European Union (Withdrawal) Act 2018

Existing powers to make subordinate legislation etc.

This section has no associated Explanatory Notes

3(1)Any power to make, confirm or approve subordinate legislation which—

(a)was conferred before the day on which this Act is passed, and

(b)is capable of being exercised to amend or repeal (or, as the case may be, result in the amendment or repeal of) an enactment contained in primary legislation,

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.

(2)But sub-paragraph (1) does not apply if the power to make, confirm or approve subordinate legislation is only capable of being exercised to amend or repeal (or, as the case may be, result in the amendment or repeal of) an enactment contained in Northern Ireland legislation which is an Order in Council.