SCHEDULES

SCHEDULE 8Consequential, transitional, transitory and saving provision

Part 1General consequential provision

Future powers to make subordinate legislation

I2C1I112

1

Paragraphs F511A and 11B and this paragraph—

a

do not prevent the conferral of wider powers,

F2b

... and

c

are subject to any other provision made by or under this Act or any other enactment.

2

For the purposes of paragraphs F611A and 11B—

a

a power is conferred whether or not it is in force,

b

a power in F7assimilated direct legislation is conferred on or after the day on which this Act is passed, and

c

the references to powers conferred include powers conferred by regulations under this Act (but not powers conferred by this Act).

3

A power which, by virtue of paragraph 10 or 11 or any Act of Parliament passed after F1this Act and before IP completion day, is capable of being exercised to modify any retained EU law is capable of being so exercised before F3IP completion day so as to come into force on or after F3IP completion day.

F44

Sub-paragraph (5) applies in relation to a power if—

a

paragraph 11A applies in relation to the power, and

b

immediately before the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023, and by virtue of a combination of provision in the power and paragraph 10 or 11 as it then had effect, the power was capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct EU legislation F8....

5

The continued existence of the provision in the power does not prevent the context from permitting or requiring the power to be read in accordance with paragraph 11A so far as the reading provided for by that paragraph is not provided for by the provision concerned (and, accordingly, the power continues to be capable of being exercised as mentioned in sub-paragraph (4) on and after the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023).