European Union (Withdrawal) Act 2018

This section has no associated Explanatory Notes

[F111AU.K.

(1)This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred—

(a)on or after the day on which this Act is passed, and

(b)before the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.

(2)The power is to be read, so far as the context permits or requires, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct EU legislation or anything which is retained EU law by virtue of section 4.

(3)But sub-paragraph (2) enables a power in retained direct minor EU legislation to be exercised to modify (or result in the modification of) any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4 only if—

(a)the modification is—

(i)consistent with any retained direct principal EU legislation or anything which is retained EU law by virtue of section 4, and

(ii)supplementary, incidental or consequential in connection with any modification of any retained direct minor EU legislation, or

(b)the power is a power to make, confirm or approve transitional, transitory or saving provision.]