European Union (Withdrawal) Act 2018

Part 3 U.K. Other amendments of devolution legislation

Scotland Act 1998 U.K.

Valid from 31/12/2020

6 U.K. The Scotland Act 1998 is amended as follows.

Valid from 31/12/2020

7 U.K. In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

Valid from 31/12/2020

8 U.K. 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”.

Valid from 31/12/2020

9 (1) Section 12A (power of the Secretary of State to make provision about elections) is amended as follows. U.K.

(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”.

Valid from 31/12/2020

10 U.K. In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Valid from 31/12/2020

11 U.K. Omit section 34 (ECJ references).

Valid from 31/12/2020

12 (1) Section 36 (stages of Bills) is amended as follows. U.K.

(2) In subsection (4), omit paragraph (b) but not the “or” at the end of it.

(3) In subsection (5)(a), omit “, (b)”.

Valid from 31/12/2020

13 (1) Section 57 (EU law and Convention rights) is amended as follows. U.K.

(2) In the heading—

(a) omit “EU law and”, and

(b) after “rights” insert “ and retained EU law ”.

(3) Omit subsection (1).

Valid from 31/12/2020

14 (1) Section 80D (Scottish taxpayers) is amended as follows. U.K.

(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) ”.

Valid from 31/12/2020

15 U.K. In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

Valid from 31/12/2020

16 (1) Section 82 (limits on salaries of members of the Parliament) is amended as follows. U.K.

(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) ”.

Valid from 31/12/2020

17 (1) Section 106 (power to adapt functions) is amended as follows. U.K.

(2) In subsection (5), for “an obligation under EU law” substitute “ a retained EU obligation ”.

(3) Omit subsection (7).

Valid from 31/12/2020

18 U.K. In section 119 (Consolidated Fund etc.), omit subsection (4).

Valid from 31/12/2020

19 (1) Section 126 (interpretation) is amended as follows. U.K.

(2) Omit subsection (9).

(3) In subsection (10), omit “EU law or”.

Valid from 31/12/2020

20 U.K. In section 127 (index of defined expressions), omit the entry for EU law.

21 (1) Schedule 4 (enactments etc. protected from modification) is amended as follows. U.K.

(2) In paragraph 1(2)—

(a) 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)”.

(3) Omit paragraph 13(1)(a).

Commencement Information

I1 Sch. 3 para. 21(2)(b) in force at Royal Assent, see s. 25(1)(b)

Valid from 31/12/2020

22 U.K. 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. ”

Valid from 31/12/2020

23 (1) Paragraph 1 of Schedule 6 (devolution issues) is amended as follows. U.K.

(2) In the first paragraph (d) for “with EU law” substitute “ in breach of the restriction in section 57(4) ”.

(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) ”.

24 (1) The table in paragraph 1(2) of Schedule 7 (procedure for subordinate legislation) is amended as follows. U.K.

(2) After the entry for section 30 insert—

“Section 30A

Type C”.

(3) After the entry for section 56(2) insert—

“Section 57(4)

Type C”.

Commencement Information

I2 Sch. 3 para. 24(2)(3) in force for specified purposes at Royal Assent, see s. 25(3)(d)(e)

25 U.K. After paragraph 5 of Schedule 7 (procedure for subordinate legislation: special cases) insert—

“6 (1) This paragraph applies where a draft of an instrument containing regulations under section 30A or 57(4) is to be laid before each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—

(a) must make a statement explaining the effect of the instrument, and

(b) in any case where the Parliament has not made a decision to agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Scottish Ministers giving the opinion of the Scottish Ministers as to why the Parliament has not made that decision.

(3) A statement of a Minister of the Crown under sub-paragraph (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(4) For the purposes of this paragraph, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.

(5) This paragraph does not apply to a draft of an instrument which only contains regulations under section 30A or 57(4) which only relate to a revocation of a specification.”

Commencement Information

I3 Sch. 3 para. 25 in force for specified purposes at Royal Assent, see s. 25(3)(f)

Valid from 31/12/2020

26 U.K. In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.

Government of Wales Act 2006 U.K.

Valid from 31/12/2020

27 U.K. The Government of Wales Act 2006 is amended as follows.

Valid from 31/12/2020

28 U.K. In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.

Valid from 31/12/2020

29 U.K. 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”.

Valid from 31/12/2020

30 (1) Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows. U.K.

(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.

Valid from 31/12/2020

31 U.K. In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.

Valid from 31/12/2020

32 (1) Section 21 (limit on salaries of Assembly members) is amended as follows. U.K.

(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) ”.

Valid from 31/12/2020

33 U.K. In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “ retained EU obligations ”.

Valid from 31/12/2020

34 U.K. Omit section 58B (implementation of EU law: general).

Valid from 31/12/2020

35 (1) Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows. U.K.

(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 ”.

Valid from 31/12/2020

36 U.K. In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “ Retained ”.

Valid from 31/12/2020

37 (1) Section 80 (EU law) is amended as follows. U.K.

(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 ”.

(7) In subsection (9), leave out “and (8)” and insert “ , (8) and (8L) ”.

Valid from 31/12/2020

38 U.K. 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)”.

Valid from 31/12/2020

39 U.K. Omit section 113 (ECJ references).

Valid from 31/12/2020

40 U.K. In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

Valid from 31/12/2020

41 (1) Section 116E (Welsh taxpayers) is amended as follows. U.K.

(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) ”.

Valid from 31/12/2020

42 U.K. In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

43 U.K. After section 157 (orders, regulations and directions) insert—

“157ZA Explanatory statements in relation to certain regulations

(1) This section applies where a draft of a statutory instrument containing regulations under section 80(8) or 109A is to be laid before each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—

(a) must make a statement explaining the effect of the instrument, and

(b) in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by the Welsh Ministers giving the opinion of the Welsh Ministers as to why the Assembly has not made that decision.

(3) A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(4) For the purposes of this section, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.

(5) This section does not apply to a draft of an instrument which only contains regulations under section 80(8) or 109A which only relate to a revocation of a specification.”

Commencement Information

I4 Sch. 3 para. 43 in force for specified purposes at Royal Assent, see. s. 25(3)(g)

Valid from 31/12/2020

44 U.K. In section 158(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

Valid from 31/12/2020

45 U.K. In section 159 (index of defined expressions), omit the entry for EU law.

Valid from 31/12/2020

46 U.K. In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).

Valid from 31/12/2020

47 U.K. 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.”

48 U.K. In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

(a) 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.”

Commencement Information

I5 Sch. 3 para. 48(b) in force at Royal Assent, see s. 25(1)(b)

Valid from 31/12/2020

49 U.K. 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 U.K.

Valid from 31/12/2020

50 U.K. The Northern Ireland Act 1998 is amended as follows.

51 (1) Section 7 (entrenched enactments) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “subsection (2)” substitute “ subsection (2A) ”,

(b) 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”.

(3) 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.”

Commencement Information

I6 Sch. 3 para. 51(2)(c)(d)(4) in force at Royal Assent, see s. 25(1)(b)

Valid from 31/12/2020

52 U.K. Omit section 12 (reconsideration where reference made to ECJ).

Valid from 31/12/2020

53 U.K. In section 13 (stages of Bills), omit subsection (5)(b).

Valid from 31/12/2020

54 U.K. 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.

Valid from 31/12/2020

55 U.K. In the heading of section 24 (EU law, Convention rights etc.)—

(a) omit “EU law,”, and

(b) after “rights” insert “ , retained EU law ”.

Valid from 31/12/2020

56 (1) Section 27 (quotas for purposes of international etc. obligations) is amended as follows. U.K.

(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.”

57 U.K. After section 96(4) (orders and regulations) insert—

“(4A) Regulations under section 6A or 24(3)—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”

Commencement Information

I7 Sch. 3 para. 57 in force for specified purposes at Royal Assent, see. s. 25(3)(h)

58 U.K. After section 96 (orders and regulations) insert—

“96A Explanatory statements in relation to certain regulations

(1) This section applies where a draft of a statutory instrument containing regulations under section 6A or 24(3) is to be laid before each House of Parliament.

(2) Before the draft is laid, the Minister of the Crown who is to make the instrument—

(a) must make a statement explaining the effect of the instrument, and

(b) in any case where the Assembly has not made a decision to agree a motion consenting to the laying of the draft—

(i) must make a statement explaining why the Minister has decided to lay the draft despite this, and

(ii) must lay before each House of Parliament any statement provided for the purpose of this sub-paragraph to a Minister of the Crown by a relevant Minister giving the opinion of the relevant Minister as to why the Assembly has not made that decision.

(3) A statement of a Minister of the Crown under subsection (2) must be made in writing and be published in such manner as the Minister making it considers appropriate.

(4) For the purposes of this section, where a draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.

(5) In this section “relevant Minister” means the First Minister and the deputy First Minister acting jointly or a Northern Ireland Minister.

(6) This section does not apply to a draft of an instrument which only contains regulations under section 6A or 24(3) which only relate to a revocation of a specification.”

Commencement Information

I8 Sch. 3 para. 58 in force for specified purposes at Royal Assent, see s. 25(3)(h)

Valid from 31/12/2020

59 U.K. In section 98(1) (interpretation)—

(a) omit the definition of “EU law”, and

(b) in the definition of “international obligations” omit “EU law or”.

Valid from 31/12/2020

60 (1) Schedule 2 (excepted matters) is amended as follows. U.K.

(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”.

Valid from 31/12/2020

61 U.K. 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 ”.

Valid from 31/12/2020

62 U.K. In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.