European Union (Withdrawal) Act 2018

Future powers to make subordinate legislationU.K.

F110U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F211U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F311AU.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.]

Textual Amendments

[F311BU.K.—

(1)This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred on or after 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 applicable and unless the contrary intention appears, 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.

(4)For the purposes of sub-paragraph (2), there is no contrary intention merely because a power is expressed as being capable of being exercised—

(a)to modify all enactments or a particular category of enactments, or

(b)to make a particular category of modifications to all enactments or to a particular category of enactments.]

Textual Amendments

12(1)Paragraphs [F411A and 11B] and this paragraph—U.K.

(a)do not prevent the conferral of wider powers,

F5(b)... 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 retained direct EU 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 [F7this Act and before IP completion day], is capable of being exercised to modify any retained EU law is capable of being so exercised before [F8IP completion day] so as to come into force on or after [F8IP completion day].

[F9(4)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 or anything which is retained EU law by virtue of section 4.

(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).]

Textual Amendments

F7Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(i) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

F8Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(ii) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

Modifications etc. (not altering text)

C1Sch. 8 paras. 10-12 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement Information

I1Sch. 8 para. 12 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I2Sch. 8 para. 12 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)