European Union (Withdrawal) Act 2018

Review provisions in existing subordinate legislation

This section has no associated Explanatory Notes

9(1)In carrying out a review of a provision of subordinate legislation on or after exit day (whether under provision made in accordance with section 28 of the Small Business, Enterprise and Employment Act 2015 or otherwise), a person is not required, by any pre-exit enactment, to have regard to how any former EU obligation is implemented elsewhere than in the United Kingdom.

(2)In this paragraph—

  • “former EU obligation” means an obligation by which the United Kingdom is, as a result of the United Kingdom’s withdrawal from the EU, no longer bound at the time of the review;

  • “pre-exit enactment” means an Act passed, or subordinate legislation made, before exit day;

  • “subordinate legislation” does not include an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales.