SCHEDULES

SCHEDULE 5Consequential and transitional provision etc.

PART 2Specific consequential provision etc.

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

5

The Interpretation Act (Northern Ireland) 1954 is amended as follows.

I536

In section 11 (references in enactments), in subsections (1C), (1D) and (1E), for “exit day” substitute “ IP completion day ”.

I17

In section 44A (definitions relating to the United Kingdom's withdrawal from the EU)—

a

before the definition of “exit day” insert—

“EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act),

b

after the definition of “exit day” insert—

“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),

I26c

in the definition of “retained EU obligation” for “exit day” substitute “ IP completion day ”.

Interpretation Act 1978

8

The Interpretation Act 1978 is amended as follows.

I549

In section 20(3) (references to other enactments) for “exit day” substitute “ IP completion day ”.

I5510

In section 21(1) (meaning of “subordinate legislation”) for “exit day F1under any retained direct EU legislation” substitute “IP completion day F1under any retained direct EU legislation”.

I2711

In section 23ZA(4)(a)(ii) (retained direct EU legislation) for “exit day” substitute “ IP completion day ”.

I212

In Schedule 1 (words and expressions defined), under the italic heading “Definitions relating to the EU and the United Kingdom's withdrawal”—

a

before the definition of “exit day” insert—

“EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).

b

after the definition of “exit day” insert—

“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).

I28c

in the definition of “retained EU obligation” for “exit day” substitute “ IP completion day ”, and

I49d

in the definition of “ “The Treaties” or “the EU Treaties””—

i

for “or EU Treaties,” substitute “ or EU Treaties as at immediately before IP completion day and ”, and

ii

for the words from “its repeal” to the end of the definition substitute “ IP completion day ”.

European Economic Area Act 1993

I6313

The European Economic Area Act 1993 is amended as follows.

I5614

In section 2 (consistent application of law to the whole of the EEA), in subsections (3)(a) and (3A), for “exit day” substitute “ IP completion day ”.

I5715

In section 3 (general implementation of the EEA agreement), in subsections (3)(a) and (4A), for “exit day” substitute “ IP completion day ”.

I5816

In section 6(1) (interpretation), in the definition of “the 1972 Act”, for “its repeal by section 1” substitute “ it ceases to have effect by virtue of section 1A(5) ”.

Scotland Act 1998

17

The Scotland Act 1998 is amended as follows.

F218

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

F319

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

20

1

Paragraph 1 of Schedule 4 (enactments etc. protected from modification) is amended as follows.

2

In sub-paragraph (2)(g) for “paragraphs 31 to 35 of Schedule 8 to” substitute “ any excluded provision of ”.

3

After sub-paragraph (2) insert—

3

For the purposes of sub-paragraph (2)(g), the following are excluded provisions of the European Union (Withdrawal) Act 2018—

a

section 1B(3) and (4),

b

sections 8A to 8C,

c

section 10(3) and (4),

d

sections 13A and 13B,

e

sections 15A to 15C,

f

Parts 1A to 1C of Schedule 2,

g

paragraphs 8A to 8G of Schedule 7, and

h

paragraphs 31 to 35 of Schedule 8.

I5921

In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability) for “exit day” substitute “ IP completion day ”.

Northern Ireland Act 1998

22

The Northern Ireland Act 1998 is amended as follows.

F423

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

24

1

Section 7 (entrenched enactments) is amended as follows.

2

In subsection (1) for “subsection (2A)” substitute “ subsections (2A) and (2B) ”.

3

In subsection (2A) for paragraphs (a) and (b) (but not the word “or” at the end of paragraph (b)) substitute—

ba

any excluded provision of the European Union (Withdrawal) Act 2018,

4

After subsection (2A) insert—

2B

For the purposes of subsection (2A)(ba), the following are excluded provisions of the European Union (Withdrawal) Act 2018—

a

section 1B(3) and (4),

b

sections 8A to 8C,

c

section 10(3) and (4),

d

sections 13A and 13B,

e

sections 15A to 15C,

f

Parts 1A to 1C of Schedule 2,

g

paragraphs 1(11) and (12), 2(12) and (13) and 8A to 8G of Schedule 7, and

h

paragraph 21 of Schedule 8.

F525

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

I5226

In Schedule 3 (reserved matters), in paragraph 38, for “exit day” substitute “ IP completion day ”.

Government of Wales Act 2006

27

The Government of Wales Act 2006 is amended as follows.

F628

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

F729

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

I6030

In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), in paragraph 77, for “exit day” substitute “ IP completion day ”.

31

1

Paragraph 5 of Schedule 7B (protected enactments) is amended as follows.

2

In sub-paragraph (1), in the entry in the table for the European Union (Withdrawal) Act 2018, after “whole Act” insert “ other than any excluded provision ”.

3

After sub-paragraph (1) insert—

1A

For the purposes of the entry in the table in sub-paragraph (1) for the European Union (Withdrawal) Act 2018, the following are excluded provisions of that Act—

a

section 1B(3) and (4),

b

sections 8A to 8C,

c

section 10(3) and (4),

d

sections 13A and 13B,

e

sections 15A to 15C,

f

Parts 1A to 1C of Schedule 2, and

g

paragraphs 8A to 8G of Schedule 7.

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

32

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

I2933

In section 1(1)(ba) (application of Part 1 of the Act) for “exit day” substitute “ IP completion day ”.

I6134

In section 14(3) (references to other legislative provisions) for “exit day”, in both places where it appears, substitute “ IP completion day ”.

I3035

In section 30(7) (other instruments laid before the Scottish Parliament) omit “(including that paragraph as applied by paragraph 19(7) of that Schedule)”.

I336

In section 55(2B)(d) (transitional Orders: revocation and savings)—

a

before the definition of “exit day” (and after the italic heading “Definitions relating to EU exit”) insert—

“EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).

b

after the definition of “exit day” insert—

“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).

I31c

in the definition of “retained EU obligation” for “exit day” substitute “ IP completion day ”, and

I50d

in the definition of “ “The Treaties” or “the EU Treaties””—

i

for “or EU Treaties,” substitute “ or EU Treaties as at immediately before IP completion day and ”, and

ii

for the words from “its repeal” to the end of the definition substitute “ IP completion day ”.

I437

In Schedule 1 (definitions of words and expressions)—

I64a

in the definition of “subordinate legislation” for “exit day” substitute “ IP completion day ”,

b

before the definition of “exit day” (and after the italic heading “Definitions relating to EU exit”) insert—

“EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).

c

after the definition of “exit day” insert—

“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).

I32d

in the definition of “retained EU obligation” for “exit day” substitute “ IP completion day ”,

I64e

in the definition of “EU instrument” omit “(within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act))”, and

I64f

in the definition of “ “The Treaties” or “the EU Treaties””—

i

for “or EU Treaties,” substitute “ or EU Treaties as at immediately before IP completion day and ”, and

ii

for the words from “its repeal” to the end of the definition substitute “ IP completion day ”.

European Union (Withdrawal) Act 2018

38

The European Union (Withdrawal) Act 2018 is amended as follows.

I5139

In the italic heading before section 2, for “existing EU law” substitute “ saved EU law at end of implementation period ”.

40

I141

Section 7 (status of retained EU law) is amended as follows.

I142

In subsection (1)(b) for “section 2” substitute “ section 1A(2) or 1B(2) ”.

I443

After subsection (1) insert—

1A

Anything which—

a

was, immediately before IP completion 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 IP completion day by virtue of section 2,

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

I444

In subsection (5)—

a

in paragraph (a) after “(3)” insert “ and (7) ”, and

b

after paragraph (b) insert—

ba

section 7C (status of case law of European Court etc. in relation to retained EU law which is relevant separation agreement law),

I145

In subsection (6) for “exit day”, wherever it appears, substitute “ IP completion day ”.

I541

1

Section 10 (continuation of North-South co-operation and the prevention of new border arrangements) is amended as follows.

I452

In the heading—

a

for “Continuation of” substitute “ Protection for ”, and

b

omit “the”.

3

In subsection (2)—

a

omit “, 9”, and

I45b

in paragraph (a) omit “(as defined by section 98 of the Northern Ireland Act 1998)”.

42

In section 11 (powers involving devolved authorities corresponding to sections 8 and 9), in the heading and the text of the section, for “and 9” substitute “ to 8C ”.

I1543

In the italic cross-heading before section 13, for “approval of outcome of EU negotiations” substitute “ oversight of withdrawal ”.

I644

1

Section 20 (interpretation) is amended as follows.

2

In subsection (1)—

a

after the definition of “Charter of Fundamental Rights” insert—

“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);

I13b

in the definition of “domestic law”, in paragraph (a), for “section 3” substitute “ sections 3, 7A and 7B ”,

I13c

in the definition of “enactment”, in paragraph (h), for “2” substitute “ 1B ”,

d

after the definition of “exit day” insert—

“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);

e

after the definition of “public authority” insert—

“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);

I13f

in the definition of “retained direct EU legislation” for “exit day” substitute “ IP completion day ”,

I13g

in the definition of “subordinate legislation” for “exit day” substitute “ IP completion day ”, and

I13h

omit the definition of “withdrawal agreement”.

3

After subsection (5) insert—

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).

I134

In subsection (6) for “exit day” substitute “ IP completion day ”.

I1645

In the table in section 21(1) (index of defined expressions)—

a

before the entry for “Anything which continues to be domestic law by virtue of section 2” (and after the headings for the table) insert—

Anything which continues to be domestic law by virtue of section 1B(2)

Section 20(5A)

b

after the entry for “Charter of Fundamental Rights” insert—

Commons sitting day

Section 20(1)

c

after the entry for “EEA agreement” insert—

EEA EFTA separation agreement

Section 7B(6)

d

after the entry for “EU decision” insert—

EU-derived domestic legislation

Section 1B(7)

e

after the entry for “EU regulation” insert—

European Communities Act 1972

Section 1A(7)(a)

f

after the entry for “Former Article 34(2)(c) of Treaty on European Union” insert—

Implementation period

Section 1A(6)

IP completion day (and related expressions)

Section 1A(6)

Joint Committee

Section 20(1)

Lords sitting day

Section 20(1)

g

after the entry for “Operative (in relation to direct EU legislation)” insert—

Part (of withdrawal agreement or EEA EFTA separation agreement)

Section 1A(7)(b)

h

after the entry for “Public authority in the United Kingdom (however expressed)” insert—

Qualifying Northern Ireland goods

Section 8C(6)

Ratify

Section 20(1)

i

after the entry for “relevant criminal offence” insert—

Relevant separation agreement law

Section 7C(3)

j

after the entry for “subordinate legislation” insert—

Swiss citizens' rights agreement

Section 7B(6)

k

in the entry for “Withdrawal agreement” for “Section 20(1)” substitute “ Section 1A(6) ”.

I1746

1

Section 23 (consequential and transitional provision) is amended as follows.

2

In subsection (3) for “the end of the Session in which this Act is passed” substitute “ IP completion day ”.

3

In subsection (4) for “exit day” substitute “ IP completion day ”.

4

In subsection (6) after “exit day” insert “ or IP completion day ”.

I747

1

Schedule 4 (powers in connection with fees and charges) is amended as follows.

2

In paragraph 1(1) omit paragraph (b) and the word “or” before it.

I183

In paragraph 5(1) for “exit day” substitute “ IP completion day ”.

4

In paragraph 6 for “section 8 or 9” substitute “ sections 8 to 8C ”.

I185

In paragraph 8(a) for “the repeal of that section by section 1” substitute “ IP completion day ”.

6

In paragraph 11 for “section 8 or 9” substitute “ sections 8 to 8C ”.

48

I191

Schedule 5 (publication and rules of evidence) is amended as follows.

I192

In paragraphs 1(1)(a) and (5)(a) and (b) and 2(1) for “exit day” substitute “ IP completion day ”.

I463

In paragraph 3—

a

in sub-paragraph (1)—

i

for “, for the purpose of interpreting retained EU law in legal proceedings,” substitute “ in legal proceedings ”, and

ii

omit “for that purpose”, and

b

in sub-paragraph (2) omit the definition of “interpreting retained EU law”.

I194

In paragraph 4—

a

in sub-paragraph (4) for “the end of the Session in which this Act is passed” substitute “ IP completion day ”, and

b

in sub-paragraph (5)—

i

after paragraph (c) but before the “and” at the end of that paragraph insert—

ca

the EEA EFTA separation agreement,

cb

the Swiss citizens' rights agreement,

cc

the withdrawal agreement,

ii

in paragraph (d) for “or (c)” substitute “ , (c), (ca), (cb) or (cc) ”.

I2049

1

Schedule 6 (instruments which are exempt EU instruments) is amended as follows.

2

Omit paragraphs 1(1), 2 and 4.

3

In paragraph 3—

a

omit “or EU regulation” in paragraph (a), and

b

omit paragraph (b) and the word “or” before it.

50

In Part 1 of Schedule 7 (scrutiny of powers to deal with deficiencies)—

a

in paragraph 2(17), for “and (15)” substitute “ to (16) ”,

b

in paragraph 3(11), omit paragraphs (b) and (c) and the words after paragraph (c),

c

omit paragraph 4(9),

d

omit paragraph 6(7),

e

omit paragraph 7(9), and

f

omit paragraph 8(7).

I8I21I3851

After Part 1 of Schedule 7 insert—

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

Powers in connection with Part 4 of the withdrawal agreement

8A

A statutory instrument containing regulations under section 1A(3)(a)(ii) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

8B

1

A statutory instrument containing regulations under section 8A which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Any other statutory instrument containing regulations under section 8A is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

4

Any other regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

5

A statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

6

Any other statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7

Regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8

Any other regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8C

1

This paragraph applies to regulations under Part 1A of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Powers in connection with other separation issues in the withdrawal agreement etc.

8D

1

A statutory instrument containing regulations under section 8B which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Any other statutory instrument containing regulations under section 8B is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

4

Any other regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

5

A statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

6

Any other statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7

Regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

8

Any other regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8E

1

This paragraph applies to regulations under Part 1B of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—

a

primary legislation, or

b

retained direct principal EU legislation,

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

Powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement

8F

1

A statutory instrument containing regulations under section 8C(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

2

Provision falls within this sub-paragraph if it—

a

amends, repeals or revokes primary legislation or retained direct principal EU legislation,

b

establishes a public authority,

c

relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,

d

creates, or widens the scope of, a criminal offence,

e

creates or amends a power to legislate, or

f

facilitates the access to the market within Great Britain of qualifying Northern Ireland goods.

3

Any other statutory instrument containing regulations under section 8C(1) is subject to annulment in pursuance of a resolution of either House of Parliament.

4

A statutory instrument containing regulations under section 8C(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

5

Regulations under Part 1C of Schedule 2 of the Scottish Ministers acting alone which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6

Any other regulations under Part 1C of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

7

A statutory instrument containing regulations under Part 1C of Schedule 2 of the Welsh Ministers acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

8

Any other statutory instrument containing regulations under Part 1C of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

9

Regulations under Part 1C of Schedule 2 of a Northern Ireland department acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

10

Any other regulations under Part 1C of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

8G

1

This paragraph applies to regulations under Part 1C of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.

2

The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.

3

A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 8F(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

4

Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.

5

Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 8F(2) are subject to the affirmative procedure.

6

Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.

7

Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

8

Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).

9

Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).

10

A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 8F(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 8F(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

13

Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

14

If in accordance with sub-paragraph (4), (6), (11) or (13)—

a

either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or

b

a relevant devolved legislature resolves that an instrument be annulled,

nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.

15

In sub-paragraph (14) “relevant devolved legislature” means—

a

in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,

b

in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and

c

in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.

16

Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.

17

Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.

I952

1

Part 2 of Schedule 7 (scrutiny of other powers under Act) is amended as follows.

I392

After paragraph 9 insert—

Power in relation to interpretation of retained EU law

9A

A statutory instrument containing regulations under section 6(5A) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3

Omit paragraph 10 (and the italic cross-heading before it).

4

In the italic cross-heading before paragraph 17 omit “certain implementation or”.

5

In paragraph 17—

a

in sub-paragraph (1) omit “10(3) or”,

b

in sub-paragraph (11) omit paragraphs (b) and (c) and the words after paragraph (c), and

c

in sub-paragraph (12) omit “10(3) or”.

6

Omit paragraph 18 (and the italic cross-heading before it).

7

In paragraph 19—

a

in sub-paragraph (1)—

i

in paragraph (a) omit “, 10(1)”, and

ii

in paragraph (b) omit “10(3),”,

b

omit sub-paragraph (7), and

c

in sub-paragraph (8) omit “10(3) or”.

I1053

1

Part 3 of Schedule 7 (general provision about powers under Act) is amended as follows.

2

In paragraph 21—

a

in paragraph (a)(i) after “modify” insert “ anything which continues to be domestic law by virtue of section 1B(2) or any ”, and

b

in paragraph (b) for “any retained EU law” substitute “ anything which continues to be domestic law by virtue of section 1B(2), or any retained EU law, ”.

3

In paragraph 23—

a

in sub-paragraph (1) for “sections 2” substitute “ sections 1A ”,

b

in sub-paragraph (2) after “Accordingly,” insert “ anything which continues to be domestic law by virtue of section 1B(2) or ”,

c

in sub-paragraph (3) for “sections 2” substitute “ sections 1A ”,

d

in sub-paragraph (4)(b) for “sections 2” substitute “ sections 1A ”, and

e

in sub-paragraph (5) for “retained EU law” substitute “ anything which continues to be domestic law by virtue of section 1B(2), or as retained EU law, ”.

4

After paragraph 23 insert—

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

23A

Any power to make regulations under this Act which modify anything which continues to be domestic law by virtue of section 1B(2) is capable of being exercised before exit day so that the regulations come into force on or after exit day.

I225

In paragraph 24 for “exit day”, in both places where it appears, substitute “ IP completion day ”.

6

After paragraph 24 insert—

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

24A

Any power to make regulations under this Act in relation to the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens' rights agreement, or any modification of any of them which requires ratification, is capable of being exercised before the agreement or (as the case may be) modification concerned is ratified.

7

In paragraph 28—

a

in sub-paragraph (1)(a) omit “, 9” and “or 12(2)”, and

I22b

in sub-paragraph (6)(c) for “exit day” substitute “ IP completion day ”.

8

In paragraph 29—

a

in sub-paragraph (1)(a), omit “or 2”, and

I22b

in sub-paragraph (6)(c) for “exit day” substitute “ IP completion day ”.

9

In paragraph 30(1)(a) omit “or 9”.

10

In paragraph 31(1)(a) omit “or 2”.

11

In paragraph 32(1) omit “or 9”.

12

In paragraph 33(1) omit “or 2”.

13

In paragraph 35(1) omit “(whether or not as applied by paragraph 19(7))”.

54

I231

Part 1 of Schedule 8 (general consequential provision) is amended as follows.

I422

In paragraph 1(1) for “exit day”, in both places where it appears, substitute “ IP completion day ”.

I423

In paragraph 2—

a

in sub-paragraph (1) for “exit day”, wherever it appears, substitute “ IP completion day ”,

b

after sub-paragraph (2) insert—

2A

Sub-paragraph (1) does not apply so far as any reference forms part of relevant separation agreement law.

c

in sub-paragraph (3) for “and (2)” substitute “ to (2A) ”.

I234

For paragraph 7 substitute—

7

Any power to make, confirm or approve subordinate legislation which, immediately before exit day, is subject to an implied restriction that it is exercisable only compatibly with EU law is to be read—

a

on or after exit day, without that restriction, and

b

on or after IP completion day, without any corresponding restriction in relation to compatibility with retained EU law,

so far as the restriction concerned is not applicable to and in the United Kingdom by virtue of the withdrawal agreement.

I12I235

In paragraph 8—

F8a

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

b

in sub-paragraph (3) for “exit day”, in both places where it appears, substitute “ IP completion day ”.

I426

In paragraph 9—

a

in sub-paragraph (1)—

i

for “exit day” substitute “ IP completion day ”, and

ii

for “pre-exit” substitute “ pre-IP completion day ”, and

b

in sub-paragraph (2)—

i

for “pre-exit” substitute “ pre-IP completion day ”, and

ii

for “exit day” substitute “ IP completion day ”.

I12I237

In paragraph 12—

F9a

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

b

in sub-paragraph (3)—

i

for “, and in the same Session as, this Act” substitute “ this Act and before IP completion day ”, and

ii

for “exit day”, in both places where it appears, substitute “ IP completion day ”.

F10I428

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

F10I429

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

F10I4210

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

I4211

In paragraph 16—

a

in sub-paragraphs (1) and (6) for “exit day” substitute “ IP completion day ”, and

b

after sub-paragraph (8) insert—

9

This paragraph does not apply where the amendment or revocation of subordinate legislation is for the purposes of—

a

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

b

the EEA EFTA separation agreement, or

c

the Swiss citizens' rights agreement.

