The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022

PART 2 Repeal of EU restrictions in devolution Acts and consequential amendment of devolution Acts

Amendment of the Scotland Act 1998

2.—(1) The Scotland Act 1998(1) is amended as follows.

(2) In section 29(2) (provisions outside legislative competence)(2), in paragraph (d), omit “or in breach of the restriction in section 30A(1)”.

(3) Omit section 30A (legislative competence: restriction relating to retained EU law)(3).

(4) In section 57 (Convention rights and retained EU law)(4)—

(a) in the heading, omit “and retained EU law”;

(b) omit subsections (4) to (15).

(5) In Schedule 6 (devolution issues)(5), in paragraph 1(d), omit “or in breach of the restriction in section 57(4)”.

(6) In Schedule 7 (procedure for subordinate legislation)(6)—

(a) in paragraph 1(2), in the table—

(i) omit the entry for section 30A;

(ii) omit the entry for section 57(4);

(b) omit paragraph 6.

Amendment of the Northern Ireland Act 1998

3.—(1) The Northern Ireland Act 1998(7) is amended as follows.

(2) In section 6(2) (provisions outside legislative competence)(8), omit paragraph (d).

(3) Omit section 6A (restriction relating to retained EU law)(9).

(4) In section 24 (Convention rights, retained EU law etc.)(10)—

(a) in the heading, omit “, retained EU law”;

(b) omit subsections (3) to (15).

(5) In section 96 (orders and regulations)(11), omit subsection (4A).

(6) Omit section 96A (explanatory statements in relation to certain regulations)(12).

Amendment of the Government of Wales Act 2006

4.—(1) The Government of Wales Act 2006(13) is amended as follows.

(2) In the italic heading before section 80 (retained EU law, human rights and international obligations etc.)(14), for “law” substitute “obligations”.

(3) In section 80 (retained EU law)(15)—

(a) in the heading, for “law” substitute “obligations”;

(b) omit subsections (8) to (8L);

(c) in subsection (9), for “Subsections (1), (8) and (8L) apply” substitute “Subsection (1) applies”.

(4) In section 108A(2)(e) (no competence to legislate incompatibly with Convention rights or in breach of section 109A(1))(16), omit “or in breach of the restriction in section 109A(1)”.

(5) Omit section 109A (legislative competence: restriction relating to retained EU law)(17).

(6) Omit section 157ZA (explanatory statements in relation to certain regulations)(18).

(1)

1998 c. 46.

(2)

Section 29(2) was amended by section 12(1) of the European Union (Withdrawal) Act 2018.

(3)

Section 30A was inserted by section 12(2) of the European Union (Withdrawal) Act 2018, and amended by paragraph 18 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(4)

The heading of section 57 was amended by paragraph 13(2) of Schedule 3 to the European Union (Withdrawal) Act 2018 (“the 2018 Act”). Subsections (4) to (15) were inserted by paragraph 1(b) of Schedule 3 to the 2018 Act, and were amended by paragraph 19 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020, paragraph 1 of Schedule 6 to the European Union (Future Relationship) Act 2020 (c. 29) and paragraph 1 of Schedule 3 to the Trade Act 2021 (c. 10). There are other amendments to section 57 which are not relevant to these Regulations.

(5)

Paragraph 1(d) of Schedule 6 was amended by paragraph 23(2) of Schedule 3 to the European Union (Withdrawal) Act 2018. There are other amendments to Schedule 6 that are not relevant to these Regulations.

(6)

The relevant entries in the table in paragraph 1(2) of Schedule 7 were inserted by paragraph 24 of Schedule 3 to the European Union (Withdrawal) Act 2018 (“the 2018 Act”). Paragraph 6 was inserted by paragraph 25 of Schedule 3 to the 2018 Act. There are other amendments to Schedule 7 that are not relevant to these Regulations.

(7)

1998 c. 47.

(8)

Section 6(2)(d) was amended by section 12(5) of the European Union (Withdrawal) Act 2018. There are other amendments to section 6(2) that are not relevant to these Regulations.

(9)

Section 6A was inserted by section 12(6) of the European Union (Withdrawal) Act 2018, and amended by paragraph 23 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

(10)

The heading of section 24 was amended by paragraph 55 of Schedule 3 to the European Union (Withdrawal) Act 2018 (“the 2018 Act”). Subsections (3) to (15) were inserted by paragraph 3(b) of Schedule 3 to the 2018 Act, and amended by paragraph 25 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020, paragraph 2 of Schedule 6 to the European Union (Future Relationship) Act 2020 and paragraph 3 of Schedule 3 to the Trade Act 2021. There are other amendments to section 24 which are not relevant to these Regulations.

(11)

Subsection (4A) was inserted in section 96 by paragraph 57 of Schedule 3 to the European Union (Withdrawal) Act 2018. There are other amendments to section 96 which are not relevant to these Regulations.

(12)

Section 96A was inserted by paragraph 58 of Schedule 3 to the European Union (Withdrawal) Act 2018.

(13)

2006 c. 32.

(14)

The heading was amended by paragraph 36 of Schedule 3 to the European Union (Withdrawal) Act 2018, and by article 6(2)(a) of the Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043).

(15)

The heading of section 80 was amended by article 6(2)(a) of the Treaty of Lisbon (Changes in Terminology) Order 2011 and paragraph 37(2) of Schedule 3 to the European Union (Withdrawal) Act 2018 (“the 2018 Act”). Subsections (8) to (8L) were inserted by paragraph 2 of Schedule 3 to the 2018 Act, and amended by paragraph 28 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020, paragraph 3 of Schedule 6 to the European Union (Future Relationship) Act 2020, paragraph 2(19) of Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1) and paragraph 2 of Schedule 3 to the Trade Act 2021. Subsection (9) was amended by paragraph 37(7) of Schedule 3 to the 2018 Act. There are other amendments to section 80 that are not relevant to these Regulations.

(16)

Section 108A was inserted by section 3(1) of the Wales Act 2017 (c. 4). Subsection (2)(e) was amended by section 12(3) of the European Union (Withdrawal) Act 2018.

(17)

Section 109A was inserted by section 12(4) of the European Union (Withdrawal) Act 2018 and amended by paragraph 29 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and by paragraph 2(19) of Schedule 1 to the Senedd and Elections (Wales) Act 2020.

(18)

Section 157ZA was inserted by paragraph 43 of Schedule 3 to the European Union (Withdrawal) Act 2018 and amended by paragraph 2(19) of Schedule 1 to the Senedd and Elections (Wales) Act 2020.