens' rights agreement,

as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time.]

Textual Amendments

Main powers in connection with withdrawalU.K.

8Dealing with deficiencies arising from withdrawalU.K.

(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 [F32or 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 [F33or as a result of either the end of the implementation period or any other effect of the withdrawal agreement],

[F34(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 [F35IP 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 [F36IP 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,

F37(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 [F38IP 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 [F39—

(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 [F40or the European Union (Withdrawal Agreement) Act 2020].

Textual Amendments

Modifications etc. (not altering text)

C9S. 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)

[F418ASupplementary power in connection with implementation periodU.K.

(1)A Minister of the Crown may by regulations—

(a)provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

(b)provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

(c)make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,

(d)modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or

(e)make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

(2)The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3)In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.

(4)No regulations may be made under subsection (1) after the end of the period of two years beginning with IP completion day.]

Textual Amendments

[F428BPower in connection with certain other separation issuesU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

(a)to implement Part 3 of the withdrawal agreement (separation provisions),

(b)to supplement the effect of section 7A in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

(2)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

(a)to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

(b)to supplement the effect of section 7B in relation to that Part, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

(3)Regulations under this section may make any provision that could be made by an Act of Parliament.

(4)Regulations under this section may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

(a)section 7A above and Part 3 of the withdrawal agreement, or

(b)section 7B above and Part 3 of the EEA EFTA separation agreement.

(5)But regulations under this section may not—

(a)impose or increase taxation or fees,

(b)make retrospective provision,

(c)create a relevant criminal offence,

(d)establish a public authority,

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

(f)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).

(6)In this section references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).]

Textual Amendments

[F438CPower in connection with Ireland/Northern Ireland Protocol in withdrawal agreementU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

(a)to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

(b)to supplement the effect of section 7A in relation to the Protocol, or

(c)otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

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

(3)Regulations under subsection (1) may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

(4)Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

(a)the authorities of a member State, or

(b)bodies established in a member State,

in respect of qualifying Northern Ireland goods.

(5)Regulations under subsection (1) may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

(6)A Minister of the Crown may by regulations define “qualifying Northern Ireland goods” for the purposes of this Act.

(7)In this section any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

(a)any other provision of the withdrawal agreement so far as applying to the Protocol, and

(b)any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).]

Textual Amendments

F449Implementing the withdrawal agreementU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DevolutionU.K.

10Continuation of North-South co-operation and the prevention of new border arrangementsU.K.

(1)In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

(a)act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

(b)have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

(2)Nothing in section 8 F45... or 23(1) or (6) of this Act authorises regulations which—

(a)diminish any form of North-South cooperation provided for by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act 1998), or

(b)create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.

Textual Amendments

11Powers involving devolved authorities corresponding to sections 8 [F46to 8C] U.K.

Schedule 2 (which confers powers to make regulations involving devolved authorities which correspond to the powers conferred by sections 8 [F47to 8C]) has effect.

Textual Amendments

12Retaining EU restrictions in devolution legislation etc.U.K.

(1)In section 29(2)(d) of the Scotland Act 1998 (no competence for the Scottish Parliament to legislate incompatibly with EU law) for “with EU law” substitute “ in breach of the restriction in section 30A(1) ”.

(2)After section 30 of that Act (legislative competence: supplementary) insert—

“30ALegislative competence: restriction relating to retained EU law

(1)An Act of the Scottish Parliament cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

(2)But subsection (1) does not apply to any modification so far as it would, immediately before exit day, have been within the legislative competence of the Parliament.

(3)A Minister of the Crown must not lay for approval before each House of the Parliament of the United Kingdom a draft of a statutory instrument containing regulations under this section unless—

(a)the Scottish Parliament has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the Parliament having made such a decision.

(4)For the purposes of subsection (3) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Parliament first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(5)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (3) must—

(a)provide a copy of the draft to the Scottish Ministers, and

(b)inform the Presiding Officer that a copy has been so provided.

(6)See also paragraph 6 of Schedule 7 (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the Parliament).

(7)No regulations may be made under this section after the end of the period of two years beginning with exit day.

(8)Subsection (7) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

(9)Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the Scottish Parliament which receives Royal Assent after the end of that period.

(10)Subsections (3) to (8) do not apply in relation to regulations which only relate to a revocation of a specification.

(11)In this section—

  • “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Scottish Ministers,

and, in calculating that period, no account is to be taken of any time during which the Parliament is dissolved or during which it is in recess for more than four days.”

(3)In section 108A(2)(e) of the Government of Wales Act 2006 (no competence for the National Assembly for Wales to legislate incompatibly with EU law) for “with EU law” substitute “ in breach of the restriction in section 109A(1) ”.

(4)After section 109 of that Act (legislative competence: supplementary) insert—

“109ALegislative competence: restriction relating to retained EU law

(1)An Act of the Assembly cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

(2)But subsection (1) does not apply to any modification so far as it would, immediately before exit day, have been within the Assembly's legislative competence.

(3)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)A Minister of the Crown must not lay a draft as mentioned in subsection (3) unless—

(a)the Assembly has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the Assembly having made such a decision.

(5)For the purposes of subsection (4) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(6)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (3) must—

(a)provide a copy of the draft to the Welsh Ministers, and

(b)inform the Presiding Officer that a copy has been so provided.

(7)See also section 157ZA (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the Assembly).

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

(9)Subsection (8) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

(10)Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the Assembly which receives Royal Assent after the end of that period.

(11)Subsections (4) to (9) do not apply in relation to regulations which only relate to a revocation of a specification.

(12)In this section—

  • “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.”

(5)In section 6(2)(d) of the Northern Ireland Act 1998 (no competence for the Northern Ireland Assembly to legislate incompatibly with EU law) for “incompatible with EU law” substitute “ in breach of the restriction in section 6A(1) ”.

(6)After section 6 of that Act (legislative competence) insert—

“6ARestriction relating to retained EU law

(1)An Act of the Assembly cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

(2)But subsection (1) does not apply to any modification so far as it would, immediately before exit day, have been within the legislative competence of the Assembly.

(3)A Minister of the Crown must not lay for approval before each House of Parliament a draft of a statutory instrument containing regulations under this section unless—

(a)the Assembly has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the Assembly having made such a decision.

(4)For the purposes of subsection (3) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(5)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (3) must—

(a)provide a copy of the draft to the relevant Northern Ireland department, and

(b)inform the Presiding Officer that a copy has been so provided.

(6)See also section 96A (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the Assembly).

(7)No regulations may be made under this section after the end of the period of two years beginning with exit day.

(8)Subsection (7) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

(9)Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the Assembly which receives Royal Assent after the end of that period.

(10)Subsections (3) to (8) do not apply in relation to regulations which only relate to a revocation of a specification.

(11)Regulations under this section may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Minister of the Crown making them considers appropriate.

(12)In this section—

  • “the relevant Northern Ireland department” means such Northern Ireland department as the Minister of the Crown concerned considers appropriate;

  • “the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the relevant Northern Ireland department,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.”

(7)Part 1 of Schedule 3 (which makes corresponding provision in relation to executive competence to that made by subsections (1) to (6) in relation to legislative competence) has effect.

(8)Part 2 of Schedule 3 (which imposes reporting obligations on a Minister of the Crown in recognition of the fact that the powers to make regulations conferred by subsections (1) to (6) and Part 1 of Schedule 3, and any restrictions arising by virtue of them, are intended to be temporary) has effect.

(9)A Minister of the Crown may by regulations—

(a)repeal any of the following provisions—

(i)section 30A or 57(4) to (15) of the Scotland Act 1998,

(ii)section 80(8) to (8L) or 109A of the Government of Wales Act 2006, or

(iii)section 6A or 24(3) to (15) of the Northern Ireland Act 1998, or

(b)modify any enactment in consequence of any such repeal.

(10)Until all of the provisions mentioned in subsection (9)(a) have been repealed, a Minister of the Crown must, after the end of each review period, consider whether it is appropriate—

(a)to repeal each of those provisions so far as it has not been repealed, or

(b)to revoke any regulations made under any of those provisions so far as they have not been revoked.

(11)In considering whether to exercise the power to make regulations under subsection (9), a Minister of the Crown must have regard (among other things) to—

(a)the fact that the powers to make regulations conferred by the provisions mentioned in subsection (9)(a), and any restrictions arising by virtue of them, are intended to be temporary and, where appropriate, replaced with other arrangements, and

(b)any progress which has been made in implementing those other arrangements.

(12)Part 3 of Schedule 3 (which contains amendments of devolution legislation not dealt with elsewhere) has effect.

(13)In this section—

  • “arrangement” means any enactment or other arrangement (whether or not legally enforceable);

  • “review period” means—

    (a)

    the period of three months beginning with the day on which subsection (10) comes into force, and

    (b)

    after that, each successive period of three months.

Commencement Information

I10S. 12(2)(4)(6)(7)(8)(12) in force for specified purposes at Royal Assent, see s. 25(1)(b)(2)(3)

I11S. 12(9)-(11)(13) in force at 4.7.2018 by S.I. 2018/808, reg. 3(c)

Parliamentary [F48oversight of withdrawal] U.K.

Textual Amendments

F4913Parliamentary approval of the outcome of negotiations with the EUU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F5013AReview of EU legislation during implementation periodU.K.

(1)Subsection (2) applies where the European Scrutiny Select Committee of the House of Commons (“the ESC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

(a)states that, in the opinion of the ESC, the EU legislation raises a matter of vital national interest to the United Kingdom,

(b)confirms that the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has consulted any Departmental Select Committee of the House of Commons which the ESC considers also has an interest in the EU legislation, and

(c)sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (2).

(2)A Minister of the Crown must, within the period of 14 Commons sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (1)(c) to be debated and voted on by the House of Commons.

(3)Subsection (4) applies where the EU Select Committee of the House of Lords (“the EUC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

(a)states that, in the opinion of the EUC, the EU legislation raises a matter of vital national interest to the United Kingdom,

(b)confirms that the EUC has taken such evidence as it considers appropriate as to the effect of the EU legislation, and

(c)sets out the wording of a motion to be moved in the House of Lords in accordance with subsection (4).

(4)A Minister of the Crown must, within the period of 14 Lords sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (3)(c) to be debated and voted on by the House of Lords.

(5)In this section—

  • “EU legislation” means—

    (a)

    any amendment to the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty or the EEA agreement,

    (b)

    any EU directive, or

    (c)

    any EU regulation or EU decision which is not EU tertiary legislation;

  • “the European Scrutiny Select Committee of the House of Commons” means the Select Committee of the House of Commons known as the European Scrutiny Select Committee or any successor of that committee;

  • “the EU Select Committee of the House of Lords” means the Select Committee of the House of Lords known as the EU Select Committee or any successor of that committee.]

Textual Amendments

Financial and other mattersU.K.

14Financial provisionU.K.

(1)Schedule 4 (which contains powers in connection with fees and charges) has effect.

(2)A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

(3)There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and

(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

(4)Subsection (3) is subject to any other provision made by or under this Act or any other enactment.

15Publication and rules of evidenceU.K.

(1)Part 1 of Schedule 5 (which makes provision for the publication by the Queen's Printer of copies of retained direct EU legislation and related information) has effect.

(2)Part 2 of Schedule 5 (which makes provision about rules of evidence) has effect.

Commencement Information

I12S. 15 in force at 4.7.2018 for specified purposes by S.I. 2018/808, reg. 3(d)(e)

I13S. 15(1) in force at 3.7.2019 in so far as not already in force by S.I. 2019/1077, reg. 2(b)

[F5115AProhibition on extending implementation periodU.K.

A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.]

Textual Amendments

[F5215BMinisterial co-chairs of the Joint CommitteeU.K.

The functions of the United Kingdom’s co-chair of the Joint Committee, under Annex VIII of the withdrawal agreement (rules of procedure of the Joint Committee and specialised committees), are to be exercised personally by a Minister of the Crown (and, accordingly, only a Minister of the Crown may be designated as a replacement under Rule 1(3)).]

Textual Amendments

[F5315CNo use of written procedure in the Joint CommitteeU.K.

(1)The United Kingdom’s co-chair of the Joint Committee may not consent to the Joint Committee using the written procedure provided for in Rule 9(1) of Annex VIII of the withdrawal agreement.

(2)In subsection (1) the reference to the United Kingdom’s co-chair of the Joint Committee includes a reference to any designee of the co-chair designated under Rule 1(3) of Annex VIII of the withdrawal agreement.]

Textual Amendments

F5416Maintenance of environmental principles etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

17Family unity for those seeking asylum or other protection in EuropeU.K.

[F55(1)A Minister of the Crown must, within the period of two months beginning with the day on which the European Union (Withdrawal Agreement) Act 2020 is passed, lay before Parliament a statement of policy in relation to any future arrangements between the United Kingdom and the EU about—

(a)unaccompanied children, who make an application for international protection to a member State, coming to the United Kingdom where it is in their best interests to join a relative who—

(i)is a lawful resident of the United Kingdom, or

(ii)has made a protection claim which has not been decided, and

(b)unaccompanied children in the United Kingdom, who make a protection claim, going to a member State to join a relative there in equivalent circumstances.]

