In this Act—

• F32“assimilated direct legislation” means any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after IP completion day);

• F32“assimilated direct minor legislation” means any assimilated direct legislation which is not assimilated direct principal legislation;

• F32“assimilated direct principal legislation” means—

  1. a

     any EU regulation so far as it—

     1. i

        forms part of domestic law on and after IP completion day by virtue of section 3, and

     2. ii

        was not EU tertiary legislation immediately before IP completion day, or

  2. b

     any Annex to the EEA agreement so far as it—

     1. i

        forms part of domestic law on and after IP completion day by virtue of section 3, and

     2. ii

        refers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a),

  (as modified by or under this Act or by other domestic law from time to time);

• “Charter of Fundamental Rights” means the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007;

• F21“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);

• “devolved authority” means—

  1. a

     the Scottish Ministers,

  2. b

     the Welsh Ministers, or

  3. c

     a Northern Ireland department;

• “domestic law” means—

  1. a

     in F18sections 3, 7A and 7B, the law of England and Wales, Scotland and Northern Ireland, and

  2. b

     in any other case, the law of England and Wales, Scotland or Northern Ireland;

• “the EEA” means the European Economic Area;

• “enactment” means an enactment whenever passed or made and includes—

  1. a

     an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act,

  2. b

     an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,

  3. c

     an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

  4. d

     an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

  5. e

     an enactment contained in, or in an instrument made under, Northern Ireland legislation,

  6. f

     an enactment contained in any instrument made by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty,

  7. g

     an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, and

  8. h

     except in sections F151B and 7 or where there is otherwise a contrary intention, any F33assimilated direct legislation;

• “EU decision” means—

  1. a

     a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or

  2. b

     a decision under former Article 34(2)(c) of the Treaty on European Union;

• “EU directive” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

• “EU entity” means an EU institution or any office, body or agency of the EU;

• “EU reference” means—

  1. a

     any reference to the EU, an EU entity or a member State,

  2. b

     any reference to an EU directive or any other EU law, or

  3. c

     any other reference which relates to the EU;

• “EU regulation” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

• “EU tertiary legislation” means—

  1. a

     any provision made under—

     1. i

        an EU regulation,

     2. ii

        a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or

     3. iii

        an EU directive,

     by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union or former Article 202 of the Treaty establishing the European Community, or

  2. b

     any measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c),

  but does not include any such provision or measure which is an EU directive;

• “exempt EU instrument” means anything which is an exempt EU instrument by virtue of Schedule 6;

• “exit day” F27means F2831 January 2020 at 11.00 p.m. (and see subsections (2) to (5));

• F2“future relationship agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act);

• F7“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);

• “member State” (except in the definitions of “direct EU legislation” and “EU reference”) does not include the United Kingdom;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

• “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

• “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

• “primary legislation” means—

  1. a

     an Act of Parliament,

  2. b

     an Act of the Scottish Parliament,

  3. c

     a Measure or Act of the National Assembly for Wales, or

  4. d

     Northern Ireland legislation;

• “public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998;

• F23“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);

• “relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);

• F34...

• “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made;

• “subordinate legislation” means—

  1. a

     any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or

  2. b

     any instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales,

  and (except in section 7 or Schedule 2 or where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after F8IP completion day under any F35assimilated direct legislation;

• “tribunal” means any tribunal in which legal proceedings may be brought;

• “Wales” and “Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158 of that Act);

• F13...

In this F30Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on F2931 January 2020 or (as the case may be) to beginning with 11.00 p.m. on that day.

Subsection (4) applies if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of “exit day” in subsection (1).

In subsections (3) and (4) “the Treaties” means the Treaty on European Union and the Treaty on the Functioning of the European Union.

In this Act references to anything which continues to be domestic law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be domestic law on or after F16IP completion day (whether or not it would have done so irrespective of that section).

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

References in this Act (however expressed) to a public authority in the United Kingdom include references to a public authority in any part of the United Kingdom.

References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.

In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

See paragraph 22 of Schedule 8 for amendments made by this Act to Schedule 1 to the Interpretation Act 1978.

A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

In subsection (2) “enactment” does not include primary legislation passed or made after F6IP completion day.

No regulations may be made under subsection (1) after the end of the period of 10 years beginning with F12IP completion day.

Parts 1 and 2 of Schedule 8 (which contain consequential provision) have effect.

A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day F26or IP completion day).

Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.

The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.

Subject to subsections (2) and (3), this Act extends to England and Wales, Scotland and Northern Ireland.

Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

The provisions of this Act, so far as they are not brought into force by subsections (1) to (3), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

This Act may be cited as the European Union (Withdrawal) Act 2018.