European Union (Withdrawal) Act 2018

Repeal of the ECA

1Repeal of the European Communities Act 1972

Savings for implementation period

1ASaving for ECA for implementation period

1BSaving for EU-derived domestic legislation for implementation period

Retention of saved EU law at end of implementation period

2Saving for EU-derived domestic legislation

3Incorporation of direct EU legislation

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

5Exceptions to savings and incorporation

5ASavings and incorporation: supplementary

6Interpretation of assimilated law

6DIncompatibility orders

7Status of assimilated law

Further aspects of withdrawal

7AGeneral implementation of remainder of withdrawal agreement

7BGeneral implementation of EEA EFTA and Swiss agreements

7CInterpretation of relevant separation agreement law

Main powers in connection with withdrawal

8Dealing with deficiencies arising from withdrawal

8ASupplementary power in connection with implementation period

8BPower in connection with certain other separation issues

8CPower in connection with Ireland/Northern Ireland Protocol in withdrawal agreement

9Implementing the withdrawal agreement

10 Protection for North-South co-operation and ... prevention of new border arrangements

11Powers involving devolved authorities corresponding to sections 8 to 8C

12Retaining EU restrictions in devolution legislation etc.

Parliamentary oversight of withdrawal

13Parliamentary approval of the outcome of negotiations with the EU

13AReview of EU legislation during implementation period

13BCertain dispute procedures under withdrawal agreement

13CBills affecting trade between Northern Ireland and other parts of the United Kingdom

Financial and other matters

14Financial provision

15Publication and rules of evidence

15AProhibition on extending implementation period

15BMinisterial co-chairs of the Joint Committee

15CNo use of written procedure in the Joint Committee

16Maintenance of environmental principles etc.

17Family unity for those seeking asylum or other protection in Europe

18Customs arrangement as part of the framework for the future relationship

19Future interaction with the law and agencies of the EU

General and final provision

20Interpretation

21Index of defined expressions

23Consequential and transitional provision

25Commencement and short title

SCHEDULE 1Further provision about exceptions to savings and incorporation

Challenges to validity of assimilated law

1(1) There is no right in domestic law on or...

General principles of EU law

2No general principle of EU law is part of domestic...

3(1) There is no right of action in domestic law...

Rule in Francovich

4There is no right in domestic law on or after...

5(1) References in section 5 and this Schedule to the...

SCHEDULE 2Corresponding powers involving devolved authorities

Part 1Dealing with deficiencies arising from withdrawal

Power to deal with deficiencies

1(1) A devolved authority may by regulations make such provision...

No power to make provision outside devolved competence

2(1) No provision may be made by a devolved authority...

No power to modify retained direct EU legislation or confer certain functions

3(1) No provision may be made by the Scottish Ministers...

Requirement for consultation in certain circumstances

4No regulations may be made under this Part by a...

Requirement for consent where it would otherwise be required

5(1) The consent of a Minister of the Crown is...

Requirement for joint exercise where it would otherwise be required

6(1) No regulations may be made under this Part by...

Requirement for consultation where it would otherwise be required

7(1) No regulations may be made under this Part by...

Meaning of devolved competence: Part 1

8(1) A provision is within the devolved competence of the...

9(1) A provision is within the devolved competence of the...

10(1) A provision is within the devolved competence of a...

11References in paragraphs 8 to 10, in connection with the...

PART 1AProvision in connection with implementation period

11ASupplementary power in connection with implementation period

11BNo power to make provision outside devolved competence

11CCertain requirements for consent, joint exercise or consultation

11DMeaning of devolved competence: Part 1A

11EA provision is within the devolved competence of the Welsh...

11FA provision is within the devolved competence of a Northern...

PART 1BProvision in connection with certain other separation issues

11GPowers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement

11HNo power to make provision outside devolved competence

11ICertain requirements for consent, joint exercise or consultation

11JMeaning of devolved competence: Part 1B

11KA provision is within the devolved competence of the Welsh...