(2)For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

(3)For the purposes of subsection (1)(a)(ii), a protection claim is decided—

(a)when the Secretary of State notifies the claimant of the Secretary of State's decision on the claim, unless the claimant appeals against the decision, or

(b)if the claimant appeals against the Secretary of State's decision on the claim, when the appeal is disposed of.

(4)In this section—

  • “application for international protection” has the meaning given by Article 2(h) of Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted;

  • “protection claim” has the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002 (see section 82(2) of that Act);

  • “relative”, in relation to an unaccompanied child, means—

    (a)

    a spouse or civil partner of the child or any person with whom the child has a durable relationship that is similar to marriage or civil partnership, or

    (b)

    a parent, grandparent, uncle, aunt, brother or sister of the child;

  • “unaccompanied child” means a person under the age of 18 (“the child”) who is not in the care of a person who—

    (a)

    is aged 18 or over, and

    (b)

    by law or custom of the country or territory in which the child is present, has responsibility for caring for the child.

Textual Amendments

F5618Customs arrangement as part of the framework for the future relationshipU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5719Future interaction with the law and agencies of the EUU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General and final provisionU.K.

20InterpretationU.K.

(1)In this Act—

  • “Charter of Fundamental Rights” means the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007;

  • [F58“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);]

  • “devolved authority” means—

    (a)

    the Scottish Ministers,

    (b)

    the Welsh Ministers, or

    (c)

    a Northern Ireland department;

  • “domestic law” means—

    (a)

    in [F59sections 3, 7A and 7B], the law of England and Wales, Scotland and Northern Ireland, and

    (b)

    in any other case, the law of England and Wales, Scotland or Northern Ireland;

  • “the EEA” means the European Economic Area;

  • “enactment” means an enactment whenever passed or made and includes—

    (a)

    an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act,

    (b)

    an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,

    (c)

    an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

    (d)

    an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

    (e)

    an enactment contained in, or in an instrument made under, Northern Ireland legislation,

    (f)

    an enactment contained in any instrument made 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 in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty,

    (g)

    an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, and

    (h)

    except in sections [F601B] and 7 or where there is otherwise a contrary intention, any retained direct EU legislation;

  • “EU decision” means—

    (a)

    a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or

    (b)

    a decision under former Article 34(2)(c) of the Treaty on European Union;

  • “EU directive” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

  • “EU entity” means an EU institution or any office, body or agency of the EU;

  • “EU reference” means—

    (a)

    any reference to the EU, an EU entity or a member State,

    (b)

    any reference to an EU directive or any other EU law, or

    (c)

    any other reference which relates to the EU;

  • “EU regulation” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

  • “EU tertiary legislation” means—

    (a)

    any provision made under—

    (i)

    an EU regulation,

    (ii)

    a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or

    (iii)

    an EU directive,

    by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union or former Article 202 of the Treaty establishing the European Community, or

    (b)

    any measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c),

    but does not include any such provision or measure which is an EU directive;

  • “exempt EU instrument” means anything which is an exempt EU instrument by virtue of Schedule 6;

  • “exit day” [F61means [F6231 January 2020] at 11.00 p.m. (and] see subsections (2) to (5));

  • [F63“Joint Committee” means the Joint Committee established by Article 164(1) of the withdrawal agreement;

  • “Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);]

  • “member State” (except in the definitions of “direct EU legislation” and “EU reference”) does not include the United Kingdom;

  • “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

  • “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

  • “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

  • “primary legislation” means—

    (a)

    an Act of Parliament,

    (b)

    an Act of the Scottish Parliament,

    (c)

    a Measure or Act of the National Assembly for Wales, or

    (d)

    Northern Ireland legislation;

  • “public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998;

  • [F64“ratify”, whether in relation to the withdrawal agreement or otherwise, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act);]

  • “relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);

  • “retained direct EU legislation” means any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after [F65IP completion day]);

  • “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made;

  • “subordinate legislation” means—

    (a)

    any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or

    (b)

    any instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales,

    and (except in section 7 or Schedule 2 or where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after [F66IP completion day] under any retained direct EU legislation;

  • “tribunal” means any tribunal in which legal proceedings may be brought;

  • “Wales” and “Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158 of that Act);

  • F67...

(2)In this [F68Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on [F6931 January 2020] or (as the case may be) to beginning with 11.00 p.m. on that day.]

(3)Subsection (4) applies if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of “exit day” in subsection (1).

(4)A Minister of the Crown [F70must] by regulations—

(a)amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and

(b)amend subsection (2) in consequence of any such amendment.

(5)In subsections (3) and (4) “the Treaties” means the Treaty on European Union and the Treaty on the Functioning of the European Union.

[F71(5A)In this Act references to anything which continues to be domestic law by virtue of section 1B(2) include—

(a)references to anything to which section 1B(2) applies which continues to be domestic law on or after exit day (whether or not it would have done so irrespective of that provision), and

(b)references to anything which continues to be domestic law on or after exit day by virtue of section 1B(2) (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time).]

(6)In this Act references to anything which continues to be domestic law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be domestic law on or after [F72IP completion day] (whether or not it would have done so irrespective of that section).

(7)In this Act references to anything which is retained EU law by virtue of section 4 include references to any modifications, made by or under this Act or by other domestic law from time to time, of the rights, powers, liabilities, obligations, restrictions, remedies or procedures concerned.

(8)References in this Act (however expressed) to a public authority in the United Kingdom include references to a public authority in any part of the United Kingdom.

(9)References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.

(10)Any other reference in this Act to—

(a)an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union, or

(b)Article 10 of Title VII of Protocol 36 to those treaties,

includes a reference to that Article as applied by Article 106a of the Euratom Treaty.

Textual Amendments

F70Word in s. 20(4) substituted (9.9.2019) by European Union (Withdrawal) (No. 2) Act 2019 (c. 26), ss. 4(1), 5(5) (with saving in s. 4(2))

21Index of defined expressionsU.K.

(1)In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

ExpressionProvision
[F73Anything which continues to be domestic law by virtue of section 1B(2) Section 20(5A)]
Anything which continues to be domestic law by virtue of section 2Section 20(6)
Anything which is retained EU law by virtue of section 4Section 20(7)
Article (in relation to the Treaty on European Union or the Treaty on the Functioning of the European Union)Section 20(10)
Charter of Fundamental RightsSection 20(1)
[F74Commons sitting day Section 20(1)]
Devolved authoritySection 20(1)
Direct EU legislationSection 3(2)
Domestic lawSection 20(1)
The EEASection 20(1)
EEA agreementSchedule 1 to the Interpretation Act 1978
[F75EEA EFTA separation agreement Section 7B(6)]
EnactmentSection 20(1)
The EUSchedule 1 to the Interpretation Act 1978
EU decisionSection 20(1)
[F76EU-derived domestic legislation Section 1B(7)]
EU directiveSection 20(1)
EU entitySection 20(1)
EU institutionSchedule 1 to the Interpretation Act 1978
EU instrumentSchedule 1 to the Interpretation Act 1978
Euratom TreatySchedule 1 to the Interpretation Act 1978
EU referenceSection 20(1)
EU regulationSection 20(1)
[F77European Communities Act 1972 Section 1A(7)(a)]
European CourtSchedule 1 to the Interpretation Act 1978
EU tertiary legislationSection 20(1)
EU TreatiesSchedule 1 to the Interpretation Act 1978
Exempt EU instrumentSection 20(1)
Exit day (and related expressions)Section 20(1) to (5)
Former Article 34(2)(c) of Treaty on European UnionSection 20(9)
[F78Implementation period Section 1A(6)
IP completion day (and related expressions)Section 1A(6)
Joint CommitteeSection 20(1)
Lords sitting daySection 20(1)]
Member StateSection 20(1) and Schedule 1 to the Interpretation Act 1978
Minister of the CrownSection 20(1)
Modify (and related expressions)Section 20(1)
Northern Ireland devolved authoritySection 20(1)
Operative (in relation to direct EU legislation)Section 3(3)
[F79Part (of withdrawal agreement or EEA EFTA separation agreement) Section 1A(7)(b)]
Primary legislationSection 20(1)
Public authoritySection 20(1)
Public authority in the United Kingdom (however expressed)Section 20(8)
[F80Qualifying Northern Ireland goods Section 8C(6)
RatifySection 20(1)]
Relevant criminal offenceSection 20(1) (and paragraph 44 of Schedule 8)
[F81Relevant separation agreement law Section 7C(3)]
Retained case lawSection 6(7)
Retained direct EU legislationSection 20(1)
Retained direct minor EU legislationSection 7(6)
Retained direct principal EU legislationSection 7(6)
Retained domestic case lawSection 6(7)
Retained EU case lawSection 6(7)
Retained EU lawSection 6(7)
Retained general principles of EU lawSection 6(7)
Retrospective provisionSection 20(1)
Subordinate legislationSection 20(1)
[F82Swiss citizens' rights agreement Section 7B(6)]
TribunalSection 20(1)
WalesSection 20(1)
Welsh zoneSection 20(1)
Withdrawal agreement [F83Section 1A(6)]

(2)See paragraph 22 of Schedule 8 for amendments made by this Act to Schedule 1 to the Interpretation Act 1978.

Textual Amendments

22RegulationsU.K.

Schedule 7 (which makes provision about the scrutiny by Parliament and the devolved legislatures of regulations under this Act and contains other general provision about such regulations) has effect.

23Consequential and transitional provisionU.K.

(1)A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

(2)The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

(3)In subsection (2) “enactment” does not include primary legislation passed or made after [F84IP completion day].

(4)No regulations may be made under subsection (1) after the end of the period of 10 years beginning with [F85IP completion day].

(5)Parts 1 and 2 of Schedule 8 (which contain consequential provision) have effect.

(6)A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day [F86or IP completion day]).

(7)Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.

(8)The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I14S. 23(1)-(4)(6) in force at Royal Assent and s. 23(7) in force for specified purposes at Royal Assent, see s. 25(1)(f)(g)

I15S. 23(5)(7)(8) in force at 4.7.2018 for specified purposes and s. 23(8) in force for further specified purposes on exit day by S.I. 2018/808, regs. 3(g)(h)(i), 4(a)

I16S. 23(5) in force at 31.1.2020 for specified purposes by S.I. 2020/74, reg. 2(b)

I17S. 23(7) in force at 1.3.2019 for specified purposes by S.I. 2019/399, reg. 2(b)

24ExtentU.K.

(1)Subject to subsections (2) and (3), this Act extends to England and Wales, Scotland and Northern Ireland.

(2)Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

(3)Regulations under section 8(1) or 23 may make provision which extends to Gibraltar—

(a)modifying any enactment which—

(i)extends to Gibraltar and relates to European Parliamentary elections, or

(ii)extends to Gibraltar for any purpose which is connected with Gibraltar forming part of an electoral region, under the European Parliamentary Elections Act 2002, for the purposes of such elections, or

(b)which is supplementary, incidental, consequential, transitional, transitory or saving provision in connection with a modification within paragraph (a).

25Commencement and short titleU.K.

(1)The following provisions—

(a)sections 8 to 11 (including Schedule 2),

(b)paragraphs 4, 5, 21(2)(b), 48(b), 51(2)(c) and (d) and (4) of Schedule 3 (and section 12(8) and (12) so far as relating to those paragraphs),

(c)sections 13 and 14 (including Schedule 4),

(d)sections 16 to 18,

(e)sections 20 to 22 (including Schedules 6 and 7),

(f)section 23(1) to (4) and (6),

(g)paragraph 41(10), 43 and 44 of Schedule 8 (and section 23(7) so far as relating to those paragraphs),

(h)section 24, and

(i)this section,

come into force on the day on which this Act is passed.

(2)In section 12—

(a)subsection (2) comes into force on the day on which this Act is passed for the purposes of making regulations under section 30A of the Scotland Act 1998,

(b)subsection (4) comes into force on that day for the purposes of making regulations under section 109A of the Government of Wales Act 2006, and

(c)subsection (6) comes into force on that day for the purposes of making regulations under section 6A of the Northern Ireland Act 1998.

(3)In Schedule 3—

(a)paragraph 1(b) comes into force on the day on which this Act is passed for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

(b)paragraph 2 comes into force on that day for the purposes of making regulations under section 80(8) of the Government of Wales Act 2006,

(c)paragraph 3(b) comes into force on that day for the purposes of making regulations under section 24(3) of the Northern Ireland Act 1998,

(d)paragraph 24(2) comes into force on that day for the purposes of making regulations under section 30A of the Scotland Act 1998,

(e)paragraph 24(3) comes into force on that day for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

(f)paragraph 25 comes into force on that day for the purposes of making regulations under section 30A or 57(4) of the Scotland Act 1998,

(g)paragraph 43 comes into force on that day for the purposes of making regulations under section 80(8) or 109A of the Government of Wales Act 2006, and

(h)paragraphs 57 and 58 come into force on that day for the purposes of making regulations under section 6A or 24(3) of the Northern Ireland Act 1998;

and section 12(7) and (12), so far as relating to each of those paragraphs, comes into force on that day for the purposes of making the regulations mentioned above in relation to that paragraph.

(4)The provisions of this Act, so far as they are not brought into force by subsections (1) to (3), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

(5)This Act may be cited as the European Union (Withdrawal) Act 2018.

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