SCHEDULES
SCHEDULE 3Further amendments of devolution legislation and reporting requirement
Part 1Corresponding provision in relation to executive competence
Scotland Act 1998
I11
In section 57 of the Scotland Act 1998 (EU law and Convention rights)—
I7a
in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with EU law) omit “or with EU law”, and
F1...
F1I2I312
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Northern Ireland Act 1998
I33
In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—
I11a
omit subsection (1)(b) (no power for the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law), and
F2Part 2Reports in connection with retained EU law restrictions
F2Reports on progress towards removing retained EU law restrictions
F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Interpretation
F25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3Other amendments of devolution legislation
Scotland Act 1998
I616
The Scotland Act 1998 is amended as follows.
I147
In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.
I158
In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—
a
omit “or the European Parliamentary Elections Act 2002”, and
b
omit “, European Parliamentary elections”.
I169
1
Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.
2
In subsection (2)—
a
after paragraph (a) insert “
and
”
, and
b
omit paragraph (c) and the “and” before it.
3
In subsection (3), omit paragraph (b) and the “and” before it.
4
In subsection (5)(a)—
a
omit “or the European Parliamentary Elections Act 2002”, and
b
omit “, European Parliamentary elections”.
I1710
In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I1811
Omit section 34 (ECJ references).
I1912
1
Section 36 (stages of Bills) is amended as follows.
2
In subsection (4), omit paragraph (b) but not the “or” at the end of it.
3
In subsection (5)(a), omit “, (b)”.
I2013
1
Section 57 (EU law and Convention rights) is amended as follows.
2
In the heading—
a
omit “EU law and”, and
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Omit subsection (1).
I2114
1
Section 80D (Scottish taxpayers) is amended as follows.
2
In subsection (4)—
a
insert “
or
”
at the end of paragraph (a), and
b
omit paragraph (b) and the “or” at the end of it.
3
In subsection (4B), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I2215
In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I2316
1
Section 82 (limits on salaries of members of the Parliament) is amended as follows.
2
In subsection (1)—
a
insert “
or
”
at the end of paragraph (za), and
b
omit paragraph (b) and the “or” before it.
3
In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “
(1)(za) or (a)
”
.
I2417
1
Section 106 (power to adapt functions) is amended as follows.
2
In subsection (5), for “an obligation under EU law” substitute “
a retained EU obligation
”
.
3
Omit subsection (7).
I2518
In section 119 (Consolidated Fund etc.), omit subsection (4).
I2619
1
Section 126 (interpretation) is amended as follows.
2
Omit subsection (9).
3
In subsection (10), omit “EU law or”.
I2720
In section 127 (index of defined expressions), omit the entry for EU law.
I421
I91
Schedule 4 (enactments etc. protected from modification) is amended as follows.
2
In paragraph 1(2)—
I9a
omit paragraph (c), and
b
after paragraph (f) insert
,
g
the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act)
I93
Omit paragraph 13(1)(a).
I2822
In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” substitute— “
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.
”
I2923
1
Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.
F62
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3
In paragraph (e), omit “or with EU law”.
4
In the second sentence for the words from “the compatibility” to the end substitute “
a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995)
”
.
F724
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F825
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3026
In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.
Government of Wales Act 2006
I6227
The Government of Wales Act 2006 is amended as follows.
I3228
In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.
I3329
In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—
a
omit paragraph (c) but not the “and” at the end of it, and
b
in paragraph (d) omit “, European Parliamentary elections”.
I3430
1
Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.
2
In subsection (2)—
a
insert “
and
”
at the end of paragraph (a), and
b
omit paragraph (c) and the “and” before it.
3
In subsection (3), omit paragraph (b) and the “and” before it.
I3531
In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.
I3632
1
Section 21 (limit on salaries of Assembly members) is amended as follows.
2
In subsection (1)—
a
insert “
or
”
at the end of paragraph (za), and
b
omit paragraph (b) and the “or” before it.
3
In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “
(1)(za) or (a)
”
.
I3733
In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “
retained EU obligations
”
.
I3834
Omit section 58B (implementation of EU law: general).
I3935
1
Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.
2
For the heading substitute “
Fees and charges in relation to international law
”
.
3
Omit subsections (1) to (4).
4
In subsection (5), for “in pursuance of an EU obligation etc” substitute “
in pursuance of an international obligation
”
.
I4036
In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “
Retained
”
.
I4137
1
Section 80 (EU law) is amended as follows.
2
In the heading, before “EU” insert “
Retained
”
.
3
In subsection (1), for “An EU obligation” substitute “
A retained EU obligation
”
.
4
In subsection (2), for “an EU obligation” substitute “
a retained EU obligation
”
.
5
In subsection (3)—
a
for “an EU obligation” substitute “
a retained EU obligation
”
, and
b
for “the EU obligation” substitute “
the retained EU obligation
”
.
6
In subsection (7)—
a
for “an EU obligation” substitute “
a retained EU obligation
”
, and
b
for “the EU obligation” substitute “
the retained EU obligation
”
.
F97
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I4238
In section 111 (proceedings on Bills)—
a
in subsection (6), omit paragraph (b) but not the “or” at the end of it, and
b
in subsection (7)(a), omit “, (b)”.
I4339
Omit section 113 (ECJ references).
I4440
In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I4541
1
Section 116E (Welsh taxpayers) is amended as follows.
2
In subsection (4)—
a
insert “
or
”
at the end of paragraph (a), and
b
omit paragraph (b) and the “or” at the end of it.
3
In subsection (6), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I4642
In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
F1043
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I4744
In section 158(1) (interpretation)—
a
omit the definition of “EU law”, and
b
in the definition of “international obligations” omit “EU law or”.
I4845
In section 159 (index of defined expressions), omit the entry for EU law.
I4946
In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).
I5047
In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—
77
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.
I548
In paragraph 5(1) of Schedule 7B (protected enactments), in the table—
I10a
omit the entry for the European Communities Act 1972, and
b
after the entry for the Energy Act 2008 insert—
The European Union (Withdrawal) Act 2018
The whole Act.
I5149
In Schedule 11 (transitional provisions), omit paragraph 35A and the heading before it (instrument containing provisions under transferred power and provision under power in section 2(2) of the European Communities Act 1972: Assembly procedure).
Northern Ireland Act 1998
I6350
The Northern Ireland Act 1998 is amended as follows.
I651
I131
Section 7 (entrenched enactments) is amended as follows.
2
In subsection (1)—
I13a
for “subsection (2)” substitute “
subsection (2A)
”
,
I13b
omit paragraph (a),
c
omit “and” at the end of paragraph (c), and
d
after paragraph (d) insert
; and
e
the European Union (Withdrawal) Act 2018
I133
Omit subsection (2).
4
Before subsection (3) insert—
2A
Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—
a
paragraph 1(11) or (12) or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,
b
paragraph 21 of Schedule 8 to that Act, or
c
any regulations made under that Act.
I5252
Omit section 12 (reconsideration where reference made to ECJ).
I5353
In section 13 (stages of Bills), omit subsection (5)(b).
I5454
In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I5555
In the heading of section 24 (EU law, Convention rights etc.)—
a
omit “EU law,”, and
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5656
1
Section 27 (quotas for purposes of international etc. obligations) is amended as follows.
2
In subsection (1)(a), for “an obligation under EU law” substitute “
a retained EU obligation
”
.
3
In subsection (2), for “obligation under EU law” substitute “
retained EU obligation
”
.
4
In subsection (4), omit “or an obligation under EU law”.
5
After that subsection insert—
4A
Where an order under subsection (1) is in force in relation to a retained EU obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.
F1257
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F1358
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I5759
In section 98(1) (interpretation)—
a
omit the definition of “EU law”, and
b
in the definition of “international obligations” omit “EU law or”.
I5860
1
Schedule 2 (excepted matters) is amended as follows.
2
In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “
and obligations under the Human Rights Convention
”
.
3
In paragraph 12(1), omit “, the European Parliament”.
I5961
In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law, other than
”
.
I6062
In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.
Sch. 3 para. 2 and cross-heading 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(4)(a)