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European Union (Withdrawal) Act 2018
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Changes over time for: Paragraph 23
Version Superseded: 01/01/2024
Alternative versions:
- 26/06/2018- Amendment
- 23/01/2020- Amendment
- 23/01/2020
Point in time - 01/01/2024- Amendment
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Point in time view as at 23/01/2020.
Changes to legislation:
European Union (Withdrawal) Act 2018, Paragraph 23 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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This section has no associated Explanatory Notes
23(1)The fact that anything continues to be, or forms part of, domestic law by virtue of any provision of [F1sections 1A] to 6 or Schedule 1 does not prevent it from being modified by regulations made under section 23(1) in consequence of any other provision made by or under this Act.U.K.
(2)Accordingly, [F2anything which continues to be domestic law by virtue of section 1B(2) or] any retained EU law may, for example, be modified by regulations made under section 23(1) in consequence of the repeal of any enactment contained in the European Communities Act 1972.
(3)The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with—
(a)the repeal of any enactment contained in the European Communities Act 1972, or
(b)the withdrawal of the United Kingdom from the EU,
which is additional to that made by any provision of [F3sections 1A] to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
(4)The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which—
(a)is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—
(i)the repeal of any enactment contained in the European Communities Act 1972, or
(ii)the withdrawal of the United Kingdom from the EU, and
(b)is additional to that made by any provision of [F4sections 1A] to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
(5)Provision of the kind mentioned in sub-paragraph (3) or (4) may (among other things) include further provision treating any provision of that kind as [F5anything which continues to be domestic law by virtue of section 1B(2), or as retained EU law,] for particular purposes or all purposes.
Textual Amendments
F1Words in Sch. 7 para. 23(1) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(a) (with s. 38(3), Sch. 5 para. 66)
F2Words in Sch. 7 para. 23(2) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(b) (with s. 38(3), Sch. 5 para. 66)
F3Words in Sch. 7 para. 23(3) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(c) (with s. 38(3), Sch. 5 para. 66)
F4Words in Sch. 7 para. 23(4)(b) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(d) (with s. 38(3), Sch. 5 para. 66)
F5Words in Sch. 7 para. 23(5) substituted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(3)(e) (with s. 38(3), Sch. 5 para. 66)
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