11LA provision is within the devolved competence of a Northern...

PART 1CProvision in connection with Protocol on Ireland/Northern Ireland

11MPower in connection with Protocol on Ireland/Northern Ireland

11NNo power to make provision outside devolved competence

11OCertain requirements for consent, joint exercise or consultation

11PMeaning of devolved competence: Part 1C

11QA provision is within the devolved competence of the Welsh...

11RA provision is within the devolved competence of a Northern...

Part 2Implementing the withdrawal agreement

Power to implement withdrawal agreement

12(1) A devolved authority may by regulations make such provision...

No power to make provision outside devolved competence

13(1) No provision may be made by a devolved authority...

No power to modify retained direct EU legislation etc.

14(1) No provision may be made by the Scottish Ministers...

Requirement for consultation in certain circumstances

15(1) No regulations may be made under this Part by...

Certain requirements for consent, joint exercise or consultation

16Paragraphs 5 to 7 apply for the purposes of this...

Meaning of devolved competence: Part 2

17A provision is within the devolved competence of the Scottish...

18A provision is within the devolved competence of the Welsh...

19A provision is within the devolved competence of a Northern...

SCHEDULE 3Further amendments of devolution legislation and reporting requirement

Part 1Corresponding provision in relation to executive competence

Scotland Act 1998

1In section 57 of the Scotland Act 1998 (EU law...

Government of Wales Act 2006

2In section 80 of the Government of Wales Act 2006...

Northern Ireland Act 1998

3In section 24 of the Northern Ireland Act 1998 (EU...

Part 2Reports in connection with retained EU law restrictions

Reports on progress towards removing retained EU law restrictions

4(1) After the end of each reporting period, a Minister...

5In this Part— “appropriate authority” means— the Scottish Ministers, the...

Part 3Other amendments of devolution legislation

Scotland Act 1998

6The Scotland Act 1998 is amended as follows.

7In section 2 (ordinary general elections), in subsection (2A), omit...

8In section 12 (power of the Scottish Ministers to make...

9(1) Section 12A (power of the Secretary of State to...

10In section 32 (submission of Bills for Royal Assent), in...

11Omit section 34 (ECJ references).

12(1) Section 36 (stages of Bills) is amended as follows....

13(1) Section 57 (EU law and Convention rights) is amended...

14(1) Section 80D (Scottish taxpayers) is amended as follows.

15In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a),...

16(1) Section 82 (limits on salaries of members of the...

17(1) Section 106 (power to adapt functions) is amended as...

18In section 119 (Consolidated Fund etc.), omit subsection (4).

19(1) Section 126 (interpretation) is amended as follows.

20In section 127 (index of defined expressions), omit the entry...

21(1) Schedule 4 (enactments etc. protected from modification) is amended...

22In Part 2 of Schedule 5 (specific reservations), in section...

23(1) Paragraph 1 of Schedule 6 (devolution issues) is amended...

24(1) The table in paragraph 1(2) of Schedule 7 (procedure...

25After paragraph 5 of Schedule 7 (procedure for subordinate legislation:...

26In Schedule 8 (modifications of enactments), omit paragraph 15 and...

Government of Wales Act 2006

27The Government of Wales Act 2006 is amended as follows....

28In section 3 (ordinary general elections), in subsection (1A), omit...

29In section 13(5) (power of the Welsh Ministers to make...

30(1) Section 13A (power of the Secretary of State to...

31In section 16(3) (disqualification from being Assembly member) omit “(other...

32(1) Section 21 (limit on salaries of Assembly members) is...

33In section 58A (executive ministerial functions), in subsection (4)(d), for...

34Omit section 58B (implementation of EU law: general).

35(1) Section 59 (implementation of EU law: designation of Welsh...

36In the heading before section 80 (EU law, human rights...

37(1) Section 80 (EU law) is amended as follows.

38In section 111 (proceedings on Bills)— (a) in subsection (6),...

39Omit section 113 (ECJ references).

