- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
European Union (Withdrawal) Act 2018, PART 1B is up to date with all changes known to be in force on or before 23 May 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Sch. 2 Pt. 1B inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 19, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(h)
11G(1)A devolved authority may by regulations make such provision as the devolved authority considers appropriate—
(a)to implement Part 3 of the withdrawal agreement (separation provisions),
(b)to supplement the effect of section 7A in relation to that Part, or
(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).
(2)A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—
(a)to implement Part 3 of the withdrawal agreement (separation provisions),
(b)to supplement the effect of section 7A in relation to that Part, or
(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).
(3)A devolved authority may by regulations make such provision as the devolved authority considers appropriate—
(a)to implement Part 3 of the EEA EFTA separation agreement (separation provisions),
(b)to supplement the effect of section 7B in relation to that Part, or
(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).
(4)A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—
(a)to implement Part 3 of the EEA EFTA separation agreement (separation provisions),
(b)to supplement the effect of section 7B in relation to that Part, or
(c)otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).
(5)Regulations under this Part may make any provision that could be made by an Act of Parliament.
(6)Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—
(a)section 7A above and Part 3 of the withdrawal agreement, or
(b)section 7B above and Part 3 of the EEA EFTA separation agreement.
(7)But regulations under this Part may not—
(a)impose or increase taxation or fees,
(b)make retrospective provision,
(c)create a relevant criminal offence,
(d)establish a public authority,
(e)amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
(f)amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
(8)Regulations under sub-paragraph (1) or (3) are also subject to paragraphs 11H and 11I.
(9)In this paragraph references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).
11H(1)No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.
(2)See paragraphs 11J to 11L for the meaning of “devolved competence” for the purposes of this Part.
11IParagraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.
11JA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
(a)it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F2..., or
(b)it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone F3....
Textual Amendments
F2Words in Sch. 2 Pt. 1B para. 11J(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)(b)(i)(aa)
F3Words in Sch. 2 Pt. 1B para. 11J(b) 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)(b)(i)(bb)
11KA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
(a)it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F4... including any provision that could be made only with the consent of a Minister of the Crown), or
(b)it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone. F5...
Textual Amendments
F4Words in Sch. 2 Pt. 1B para. 11K(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)(b)(ii)(aa)
F5Words in Sch. 2 Pt. 1B para. 11K(b) 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)(b)(ii)(bb)
11LA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
(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, F6..., 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 F7... and require the consent of the Secretary of State, or
(c)the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone F8....]
Textual Amendments
F6Words in Sch. 2 Pt. 1B para. 11L(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)(b)(iii)
F7Words in Sch. 2 Pt. 1B para. 11L(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)(b)(iii)
F8Words in Sch. 2 Pt. 1B para. 11L(c) 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)(b)(iii)
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?
Y Ddeddf Gyfan 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?
Y Rhestrau 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?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: 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.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
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.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys