SCHEDULES
SCHEDULE 3Further amendments of devolution legislation and reporting requirement
Part 3Other amendments of devolution legislation
Scotland Act 1998
I46
The Scotland Act 1998 is amended as follows.
I267
In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.
I448
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”.
I119
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”.
I710
In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I3611
Omit section 34 (ECJ references).
I3712
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)”.
I2213
1
Section 57 (EU law and Convention rights) is amended as follows.
2
In the heading—
a
omit “EU law and”, and
F4b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Omit subsection (1).
I3114
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)
”
.
I5115
In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I2516
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)
”
.
I3317
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).
I5218
In section 119 (Consolidated Fund etc.), omit subsection (4).
I519
1
Section 126 (interpretation) is amended as follows.
2
Omit subsection (9).
3
In subsection (10), omit “EU law or”.
I1520
In section 127 (index of defined expressions), omit the entry for EU law.
I121
I291
Schedule 4 (enactments etc. protected from modification) is amended as follows.
2
In paragraph 1(2)—
I29a
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)
I293
Omit paragraph 13(1)(a).
I4222
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.
”
I4623
1
Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.
F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
”
.
F524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F925
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4726
In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.
Government of Wales Act 2006
I5427
The Government of Wales Act 2006 is amended as follows.
I1828
In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.
I2729
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”.
I3530
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.
I931
In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.
I3932
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)
”
.
I4333
In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “
retained EU obligations
”
.
I1734
Omit section 58B (implementation of EU law: general).
I4835
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
”
.
I2336
In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “
Retained
”
.
I4037
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
”
.
F27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3438
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)”.
I4539
Omit section 113 (ECJ references).
I2140
In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I1641
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)
”
.
I3242
In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
F843
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5044
In section 158(1) (interpretation)—
a
omit the definition of “EU law”, and
b
in the definition of “international obligations” omit “EU law or”.
I5545
In section 159 (index of defined expressions), omit the entry for EU law.
I2446
In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).
I2047
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.
I248
In paragraph 5(1) of Schedule 7B (protected enactments), in the table—
I28a
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.
I1949
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
I1450
The Northern Ireland Act 1998 is amended as follows.
I351
I301
Section 7 (entrenched enactments) is amended as follows.
2
In subsection (1)—
I30a
for “subsection (2)” substitute “
subsection (2A)
”
,
I30b
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
I303
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.
I4952
Omit section 12 (reconsideration where reference made to ECJ).
I653
In section 13 (stages of Bills), omit subsection (5)(b).
I4154
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.
I1055
In the heading of section 24 (EU law, Convention rights etc.)—
a
omit “EU law,”, and
F3b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3856
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.
F657
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F758
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I859
In section 98(1) (interpretation)—
a
omit the definition of “EU law”, and
b
in the definition of “international obligations” omit “EU law or”.
I1360
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”.
I5361
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
”
.
I1262
In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.