40In section 115 (Royal Assent), in subsection (3), omit paragraph...

41(1) Section 116E (Welsh taxpayers) is amended as follows.

42In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a),...

43After section 157 (orders, regulations and directions) insert— Explanatory statements...

44In section 158(1) (interpretation)— (a) omit the definition of “EU...

45In section 159 (index of defined expressions), omit the entry...

46In Schedule 3 (transfer etc. of functions: further provisions), omit...

47In Part 2 of Schedule 7A (specific reservations), in section...

48In paragraph 5(1) of Schedule 7B (protected enactments), in the...

49In Schedule 11 (transitional provisions), omit paragraph 35A and the...

Northern Ireland Act 1998

50The Northern Ireland Act 1998 is amended as follows.

51(1) Section 7 (entrenched enactments) is amended as follows.

52Omit section 12 (reconsideration where reference made to ECJ).

53In section 13 (stages of Bills), omit subsection (5)(b).

54In section 14 (submission of Bills by the Secretary of...

55In the heading of section 24 (EU law, Convention rights...

56(1) Section 27 (quotas for purposes of international etc. obligations)...

57After section 96(4) (orders and regulations) insert—

58After section 96 (orders and regulations) insert— Explanatory statements in...

59In section 98(1) (interpretation)— (a) omit the definition of “EU...

60(1) Schedule 2 (excepted matters) is amended as follows.

61In Schedule 3 (reserved matters), in paragraph 38, for the...

62In paragraph 1(c) of Schedule 10 (devolution issues) omit the...

SCHEDULE 4Powers in connection with fees and charges

Part 1Charging in connection with certain new functions

Power to provide for fees or charges

1(1) An appropriate authority may by regulations make provision for,...

Meaning of “appropriate authority”

2(1) A Minister of the Crown is an “appropriate authority”...

Requirements for consent

3(1) A Minister of the Crown may only make regulations...

Minister of the Crown power in relation to devolved authorities

4A Minister of the Crown may by regulations—

Time limit for making certain provision

5(1) Subject to sub-paragraphs (2) and (2A), no regulations may...

Relationship to other powers

6This Part does not affect the powers under sections 8...

Part 2Modifying pre-exit fees or charges

Power to modify pre-exit fees or charges

7(1) Sub-paragraph (2) applies where any subordinate legislation contains provision...

Meaning of “appropriate authority”

8In this Part an “appropriate authority” means a Minister of...

Restriction on exercise of power

9(1) Where the charging provision consists solely of 1972 Act...

Requirement for consent

10If a Minister of the Crown— (a) is an appropriate...

Relationship to other powers

11This Part does not affect the powers under sections 8...

SCHEDULE 5Publication and rules of evidence

Part 1Publication of retained direct EU legislation etc.

Things that must or may be published

1(1) The Queen's Printer must make arrangements for the publication...

Exceptions from duty to publish

2(1) A Minister of the Crown may create an exception...

Part 2Rules of evidence

Questions as to meaning of EU law

3(1) Where it is necessary, in legal proceedings, to decide...

Power to make provision about judicial notice and admissibility

4(1) A Minister of the Crown may by regulations—

SCHEDULE 6Instruments which are exempt EU instruments

1(1) An EU decision is “an exempt EU instrument” so...

EU regulations

2An EU regulation is “an exempt EU instrument” so far...

EU tertiary legislation

3EU tertiary legislation is “an exempt EU instrument” so far...

Interpretation

4The following are “ relevant Protocols ” for the purposes...

SCHEDULE 7Regulations

Part 1Scrutiny of powers to deal with deficiencies

Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone

1(1) A statutory instrument containing regulations under section 8(1) which...

Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly

2(1) This paragraph applies to regulations under Part 1 of...

Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown

3(1) Sub-paragraph (2) applies if a Minister of the Crown...

Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers

4(1) Sub-paragraph (2) applies if the Welsh Ministers are to...

Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown

5(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...

Scrutiny procedure in certain urgent deficiencies cases: devolved authorities

6(1) This paragraph applies to— (a) regulations to which paragraph...

7(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...

8(1) This paragraph applies to— (a) regulations to which paragraph...

PART 1AScrutiny of Specific Powers Relating to Withdrawal Agreement Etc.

8APowers in connection with Part 4 of the withdrawal agreement

8B(1) A statutory instrument containing regulations under section 8A which...

8C(1) This paragraph applies to regulations under Part 1A of...

8DPowers in connection with other separation issues in the withdrawal agreement etc.

8E(1) This paragraph applies to regulations under Part 1B of...

8FPowers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement

8G(1) This paragraph applies to regulations under Part 1C of...

Part 2Scrutiny of other powers under Act

Power to enable challenges to validity of assimilated law

9(1) A statutory instrument containing regulations under paragraph 1(2)(b) of...

Power in relation to interpretation of retained EU law

9AA statutory instrument containing regulations under section 6(5A) may not...

10(1) A statutory instrument containing regulations under section 9 which...

Power to repeal provisions relating to retained EU law restrictions

11A statutory instrument containing regulations under section 12(9) may not...

Powers in connection with fees and charges

12(1) A statutory instrument containing regulations of a Minister of...

Power to make provision about judicial notice and admissibility

13A statutory instrument containing regulations under paragraph 4 of Schedule...

Power to amend the definition of “exit day”

14A statutory instrument containing regulations under section 20(4) is subject...

Power to make consequential provision

15(1) A statutory instrument containing regulations under section 23(1) is...

Power to make transitional, transitory or saving provision

16(1) Sub-paragraph (2) applies if a Minister of the Crown...

Parliamentary committee to sift ... consequential regulations of a Minister of the Crown

17(1) Sub-paragraph (2) applies if a Minister of the Crown...

18Paragraph 4 applies to regulations under Part 2 of Schedule...

Scrutiny procedure for certain powers to which this Part applies in urgent cases

19(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...

Part 3General provision about powers under Act

Scope and nature of powers: general

20(1) Any power to make regulations under this Act—

21Any power to make regulations under this Act—

22The fact that a power to make regulations is conferred...

Scope of consequential and transitional powers

23(1) The fact that anything continues to be, or forms...

Anticipatory exercise of powers in relation to section 1B(2) saved law

23AAny power to make regulations under this Act which modify...

Anticipatory exercise of powers in relation to retained EU law

24Any power to make regulations under this Act which modify...

Anticipatory exercise of powers in relation to the withdrawal agreement etc.

24AAny power to make regulations under this Act in relation...

Scope of appointed day powers

25Any power of a Minister of the Crown under this...

Effect of certain provisions in Schedule 8 on scope of powers

26The modifications made by Part 1 of Schedule 8 and...

Disapplication of certain review provisions

27Section 28 of the Small Business, Enterprise and Employment Act...

Explanatory statements for certain powers: appropriateness, equalities etc.

28(1) This paragraph applies where— (a) a statutory instrument containing...

29(1) This paragraph applies where— (a) a Scottish statutory instrument...

Further explanatory statements in certain sub-delegation cases

30(1) This paragraph applies where— (a) a statutory instrument containing...

31(1) This paragraph applies where— (a) a Scottish statutory instrument...

Annual reports in certain sub-delegation cases

32(1) Each person by whom a relevant sub-delegated power is...

33(1) Each person by whom a relevant sub-delegated power is...

Further explanatory statements in urgency cases

34(1) This paragraph applies where a statutory instrument containing regulations...

35(1) This paragraph applies where regulations are to be made...

Hybrid instruments

36If an instrument, or a draft of an instrument, containing...

Procedure on re-exercise of certain powers

37(1) A power to make regulations which, under this Schedule,...

Combinations of instruments

38(1) Sub-paragraph (2) applies to a statutory instrument containing regulations...

SCHEDULE 8Consequential, transitional, transitory and saving provision

Part 1General consequential provision

Existing ambulatory references to assimilated direct legislation

1(1) Any reference so far as it, immediately before IP...