55

I241

Part 3 of Schedule 8 (general transitional, transitory or saving provision) is amended as follows.

I242

Before paragraph 37 (but after the italic heading before that paragraph) insert—

36A

1

Anything done—

a

in connection with anything which continues to be domestic law by virtue of section 1A(2) or 1B(2), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

if in force or effective immediately before exit day, continues to be in force or effective on and after exit day.

2

Anything done—

a

in connection with anything which continues to be domestic law by virtue of section 1A(2) or 1B(2), or

b

for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,

which, immediately before exit day, is in the process of being done continues to be done on and after exit day.

3

Sub-paragraphs (1) and (2) are subject to—

a

sections 1 to 1B and the withdrawal of the United Kingdom from the EU,

b

any provision made under section 23(6) of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, and

c

any other provision made by or under this Act, the European Union (Withdrawal Agreement) Act 2020 or any other enactment.

4

References in this paragraph to anything done include references to anything omitted to be done.

I473

In paragraph 37—

a

in sub-paragraphs (1) and (2) for “exit day”, wherever it appears, substitute “ IP completion day ”,

b

in sub-paragraph (3)(a) for “section 1” substitute “ sections 1 to 1B ”,

c

in sub-paragraph (3)(b) for “6” substitute “ 7C ”,

d

in sub-paragraph (3)(c) after “23(6)” insert “ of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020 ”, and

e

in sub-paragraph (3)(d) after “this Act” insert “ , the European Union (Withdrawal Agreement) Act 2020 ”.

I1156

1

Part 4 of Schedule 8 (specific transitional, transitory and saving provision) is amended as follows.

I432

In the italic heading before paragraph 38 for “existing EU law” substitute “ saved EU law at end of implementation period ”.

I433

After that italic heading but before paragraph 38 insert—

37A

The repeal of section 1A(1) to (4) by section 1A(5) and the repeal of section 1B(1) to (5) by section 1B(6) do not prevent an enactment to which section 2 applies from continuing to be read, on and after IP completion day and by virtue of section 2, in accordance with section 1B(3) or (4).

I434

In paragraph 38 for “exit day”, in both places where it appears, substitute “ IP completion day ”.

I435

In paragraph 39—

a

for “exit day”, wherever it appears, substitute “ IP completion day ”, and

b

in sub-paragraph (1)—

i

after “subject to” insert “ relevant separation agreement law (for which see section 7C) and ”, and

ii

after “section 23(6)” insert “ of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020 ”.

6

In paragraph 40—

I40a

after “section” insert “ 6(5A), ”

b

after “8,” insert “ 8A ”,

c

omit “9”, and

d

after “23(1) or” insert “ Part 1 or 1A of ”.

7

In paragraph 41—

I25I48a

for “exit day”, wherever it appears, substitute “ IP completion day ”, and

I41b

in sub-paragraph (10) for “the making of regulations under Schedule 2 or 4” substitute

—

a

the making of regulations before exit day under Part 1A of Schedule 2, or

b

the making of regulations under—

i

Part 1B or 1C of Schedule 2, or

ii

Schedule 4.

I438

In paragraph 42 for “exit day” substitute “ IP completion day ”.

The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

I6257

1

The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310) are amended as follows.

2

Omit regulation 3 (cessation of certain rights etc. which form part of domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018).

3

In table 2 in Part 2 of Schedule 1 (revocations of certain EU decisions etc.) omit the entries relating to Council Decisions 76/787 and 2002/772.

Legislation (Wales) Act 2019 (anaw 4)

I3758

The Legislation (Wales) Act 2019 is amended as follows.

I3359

In section 24 (references to direct EU legislation retained in domestic law after EU exit), in subsection (1)(a)—

a

in the Welsh language text, for “y diwrnod ymadael” substitute “diwrnod cwblhau'r cyfnod gweithredu”, and

b

in the English language text, for “exit day” substitute “ implementation period completion day ”.

I3460

In section 26 (references to EU instruments), in subsection (3)—

a

in the Welsh language text, omit “ar gyfer darpariaeth am effaith cyfeiriadau penodol sy'n bodoli cyn y diwrnod ymadael ar y diwrnod ymadael neu ar ôl y diwrnod ymadael”, and

b

in the English language text, omit “for provision about the effect on or after exit day of certain references which exist before exit day”.

I3561

In the Table in Schedule 1 (definitions of words and expressions), in the Welsh language text—

a

after the entry for “Cynulliad Cenedlaethol Cymru (National Assembly for Wales)” insert—

cytundeb ymadael â'r UE (EU withdrawal agreement)

mae i “cytundeb ymadael â'r UE” yr ystyr a roddir i “withdrawal agreement” yn Neddf yr Undeb Ewropeaidd (Y Cytundeb Ymadael) 2020 (p. 1) (gweler adran 39(1) a (6) o'r Ddeddf honno)

b

in the entry for “cytundeb yr AEE (EEA agreement)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau'r cyfnod gweithredu”,

c

in the entry for “y Cytuniadau (the Treaties) neu Cytuniadau‘r UE (EU Treaties)”, for paragraphs (a) and (b) substitute—

a

mewn perthynas ag amser cyn diwrnod cwblhau'r cyfnod gweithredu, yr ystyr a roddir i “the Treaties” neu “the EU Treaties” gan Ddeddf y Cymunedau Ewropeaidd 1972 (p. 68) fel y mae'n cael effaith yn rhinwedd adran 1A o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018;

b

mewn perthynas ag amser ar neu ar ôl diwrnod cwblhau'r cyfnod gweithredu, yr ystyr a roddir i “the Treaties” neu “the EU Treaties” gan Ddeddf y Cymuendau Ewropeaidd 1972 fel yr oedd ganddi effaith yn union cyn diwrnod cwblhau'r cyfnod gweithredu, ac mae'n cyfeirio at y Cytuniadau neu Gytuniadau'r UE fel yr oeddent yn union cyn diwrnod cwblhau'r cyfnod gweithredu

d

after the entry for “y Deyrnas Unedig (United Kingdom)” insert—

diwrnod cwblhau'r cyfnod gweithredu (implementation period completion day)

mae i “diwrnod cwblhau'r cyfnod gweithredu” yr ystyr sydd i “IP completion day” o fewn ystyr Deddf yr Undeb Ewropeaidd (Y Cytundeb Ymadael) 2020 (p. 1), ac mae ymadroddion perthynol i'w dehongli yn unol â hynny (gweler adran 39(1) i (5) o'r Ddeddf honno)

e

in the entry for “offeryn UE (EU instrument)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau'r cyfnod gweithredu”, and

f

in the entry for “rhwymedigaeth UE a ddargedwir (retained EU obligation)”, for “y diwrnod ymadael” substitute “diwrnod cwblhau'r cyfnod gweithredu”.

I3662

In the Table in Schedule 1 (definitions of words and expressions), in the English language text—

a

in the entry for “EEA agreement (cytundeb yr AEE)”, for “exit day” substitute “ implementation period completion day ”,

b

in the entry for “EU instrument (offeryn UE)”, for “exit day” substitute “ implementation period completion day ”,

c

after the entry for “European Court (Llys Ewropeaidd)” insert—

EU withdrawal agreement (cytundeb ymadael â'r UE)

“EU withdrawal agreement” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (see section 39(1) and (6) of that Act)

d

after the entry for “High Court (Uchel Lys)” insert—

implementation period completion day (diwrnod cwblhau'r cyfnod gweithredu)

“implementation period completion day” means “IP completion day” within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1), and related expressions are to be interpreted accordingly (see section 39(1) to (5) of that Act)

e

in the entry for “retained EU obligation (rhwymedigaeth UE a ddargedwir)”, for “exit day” substitute “ implementation period completion day ”, and

f

in the entry for “the Treaties (y Cytuniadau) or the EU Treaties (Cytuniadau‘r UE)”, for paragraphs (a) and (b) substitute—

a

in relation to a time before implementation period completion day, has the meaning given by the European Communities Act 1972 (c. 68) as it has effect by virtue of section 1A of the European Union (Withdrawal) Act 2018;

b

in relation to a time on or after implementation period completion day, has the meaning given by the European Communities Act 1972 as it had effect immediately before implementation period completion day, and refers to the Treaties or the EU Treaties as they were immediately before implementation period completion day.