SCHEDULES
SCHEDULE 8Consequential, transitional, transitory and saving provision
Part 4Specific transitional, transitory and saving provision
Devolution
I141
I31
The amendments made by section 12 and Part 1 of Schedule 3 do not affect the validity of—
a
any provision of an Act of the Scottish Parliament, Act of the National Assembly for Wales or Act of the Northern Ireland Assembly made before F3IP completion day,
b
any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before F3IP completion day, or
c
any other subordinate legislation made before F3IP completion day.
I32
Accordingly and subject to sub-paragraphs (3) to (10), the validity of anything falling within sub-paragraph (1)(a), (b) or (c) is to be decided by reference to the law before F3IP completion day.
I23
Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Scottish Parliament made before F3IP completion day if the provision—
a
comes into force on or after F3IP completion day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and
b
is made when there are no regulations under section 30A of the Scotland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before F3IP completion day, on or after F3IP completion day) if the provision were made and the regulations were in force at that time.
I24
Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to any provision of an Act of the National Assembly for Wales made before F3IP completion day if the provision—
a
comes into force on or after F3IP completion day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and
b
is made when there are no regulations under section 109A of the Government of Wales Act 2006 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before F3IP completion day, on or after F3IP completion day) if the provision were made and the regulations were in force at that time.
I25
Section 6(2)(d) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Northern Ireland Assembly made before F3IP completion day if the provision—
a
comes into force on or after F3IP completion day or comes into force before that day and is a power to make, confirm or approve subordinate legislation, and
b
is made when there are no regulations under section 6A of the Northern Ireland Act 1998 by virtue of which the provision would be in breach of the restriction in subsection (1) of that section when the provision comes into force (or, in the case of a provision which comes into force before F3IP completion day, on or after F3IP completion day) if the provision were made and the regulations were in force at that time.
I26
Section 57(2) of the Scotland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before F3IP completion day of any subordinate legislation if the legislation—
a
comes into force on or after F3IP completion day, and
b
is made, confirmed or approved when there are no regulations under subsection (4) of section 57 of the Scotland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—
i
the making, confirming or approving had occurred at that time,
ii
in the case of legislation confirmed or approved, the legislation was made at that time, and
iii
the regulations were in force at that time.
I27
Section 80(8) of the Government of Wales Act 2006, so far as relating to EU law, does not apply to the making, confirming or approving before F3IP completion day of any subordinate legislation if the legislation—
a
comes into force on or after F3IP completion day, and
b
is made, confirmed or approved when there are no regulations under subsection (8) of section 80 of the Government of Wales Act 2006 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection, so far as relating to retained EU law, when the legislation comes into force if—
i
the making, confirming or approving had occurred at that time,
ii
in the case of legislation confirmed or approved, the legislation was made at that time, and
iii
the regulations were in force at that time.
I28
Section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law, does not apply to the making, confirming or approving before F3IP completion day of any subordinate legislation if the legislation—
a
comes into force on or after F3IP completion day, and
b
is made, confirmed or approved when there are no regulations under subsection (3) of section 24 of the Northern Ireland Act 1998 by virtue of which the making, confirming or approving would be in breach of the restriction in that subsection when the legislation comes into force if—
i
the making, confirming or approving had occurred at that time,
ii
in the case of legislation confirmed or approved, the legislation was made at that time, and
iii
the regulations were in force at that time.
I29
For the purposes of sub-paragraphs (3) to (8) assume that the restrictions relating to retained EU law in—
a
sections 30A(1) and 57(4) of the Scotland Act 1998,
b
sections 80(8) and 109A(1) of the Government of Wales Act 2006, and
c
sections 6A(1) and 24(3) of the Northern Ireland Act 1998,
come into force on F3IP completion day.
10
a
the making of regulations before exit day under Part 1A of Schedule 2, or
b
the making of regulations under—
i
Part 1B or 1C of Schedule 2, or
ii
Schedule 4.
I442
The amendments made by Part 1 of Schedule 3 do not affect the validity of any act (other than the making, confirming or approving of subordinate legislation) done before F2IP completion day by a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department.
F143
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