Existing ambulatory references to relevant separation agreement law

1A(1) Any reference which, immediately before IP completion day—

Other existing ambulatory references

2(1) Any reference so far as it—

Existing non-ambulatory references

2A(1) Any reference which, immediately before IP completion day—

Existing powers to make subordinate legislation etc.

3(1) Any power to make, confirm or approve subordinate legislation...

4(1) Any subordinate legislation which— (a) is, or is to...

5(1) This paragraph applies to any power to make, confirm...

6Any subordinate legislation which is, or is to be, made,...

7Any power to make, confirm or approve subordinate legislation which,...

8(1) Paragraphs 3 to 7 and this paragraph—

Review provisions in existing subordinate legislation

9(1) In carrying out a review of a provision of...

Future powers to make subordinate legislation

10(1) This paragraph applies to any power to make, confirm...

11(1) Sub-paragraph (2) applies to any power to make, confirm...

11A— (1) This paragraph applies to a power to make,...

11B— (1) This paragraph applies to a power to make,...

12(1) Paragraphs 11A and 11B and this paragraph—

13(1) A statutory instrument which— (a) is to be made...

14(1) This paragraph applies where, on or after IP completion...

Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA

15(1) This paragraph applies where, on or after IP completion...

16(1) This paragraph applies where, on or after IP completion...

Part 2Specific consequential provision

Finance Act 1973

17In section 56 of the Finance Act 1973 (charges for...

Interpretation Act 1978

18The Interpretation Act 1978 is amended as follows.

19In section 21(1) (meaning of “subordinate legislation”) after “any Act”...

20After section 23 (application to other instruments) insert— Retained direct...

21In section 24 (application to Northern Ireland), in subsection (4)—...

22In Schedule 1 (words and expressions defined)—

European Economic Area Act 1993

23The European Economic Area Act 1993 is amended as follows....

24Omit section 1 (EEA agreement to be an EU Treaty)....

25(1) Section 2 (consistent application of law to the whole...

26(1) Section 3 (general implementation of the EEA agreement) is...

27Omit section 4 (modification of section 3 of the European...

28In section 6 (interpretation), in subsection (1), in the definition...

Criminal Procedure (Scotland) Act 1995

29(1) Section 288ZA of the Criminal Procedure (Scotland) Act 1995...

Human Rights Act 1998

30(1) This paragraph has effect for the purposes of the...

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

31The Interpretation and Legislative Reform (Scotland) Act 2010 is amended...

32(1) Section 1 (application of Part 1 of the Act)...

33In section 30 (other instruments laid before the Scottish Parliament),...

34In section 37 (interpretation of Part 2 of the Act)—...

35In Schedule 1 (definitions of words and expressions)—

Small Business, Enterprise and Employment Act 2015

36In section 30 of the Small Business, Enterprise and Employment...

Part 3General transitional, transitory or saving provision

Continuation of existing acts etc.

36A(1) Anything done— (a) in connection with anything which continues...

37(1) Anything done— (a) in connection with anything which continues...

Part 4Specific transitional, transitory and saving provision

Retention of saved EU law at end of implementation period

37AThe repeal of section 1A(1) to (4) by section 1A(5)...

38Section 4(2)(b) does not apply in relation to any rights,...

39(1) Subject as follows and subject to relevant separation agreement...

Main powers in connection with withdrawal

40The prohibition on making regulations under section 6(5A), 8, 8A...

41(1) The amendments made by section 12 and Part 1...

42The amendments made by Part 1 of Schedule 3 do...

43A consent decision of the Scottish Parliament, the National Assembly...

Other provision

44(1) The definition of “relevant criminal offence” in section 20(1)...

45(1) The amendment made by paragraph 17 does not affect...

SCHEDULE 9Additional repeals

Royal arms

European Union (Withdrawal) Act 2018

2018 CHAPTER 16

An Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

[26th June 2018]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—