- Latest available (Revised)
- Point in Time (30/01/2023)
- Original (As enacted)
Point in time view as at 30/01/2023.
European Union (Withdrawal) Act 2018, Cross Heading: Meaning of devolved competence: Part 1 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
8(1)A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—U.K.
(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F1..., or
(b)it meets the conditions in sub-paragraph (2).
(2)The conditions are—
(a)the provision—
(i)amends or revokes subordinate legislation made before [F2IP completion day] by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or
(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
(c)the provision only forms part of the law of Scotland,
(d)the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and
(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.
Textual Amendments
F1Words in Sch. 2 para. 8(1)(a) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(a)(ii)
F2Words in Sch. 2 para. 8(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(b), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)
9(1)A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—U.K.
(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F3... including any provision that could be made only with the consent of a Minister of the Crown), or
(b)it meets the conditions in sub-paragraph (2).
(2)The conditions are—
(a)the provision—
(i)amends or revokes subordinate legislation made before [F4IP completion day] by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, or
(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
(c)the provision only forms part of the law of England and Wales,
(d)the provision does not confer or remove functions exercisable otherwise than in relation to Wales or the Welsh zone, and
(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 5, 6 or 7 of Schedule 7B to the Government of Wales Act 2006, be modified by an Act of the National Assembly for Wales.
Textual Amendments
F3Words in Sch. 2 para. 9(1)(a) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(a)(iii)
F4Words in Sch. 2 para. 9(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(c), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)
10(1)A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—U.K.
(a)the provision, if it were contained in an Act of the Northern Ireland Assembly—
(i)would be within the legislative competence of the Assembly, F5..., and
(ii)would not require the consent of the Secretary of State,
(b)the provision—
(i)amends or repeals Northern Ireland legislation, and
(ii)would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F6... and require the consent of the Secretary of State, or
(c)the provision meets the conditions in sub-paragraph (2).
(2)The conditions are—
(a)the provision—
(i)amends or revokes subordinate legislation made before [F7IP completion day] by a Northern Ireland devolved authority acting alone, or
(ii)makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
(b)the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
(c)the provision only forms part of the law of Northern Ireland,
(d)the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,
(e)the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and
(f)the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.
Textual Amendments
F5Words in Sch. 2 para. 10(1)(a)(i) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(a)(iv)
F6Words in Sch. 2 para. 10(1)(b)(ii) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(3)(a)(iv)
F7Words in Sch. 2 para. 10(2)(a)(i) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 27(7)(d), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(k)
11U.K.References in paragraphs 8 to 10, in connection with the making of regulations under this Part, to the subject-matter of any provision or subordinate legislation are to be read as references to the subject-matter of the provision or subordinate legislation when the regulations concerned are made.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: