SCHEDULES
F121SCHEDULE 1Further provision about exceptions to savings and incorporation
Challenges to validity of F182assimilated law
Word in Sch. 1 substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(11) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
I81
I23C41
2
Sub-paragraph (1) does not apply so far as—
I26b
the challenge is of a kind described, or provided for, in regulations made by a Minister of the Crown.
3
Regulations under sub-paragraph (2)(b) may (among other things) provide for a challenge which would otherwise have been against an EU institution to be against a public authority in the United Kingdom.
F183...
Sch. 1 para. 2 cross-heading omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 4(6), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(b)
F1862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1873
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rule in Francovich
I764
There is no right in domestic law on or after F121IP completion day to damages in accordance with the rule in Francovich.
Interpretation
I435
1
References in section 5 and this Schedule to the principle of the supremacy of EU law, the Charter of Fundamental Rights, any general principle of EU law or the rule in Francovich are to be read as references to that principle, Charter or rule so far as it would otherwise continue to be, or form part of, domestic law on or after F121IP completion dayF70by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act.
F1882
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Corresponding powers involving devolved authorities
Part 1Dealing with deficiencies arising from withdrawal
Power to deal with deficiencies
1
1
A devolved authority may by regulations make such provision as the devolved authority considers appropriate to prevent, remedy or mitigate—
a
any failure of retained EU law to operate effectively, or
b
any other deficiency in retained EU law,
arising from the withdrawal of the United Kingdom from the EU.
2
A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate to prevent, remedy or mitigate—
a
any failure of retained EU law to operate effectively, or
b
any other deficiency in retained EU law,
arising from the withdrawal of the United Kingdom from the EU.
3
Section 8(2) to (9) apply for the purposes of this Part as they apply for the purposes of section 8 (including the references to the Minister in section 8(2) and (3) (but not the reference to a Minister of the Crown in section 8(3)(b)) being read as references to the devolved authority or (as the case may be) the Minister acting jointly with the devolved authority and the references to section 8(1) being read as references to sub-paragraph (1) or (2) above).
4
Regulations under sub-paragraph (1) above are subject to paragraphs 2 to 7.
No power to make provision outside devolved competence
2
1
No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.
2
See paragraphs 8 to 11 for the meaning of “devolved competence” for the purposes of this Part.
F77...
F773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Requirement for consultation in certain circumstances
4
No regulations may be made under this Part by a devolved authority acting alone so far as the regulations—
a
are to come into force before F87IP completion day, or
b
remove (whether wholly or partly) reciprocal arrangements of the kind mentioned in section 8(2)(c) or (e),
unless the regulations are, to that extent, made after consulting with the Secretary of State.
Requirement for consent where it would otherwise be required
5
1
The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers acting alone in regulations under this Part so far as that provision, if contained in an Act of the National Assembly for Wales, would require the consent of a Minister of the Crown.
2
The consent of the Secretary of State is required before any provision is made by a Northern Ireland department acting alone in regulations under this Part so far as that provision, if contained in an Act of the Northern Ireland Assembly, would require the consent of the Secretary of State.
3
Sub-paragraph (1) or (2) does not apply if—
a
the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and
b
no such consent would be required in that case.
4
The consent of a Minister of the Crown is required before any provision is made by a devolved authority acting alone in regulations under this Part so far as that provision, if contained in—
a
subordinate legislation made otherwise than under this Act by the devolved authority, or
b
subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone,
would require the consent of a Minister of the Crown.
5
Sub-paragraph (4) does not apply if—
a
the provision could be contained in—
i
an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, or
ii
different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) other person acting alone, and
b
no such consent would be required in that case.
Requirement for joint exercise where it would otherwise be required
6
1
No regulations may be made under this Part by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—
a
the Scottish Ministers acting jointly with a Minister of the Crown, or
b
the First Minister or Lord Advocate acting jointly with a Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of the Crown.
2
No regulations may be made under this Part by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.
3
No regulations may be made under this Part by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by—
a
a Northern Ireland department acting jointly with a Minister of the Crown, or
b
another Northern Ireland devolved authority acting jointly with a Minister of the Crown,
unless the regulations are, to that extent, made jointly with the Minister of the Crown.
4
Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
a
an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or
b
different subordinate legislation made otherwise than under this Act by—
i
the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
ii
the Welsh Ministers acting alone, or
iii
(as the case may be), a Northern Ireland devolved authority acting alone.
Requirement for consultation where it would otherwise be required
7
1
No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of the National Assembly for Wales, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
2
No regulations may be made under this Part by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
3
No regulations may be made under this Part by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
4
No regulations may be made under this Part by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
5
Sub-paragraph (2), (3) or (4) does not apply if—
a
the provision could be contained in an Act of the Scottish Parliament, an Act of the National Assembly for Wales or (as the case may be) an Act of the Northern Ireland Assembly, and
b
there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.
6
Sub-paragraph (2), (3) or (4) does not apply if—
a
the provision could be contained in different subordinate legislation made otherwise than under this Act by—
i
the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
ii
the Welsh Ministers acting alone, or
iii
(as the case may be), a Northern Ireland devolved authority acting alone, and
b
there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.
Meaning of devolved competence: Part 1
8
1
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F58..., or
b
it meets the conditions in sub-paragraph (2).
2
The conditions are—
a
the provision—
i
amends or revokes subordinate legislation made before F11IP completion day by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, or
ii
makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
b
the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
c
the provision only forms part of the law of Scotland,
d
the provision does not confer or remove functions exercisable otherwise than in or as regards Scotland, and
e
the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 1, 4 or 5 of Schedule 4 to the Scotland Act 1998, be modified by an Act of the Scottish Parliament.
9
1
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F2... including any provision that could be made only with the consent of a Minister of the Crown), or
b
it meets the conditions in sub-paragraph (2).
2
The conditions are—
a
the provision—
i
amends or revokes subordinate legislation made before F13IP completion day by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, or
ii
makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
b
the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
c
the provision only forms part of the law of England and Wales,
d
the provision does not confer or remove functions exercisable otherwise than in relation to Wales or the Welsh zone, and
e
the provision does not modify any enactment so far as the enactment cannot, by virtue of paragraph 5, 6 or 7 of Schedule 7B to the Government of Wales Act 2006, be modified by an Act of the National Assembly for Wales.
10
1
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
a
the provision, if it were contained in an Act of the Northern Ireland Assembly—
i
would be within the legislative competence of the Assembly, F71..., and
ii
would not require the consent of the Secretary of State,
b
the provision—
i
amends or repeals Northern Ireland legislation, and
ii
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F109... and require the consent of the Secretary of State, or
c
the provision meets the conditions in sub-paragraph (2).
2
The conditions are—
a
the provision—
i
amends or revokes subordinate legislation made before F112IP completion day by a Northern Ireland devolved authority acting alone, or
ii
makes supplementary, incidental, consequential, transitional, transitory or saving provision in connection with any such amendment or revocation,
b
the subject-matter of the provision does not go beyond the subject-matter of the subordinate legislation concerned,
c
the provision only forms part of the law of Northern Ireland,
d
the provision does not confer or remove functions exercisable otherwise than in or as regards Northern Ireland,
e
the provision does not modify any enactment so far as the enactment cannot, by virtue of section 7 of the Northern Ireland Act 1998, be modified by an Act of the Northern Ireland Assembly, and
f
the provision does not deal with, or otherwise relate to, a matter to which paragraph 22 of Schedule 2, or paragraph 42 of Schedule 3, to the Northern Ireland Act 1998 applies.
11
References in paragraphs 8 to 10, in connection with the making of regulations under this Part, to the subject-matter of any provision or subordinate legislation are to be read as references to the subject-matter of the provision or subordinate legislation when the regulations concerned are made.
F124PART 1AProvision in connection with implementation period
Sch. 2 Pt. 1A inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 4, 42(6)(a) (with s. 38(3), Sch. 5 para. 66)
11ASupplementary power in connection with implementation period
1
A devolved authority may by regulations—
a
provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),
b
provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,
c
make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or
2
A Minister of the Crown acting jointly with a devolved authority may by regulations—
a
provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),
b
provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,
c
make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or
3
The power to make regulations under this Part may (among other things) be exercised by modifying any provision made by or under an enactment.
4
In sub-paragraph (3) “enactment” does not include primary legislation passed or made after IP completion day.
5
No regulations may be made under this Part after the end of the period of two years beginning with IP completion day.
6
Regulations under sub-paragraph (1) are also subject to paragraphs 11B and 11C.
11BNo power to make provision outside devolved competence
1
No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.
2
See paragraphs 11D to 11F for the meaning of “devolved competence” for the purposes of this Part.
11CCertain requirements for consent, joint exercise or consultation
Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.
Meaning of devolved competence: Part 1A
11D
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or
b
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).
11E
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or
b
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).
11F
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
a
the provision, if it were contained in an Act of the Northern Ireland Assembly—
i
would be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and
ii
would not require the consent of the Secretary of State,
b
the provision—
i
amends or repeals Northern Ireland legislation, and
ii
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or
c
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).
F7PART 1BProvision in connection with certain other separation issues
Sch. 2 Pt. 1B inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 19, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(h)
11GPowers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement
1
A devolved authority may by regulations make such provision as the devolved authority considers appropriate—
a
to implement Part 3 of the withdrawal agreement (separation provisions),
b
to supplement the effect of section 7A in relation to that Part, or
c
otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).
2
A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—
a
to implement Part 3 of the withdrawal agreement (separation provisions),
b
to supplement the effect of section 7A in relation to that Part, or
c
otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).
3
A devolved authority may by regulations make such provision as the devolved authority considers appropriate—
a
to implement Part 3 of the EEA EFTA separation agreement (separation provisions),
b
to supplement the effect of section 7B in relation to that Part, or
c
otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).
4
A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—
a
to implement Part 3 of the EEA EFTA separation agreement (separation provisions),
b
to supplement the effect of section 7B in relation to that Part, or
c
otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).
5
Regulations under this Part may make any provision that could be made by an Act of Parliament.
6
Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—
a
section 7A above and Part 3 of the withdrawal agreement, or
b
section 7B above and Part 3 of the EEA EFTA separation agreement.
7
But regulations under this Part may not—
a
impose or increase taxation or fees,
b
make retrospective provision,
c
create a relevant criminal offence,
d
establish a public authority,
e
amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or
f
amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).
8
Regulations under sub-paragraph (1) or (3) are also subject to paragraphs 11H and 11I.
9
In this paragraph references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).
11HNo power to make provision outside devolved competence
1
No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.
2
See paragraphs 11J to 11L for the meaning of “devolved competence” for the purposes of this Part.
11ICertain requirements for consent, joint exercise or consultation
Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.
Meaning of devolved competence: Part 1B
11J
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament F138..., or
b
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone F136....
11K
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (F142... including any provision that could be made only with the consent of a Minister of the Crown), or
b
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone. F140...
11L
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
a
the provision, if it were contained in an Act of the Northern Ireland Assembly—
i
would be within the legislative competence of the Assembly, F144..., and
ii
would not require the consent of the Secretary of State,
b
the provision—
i
amends or repeals Northern Ireland legislation, and
ii
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly F143... and require the consent of the Secretary of State, or
c
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone F141....
F76PART 1CProvision in connection with Protocol on Ireland/Northern Ireland
Sch. 2 Pt. 1C inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 22, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(j)
11MPower in connection with Protocol on Ireland/Northern Ireland
1
A devolved authority may by regulations make such provision as the devolved authority considers appropriate—
a
to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,
b
to supplement the effect of section 7A in relation to the Protocol, or
c
otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).
2
A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—
a
to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,
b
to supplement the effect of section 7A in relation to the Protocol, or
c
otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).
3
Regulations under this Part may make any provision that could be made by an Act of Parliament.
4
Regulations under this Part may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.
5
Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—
a
the authorities of a member State, or
b
bodies established in a member State,
in respect of qualifying Northern Ireland goods.
6
Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.
7
Regulations under sub-paragraph (1) are also subject to paragraphs 11N and 11O.
8
In this paragraph any reference to the Protocol on Ireland/Northern Ireland includes a reference to—
a
any other provision of the withdrawal agreement so far as applying to the Protocol, and
b
any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),
but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).
11NNo power to make provision outside devolved competence
1
No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.
2
See paragraphs 11P to 11R for the meaning of “devolved competence” for the purposes of this Part.
11OCertain requirements for consent, joint exercise or consultation
Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.
Meaning of devolved competence: Part 1C
11P
A provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or
b
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring section 57(2) of the Scotland Act 1998 so far as relating to EU law).
11Q
A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—
a
it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or
b
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).
11R
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
a
the provision, if it were contained in an Act of the Northern Ireland Assembly—
i
would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and
ii
would not require the consent of the Secretary of State,
b
the provision—
i
amends or repeals Northern Ireland legislation, and
ii
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or
c
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) of the Northern Ireland Act 1998).
F12Part 2Implementing the withdrawal agreement
Sch. 2 Pt. 2 repealed (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 36(d), 42(6)(c) (with s. 38(3), Sch. 5 para. 66)
F12Power to implement withdrawal agreement
F1212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12No power to make provision outside devolved competence
F1213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12No power to modify retained direct EU legislation etc.
F1214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12Requirement for consultation in certain circumstances
F1215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12Certain requirements for consent, joint exercise or consultation
F1216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12Meaning of devolved competence: Part 2
F1217
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1218
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1219
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3Further amendments of devolution legislation and reporting requirement
Part 1Corresponding provision in relation to executive competence
Scotland Act 1998
I51
In section 57 of the Scotland Act 1998 (EU law and Convention rights)—
I53a
in subsection (2) (no power for members of the Scottish Government to make subordinate legislation, or otherwise act, incompatibly with EU law) omit “or with EU law”, and
F51...
F51I6I872
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northern Ireland Act 1998
I73
In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—
I58a
omit subsection (1)(b) (no power for the First Minister, the deputy First Minister, a Northern Ireland Minister or a Northern Ireland department to make, confirm or approve subordinate legislation, or otherwise act, incompatibly with EU law), and
F55Part 2Reports in connection with retained EU law restrictions
Sch. 3 Pt. 2 omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(4)(b)
F55Reports on progress towards removing retained EU law restrictions
F554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55Interpretation
F555
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3Other amendments of devolution legislation
Scotland Act 1998
I216
The Scotland Act 1998 is amended as follows.
I557
In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.
I988
In section 12 (power of the Scottish Ministers to make provision about elections), in subsection (4)(a)—
a
omit “or the European Parliamentary Elections Act 2002”, and
b
omit “, European Parliamentary elections”.
I329
1
Section 12A (power of the Secretary of State to make provision about elections) is amended as follows.
2
In subsection (2)—
a
after paragraph (a) insert “
and
”
, and
b
omit paragraph (c) and the “and” before it.
3
In subsection (3), omit paragraph (b) and the “and” before it.
4
In subsection (5)(a)—
a
omit “or the European Parliamentary Elections Act 2002”, and
b
omit “, European Parliamentary elections”.
I2710
In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I8211
Omit section 34 (ECJ references).
I8512
1
Section 36 (stages of Bills) is amended as follows.
2
In subsection (4), omit paragraph (b) but not the “or” at the end of it.
3
In subsection (5)(a), omit “, (b)”.
I4913
1
Section 57 (EU law and Convention rights) is amended as follows.
2
In the heading—
a
omit “EU law and”, and
F89b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Omit subsection (1).
I6514
1
Section 80D (Scottish taxpayers) is amended as follows.
2
In subsection (4)—
a
insert “
or
”
at the end of paragraph (a), and
b
omit paragraph (b) and the “or” at the end of it.
3
In subsection (4B), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I11015
In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I5416
1
Section 82 (limits on salaries of members of the Parliament) is amended as follows.
2
In subsection (1)—
a
insert “
or
”
at the end of paragraph (za), and
b
omit paragraph (b) and the “or” before it.
3
In subsection (2)(b), for “(1)(za), (a) or (b)” substitute “
(1)(za) or (a)
”
.
I6917
1
Section 106 (power to adapt functions) is amended as follows.
2
In subsection (5), for “an obligation under EU law” substitute “
a retained EU obligation
”
.
3
Omit subsection (7).
I11218
In section 119 (Consolidated Fund etc.), omit subsection (4).
I2219
1
Section 126 (interpretation) is amended as follows.
2
Omit subsection (9).
3
In subsection (10), omit “EU law or”.
I3920
In section 127 (index of defined expressions), omit the entry for EU law.
I121
I621
Schedule 4 (enactments etc. protected from modification) is amended as follows.
2
In paragraph 1(2)—
I62a
omit paragraph (c), and
b
after paragraph (f) insert
,
g
the European Union (Withdrawal) Act 2018 (other than paragraphs 31 to 35 of Schedule 8 to that Act and any regulations made under that Act)
I623
Omit paragraph 13(1)(a).
I9522
In Part 2 of Schedule 5 (specific reservations), in section C8 (product standards, safety and liability), for the words from “Technical standards and” to “EU law” substitute— “
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.
”
I10323
1
Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.
F192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph (e), omit “or with EU law”.
4
In the second sentence for the words from “the compatibility” to the end substitute “
a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995)
”
.
F9024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12625
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10426
In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.
Government of Wales Act 2006
I11627
The Government of Wales Act 2006 is amended as follows.
I4228
In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.
I5729
In section 13(5) (power of the Welsh Ministers to make provision about elections etc.)—
a
omit paragraph (c) but not the “and” at the end of it, and
b
in paragraph (d) omit “, European Parliamentary elections”.
I7830
1
Section 13A (power of the Secretary of State to make provision about the combination of polls) is amended as follows.
2
In subsection (2)—
a
insert “
and
”
at the end of paragraph (a), and
b
omit paragraph (c) and the “and” before it.
3
In subsection (3), omit paragraph (b) and the “and” before it.
I2931
In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.
I9032
1
Section 21 (limit on salaries of Assembly members) is amended as follows.
2
In subsection (1)—
a
insert “
or
”
at the end of paragraph (za), and
b
omit paragraph (b) and the “or” before it.
3
In subsection (2)(b), for “(1)(za), (a), or (b)” substitute “
(1)(za) or (a)
”
.
I9733
In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “
retained EU obligations
”
.
I4134
Omit section 58B (implementation of EU law: general).
I10635
1
Section 59 (implementation of EU law: designation of Welsh Ministers etc.) is amended as follows.
2
For the heading substitute “
Fees and charges in relation to international law
”
.
3
Omit subsections (1) to (4).
4
In subsection (5), for “in pursuance of an EU obligation etc” substitute “
in pursuance of an international obligation
”
.
I5036
In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “
Retained
”
.
I9137
1
Section 80 (EU law) is amended as follows.
2
In the heading, before “EU” insert “
Retained
”
.
3
In subsection (1), for “An EU obligation” substitute “
A retained EU obligation
”
.
4
In subsection (2), for “an EU obligation” substitute “
a retained EU obligation
”
.
5
In subsection (3)—
a
for “an EU obligation” substitute “
a retained EU obligation
”
, and
b
for “the EU obligation” substitute “
the retained EU obligation
”
.
6
In subsection (7)—
a
for “an EU obligation” substitute “
a retained EU obligation
”
, and
b
for “the EU obligation” substitute “
the retained EU obligation
”
.
F207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7138
In section 111 (proceedings on Bills)—
a
in subsection (6), omit paragraph (b) but not the “or” at the end of it, and
b
in subsection (7)(a), omit “, (b)”.
I10139
Omit section 113 (ECJ references).
I4640
In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I4041
1
Section 116E (Welsh taxpayers) is amended as follows.
2
In subsection (4)—
a
insert “
or
”
at the end of paragraph (a), and
b
omit paragraph (b) and the “or” at the end of it.
3
In subsection (6), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
I6842
In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “
paragraph (a) or (c)
”
.
F11843
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I10944
In section 158(1) (interpretation)—
a
omit the definition of “EU law”, and
b
in the definition of “international obligations” omit “EU law or”.
I11745
In section 159 (index of defined expressions), omit the entry for EU law.
I5246
In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).
I4547
In Part 2 of Schedule 7A (specific reservations), in section C7 (product standards, safety and liability), for paragraph 77 substitute—
77
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law.
I248
In paragraph 5(1) of Schedule 7B (protected enactments), in the table—
I61a
omit the entry for the European Communities Act 1972, and
b
after the entry for the Energy Act 2008 insert—
The European Union (Withdrawal) Act 2018
The whole Act.
I4449
In Schedule 11 (transitional provisions), omit paragraph 35A and the heading before it (instrument containing provisions under transferred power and provision under power in section 2(2) of the European Communities Act 1972: Assembly procedure).
Northern Ireland Act 1998
I3650
The Northern Ireland Act 1998 is amended as follows.
I351
I631
Section 7 (entrenched enactments) is amended as follows.
2
In subsection (1)—
I63a
for “subsection (2)” substitute “
subsection (2A)
”
,
I63b
omit paragraph (a),
c
omit “and” at the end of paragraph (c), and
d
after paragraph (d) insert
; and
e
the European Union (Withdrawal) Act 2018
I633
Omit subsection (2).
4
Before subsection (3) insert—
2A
Subsection (1) does not prevent an Act of the Assembly or subordinate legislation modifying—
a
paragraph 1(11) or (12) or 2(12) or (13) of Schedule 7 to the European Union (Withdrawal) Act 2018,
b
paragraph 21 of Schedule 8 to that Act, or
c
any regulations made under that Act.
I10752
Omit section 12 (reconsideration where reference made to ECJ).
I2453
In section 13 (stages of Bills), omit subsection (5)(b).
I9254
In section 14 (submission of Bills by the Secretary of State for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.
I3055
In the heading of section 24 (EU law, Convention rights etc.)—
a
omit “EU law,”, and
F66b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8956
1
Section 27 (quotas for purposes of international etc. obligations) is amended as follows.
2
In subsection (1)(a), for “an obligation under EU law” substitute “
a retained EU obligation
”
.
3
In subsection (2), for “obligation under EU law” substitute “
retained EU obligation
”
.
4
In subsection (4), omit “or an obligation under EU law”.
5
After that subsection insert—
4A
Where an order under subsection (1) is in force in relation to a retained EU obligation, the Minister or Northern Ireland department must (in the exercise of the Minister's or the department's functions) achieve so much of the result to be achieved under the obligation as is specified in the order by the time or times so specified.
F9857
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11358
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2859
In section 98(1) (interpretation)—
a
omit the definition of “EU law”, and
b
in the definition of “international obligations” omit “EU law or”.
I3560
1
Schedule 2 (excepted matters) is amended as follows.
2
In paragraph 3(c), for “, obligations under the Human Rights Convention and obligations under EU law” substitute “
and obligations under the Human Rights Convention
”
.
3
In paragraph 12(1), omit “, the European Parliament”.
I11461
In Schedule 3 (reserved matters), in paragraph 38, for the words from “Technical” to “not” substitute “
The subject matter of all technical standards and requirements in relation to products that had effect immediately before exit day in pursuance of an obligation under EU law, other than
”
.
I3462
In paragraph 1(c) of Schedule 10 (devolution issues) omit the words from “, any obligation” to “such an obligation”.
SCHEDULE 4Powers in connection with fees and charges
Part 1Charging in connection with certain new functions
Power to provide for fees or charges
1
1
An appropriate authority may by regulations make provision for, or in connection with, the charging of fees or other charges in connection with the exercise of a function (“the relevant function”) which a public authority has by virtue of provision made under—
a
section 8 or Part 1 of Schedule 2 (powers to deal with deficiencies arising from withdrawal), F133. . .
F115aa
section 8B or Part 1B of Schedule 2 (powers in connection with Part 3 of the withdrawal agreement and Part 3 of the EEA EFTA separation agreement), or
ab
section 8C or Part 1C of Schedule 2 (powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement)
F133b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where there is more than one appropriate authority in relation to the relevant function, two or more of the appropriate authorities may make regulations under this paragraph jointly.
3
Regulations under this paragraph may (among other things)—
a
prescribe the fees or charges or make provision as to how they are to be determined;
b
provide for the recovery or disposal of any sums payable under the regulations;
c
confer power on the public authority to make, by subordinate legislation, any provision that the appropriate authority may make under this paragraph in relation to the relevant function.
Meaning of “appropriate authority”
2
1
A Minister of the Crown is an “appropriate authority” for the purposes of paragraph 1.
2
The Scottish Ministers are an “appropriate authority” for the purposes of paragraph 1—
a
if the Scottish Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,
b
if the relevant function is a function of the Scottish Ministers, the First Minister or the Lord Advocate, or
c
if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Scottish Parliament, would be within the legislative competence of that Parliament (ignoring section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law and retained EU law).
3
The Welsh Ministers are an “appropriate authority” for the purposes of paragraph 1—
a
if the Welsh Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,
b
if the relevant function is a function of the Welsh Ministers, or
c
if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the National Assembly for Wales, would be within the legislative competence of that Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but including any provision that could be made only with consent of a Minister of the Crown).
4
A Northern Ireland department is an “appropriate authority” for the purposes of paragraph 1—
a
if a Northern Ireland department (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function,
b
if the relevant function is a function of a Northern Ireland devolved authority, or
c
if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the Northern Ireland Assembly—
i
would be within the legislative competence of that Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998), and
ii
would not require the consent of the Secretary of State.
Requirements for consent
3
1
A Minister of the Crown may only make regulations under paragraph 1 with the consent of the Treasury.
2
A devolved authority may only make regulations under paragraph 1 with the consent of a Minister of the Crown if—
a
the relevant function is a function of a Minister of the Crown, or
b
the public authority that has the relevant function—
i
in the case of the Scottish Ministers, has any functions that can be exercised otherwise than in or as regards Scotland,
ii
in the case of the Welsh Ministers, has any functions that can be exercised otherwise than in relation to Wales or the Welsh zone, or
iii
in the case of a Northern Ireland department, has any functions that can be exercised otherwise than in or as regards Northern Ireland and is not an implementation body.
3
In sub-paragraph (2)(b)(iii) “implementation body” has the same meaning as in section 55 of the Northern Ireland Act 1998 (see subsection (3) of that section).
Minister of the Crown power in relation to devolved authorities
4
A Minister of the Crown may by regulations—
a
prescribe circumstances in which, or functions in relation to which, a devolved authority is to be regarded as being an appropriate authority for the purposes of paragraph 1;
b
provide that a devolved authority that is regarded as being an appropriate authority under regulations made under paragraph (a) may only make regulations under paragraph 1, by virtue of being so regarded, with the consent of a Minister of the Crown;
c
prescribe circumstances in which, or functions in relation to which, a devolved authority may, despite paragraph 3(2), make regulations under paragraph 1 without the consent of a Minister of the Crown.
Time limit for making certain provision
5
1
2
After the end of that period, regulations may be made under paragraph 1 for the purposes of—
a
revoking any provision made under that paragraph,
b
altering the amount of any of the fees or charges that are to be charged under any provision made under that paragraph,
c
altering how any of the fees or charges that are to be charged under any provision made under that paragraph are to be determined, or
d
otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under any provision made under that paragraph.
F782A
This paragraph does not apply in relation to regulations made under paragraph 1(1)(aa) or (ab).
3
This paragraph does not affect the continuation in force of any regulations made at or before the end of the period mentioned in sub-paragraph (1) (including the exercise after the end of that period of any power conferred by regulations made under that paragraph at or before the end of that period).
Relationship to other powers
6
This Part does not affect the powers under F47sections 8 to 8C or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.
Part 2Modifying pre-exit fees or charges
Power to modify pre-exit fees or charges
7
1
Sub-paragraph (2) applies where any subordinate legislation contains provision (“the charging provision”) for, or in connection with, the charging of fees or other charges that—
a
was made under section 2(2) of the European Communities Act 1972, section 56 of the Finance Act 1973 or this Part, and
b
forms part of F189assimilated law.
2
Any appropriate authority may by regulations make provision (“the proposed modification”) modifying the subordinate legislation for the purposes of—
a
revoking the charging provision,
b
altering the amount of any of the fees or charges that are to be charged,
c
altering how any of the fees or charges are to be determined, or
d
otherwise altering the fees or charges that may be charged in relation to anything in respect of which fees or charges may be charged under the charging provision.
Meaning of “appropriate authority”
8
In this Part an “appropriate authority” means a Minister of the Crown, or devolved authority, that could have made the proposed modification—
a
under section 2(2) of the European Communities Act 1972 immediately before F103IP completion day, or
b
under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph 17 of Schedule 8.
Restriction on exercise of power
9
1
Where the charging provision consists solely of 1972 Act provision, regulations under this Part may not impose or increase taxation.
2
In sub-paragraph (1) “1972 Act provision” means—
a
provision that is made under section 2(2) of the European Communities Act 1972 and not under section 56 of the Finance Act 1973, including such provision as modified under this Part, or
b
provision that is made under this Part and is incidental to, or supplements or replaces, provision within paragraph (a).
Requirement for consent
10
If a Minister of the Crown—
a
is an appropriate authority, and
b
immediately before the amendment of section 56 of the Finance Act 1973 by paragraph 17 of Schedule 8 could only have made the proposed modification under that section,
the Minister may only make that modification under this Part with the consent of the Treasury.
Relationship to other powers
11
This Part does not affect the powers under F114sections 8 to 8C or Schedule 2, or any other power exercisable apart from this Part, to require the payment of, or to make other provision in relation to, fees or other charges.
SCHEDULE 5Publication and rules of evidence
Part 1Publication of retained direct EU legislation etc.
Things that must or may be published
I741
C131
The Queen's Printer must make arrangements for the publication of—
a
each relevant instrument that has been published before F135IP completion day by an EU entity, and
b
the relevant international agreements.
2
In this paragraph—
“relevant instrument” means—
- a
an EU regulation,
- b
an EU decision, and
- c
EU tertiary legislation;
- a
“relevant international agreements” means—
- a
the Treaty on European Union,
- b
the Treaty on the Functioning of the European Union,
- c
the Euratom Treaty, and
- d
the EEA agreement.
- a
3
The Queen's Printer may make arrangements for the publication of—
a
any decision of, or expression of opinion by, the European Court, or
b
any other document published by an EU entity.
4
The Queen's Printer may make arrangements for the publication of anything which the Queen's Printer considers may be useful in connection with anything published under this paragraph.
5
This paragraph does not require the publication of—
a
anything repealed before F107IP completion day, or
b
any modifications made on or after F41IP completion day.
Exceptions from duty to publish
I92
1
A Minister of the Crown may create an exception from the duty under paragraph 1(1) in respect of a relevant instrument if satisfied that it has not become (or will not become, on F95IP completion day) retained direct EU legislation.
2
An exception is created by giving a direction to the Queen's Printer specifying the instrument or category of instruments that are excepted.
3
A Minister of the Crown must publish any direction under this paragraph.
4
In this paragraph—
“instrument” includes part of an instrument;
“relevant instrument” has the meaning given by paragraph 1(2).
Part 2Rules of evidence
Questions as to meaning of EU law
I883
1
Where it is necessary, F119in legal proceedings, to decide a question as to—
a
the meaning or effect in EU law of any of the EU Treaties or any other treaty relating to the EU, or
b
the validity, meaning or effect in EU law of any EU instrument,
the question is to be treated F23... as a question of law.
2
In this paragraph—
F32...
“treaty” includes—
- a
any international agreement, and
- b
any protocol or annex to a treaty or international agreement.
- a
Power to make provision about judicial notice and admissibility
I104
1
A Minister of the Crown may by regulations—
a
make provision enabling or requiring judicial notice to be taken of a relevant matter, or
b
provide for the admissibility in any legal proceedings of specified evidence of—
i
a relevant matter, or
ii
instruments or documents issued by or in the custody of an EU entity.
2
Regulations under sub-paragraph (1)(b) may provide that evidence is admissible only where specified conditions are met (for example, conditions as to certification of documents).
3
Regulations under this paragraph may modify any provision made by or under an enactment.
4
In sub-paragraph (3) “enactment” does not include primary legislation passed or made after F38IP completion day.
5
For the purposes of this paragraph each of the following is a “relevant matter”—
F190a
assimilated law,
b
EU law,
c
the EEA agreement,
F64ca
the EEA EFTA separation agreement,
cb
the Swiss citizens' rights agreement,
cc
the withdrawal agreement, and
d
anything which is specified in the regulations and which relates to a matter mentioned in paragraph (a), (b) F29, (c), (ca), (cb) or (cc).
SCHEDULE 6Instruments which are exempt EU instruments
EU decisions
1
F791
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
If any decision under Title V or former Title V of the Treaty on European Union is a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union (and accordingly falls within the definition of “EU decision” in section 20(1)), it is “an exempt EU instrument”.
3
In sub-paragraph (2), the reference to former Title V of the Treaty on European Union is a reference to that Title as it had effect at any time before the coming into force of the Treaty of Lisbon.
EU regulations
F362
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EU tertiary legislation
3
EU tertiary legislation is “an exempt EU instrument” so far as it is made under—
F18b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
F544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Regulations
Part 1Scrutiny of powers to deal with deficiencies
Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone
1
1
A statutory instrument containing regulations under section 8(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
2
Provision falls within this sub-paragraph if it—
a
provides for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead by a public authority in the United Kingdom,
b
relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,
c
creates, or widens the scope of, a criminal offence, or
d
creates or amends a power to legislate.
3
Any other statutory instrument containing regulations under section 8(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
4
See paragraph 3 for restrictions on the choice of procedure under sub-paragraph (3).
5
A statutory instrument containing regulations under section 8 (3)(b) (including as applied by paragraph 1(3) of Schedule 2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6
Regulations under Part 1 of Schedule 2 of the Scottish Ministers which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
7
Any other regulations under Part 1 of Schedule 2 of the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
8
A statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
9
Any other statutory instrument containing regulations under Part 1 of Schedule 2 of the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.
10
See paragraph 4 for restrictions on the choice of procedure under sub-paragraph (9).
11
Regulations under Part 1 of Schedule 2 of a Northern Ireland department which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
12
Any other regulations under Part 1 of Schedule 2 of a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
13
This paragraph—
a
does not apply to regulations to which paragraph 2 applies, and
b
is subject to paragraphs 5 to 8.
Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly
2
1
This paragraph applies to regulations under Part 1 of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.
2
The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
3
A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4
Any other statutory instrument containing regulations to which this paragraph applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
5
Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 1(2) are subject to the affirmative procedure.
6
Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are (if they have not been subject to the affirmative procedure) subject to the negative procedure.
7
Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) or (6) applies and which are subject to the affirmative procedure as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
8
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies and which are subject to the negative procedure as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
9
Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
10
A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 1(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is (if a draft of the instrument has not been laid before, and approved by a resolution of, the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly.
12
Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 1(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
13
Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
14
If in accordance with sub-paragraph (4), (6), (11) or (13)—
a
either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or
b
a relevant devolved legislature resolves that an instrument be annulled,
nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
15
In sub-paragraph (14) “relevant devolved legislature” means—
a
in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,
b
in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and
c
in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.
16
Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
17
Sub-paragraphs (14) F62to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown
3
1
Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph 1(3) applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
2
The Minister may not make the instrument so that it is subject to that procedure unless—
a
condition 1 is met, and
b
either condition 2 or 3 is met.
3
Condition 1 is that a Minister of the Crown—
a
has made a statement in writing to the effect that in the Minister's opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and
b
has laid before each House of Parliament—
i
a draft of the instrument, and
ii
a memorandum setting out the statement and the reasons for the Minister's opinion.
4
Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.
5
Condition 3 is that the relevant period has ended without condition 2 being met.
6
Sub-paragraph (7) applies if—
a
a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,
b
the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and
c
the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
7
Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.
8
If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.
9
A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.
10
In this paragraph “the relevant period” means the period—
a
beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and
b
ending with whichever of the following is the later—
i
the end of the period of 10 Commons sitting days beginning with that first day, and
ii
the end of the period of 10 Lords sitting days beginning with that first day.
11
For the purposes of sub-paragraph (10)—
a
where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,
F111b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111...
12
Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph 1(3) applies is made that another procedure should apply in relation to the instrument (whether under paragraph 1(3) or 5).
13
Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers
4
1
Sub-paragraph (2) applies if the Welsh Ministers are to make a statutory instrument to which paragraph 1(9) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
2
The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—
a
condition 1 is met, and
b
either condition 2 or 3 is met.
3
Condition 1 is that the Welsh Ministers—
a
have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and
b
have laid before the Assembly—
i
a draft of the instrument, and
ii
a memorandum setting out the statement and the reasons for the Welsh Ministers' opinion.
4
Condition 2 is that a committee of the National Assembly for Wales charged with doing so has made a recommendation as to the appropriate procedure for the instrument.
5
Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the National Assembly for Wales as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).
6
In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is—
a
dissolved, or
b
in recess for more than four days.
7
Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 1(9) applies is made that another procedure should apply to the instrument (whether under paragraph 1(9) or 7).
8
Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before the Assembly) does not apply in relation to any statutory instrument to which this paragraph applies.
F289
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown
5
1
Sub-paragraph (2) applies to—
a
a statutory instrument to which paragraph 1(1) applies, or
b
a statutory instrument to which paragraph 1(3) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.
2
The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.
3
After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.
4
Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
5
In calculating the period of 28 days, no account is to be taken of any time during which—
a
Parliament is dissolved or prorogued, or
b
either House of Parliament is adjourned for more than four days.
6
If regulations cease to have effect as a result of sub-paragraph (4), that does not—
a
affect the validity of anything previously done under the regulations, or
b
prevent the making of new regulations.
7
Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(3) applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
8
Paragraph 3 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
Scrutiny procedure in certain urgent deficiencies cases: devolved authorities
6
1
This paragraph applies to—
a
regulations to which paragraph 1(6) applies, or
b
regulations to which paragraph 1(7) applies which would not otherwise be made without being subject to the affirmative procedure.
2
The regulations may be made without being subject to the affirmative procedure if the regulations contain a declaration that the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to that procedure.
3
After regulations are made in accordance with sub-paragraph (2), they must be laid before the Scottish Parliament.
4
Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.
5
In calculating the period of 28 days, no account is to be taken of any time during which the Scottish Parliament is—
a
dissolved, or
b
in recess for more than four days.
6
If regulations cease to have effect as a result of sub-paragraph (4), that does not—
a
affect the validity of anything previously done under the regulations, or
b
prevent the making of new regulations.
F507
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
1
Sub-paragraph (2) applies to—
a
a statutory instrument to which paragraph 1(8) applies, or
b
a statutory instrument to which paragraph 1(9) applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales.
2
The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, the National Assembly for Wales if it contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.
3
After an instrument is made in accordance with sub-paragraph (2), it must be laid before the National Assembly for Wales.
4
Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.
5
In calculating the period of 28 days, no account is to be taken of any time during which the National Assembly for Wales is—
a
dissolved, or
b
in recess for more than four days.
6
If regulations cease to have effect as a result of sub-paragraph (4), that does not—
a
affect the validity of anything previously done under the regulations, or
b
prevent the making of new regulations.
7
Sub-paragraph (8) applies to a statutory instrument to which paragraph 1(9) applies where the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
8
Paragraph 4 does not apply in relation to the instrument if the instrument contains a declaration that the Welsh Ministers are of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
F59
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
1
This paragraph applies to—
a
regulations to which paragraph 1(11) applies, or
b
regulations to which paragraph 1(12) applies which would not otherwise be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly.
2
The regulations may be made without a draft of the regulations being laid before, and approved by a resolution of, the Northern Ireland Assembly if they contain a declaration that the Northern Ireland department concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.
3
After regulations are made in accordance with sub-paragraph (2), they must be laid before the Northern Ireland Assembly.
4
Regulations made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by a resolution of the Northern Ireland Assembly.
5
In calculating the period of 28 days, no account is to be taken of any time during which the Northern Ireland Assembly is—
a
dissolved,
b
in recess for more than four days, or
c
adjourned for more than six days.
6
If regulations cease to have effect as a result of sub-paragraph (4), that does not—
a
affect the validity of anything previously done under the regulations, or
b
prevent the making of new regulations.
F967
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34PART 1AScrutiny of Specific Powers Relating to Withdrawal Agreement Etc.
Sch. 7 Pt. 1A inserted (23.1.2020 for specified purposes, 31.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(ix), Sch. 5 para. 51 (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxiii); S.I. 2020/518, reg. 2(p)(i)
Powers in connection with Part 4 of the withdrawal agreement
8A
A statutory instrument containing regulations under section 1A(3)(a)(ii) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
8B
1
A statutory instrument containing regulations under section 8A which amend, repeal or revoke—
a
primary legislation, F170...
F170
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
2
Any other statutory instrument containing regulations under section 8A is subject to annulment in pursuance of a resolution of either House of Parliament.
3
Regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—
a
primary legislation, F171...
F171
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
4
Any other regulations under Part 1A of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
5
A statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—
a
primary legislation, F172...
F172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
6
Any other statutory instrument containing regulations under Part 1A of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
7
Regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—
a
primary legislation, F173...
F173
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
8
Any other regulations under Part 1A of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8C
1
This paragraph applies to regulations under Part 1A of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.
2
The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
3
A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—
a
primary legislation, F174...
F174
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4
Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.
5
Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—
a
primary legislation, F175...
F175
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are subject to the affirmative procedure.
6
Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.
7
Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
8
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
9
Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
10
A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—
a
primary legislation, F176...
F176
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—
a
primary legislation, F177...
F177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
13
Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
14
If in accordance with sub-paragraph (4), (6), (11) or (13)—
a
either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or
b
a relevant devolved legislature resolves that an instrument be annulled,
nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
15
In sub-paragraph (14) “relevant devolved legislature” means—
a
in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,
b
in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and
c
in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.
16
Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
17
Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
Powers in connection with other separation issues in the withdrawal agreement etc.
8D
1
A statutory instrument containing regulations under section 8B which amend, repeal or revoke—
a
primary legislation, F161...
F161b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
2
Any other statutory instrument containing regulations under section 8B is subject to annulment in pursuance of a resolution of either House of Parliament.
3
Regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—
a
primary legislation, F162...
F162b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
4
Any other regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
5
A statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—
a
primary legislation, F163...
F163b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
6
Any other statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
7
Regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—
a
primary legislation, F164...
F164b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
8
Any other regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8E
1
This paragraph applies to regulations under Part 1B of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.
2
The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
3
A statutory instrument containing regulations to which this paragraph applies which amend, repeal or revoke—
a
primary legislation,F178...
F178b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4
Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.
5
Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and amend, repeal or revoke—
a
primary legislation, F179...
F179b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are subject to the affirmative procedure.
6
Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.
7
Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
8
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
9
Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
10
A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and amend, repeal or revoke—
a
primary legislation, F180...
F180b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and amend, repeal or revoke—
a
primary legislation,F181...
F181b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
13
Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
14
If in accordance with sub-paragraph (4), (6), (11) or (13)—
a
either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or
b
a relevant devolved legislature resolves that an instrument be annulled,
nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
15
In sub-paragraph (14) “relevant devolved legislature” means—
a
in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,
b
in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and
c
in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.
16
Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
17
Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
Powers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement
8F
1
A statutory instrument containing regulations under section 8C(1) which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
2
Provision falls within this sub-paragraph if it—
a
amends, repeals or revokes primary legislation F165...,
b
establishes a public authority,
c
relates to a fee in respect of a function exercisable by a public authority in the United Kingdom,
d
creates, or widens the scope of, a criminal offence,
e
creates or amends a power to legislate, or
f
facilitates the access to the market within Great Britain of qualifying Northern Ireland goods.
3
Any other statutory instrument containing regulations under section 8C(1) is subject to annulment in pursuance of a resolution of either House of Parliament.
4
A statutory instrument containing regulations under section 8C(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5
Regulations under Part 1C of Schedule 2 of the Scottish Ministers acting alone which contain provision falling within sub-paragraph (2) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
6
Any other regulations under Part 1C of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7
A statutory instrument containing regulations under Part 1C of Schedule 2 of the Welsh Ministers acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
8
Any other statutory instrument containing regulations under Part 1C of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
9
Regulations under Part 1C of Schedule 2 of a Northern Ireland department acting alone which contain provision falling within sub-paragraph (2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
10
Any other regulations under Part 1C of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8G
1
This paragraph applies to regulations under Part 1C of Schedule 2 of a Minister of the Crown acting jointly with a devolved authority.
2
The procedure provided for by sub-paragraph (3) or (4) applies in relation to regulations to which this paragraph applies as well as any other procedure provided for by this paragraph which is applicable in relation to the regulations concerned.
3
A statutory instrument containing regulations to which this paragraph applies which contain provision falling within paragraph 8F(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
4
Any other statutory instrument containing regulations to which this paragraph applies is subject to annulment in pursuance of a resolution of either House of Parliament.
5
Regulations to which this paragraph applies which are made jointly with the Scottish Ministers and contain provision falling within paragraph 8F(2) are subject to the affirmative procedure.
6
Any other regulations to which this paragraph applies which are made jointly with the Scottish Ministers are subject to the negative procedure.
7
Section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to regulations to which sub-paragraph (5) applies as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
8
Sections 28(2), (3) and (8) and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to regulations to which sub-paragraph (6) applies as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
9
Section 32 of the Interpretation and Legislative Reform (Scotland) Act 2010 (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing regulations to which sub-paragraph (5) or (6) applies as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
10
A statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers and contain provision falling within paragraph 8F(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
11
Any other statutory instrument containing regulations to which this paragraph applies which are made jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
Regulations to which this paragraph applies which are made jointly with a Northern Ireland department and contain provision falling within paragraph 8F(2) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
13
Any other regulations to which this paragraph applies which are made jointly with a Northern Ireland department are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
14
If in accordance with sub-paragraph (4), (6), (11) or (13)—
a
either House of Parliament resolves that an address be presented to Her Majesty praying that an instrument be annulled, or
b
a relevant devolved legislature resolves that an instrument be annulled,
nothing further is to be done under the instrument after the date of the resolution and Her Majesty may by Order in Council revoke the instrument.
15
In sub-paragraph (14) “relevant devolved legislature” means—
a
in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament,
b
in the case of regulations made jointly with the Welsh Ministers, the National Assembly for Wales, and
c
in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.
16
Sub-paragraph (14) does not affect the validity of anything previously done under the instrument or prevent the making of a new instrument.
17
Sub-paragraphs (14) to (16) apply in place of provision made by any other enactment about the effect of such a resolution.
Part 2Scrutiny of other powers under Act
Power to enable challenges to validity of F184assimilated law
Word in Sch. 7 para. 9 cross-heading substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(14)(a) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
9
1
A statutory instrument containing regulations under paragraph 1(2)(b) of Schedule 1 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
2
This paragraph is subject to paragraph 19.
F69Power in relation to interpretation of retained EU law
Sch. 7 para. 9A and cross-heading inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 52(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(p)(ii)
9A
A statutory instrument containing regulations under section 6(5A) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
F15...
Sch. 7 para. 10 and cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(3) (with s. 38(3), Sch. 5 para. 66)
F1510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power to repeal provisions relating to retained EU law restrictions
11
A statutory instrument containing regulations under section 12(9) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Powers in connection with fees and charges
12
1
A statutory instrument containing regulations of a Minister of the Crown under Schedule 4 which contain provision which does not relate to altering the amount of a fee or charge to reflect changes in the value of money may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
2
Any other statutory instrument containing regulations under Schedule 4 of a Minister of the Crown is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
3
Paragraphs 1(6) to (13)(a) and 2 apply to regulations under Schedule 4 as they apply to regulations under Part 1 of Schedule 2 except that any reference to provision falling within paragraph 1(2) is to be read as a reference to any provision made under Schedule 4 which does not relate to altering the amount of a fee or charge to reflect changes in the value of money.
4
This paragraph is subject to paragraph 19.
Power to make provision about judicial notice and admissibility
13
A statutory instrument containing regulations under paragraph 4 of Schedule 5 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Power to amend the definition of “exit day”
14
A statutory instrument containing regulations under section 20(4) F17is subject to annulment in pursuance of a resolution of either House of Parliament.
Power to make consequential provision
15
1
A statutory instrument containing regulations under section 23(1) is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
2
See paragraph 17 for restrictions on the choice of procedure under sub-paragraph (1).
Power to make transitional, transitory or saving provision
16
1
Sub-paragraph (2) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that—
a
it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and
b
it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph (2).
2
The statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
3
Sub-paragraph (4) applies if a Minister of the Crown who is to make regulations under section 23(6) considers that—
a
it is not appropriate for the statutory instrument containing them to be subject to no parliamentary procedure, and
b
it is appropriate for that statutory instrument to be subject to the parliamentary procedure in sub-paragraph (4).
4
The statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Parliamentary committee to sift F56... consequential regulations of a Minister of the Crown
Words in Sch. 7 para. 17 cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(4) (with s. 38(3), Sch. 5 para. 66)
17
1
Sub-paragraph (2) applies if a Minister of the Crown who is to make a statutory instrument to which paragraph F1... 15 applies is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
2
The Minister may not make the instrument so that it is subject to that procedure unless—
a
condition 1 is met, and
b
either condition 2 or 3 is met.
3
Condition 1 is that a Minister of the Crown—
a
has made a statement in writing to the effect that in the Minister's opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and
b
has laid before each House of Parliament—
i
a draft of the instrument, and
ii
a memorandum setting out the statement and the reasons for the Minister's opinion.
4
Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.
5
Condition 3 is that the relevant period has ended without condition 2 being met.
6
Sub-paragraph (7) applies if—
a
a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,
b
the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and
c
the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
7
Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.
8
If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.
9
A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.
10
In this paragraph “the relevant period” means the period—
a
beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House of Parliament as mentioned in sub-paragraph (3)(b)(i), and
b
ending with whichever of the following is the later—
i
the end of the period of 10 Commons sitting days beginning with that first day, and
ii
the end of the period of 10 Lords sitting days beginning with that first day.
11
For the purposes of sub-paragraph (10)—
a
where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,
F91b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F91c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F91...
12
Nothing in this paragraph prevents a Minister of the Crown from deciding at any time before a statutory instrument to which paragraph F117... 15 applies is made that another procedure should apply in relation to the instrument (whether under that paragraph or paragraph 19).
13
Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
F27...
Sch. 7 para. 18 and cross-heading omitted (23.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 52(6) (with s. 38(3), Sch. 5 para. 66)
F2718
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scrutiny procedure for certain powers to which this Part applies in urgent cases
19
1
Sub-paragraph (2) applies to—
a
a statutory instrument to which paragraph 9(1) F67... or 12(1) applies, or
b
a statutory instrument to which paragraph F139... 12(2) or 15 applies which would not otherwise be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.
2
The instrument may be made without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament if it contains a declaration that the Minister of the Crown concerned is of the opinion that, by reason of urgency, it is necessary to make the regulations without a draft being so laid and approved.
3
After an instrument is made in accordance with sub-paragraph (2), it must be laid before each House of Parliament.
4
Regulations contained in an instrument made in accordance with sub-paragraph (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
5
In calculating the period of 28 days, no account is to be taken of any time during which—
a
Parliament is dissolved or prorogued, or
b
either House of Parliament is adjourned for more than four days.
6
If regulations cease to have effect as a result of sub-paragraph (4), that does not—
a
affect the validity of anything previously done under the regulations, or
b
prevent the making of new regulations.
F227
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Sub-paragraph (9) applies to a statutory instrument to which paragraph F49... 15 applies where the Minister of the Crown who is to make the instrument is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
9
Paragraph 17 does not apply in relation to the instrument if the instrument contains a declaration that the Minister is of the opinion that, by reason of urgency, it is necessary to make the regulations without meeting the requirements of that paragraph.
Part 3General provision about powers under Act
Scope and nature of powers: general
20
1
Any power to make regulations under this Act—
a
so far as exercisable by a Minister of the Crown or by a Minister of the Crown acting jointly with a devolved authority, is exercisable by statutory instrument,
b
so far as exercisable by the Welsh Ministers or by the Welsh Ministers acting jointly with a Minister of the Crown, is exercisable by statutory instrument, and
c
so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).
2
For regulations made under this Act by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
C6C14C521
Any power to make regulations under this Act—
a
may be exercised so as to—
i
ii
make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas, and
22
The fact that a power to make regulations is conferred by this Act does not affect the extent of any other power to make regulations under this Act.
Scope of consequential and transitional powers
23
1
The fact that anything continues to be, or forms part of, domestic law by virtue of any provision of F110sections 1A to 6 or Schedule 1 does not prevent it from being modified by regulations made under section 23(1) in consequence of any other provision made by or under this Act.
2
3
The power to make regulations under section 23(6) includes the power to make transitional, transitory or saving provision in connection with—
a
the repeal of any enactment contained in the European Communities Act 1972, or
b
the withdrawal of the United Kingdom from the EU,
which is additional to that made by any provision of F102sections 1A to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
4
The power to make regulations under section 23(1) includes the power to make transitional, transitory or saving provision which—
a
is in connection with any repeal or revocation made by any such regulations of an enactment in consequence of—
i
the repeal of any enactment contained in the European Communities Act 1972, or
ii
the withdrawal of the United Kingdom from the EU, and
b
is additional to that made by any provision of F94sections 1A to 6 or Schedule 1 or alters its effect in particular cases or descriptions of case.
5
F129Anticipatory exercise of powers in relation to section 1B(2) saved law
Sch. 7 para. 23A and cross-heading inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(4) (with s. 38(3), Sch. 5 para. 66)
23A
Any power to make regulations under this Act which modify anything which continues to be domestic law by virtue of section 1B(2) is capable of being exercised before exit day so that the regulations come into force on or after exit day.
Anticipatory exercise of powers in relation to retained EU law
24
Any power to make regulations under this Act which modify retained direct EU legislation, anything which is retained EU law by virtue of section 4 or any other retained EU law is capable of being exercised before F44IP completion day so that the regulations come into force on or after F44IP completion day.
F74Anticipatory exercise of powers in relation to the withdrawal agreement etc.
Sch. 7 para. 24A and cross-heading inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(x), Sch. 5 para. 53(6) (with s. 38(3), Sch. 5 para. 66)
24A
Any power to make regulations under this Act in relation to the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement, or any modification of any of them which requires ratification, is capable of being exercised before the agreement or (as the case may be) modification concerned is ratified.
Scope of appointed day powers
25
Any power of a Minister of the Crown under this Act to appoint a day includes a power to appoint a time on that day if the Minister considers it appropriate to do so.
Effect of certain provisions in Schedule 8 on scope of powers
26
The modifications made by Part 1 of Schedule 8 and paragraphs 18 to 22 and 31 to 35 of that Schedule do not prevent or otherwise limit the making of different provision, in particular cases or descriptions of case, in regulations under section 23(1) or in any other regulations under this Act.
Disapplication of certain review provisions
C11C227
Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations conferred by this Act.
Explanatory statements for certain powers: appropriateness, equalities etc.
28
1
This paragraph applies where—
a
b
a draft of such an instrument,
is to be laid before each House of Parliament.
2
Before the instrument or draft is laid, the relevant Minister must make a statement to the effect that in the Minister's opinion the instrument or draft does no more than is appropriate.
3
Before the instrument or draft is laid, the relevant Minister must make a statement as to why, in the Minister's opinion—
a
there are good reasons for the instrument or draft, and
b
the provision made by the instrument or draft is a reasonable course of action.
4
Before the instrument or draft is laid, the relevant Minister must make a statement—
a
as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and
b
if it does, explaining the effect of each such amendment, repeal or revocation.
5
Before the instrument or draft is laid, the relevant Minister must make a statement to the effect that, in relation to the instrument or draft, the Minister has, so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.
6
Before the instrument or draft is laid, the relevant Minister must make a statement otherwise explaining—
a
the instrument or draft,
b
its purpose,
c
the law before F130IP completion day which is relevant to it, and
d
its effect (if any) on F193assimilated law.
7
Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph (3) must (among other things) include an explanation of why, in the relevant Minister's opinion, there are good reasons for creating the offence and for the penalty provided in respect of it.
8
If the relevant Minister fails to make a statement required by sub-paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so.
9
A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.
10
For the purposes of this paragraph, where an instrument or draft is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
11
This paragraph does not apply in relation to any laying before each House of Parliament of an instrument or draft instrument where an equivalent draft instrument (ignoring any differences relating to procedure) has previously been laid before both Houses.
12
In this paragraph—
“equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts;
“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument.
29
1
This paragraph applies where—
a
a Scottish statutory instrument containing regulations under Part 1 F4... of Schedule 2, or
b
a draft of such an instrument,
is to be laid before the Scottish Parliament.
2
Before the instrument or draft is laid, the Scottish Ministers must make a statement to the effect that in the Scottish Ministers' opinion the instrument or draft does no more than is appropriate.
3
Before the instrument or draft is laid, the Scottish Ministers must make a statement as to why, in the Scottish Ministers' opinion—
a
there are good reasons for the instrument or draft, and
b
the provision made by the instrument or draft is a reasonable course of action.
4
Before the instrument or draft is laid, the Scottish Ministers must make a statement—
a
as to whether the instrument or draft amends, repeals or revokes any provision of equalities legislation, and
b
if it does, explaining the effect of each such amendment, repeal or revocation.
5
Before the instrument or draft is laid, the Scottish Ministers must make a statement to the effect that, in relation to the instrument or draft, the Scottish Ministers have, so far as required to do so by equalities legislation, had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.
6
Before the instrument or draft is laid, the Scottish Ministers must make a statement otherwise explaining—
a
the instrument or draft,
b
its purpose,
c
the law before F45IP completion day which is relevant to it, and
d
its effect (if any) on retained EU law.
7
Where an instrument or draft creates a criminal offence, the statement required by sub-paragraph (3) must (among other things) include an explanation of why, in the Scottish Ministers' opinion, there are good reasons for creating the offence and for the penalty provided in respect of it.
8
If the Scottish Ministers fail to make a statement required by sub-paragraph (2), (3), (4), (5) or (6) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.
9
A statement under sub-paragraph (2), (3), (4), (5), (6) or (8) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
10
In this paragraph “equalities legislation” means the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts.
Further explanatory statements in certain sub-delegation cases
30
1
This paragraph applies where—
a
a statutory instrument containing regulations under section 8(1) F84... or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or
b
a draft of such an instrument,
is to be laid before each House of Parliament.
2
Before the instrument or draft is laid, the relevant Minister must make a statement explaining why it is appropriate to create a relevant sub-delegated power.
3
If the relevant Minister fails to make a statement required by sub-paragraph (2) before the instrument or draft is laid, a Minister of the Crown must make a statement explaining why the relevant Minister has failed to do so.
4
A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Minister making it considers appropriate.
5
Sub-paragraphs (10) and (11) of paragraph 28 apply for the purposes of this paragraph as they apply for the purposes of that paragraph.
6
For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—
a
amending a power to legislate which is exercisable by statutory instrument by a relevant UK authority so that it becomes a relevant sub-delegated power, or
b
providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
7
In this paragraph—
“the relevant Minister” means the Minister of the Crown who makes, or is to make, the instrument;
“relevant sub-delegated power” means a power to legislate which—
- a
is not exercisable by any of the following—
- i
statutory instrument,
- ii
Scottish statutory instrument, or
- iii
statutory rule, or
- i
- b
is so exercisable by a public authority other than a relevant UK authority;
- a
“relevant UK authority” means a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority.
31
1
This paragraph applies where—
a
a Scottish statutory instrument containing regulations under Part 1 F123... of Schedule 2 or paragraph 1 of Schedule 4 which create a relevant sub-delegated power, or
b
a draft of such an instrument,
is to be laid before the Scottish Parliament.
2
Before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why it is appropriate to create a relevant sub-delegated power.
3
If the Scottish Ministers fail to make a statement required by sub-paragraph (2) before the instrument or draft is laid, the Scottish Ministers must make a statement explaining why they have failed to do so.
4
A statement under sub-paragraph (2) or (3) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
5
For the purposes of this paragraph references to creating a relevant sub-delegated power include (among other things) references to—
a
amending a power to legislate which is exercisable by Scottish statutory instrument by a member of the Scottish Government so that it becomes a relevant sub-delegated power, or
b
providing for any function of an EU entity or public authority in a member State of making an instrument of a legislative character to be exercisable instead as a relevant sub-delegated power by a public authority in the United Kingdom.
6
In this paragraph “relevant sub-delegated power” means a power to legislate which—
a
is not exercisable by Scottish statutory instrument, or
b
is so exercisable by a public authority other than a member of the Scottish Government.
Annual reports in certain sub-delegation cases
32
1
Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by a Minister of the Crown under section 8(1) F46... or paragraph 1 of Schedule 4 must—
a
if the power has been exercised during a relevant year, and
b
as soon as practicable after the end of the year,
prepare a report on how the power has been exercised during the year.
2
The person must—
a
lay the report before each House of Parliament, and
b
once laid—
i
provide a copy of it to a Minister of the Crown, and
ii
publish it in such manner as the person considers appropriate.
3
In this paragraph—
“relevant sub-delegated power” has the same meaning as in paragraph 30;
“relevant year” means—
- a
in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and
- b
in any other case, the calendar year.
- a
33
1
Each person by whom a relevant sub-delegated power is exercisable by virtue of regulations made by the Scottish Ministers by Scottish statutory instrument under Part 1 F116... of Schedule 2 or paragraph 1 of Schedule 4 must—
a
if the power has been exercised during a relevant year, and
b
as soon as practicable after the end of the year,
prepare a report on how the power has been exercised during the year.
2
The person must—
a
lay the report before the Scottish Parliament, and
b
once laid—
i
send a copy of it to the Scottish Ministers, and
ii
publish it in such manner as the person considers appropriate.
3
In this paragraph—
“relevant sub-delegated power” has the same meaning as in paragraph 31;
“relevant year” means—
- a
in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and
- b
in any other case, the calendar year.
- a
Further explanatory statements in urgency cases
34
1
This paragraph applies where a statutory instrument containing regulations under this Act is to be made by virtue of paragraph 5(2) or 19(2).
2
The Minister of the Crown who is to make the instrument must make a statement in writing explaining the reasons for the Minister's opinion that, by reason of urgency, it is necessary to make the regulations without a draft of the instrument containing them being laid before, and approved by a resolution of, each House of Parliament.
3
A statement under sub-paragraph (2) must be published before, or at the same time as, the instrument as made is laid before each House of Parliament.
4
If the Minister—
a
fails to make the statement required by sub-paragraph (2) before the instrument is made, or
b
fails to publish it as required by sub-paragraph (3),
a Minister of the Crown must make a statement explaining the failure.
5
A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Minister making it considers appropriate.
6
For the purposes of this paragraph, where an instrument is laid before each House of Parliament on different days, the earlier day is to be taken as the day on which it is laid before both Houses.
35
1
This paragraph applies where regulations are to be made by the Scottish Ministers under this Act by virtue of paragraph 6(2) F72....
2
The Scottish Ministers must make a statement in writing explaining the reasons for the Scottish Ministers' opinion that, by reason of urgency, it is necessary to make the regulations without them being subject to the affirmative procedure.
3
A statement under sub-paragraph (2) must be published before, or at the same time as, the regulations as made are laid before the Scottish Parliament.
4
If the Scottish Ministers—
a
fail to make the statement required by sub-paragraph (2) before the regulations are made, or
b
fail to publish it as required by sub-paragraph (3),
they must make a statement explaining the failure.
5
A statement under sub-paragraph (4) must be made in writing and be published in such manner as the Scottish Ministers consider appropriate.
Hybrid instruments
C12C136
If an instrument, or a draft of an instrument, containing regulations under this Act would, apart from this paragraph, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
Procedure on re-exercise of certain powers
37
1
A power to make regulations which, under this Schedule, is capable of being exercised subject to different procedures may (in spite of section 14 of the Interpretation Act 1978) be exercised, when revoking, amending or re-enacting an instrument made under the power, subject to a different procedure from the procedure to which the instrument was subject.
2
For the purposes of sub-paragraph (1) in its application to regulations under section 23(6) no procedure is also a procedure.
Combinations of instruments
38
1
Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made or its approval after it is made.
2
The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is subject to a procedure before Parliament that provides for the annulment of the instrument after it has been made.
3
Where regulations are included as mentioned in sub-paragraph (2), the procedure applicable to the statutory instrument is the procedure mentioned in sub-paragraph (1) and not the procedure mentioned in sub-paragraph (2).
4
Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the National Assembly for Wales as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to the National Assembly for Wales.
5
Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if the references to Parliament were references to the Northern Ireland Assembly.
6
Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly as well as a procedure before Parliament as they apply to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament but as if the references to Parliament were references to Parliament and the Scottish Parliament, the National Assembly for Wales or (as the case may be) the Northern Ireland Assembly.
7
This paragraph does not prevent the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act (and, accordingly, references in this Schedule to an instrument containing regulations are to be read as references to an instrument containing (whether alone or with other provision) regulations).
SCHEDULE 8Consequential, transitional, transitory and saving provision
Part 1General consequential provision
Existing ambulatory references to F185assimilated direct legislation
Words in Sch. 8 para. 1 cross-heading substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(15)(a) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
I671
1
a
exists in—
i
any enactment,
ii
any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or
iii
any document relating to anything falling within sub-paragraph (i) or (ii), and
b
is a reference to (as it has effect from time to time) any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3,
is to be read, on or after F131IP completion day, as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 and, unless the contrary intention appears, as modified by domestic law from time to time.
2
Sub-paragraph (1) does not apply to any reference F37so far as it forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation—
a
continues to be part of domestic law by virtue of section 2, and
b
is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.
3
Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.
F10Existing ambulatory references to relevant separation agreement law
Sch. 8 para. 1A and cross-heading inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(b)
1A
1
Any reference which, immediately before IP completion day—
a
exists in—
i
any enactment,
ii
any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or
iii
any document relating to anything falling within sub-paragraph (i) or (ii), and
b
is a reference to (as it has effect from time to time) any of the EU Treaties, any EU instrument or any other document of an EU entity,
is, if the treaty, instrument or document has effect on or after IP completion day by virtue of section 7A or 7B and so far as required for the purposes of relevant separation agreement law, to be read on or after that day as, or including, a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).
2
In sub-paragraph (1) “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).
3
Sub-paragraphs (1) and (2) are subject to any other provision made by or under this Act or any other enactment.
Other existing ambulatory references
C9I602
1
Any reference F120so far as it—
a
exists, immediately before F57IP completion day, in—
i
any enactment,
ii
any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or
iii
any document relating to anything falling within sub-paragraph (i) or (ii),
b
is not a reference to which paragraph 1(1) applies, and
c
is, immediately before F57IP completion day, a reference to (as it has effect from time to time) any of the EU Treaties, any EU instrument or any other document of an EU entity,
2
Sub-paragraph (1) does not apply to any reference F9so far as it forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation—
a
continues to be part of domestic law by virtue of section 2, and
b
is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.
F612A
Sub-paragraph (1) does not apply so far as any reference forms part of relevant separation agreement law.
3
Sub-paragraphs (1) F35to (2A) are subject to any other provision made by or under this Act or any other enactment.
F128Existing non-ambulatory references
Sch. 8 para. 2A and cross-heading inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(d) (as amended by S.I. 2020/1636, regs. 1(3), 4(2))
C82A
1
Any reference which, immediately before IP completion day—
a
exists in—
i
any enactment, or
ii
any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, and
b
is a reference to any of the EU Treaties, any EU instrument or any other document of an EU entity as it has effect at a particular time which is earlier than IP completion day,
is to be read, on or after IP completion day, in accordance with one or more of sub-paragraphs (2) to (4).
2
If the treaty, instrument or document has effect by virtue of section 7A or 7B on or after IP completion day and so far as required for the purposes of relevant separation agreement law, the reference is to be read on or after that day as, or as including, a reference to the treaty, instrument or document as it so has effect (including, so far as so required, as it has effect from time to time).
3
So far as—
a
the reference is a reference to—
i
any EU regulation, EU decision or EU tertiary legislation,
ii
any provision of the EEA agreement, or
iii
any part of anything falling within sub-paragraph (i) or (ii),
b
what has been referred to (“the subject law”) is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and
c
there has been no relevant modification of the subject law after the particular time and before IP completion day (or, where the subject law forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, before exit day),
the reference is to be read, on or after IP completion day, as a reference to the subject law as it forms part of domestic law by virtue of section 3 or (as the case may be) section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020.
4
So far as the reference is not to be read in accordance with sub-paragraphs (2) and (3), the reference is to be read, on or after IP completion day, as a reference to the treaty, instrument or document as it had effect in EU law at the particular time.
5
Sub-paragraph (3) does not determine whether, where the subject law is modified by domestic law on or after IP completion day, the reference is to be read as a reference to the subject law as modified; but, where the subject law forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 and is modified by domestic law before IP completion day, the reference is to be read by virtue of sub-paragraph (3) as a reference to the subject law as so modified.
6
This paragraph is subject to any provision made by or under this Act or any other enactment.
6A
This paragraph does not apply to a reference in—
a
the Direct Payments to Farmers (Legislative Continuity) Act 2020 or any subordinate legislation made under that Act, or
b
any F194assimilated direct CAP legislation (within the meaning given by section 2(10) of that Act).
7
In this paragraph—
“relevant modification” means any modification in EU law which—
- a
is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and
- b
would, if the reference were to the subject law as modified, result in an alteration to the effect of the reference (ignoring any alteration which is irrelevant in the context concerned);
- a
“the subject law” has the meaning given by sub-paragraph (3)(b);
“treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).
Existing powers to make subordinate legislation etc.
I119C10I373
1
Any power to make, confirm or approve subordinate legislation which—
a
was conferred before the day on which this Act is passed, F155...
F155b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I121C10I47C154
F1591
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1594
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1595
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1575A
Any subordinate legislation which is (or is to be) made, confirmed or approved by virtue of paragraph 3 is subject to the same procedure (if any) before Parliament, the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as would apply to that legislation if it were amending or revoking an enactment contained in subordinate legislation made under a different power.
6
Any provision which may be made, confirmed or approved by virtue of paragraph 3 may be included in the same instrument as any other provision which may be so made, confirmed or approved.
7
Where more than one procedure of a kind falling within sub-paragraph (8) would otherwise apply in the same legislature for an instrument falling within sub-paragraph (6), the higher procedure is to apply in the legislature concerned.
8
The order of procedures is as follows (the highest first)—
a
a procedure which requires a statement of urgency before the instrument is made and the approval of the instrument after it is made to enable it to remain in force,
b
a procedure which requires the approval of the instrument in draft before it is made,
c
a procedure not falling within paragraph (a) which requires the approval of the instrument after it is made to enable it to come into, or remain in, force,
d
a procedure which provides for the annulment of the instrument after it is made,
e
a procedure not falling within any of the above paragraphs which provides for the laying of the instrument after it is made,
f
no procedure.
9
F15810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1665
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1676
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I120C10I93F397
Any power to make, confirm or approve subordinate legislation which, immediately before exit day, is subject to an implied restriction that it is exercisable only compatibly with EU law is to be read—
a
on or after exit day, without that restriction, and
b
on or after IP completion day, without any corresponding restriction in relation to compatibility with F197assimilated law,
so far as the restriction concerned is not applicable to and in the United Kingdom by virtue of the withdrawal agreement.
I118C10I968
1
Paragraphs 3 to 7 and this paragraph—
a
do not prevent the conferral of wider powers,
F100b
... and
c
are subject to any other provision made by or under this Act or any other enactment.
2
For the purposes of paragraphs 3 and 5—
a
a power is conferred whether or not it is in force, and
b
a power in F198assimilated direct legislation is not conferred before the day on which this Act is passed.
3
A power which, by virtue of paragraph 3 or 5 or any Act of Parliament passed before, and in the same Session as, this Act, is capable of being exercised to modify any retained EU law is capable of being so exercised before F85IP completion day so as to come into force on or after F85IP completion day.
Review provisions in existing subordinate legislation
I729
1
In carrying out a review of a provision of subordinate legislation on or after F97IP completion day (whether under provision made in accordance with section 28 of the Small Business, Enterprise and Employment Act 2015 or otherwise), a person is not required, by any F16pre-IP completion day enactment, to have regard to how any former EU obligation is implemented elsewhere than in the United Kingdom.
2
In this paragraph—
“former EU obligation” means an obligation by which the United Kingdom is, as a result of the United Kingdom's withdrawal from the EU, no longer bound at the time of the review;
“F99pre-IP completion day enactment” means an Act passed, or subordinate legislation made, before F106IP completion day;
“subordinate legislation” does not include an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales.
Future powers to make subordinate legislation
F16810
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15011A
—
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 F200assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F201assimilated direct principal legislation F203... only if—
a
the modification is—
ii
supplementary, incidental or consequential in connection with any modification of any F200assimilated direct minor legislation, or
b
the power is a power to make, confirm or approve transitional, transitory or saving provision.
F15011B
—
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 F205assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F206assimilated direct principal legislation F208... only if—
a
the modification is—
ii
supplementary, incidental or consequential in connection with any modification of any F205assimilated 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.
I122C7I6412
1
a
do not prevent the conferral of wider powers,
F122b
... 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 F209assimilated 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 F31this Act and before IP completion day, is capable of being exercised to modify any retained EU law is capable of being so exercised before F127IP completion day so as to come into force on or after F127IP completion day.
F1514
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 F210....
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).
F148...
Sch. 8 para. 13 cross-heading omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1), 22(1)(d) (with s. 10(3))
F14513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149...
Sch. 8 para. 14 cross-heading omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(1), 22(1)(d) (with s. 10(3))
F14614
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA
F14715
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7016
1
This paragraph applies where, on or after F60IP completion day—
a
a Scottish statutory instrument which amends or revokes any subordinate legislation made under section 2(2) of the European Communities Act 1972, or
b
a draft of such an instrument,
is to be laid before the Scottish Parliament.
2
Before the instrument or draft is laid, the relevant authority must make a statement as to why, in the opinion of the relevant authority, there are good reasons for the amendment or revocation.
3
Before the instrument or draft is laid, the relevant authority must make a statement otherwise explaining—
a
the law which is relevant to the amendment or revocation, and
b
the effect of the amendment or revocation on F211assimilated law.
4
If the relevant authority fails to make a statement required by sub-paragraph (2) or (3) before the instrument or draft is laid, the relevant authority must make a statement explaining why the relevant authority has failed to make the statement as so required.
5
A statement under sub-paragraph (2), (3) or (4) must be made in writing and be published in such manner as the relevant authority considers appropriate.
6
This paragraph applies in relation to instruments whether the power to make them is conferred before, on or after F40IP completion day including where the power is conferred by regulations under this Act (but not where it is conferred by this Act).
F1547
The references in this paragraph to subordinate legislation made under section 2(2) of the European Communities Act 1972—
a
do not include references to any provision of such legislation which is made (whether or not by way of amendment) otherwise than under section 2(2) of that Act, and
b
do include references to subordinate legislation made otherwise than under section 2(2) of that Act so far as that legislation is amended by provision made under that section (but do not include references to any primary legislation so far as so amended).
8
In this paragraph “the relevant authority” means—
a
in the case of a Scottish statutory instrument which is not made by the Scottish Ministers, other than an Order in Council, the person who makes, or is to make, the instrument, and
b
in any other case, the Scottish Ministers.
F889
This paragraph does not apply where the amendment or revocation of subordinate legislation is for the purposes of—
a
the withdrawal agreement (other than Part 4 of that agreement),
b
the EEA EFTA separation agreement, F43...
c
the Swiss citizens' rights agreement F3, or
d
a future relationship agreement.
Part 2Specific consequential provision
Finance Act 1973
I9417
In section 56 of the Finance Act 1973 (charges for services etc. by Government departments), in subsection (1), omit “any EU obligation or”.
Interpretation Act 1978
I1118
The Interpretation Act 1978 is amended as follows.
I8319
In section 21(1) (meaning of “subordinate legislation”) after “any Act” insert “ or made or to be made on or after exit day under any retained direct EU legislation F6other than retained direct EU CAP legislation as so defined ”
.
I1220
After section 23 (application to other instruments) insert—
23ZARetained direct EU legislation
1
The provisions of this Act (except sections 1 to 4, 13 and 19(2)) apply, so far as applicable and unless the contrary intention appears, to any retained direct EU legislation so far as it—
a
is amended by an Act, subordinate legislation or devolution legislation, and
b
is not subordinate legislation,
as they apply to an Act passed at the corresponding time.
2
In their application by virtue of subsection (1)—
a
section 10 has effect as if the reference to the passing of the Act were a reference to the corresponding time,
b
section 11 has effect as if the second reference to an Act included a reference to the retained direct EU legislation so far as unamended (as well as a reference to that legislation so far as amended), and
c
section 16(1) has effect as if the reference to the repealing Act not being passed were a reference to the repeal not having been made.
3
References in this Act to the repeal of an enactment are to be read, in the case of an enactment which is retained direct EU legislation, as references to the revocation of the enactment.
4
In Schedule 1—
a
in the definition of “Commencement”, the references to an enactment do not include any retained direct EU legislation other than—
i
any such legislation to which subsection (1) applies, or
ii
any instrument made on or after exit day under any retained direct EU legislation, and
b
in the definitions of “The Corporation Tax Acts” and “The Income Tax Acts”, the references to an enactment do not include any retained direct EU legislation.
5
For the application of this Act to retained direct EU legislation which is subordinate legislation, see section 23(1) and (2).
6
In this section—
“corresponding time” means the time when the amending Act, subordinate legislation or devolution legislation was passed or (as the case may be) made, and
“devolution legislation” means—
- a
an Act of the Scottish Parliament,
- b
a Measure or Act of the National Assembly for Wales,
- c
Northern Ireland legislation (for the meaning of which see section 24(5)), or
- d
an instrument made under anything falling within paragraph (a), (b) or (c).
I3321
In section 24 (application to Northern Ireland), in subsection (4)—
a
omit “and related expressions”,
b
after “Corporation Tax Acts;” insert—
E.C.S.C. Treaty;
E.E.C. Treaty;
c
after “state;” insert—
Entry date;
The EU or the European Union;
EU institution;
EU instrument;
Euratom, Economic Community and Coal and Steel Community;
Euratom Treaty;
European Court;
d
after “Income Tax Acts;” insert— “
Member (in the expression “member State”);
”
, and
e
after “The Tax Acts” insert
;
The Treaties or the EU Treaties
I1322
In Schedule 1 (words and expressions defined)—
I100a
omit “ “The EU” or “the EU Treaties” and other expressions defined by section 1 of and Schedule 1 to the European Communities Act 1972 have the meanings prescribed by that Act.”,
b
omit the definition of “EEA agreement”,
c
omit the definition of “EEA state”,
I56d
in the definition of “enactment”, before “does” insert “
includes any retained direct EU legislation but
”
, and
e
at the end insert—
Definitions relating to the EU and the United Kingdom's withdrawal
“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.
“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.
“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct EU legislation. [8 January 2007]
“EEA state”, in relation to a time, means—
- a
a state which at that time is a member State, or
- b
any other state which at that time is a party to the EEA agreement. [8 January 2007]
“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.
“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).
“The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.
“EU institution” means any institution of the EU.
“EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation.
“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).
“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.
“European Court” means the Court of Justice of the European Union.
“Exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).
“Member”, in the expression “member State”, refers to membership of the EU.
“Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act).
“Retained EU obligation” means an obligation that—
- a
was created or arose by or under the EU Treaties before exit day, and
- b
forms part of retained EU law,
as modified from time to time.
“The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day.
European Economic Area Act 1993
I3823
The European Economic Area Act 1993 is amended as follows.
I2524
Omit section 1 (EEA agreement to be an EU Treaty).
I7525
1
Section 2 (consistent application of law to the whole of the EEA) is amended as follows.
2
In subsection (3)—
a
in paragraph (a), after “Act” insert “
as at immediately before exit day
”
, and
b
omit paragraph (b), the “or” before that paragraph and the words after that paragraph.
3
After that subsection insert—
3A
This section is subject to any amendment, repeal, revocation or other modification of retained EU law on or after exit day.
4
Omit subsections (4) to (6).
I5126
1
Section 3 (general implementation of the EEA agreement) is amended as follows.
