European Union (Withdrawal) Act 2018
Repeal of the ECA
1Repeal of the European Communities Act 1972
Savings for implementation period
1ASaving for ECA for implementation period
1BSaving for EU-derived domestic legislation for implementation period
Retention of saved EU law at end of implementation period
2Saving for EU-derived domestic legislation
3Incorporation of direct EU legislation
4Saving for rights etc. under section 2(1) of the ECA
5Exceptions to savings and incorporation
5ASavings and incorporation: supplementary
6Interpretation of assimilated law
6DIncompatibility orders
7Status of assimilated law
Further aspects of withdrawal
7AGeneral implementation of remainder of withdrawal agreement
7BGeneral implementation of EEA EFTA and Swiss agreements
7CInterpretation of relevant separation agreement law
Main powers in connection with withdrawal
8Dealing with deficiencies arising from withdrawal
8ASupplementary power in connection with implementation period
8BPower in connection with certain other separation issues
8CPower in connection with Ireland/Northern Ireland Protocol in withdrawal agreement
9Implementing the withdrawal agreement
Devolution
10 Protection for North-South co-operation and ... prevention of new border arrangements
11Powers involving devolved authorities corresponding to sections 8 to 8C
12Retaining EU restrictions in devolution legislation etc.
Parliamentary oversight of withdrawal
13Parliamentary approval of the outcome of negotiations with the EU
13AReview of EU legislation during implementation period
13BCertain dispute procedures under withdrawal agreement
13CBills affecting trade between Northern Ireland and other parts of the United Kingdom
Financial and other matters
14Financial provision
15Publication and rules of evidence
15AProhibition on extending implementation period
15BMinisterial co-chairs of the Joint Committee
15CNo use of written procedure in the Joint Committee
16Maintenance of environmental principles etc.
17Family unity for those seeking asylum or other protection in Europe
18Customs arrangement as part of the framework for the future relationship
19Future interaction with the law and agencies of the EU
General and final provision
20Interpretation
21Index of defined expressions
22Regulations
23Consequential and transitional provision
24Extent
25Commencement and short title
SCHEDULES
SCHEDULE 1Further provision about exceptions to savings and incorporation
Challenges to validity of assimilated law
1(1) There is no right in domestic law on or...
General principles of EU law
2No general principle of EU law is part of domestic...
3(1) There is no right of action in domestic law...
Rule in Francovich
4There is no right in domestic law on or after...
Interpretation
5(1) References in section 5 and this Schedule to the...
SCHEDULE 2Corresponding powers involving devolved authorities
Part 1Dealing with deficiencies arising from withdrawal
Power to deal with deficiencies
1(1) A devolved authority may by regulations make such provision...
No power to make provision outside devolved competence
2(1) No provision may be made by a devolved authority...
No power to modify retained direct EU legislation or confer certain functions
3(1) No provision may be made by the Scottish Ministers...
Requirement for consultation in certain circumstances
4No regulations may be made under this Part by a...
Requirement for consent where it would otherwise be required
5(1) The consent of a Minister of the Crown is...
Requirement for joint exercise where it would otherwise be required
6(1) No regulations may be made under this Part by...
Requirement for consultation where it would otherwise be required
7(1) No regulations may be made under this Part by...
Meaning of devolved competence: Part 1
8(1) A provision is within the devolved competence of the...
9(1) A provision is within the devolved competence of the...
10(1) A provision is within the devolved competence of a...
11References in paragraphs 8 to 10, in connection with the...
PART 1AProvision in connection with implementation period
11ASupplementary power in connection with implementation period
11BNo power to make provision outside devolved competence
11CCertain requirements for consent, joint exercise or consultation
11DMeaning of devolved competence: Part 1A
11EA provision is within the devolved competence of the Welsh...
11FA provision is within the devolved competence of a Northern...
PART 1BProvision in connection with certain other separation issues
11GPowers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement
11HNo power to make provision outside devolved competence
11ICertain requirements for consent, joint exercise or consultation
11JMeaning of devolved competence: Part 1B
11KA provision is within the devolved competence of the Welsh...
