SCHEDULES
SCHEDULE 8Consequential, transitional, transitory and saving provision
Part 1General consequential provision
Future powers to make subordinate legislation
F810
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F911
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F411A
—
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
3
But sub-paragraph (2) enables a power in F11assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F12assimilated direct principal legislation F14... only if—
a
the modification is—
ii
supplementary, incidental or consequential in connection with any modification of any F11assimilated direct minor legislation, or
b
the power is a power to make, confirm or approve transitional, transitory or saving provision.
F411B
—
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
3
But sub-paragraph (2) enables a power in F16assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F17assimilated direct principal legislation F19... only if—
a
the modification is—
ii
supplementary, incidental or consequential in connection with any modification of any F16assimilated direct minor 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.
I2C1I112
1
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
a
a power is conferred whether or not it is in force,
b
a power in F20assimilated 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.
F54
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 F21....
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).