2
In subsection (3)—
a
in paragraph (a), after “Act” insert “
as at immediately before exit day
”
, and
b
omit paragraph (b), the “or” before that paragraph and the words after that paragraph.
3
After subsection (4) insert—
4A
This section is subject to any amendment, repeal, revocation or other modification of retained EU law on or after exit day.
I11527
Omit section 4 (modification of section 3 of the European Communities Act 1972).
I3128
In section 6 (interpretation), in subsection (1), in the definition of “the 1972 Act”, after “1972” insert (before its repeal by section 1 of the European Union (Withdrawal) Act 2018)”.
Criminal Procedure (Scotland) Act 1995
I9929
1
Section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of Advocate General to take part in proceedings) is amended as follows.
F822
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In subsection (3), omit paragraph (c).
Human Rights Act 1998
I10230
1
This paragraph has effect for the purposes of the Human Rights Act 1998.
2
Any F213assimilated direct principal legislation is to be treated as primary legislation.
3
Any F212assimilated direct minor legislation is to be treated as primary legislation so far as it amends any primary legislation but otherwise is to be treated as subordinate legislation.
4
In this paragraph “amend”, “primary legislation” and “subordinate legislation” have the same meaning as in the Human Rights Act 1998.
Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
I1431
The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.
I1532
1
Section 1 (application of Part 1 of the Act) is amended as follows.
2
In subsection (1)—
a
in paragraph (b), after “day” insert “
, in the case of Scottish instruments made as mentioned in paragraph (a) or (b) of the definition of “Scottish instrument” in subsection (4),
”
, and
b
after paragraph (b) (but before the “and” at the end of that paragraph) insert—
ba
Scottish instruments made on or after exit day, in the case of Scottish instruments made as mentioned in paragraph (c) or (d) of the definition of “Scottish instrument” in subsection (4),
3
In subsection (4)—
a
omit the “or” at the end of paragraph (a), and
b
after paragraph (b) insert—
c
an Act of the Scottish Parliament (whenever passed) and any retained direct EU legislation (whenever made), or
d
an Act of the Scottish Parliament and an Act of Parliament (in each case, whenever passed) and any retained direct EU legislation (whenever made).
4
After subsection (9) insert—
10
In this section “exit day” (and related expressions) and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).
I1633
In section 30 (other instruments laid before the Scottish Parliament), after subsection (6), insert—
7
This section does not apply in relation to any regulations made in accordance with paragraph 6 of Schedule 7 to the European Union (Withdrawal) Act 2018 (including that paragraph as applied by paragraph 19(7) of that Schedule).
I1734
In section 37 (interpretation of Part 2 of the Act)—
a
in the definition of “enactment”, at the end insert “
and any retained direct EU legislation
”
,
b
after that definition insert—
“retained direct EU legislation” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act),
c
at the end insert—
“subordinate legislation” includes an instrument made or to be made under any retained direct EU legislation on or after exit day (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act)).
I8635
In Schedule 1 (definitions of words and expressions)—
a
omit from “the EU” to “meanings given by that Act”, and
b
at the end insert—
Definitions relating to the EU
“The Communities” means Euratom, the Economic Community and the Coal and Steel Community, but a reference to any or all of those Communities is to be treated as being or including (as the context requires) a reference to the EU.
“E.C.S.C. Treaty” means the Treaty establishing the European Coal and Steel Community, signed at Paris on 18 April 1951.
“E.E.C. Treaty” means the Treaty establishing the European Economic Community, signed at Rome on 25 March 1957.
“Entry date” means the date on which the United Kingdom became a member of the Communities (which neither includes nor is a reference to the EU).
“The EU” or “the European Union” means the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom.
“EU institution” means any institution of the EU.
“EU instrument” means any instrument issued by an EU institution other than any retained direct EU legislation (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act)).
“Euratom”, “Economic Community” and “Coal and Steel Community” mean respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities).
“Euratom Treaty” means the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957.
“European Court” means the Court of Justice of the European Union.
“Member”, in the expression “member State”, refers to membership of the EU.
“The Treaties” or “the EU Treaties” means the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day (within the meaning of that Act (see section 20(1) to (5) of that Act)).
Small Business, Enterprise and Employment Act 2015
I1836
In section 30 of the Small Business, Enterprise and Employment Act 2015 (meaning of “provision for review”), in subsection (3)—
a
omit “EU obligation or any other”, and
b
omit “Member States or”.
Part 3General transitional, transitory or saving provision
Continuation of existing acts etc.
I80F10436A
1
Anything done—
a
in connection with anything which continues to be domestic law by virtue of section 1A(2) or 1B(2), or
b
for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,
if in force or effective immediately before exit day, continues to be in force or effective on and after exit day.
2
Anything done—
a
in connection with anything which continues to be domestic law by virtue of section 1A(2) or 1B(2), or
b
for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,
which, immediately before exit day, is in the process of being done continues to be done on and after exit day.
3
Sub-paragraphs (1) and (2) are subject to—
a
sections 1 to 1B and the withdrawal of the United Kingdom from the EU,
b
any provision made under section 23(6) of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, and
c
any other provision made by or under this Act, the European Union (Withdrawal Agreement) Act 2020 or any other enactment.
4
References in this paragraph to anything done include references to anything omitted to be done.
I8137
C31
Anything done—
a
in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or
b
for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,
if in force or effective immediately before F52IP completion day, continues to be in force or effective on and after exit day.
2
Anything done—
a
in connection with anything which continues to be, or forms part of, domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or
b
for a purpose mentioned in section 2(2)(a) or (b) of the European Communities Act 1972 or otherwise related to the EU or the EEA,
which, immediately before exit day, is in the process of being done continues to be done on and after F63IP completion day.
3
Sub-paragraphs (1) and (2) are subject to—
a
F125sections 1 to 1B and the withdrawal of the United Kingdom from the EU,
b
sections 2 to F87C and Schedule 1,
c
any provision made under section 23(6) F33of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, and
d
any other provision made by or under this Act F137, the European Union (Withdrawal Agreement) Act 2020 or any other enactment.
4
References in this paragraph to anything done include references to anything omitted to be done.
Part 4Specific transitional, transitory and saving provision
Retention of F86saved EU law at end of implementation period
Words in Sch. 8 para. 38 cross-heading substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 56(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
F6537A
The repeal of section 1A(1) to (4) by section 1A(5) and the repeal of section 1B(1) to (5) by section 1B(6) do not prevent an enactment to which section 2 applies from continuing to be read, on and after IP completion day and by virtue of section 2, in accordance with section 1B(3) or (4).
I5938
Section 4(2)(b) does not apply in relation to any rights, powers, liabilities, obligations, restrictions, remedies or procedures so far as they are of a kind recognised by a court or tribunal in the United Kingdom in a case decided on or after F83IP completion day but begun before F83IP completion day (whether or not as an essential part of the decision in the case).
I10539
1
Subject as follows and subject to F59relevant separation agreement law (for which see section 7C) and any provision made by regulations under section 23(6) F108of this Act or section 41(5) of the European Union (Withdrawal Agreement) Act 2020, section 5(4) and paragraphs F2141 and 4 of Schedule 1 apply in relation to anything occurring before F42IP completion day (as well as anything occurring on or after F42IP completion day).
2
3
4
F2185
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2186
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Main powers in connection with withdrawal
I1940
The prohibition on making regulations under section F266(5A), 8, F738AF80... or 23(1) or F68Part 1 or 1A of Schedule 2 after a particular time does not affect the continuation in force of regulations made at or before that time (including the exercise after that time of any power conferred by regulations made at or before that time).
Devolution
I441
I771
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 F93IP completion day,
b
any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before F93IP completion day, or
c
any other subordinate legislation made before F93IP completion day.
I772
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 F93IP completion day.
I663
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 F93IP completion day if the provision—
a
comes into force on or after F93IP 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 F93IP completion day, on or after F93IP completion day) if the provision were made and the regulations were in force at that time.
I664
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 F93IP completion day if the provision—
a
comes into force on or after F93IP 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 F93IP completion day, on or after F93IP completion day) if the provision were made and the regulations were in force at that time.
I665
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 F93IP completion day if the provision—
a
comes into force on or after F93IP 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 F93IP completion day, on or after F93IP completion day) if the provision were made and the regulations were in force at that time.
I666
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 F93IP completion day of any subordinate legislation if the legislation—
a
comes into force on or after F93IP 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.
I667
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 F93IP completion day of any subordinate legislation if the legislation—
a
comes into force on or after F93IP 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.
I668
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 F93IP completion day of any subordinate legislation if the legislation—
a
comes into force on or after F93IP 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.
I669
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 F93IP 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.
I11342
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 F81IP 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.
F2443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provision
44
1
The definition of “relevant criminal offence” in section 20(1) is to be read, until the appointed day, as if for the words “the age of 18 (or, in relation to Scotland or Northern Ireland, 21)” there were substituted “
the age of 21
”
.
2
In sub-paragraph (1), “the appointed day” means the day on which the amendment made to section 81(3)(a) of the Regulation of Investigatory Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force.
I7345
1
The amendment made by paragraph 17 does not affect whether the payment of any fees or other charges may be required under section 56 of the Finance Act 1973 in connection with a service or facilities provided, or an authorisation, certificate or other document issued, before that amendment comes into force.
2
Sub-paragraph (3) applies where—
a
immediately before the amendment made by paragraph 17 comes into force, the payment of fees or other charges could be required, under section 56 of the Finance Act 1973, in connection with the provision of a service or facilities, or issuing an authorisation, certificate or other document, in pursuance of an EU obligation, and
b
after the amendment made by paragraph 17 comes into force—
i
regulations made under that section (whether or not modified under Part 2 of Schedule 4 or otherwise) prescribing the fees or charges, or under which the fees or charges are to be determined, form part of F219assimilated law, and
ii
the service or facilities are provided, or the authorisation, certificate or other document is issued, under or in connection with F220assimilated law.
3
Despite the amendment made by paragraph 17, the payment of fees or other charges may be required, under that section and in accordance with the regulations, in connection with the provision of the service or facilities, or the issuing of the authorisation, certificate or other document.
I20I48I108I79SCHEDULE 9Additional repeals
Sch. 9 in force at 4.7.2018 for specified purposes and for further specified purposes on exit day by S.I. 2018/808, regs. 3(i), 4(b) (with regs. 6-8)
Sch. 9 in force at 31.12.2020 for specified purposes by S.I. 2018/808, reg. 4(b) (as amended by S.I. 2020/74, reg. 3(2)(3))
Sch. 9 in force at 31.12.2020 for specified purposes by S.I. 2020/1622, reg. 2(b) (with reg. 22)
Sch. 9 in force at 31.12.2020 in so far as not already in force by S.I. 2020/1622, reg. 3(o) (with regs. 8, 9, 22)
Short title | Extent of repeal |
|---|---|
European Parliamentary Elections Act 2002 | The whole Act. |
European Parliament (Representation) Act 2003 | The whole Act. |
European Union (Amendment) Act 2008 | The whole Act. |
European Union Act 2011 | The whole Act. |
European Union (Approval of Treaty Amendment Decision) Act 2012 | The whole Act. |
European Union (Approvals) Act 2013 | The whole Act. |
European Union (Approvals) Act 2014 | The whole Act. |
Serious Crime Act 2015 | Section 82. |
Section 88(5)(c). | |
European Union (Finance) Act 2015 | The whole Act. |
European Union (Approvals) Act 2015 | The whole Act. |
Words in Sch. 1 substituted (31.1.2020 for specified purposes, 31.12.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 25(6)(a), 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(h); S.I. 2020/1622, reg. 5(d)