11LA provision is within the devolved competence of a Northern...
PART 1CProvision in connection with Protocol on Ireland/Northern Ireland
11MPower in connection with Protocol on Ireland/Northern Ireland
11NNo power to make provision outside devolved competence
11OCertain requirements for consent, joint exercise or consultation
11PMeaning of devolved competence: Part 1C
11QA provision is within the devolved competence of the Welsh...
11RA provision is within the devolved competence of a Northern...
Part 2Implementing the withdrawal agreement
Power to implement withdrawal agreement
12(1) A devolved authority may by regulations make such provision...
No power to make provision outside devolved competence
13(1) No provision may be made by a devolved authority...
No power to modify retained direct EU legislation etc.
14(1) No provision may be made by the Scottish Ministers...
Requirement for consultation in certain circumstances
15(1) No regulations may be made under this Part by...
Certain requirements for consent, joint exercise or consultation
16Paragraphs 5 to 7 apply for the purposes of this...
Meaning of devolved competence: Part 2
17A provision is within the devolved competence of the Scottish...
18A provision is within the devolved competence of the Welsh...
19A provision is within the devolved competence of a Northern...
SCHEDULE 3Further amendments of devolution legislation and reporting requirement
Part 1Corresponding provision in relation to executive competence
Scotland Act 1998
1In section 57 of the Scotland Act 1998 (EU law...
Government of Wales Act 2006
2In section 80 of the Government of Wales Act 2006...
Northern Ireland Act 1998
3In section 24 of the Northern Ireland Act 1998 (EU...
Part 2Reports in connection with retained EU law restrictions
Reports on progress towards removing retained EU law restrictions
4(1) After the end of each reporting period, a Minister...
Interpretation
5In this Part— “appropriate authority” means— the Scottish Ministers, the...
Part 3Other amendments of devolution legislation
Scotland Act 1998
6The Scotland Act 1998 is amended as follows.
7In section 2 (ordinary general elections), in subsection (2A), omit...
8In section 12 (power of the Scottish Ministers to make...
9(1) Section 12A (power of the Secretary of State to...
10In section 32 (submission of Bills for Royal Assent), in...
11Omit section 34 (ECJ references).
12(1) Section 36 (stages of Bills) is amended as follows....
13(1) Section 57 (EU law and Convention rights) is amended...
14(1) Section 80D (Scottish taxpayers) is amended as follows.
15In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a),...
16(1) Section 82 (limits on salaries of members of the...
17(1) Section 106 (power to adapt functions) is amended as...
18In section 119 (Consolidated Fund etc.), omit subsection (4).
19(1) Section 126 (interpretation) is amended as follows.
20In section 127 (index of defined expressions), omit the entry...
21(1) Schedule 4 (enactments etc. protected from modification) is amended...
22In Part 2 of Schedule 5 (specific reservations), in section...
23(1) Paragraph 1 of Schedule 6 (devolution issues) is amended...
24(1) The table in paragraph 1(2) of Schedule 7 (procedure...
25After paragraph 5 of Schedule 7 (procedure for subordinate legislation:...
26In Schedule 8 (modifications of enactments), omit paragraph 15 and...
Government of Wales Act 2006
27The Government of Wales Act 2006 is amended as follows....
28In section 3 (ordinary general elections), in subsection (1A), omit...
29In section 13(5) (power of the Welsh Ministers to make...
30(1) Section 13A (power of the Secretary of State to...
31In section 16(3) (disqualification from being Assembly member) omit “(other...
32(1) Section 21 (limit on salaries of Assembly members) is...
33In section 58A (executive ministerial functions), in subsection (4)(d), for...
34Omit section 58B (implementation of EU law: general).
35(1) Section 59 (implementation of EU law: designation of Welsh...
36In the heading before section 80 (EU law, human rights...
37(1) Section 80 (EU law) is amended as follows.
38In section 111 (proceedings on Bills)— (a) in subsection (6),...
39Omit section 113 (ECJ references).
40In section 115 (Royal Assent), in subsection (3), omit paragraph...
41(1) Section 116E (Welsh taxpayers) is amended as follows.
42In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a),...
43After section 157 (orders, regulations and directions) insert— Explanatory statements...
44In section 158(1) (interpretation)— (a) omit the definition of “EU...
45In section 159 (index of defined expressions), omit the entry...
46In Schedule 3 (transfer etc. of functions: further provisions), omit...
47In Part 2 of Schedule 7A (specific reservations), in section...
48In paragraph 5(1) of Schedule 7B (protected enactments), in the...
49In Schedule 11 (transitional provisions), omit paragraph 35A and the...
Northern Ireland Act 1998
50The Northern Ireland Act 1998 is amended as follows.
51(1) Section 7 (entrenched enactments) is amended as follows.
52Omit section 12 (reconsideration where reference made to ECJ).
53In section 13 (stages of Bills), omit subsection (5)(b).
54In section 14 (submission of Bills by the Secretary of...
55In the heading of section 24 (EU law, Convention rights...
56(1) Section 27 (quotas for purposes of international etc. obligations)...
57After section 96(4) (orders and regulations) insert—
58After section 96 (orders and regulations) insert— Explanatory statements in...
59In section 98(1) (interpretation)— (a) omit the definition of “EU...
60(1) Schedule 2 (excepted matters) is amended as follows.
61In Schedule 3 (reserved matters), in paragraph 38, for the...
62In paragraph 1(c) of Schedule 10 (devolution issues) omit the...
SCHEDULE 4Powers in connection with fees and charges
Part 1Charging in connection with certain new functions
Power to provide for fees or charges
1(1) An appropriate authority may by regulations make provision for,...
Meaning of “appropriate authority”
2(1) A Minister of the Crown is an “appropriate authority”...
Requirements for consent
3(1) A Minister of the Crown may only make regulations...
Minister of the Crown power in relation to devolved authorities
4A Minister of the Crown may by regulations—
Time limit for making certain provision
5(1) Subject to sub-paragraphs (2) and (2A), no regulations may...
Relationship to other powers
6This Part does not affect the powers under sections 8...
Part 2Modifying pre-exit fees or charges
Power to modify pre-exit fees or charges
7(1) Sub-paragraph (2) applies where any subordinate legislation contains provision...
Meaning of “appropriate authority”
8In this Part an “appropriate authority” means a Minister of...
Restriction on exercise of power
9(1) Where the charging provision consists solely of 1972 Act...
Requirement for consent
10If a Minister of the Crown— (a) is an appropriate...
Relationship to other powers
11This Part does not affect the powers under sections 8...
SCHEDULE 5Publication and rules of evidence
Part 1Publication of retained direct EU legislation etc.
Things that must or may be published
1(1) The Queen's Printer must make arrangements for the publication...
Exceptions from duty to publish
2(1) A Minister of the Crown may create an exception...
Part 2Rules of evidence
Questions as to meaning of EU law
3(1) Where it is necessary, in legal proceedings, to decide...
Power to make provision about judicial notice and admissibility
4(1) A Minister of the Crown may by regulations—
SCHEDULE 6Instruments which are exempt EU instruments
EU decisions
1(1) An EU decision is “an exempt EU instrument” so...
EU regulations
2An EU regulation is “an exempt EU instrument” so far...
EU tertiary legislation
3EU tertiary legislation is “an exempt EU instrument” so far...
Interpretation
4The following are “ relevant Protocols ” for the purposes...
SCHEDULE 7Regulations
Part 1Scrutiny of powers to deal with deficiencies
Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone
1(1) A statutory instrument containing regulations under section 8(1) which...
Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly
2(1) This paragraph applies to regulations under Part 1 of...
Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown
3(1) Sub-paragraph (2) applies if a Minister of the Crown...
Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers
4(1) Sub-paragraph (2) applies if the Welsh Ministers are to...
Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown
5(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...
Scrutiny procedure in certain urgent deficiencies cases: devolved authorities
6(1) This paragraph applies to— (a) regulations to which paragraph...
7(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...
8(1) This paragraph applies to— (a) regulations to which paragraph...
PART 1AScrutiny of Specific Powers Relating to Withdrawal Agreement Etc.
8APowers in connection with Part 4 of the withdrawal agreement
8B(1) A statutory instrument containing regulations under section 8A which...
8C(1) This paragraph applies to regulations under Part 1A of...
8DPowers in connection with other separation issues in the withdrawal agreement etc.
8E(1) This paragraph applies to regulations under Part 1B of...
8FPowers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement
8G(1) This paragraph applies to regulations under Part 1C of...
Part 2Scrutiny of other powers under Act
Power to enable challenges to validity of assimilated law
9(1) A statutory instrument containing regulations under paragraph 1(2)(b) of...
Power in relation to interpretation of retained EU law
9AA statutory instrument containing regulations under section 6(5A) may not...
...
10(1) A statutory instrument containing regulations under section 9 which...
Power to repeal provisions relating to retained EU law restrictions
11A statutory instrument containing regulations under section 12(9) may not...
Powers in connection with fees and charges
12(1) A statutory instrument containing regulations of a Minister of...
Power to make provision about judicial notice and admissibility
13A statutory instrument containing regulations under paragraph 4 of Schedule...
Power to amend the definition of “exit day”
14A statutory instrument containing regulations under section 20(4) is subject...
Power to make consequential provision
15(1) A statutory instrument containing regulations under section 23(1) is...
Power to make transitional, transitory or saving provision
16(1) Sub-paragraph (2) applies if a Minister of the Crown...
Parliamentary committee to sift ... consequential regulations of a Minister of the Crown
17(1) Sub-paragraph (2) applies if a Minister of the Crown...
...
18Paragraph 4 applies to regulations under Part 2 of Schedule...
Scrutiny procedure for certain powers to which this Part applies in urgent cases
19(1) Sub-paragraph (2) applies to— (a) a statutory instrument to...
Part 3General provision about powers under Act
Scope and nature of powers: general
20(1) Any power to make regulations under this Act—
21Any power to make regulations under this Act—
22The fact that a power to make regulations is conferred...
Scope of consequential and transitional powers
23(1) The fact that anything continues to be, or forms...
Anticipatory exercise of powers in relation to section 1B(2) saved law
23AAny power to make regulations under this Act which modify...
Anticipatory exercise of powers in relation to retained EU law
24Any power to make regulations under this Act which modify...
Anticipatory exercise of powers in relation to the withdrawal agreement etc.
24AAny power to make regulations under this Act in relation...
Scope of appointed day powers
25Any power of a Minister of the Crown under this...
Effect of certain provisions in Schedule 8 on scope of powers
26The modifications made by Part 1 of Schedule 8 and...
Disapplication of certain review provisions
27Section 28 of the Small Business, Enterprise and Employment Act...
Explanatory statements for certain powers: appropriateness, equalities etc.
28(1) This paragraph applies where— (a) a statutory instrument containing...
29(1) This paragraph applies where— (a) a Scottish statutory instrument...
Further explanatory statements in certain sub-delegation cases
30(1) This paragraph applies where— (a) a statutory instrument containing...
31(1) This paragraph applies where— (a) a Scottish statutory instrument...
Annual reports in certain sub-delegation cases
32(1) Each person by whom a relevant sub-delegated power is...
33(1) Each person by whom a relevant sub-delegated power is...
Further explanatory statements in urgency cases
34(1) This paragraph applies where a statutory instrument containing regulations...
35(1) This paragraph applies where regulations are to be made...
Hybrid instruments
36If an instrument, or a draft of an instrument, containing...
Procedure on re-exercise of certain powers
37(1) A power to make regulations which, under this Schedule,...
Combinations of instruments
38(1) Sub-paragraph (2) applies to a statutory instrument containing regulations...
SCHEDULE 8Consequential, transitional, transitory and saving provision
Part 1General consequential provision
Existing ambulatory references to assimilated direct legislation
1(1) Any reference so far as it, immediately before IP...
Existing ambulatory references to relevant separation agreement law
1A(1) Any reference which, immediately before IP completion day—
Other existing ambulatory references
2(1) Any reference so far as it—
Existing non-ambulatory references
2A(1) Any reference which, immediately before IP completion day—
Existing powers to make subordinate legislation etc.
3(1) Any power to make, confirm or approve subordinate legislation...
4(1) Any subordinate legislation which— (a) is, or is to...
5(1) This paragraph applies to any power to make, confirm...
6Any subordinate legislation which is, or is to be, made,...
7Any power to make, confirm or approve subordinate legislation which,...
8(1) Paragraphs 3 to 7 and this paragraph—
Review provisions in existing subordinate legislation
9(1) In carrying out a review of a provision of...
Future powers to make subordinate legislation
10(1) This paragraph applies to any power to make, confirm...
11(1) Sub-paragraph (2) applies to any power to make, confirm...
11A— (1) This paragraph applies to a power to make,...
11B— (1) This paragraph applies to a power to make,...
12(1) Paragraphs 11A and 11B and this paragraph—
...
13(1) A statutory instrument which— (a) is to be made...
...
14(1) This paragraph applies where, on or after IP completion...
Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA
15(1) This paragraph applies where, on or after IP completion...
16(1) This paragraph applies where, on or after IP completion...
Part 2Specific consequential provision
Finance Act 1973
17In section 56 of the Finance Act 1973 (charges for...
Interpretation Act 1978
18The Interpretation Act 1978 is amended as follows.
19In section 21(1) (meaning of “subordinate legislation”) after “any Act”...
20After section 23 (application to other instruments) insert— Retained direct...
21In section 24 (application to Northern Ireland), in subsection (4)—...
22In Schedule 1 (words and expressions defined)—
European Economic Area Act 1993
23The European Economic Area Act 1993 is amended as follows....
24Omit section 1 (EEA agreement to be an EU Treaty)....
25(1) Section 2 (consistent application of law to the whole...
26(1) Section 3 (general implementation of the EEA agreement) is...
27Omit section 4 (modification of section 3 of the European...
28In section 6 (interpretation), in subsection (1), in the definition...
Criminal Procedure (Scotland) Act 1995
29(1) Section 288ZA of the Criminal Procedure (Scotland) Act 1995...
Human Rights Act 1998
30(1) This paragraph has effect for the purposes of the...
Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
31The Interpretation and Legislative Reform (Scotland) Act 2010 is amended...
32(1) Section 1 (application of Part 1 of the Act)...
33In section 30 (other instruments laid before the Scottish Parliament),...
34In section 37 (interpretation of Part 2 of the Act)—...
35In Schedule 1 (definitions of words and expressions)—
Small Business, Enterprise and Employment Act 2015
36In section 30 of the Small Business, Enterprise and Employment...
Part 3General transitional, transitory or saving provision
Continuation of existing acts etc.
36A(1) Anything done— (a) in connection with anything which continues...
37(1) Anything done— (a) in connection with anything which continues...
Part 4Specific transitional, transitory and saving provision
Retention of saved EU law at end of implementation period
37AThe repeal of section 1A(1) to (4) by section 1A(5)...
38Section 4(2)(b) does not apply in relation to any rights,...
39(1) Subject as follows and subject to relevant separation agreement...
Main powers in connection with withdrawal
40The prohibition on making regulations under section 6(5A), 8, 8A...
Devolution
41(1) The amendments made by section 12 and Part 1...
42The amendments made by Part 1 of Schedule 3 do...
43A consent decision of the Scottish Parliament, the National Assembly...
Other provision
44(1) The definition of “relevant criminal offence” in section 20(1)...
45(1) The amendment made by paragraph 17 does not affect...
SCHEDULE 9Additional repeals

European Union (Withdrawal) Act 2018

2018 c. 16

I1An Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Commencement Information
I1

Act in force at 30.1.2020 so far as is necessary for the operation of the applied provisions by 2020 c. 2, s. 2(11)(b)