European Union (Withdrawal) Act 2018

Repeal of the ECA

Repeal of the European Communities Act 1972

1

The European Communities Act 1972 is repealed on exit day.

Retention of saved EU law at end of implementation period

Saving for EU-derived domestic legislation

2

• (1) EU-derived domestic legislation, as it has effect in domestic law immediately before IP completion day, continues to have effect in domestic law on and after IP completion day.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) and section 5A (savings and incorporation: supplementary).

Incorporation of direct EU legislation

3

• (1) Direct EU legislation, so far as operative immediately before IP completion day, forms part of domestic law on and after IP completion day.

• (2) In this Act “direct EU legislation” means—

• (a) any EU regulation, EU decision or EU tertiary legislation, as it has effect in EU law immediately before IP completion day and so far as—

• (ai) it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

• (bi) it neither has effect nor is to have effect by virtue of section 7A or 7B,

• (i) it is not an exempt EU instrument (for which see section 20(1) and Schedule 6), and

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) its effect is not reproduced in an enactment to which section 2(1) applies,

• (b) any Annex to the EEA agreement, as it has effect in EU law immediately before IP completion day and so far as—

• (ai) it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

• (bi) it neither has effect nor is to have effect by virtue of section 7A or 7B,

• (i) it refers to, or contains adaptations of, anything falling within paragraph (a), and

• (ii) its effect is not reproduced in an enactment to which section 2(1) applies, or

• (c) Protocol 1 to the EEA agreement (which contains horizontal adaptations that apply in relation to EU instruments referred to in the Annexes to that agreement), as it has effect in EU law immediately before IP completion day and so far as—

• (i) it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

• (ii) it neither has effect nor is to have effect by virtue of section 7A or 7B.

• (3) For the purposes of this Act, any direct EU legislation is operative immediately before IP completion day if—

• (a) in the case of anything which comes into force at a particular time and is stated to apply from a later time, it is in force and applies immediately before IP completion day,

• (b) in the case of a decision which specifies to whom it is addressed, it has been notified to that person before IP completion day, and

• (c) in any other case, it is in force immediately before IP completion day.

• (4) This section—

• (a) brings into domestic law any direct EU legislation only in the form of the English language version of that legislation, and

• (b) does not apply to any such legislation for which there is no such version,

but paragraph (a) does not affect the use of the other language versions of that legislation for the purposes of interpreting it.

• (5) This section is subject to section 5 and Schedule 1 (exceptions to savings and incorporation) and section 5A (savings and incorporation: supplementary).

Saving for rights etc. under section 2(1) of the ECA

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions to savings and incorporation

5

• (A1) The principle of the supremacy of EU law is not part of domestic law.

This applies after the end of 2023, in relation to any enactment or rule of law (whenever passed or made).

• (A2) Any provision of assimilated direct legislation—

• (a) must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and

• (b) is subject to all domestic enactments, so far as it is incompatible with them.

• (A3) Subsection (A2) is subject to—

• (a) section 186 of the Data Protection Act 2018 (data subject’s rights and other prohibitions and restrictions) (and see also section 183B(3) of that Act);

• (b) regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 .

• (A4) No general principle of EU law is part of domestic law after the end of 2023.

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Charter of Fundamental Rights is not part of domestic law on or after IP completion day.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

• (7) Subsections (A1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).

• (8) In this section “domestic enactment” means an enactment other than one consisting of assimilated direct legislation.

Interpretation of retained EU law

6

• (1) A court or tribunal—

• (a) is not bound by any principles laid down, or any decisions made, on or after IP completion day by the European Court, and

• (b) cannot refer any matter to the European Court on or after IP completion day.

• (2) Subject to this and subsections (3) to (6), a court or tribunal may have regard to anything done on or after IP completion day by the European Court, another EU entity or the EU so far as it is relevant to any matter before the court or tribunal.

• (3) Any question as to the validity, meaning or effect of any assimilated law is to be decided, so far as that law is unmodified on or after IP completion day and so far as they are relevant to it—

• (a) in accordance with any assimilated case law ..., and

• (b) having regard (among other things) to the limits, immediately before IP completion day, of EU competences.

• (4) But—

• (a) the Supreme Court is not bound by any assimilated EU case law,

• (b) the High Court of Justiciary is not bound by any assimilated EU case law when—

• (i) sitting as a court of appeal otherwise than in relation to a compatibility issue (within the meaning given by section 288ZA(2) of the Criminal Procedure (Scotland) Act 1995) or a devolution issue (within the meaning given by paragraph 1 of Schedule 6 to the Scotland Act 1998), or

• (ii) sitting on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995,

• (ba) a relevant court or relevant tribunal is not bound by any assimilated EU case law so far as is provided for by regulations under subsection (5A), and

• (c) no court or tribunal is bound by any assimilated domestic case law that it would not otherwise be bound by.

• (5) In deciding whether to depart from any assimilated EU case law by virtue of subsection (4)(a) or (b), the Supreme Court or the High Court of Justiciary must apply the same test as it would apply in deciding whether to depart from its own case law.

• (5A) A Minister of the Crown may by regulations provide for—

• (a) a court or tribunal to be a relevant court or (as the case may be) a relevant tribunal for the purposes of this section,

• (b) the extent to which, or circumstances in which, a relevant court or relevant tribunal is not to be bound by retained EU case law,

• (c) the test which a relevant court or relevant tribunal must apply in deciding whether to depart from any retained EU case law, or

• (d) considerations which are to be relevant to—

• (i) the Supreme Court or the High Court of Justiciary in applying the test mentioned in subsection (5), or

• (ii) a relevant court or relevant tribunal in applying any test provided for by virtue of paragraph (c) above.

• (5B) Regulations under subsection (5A) may (among other things) provide for—

• (a) the High Court of Justiciary to be a relevant court when sitting otherwise than as mentioned in subsection (4)(b)(i) and (ii),

• (b) the extent to which, or circumstances in which, a relevant court or relevant tribunal not being bound by retained EU case law includes (or does not include) that court or tribunal not being bound by retained domestic case law which relates to retained EU case law,

• (c) other matters arising in relation to retained domestic case law which relates to retained EU case law (including by making provision of a kind which could be made in relation to retained EU case law), or

• (d) the test mentioned in paragraph (c) of subsection (5A) or the considerations mentioned in paragraph (d) of that subsection to be determined (whether with or without the consent of a Minister of the Crown) by a person mentioned in subsection (5C)(a) to (e) or by more than one of those persons acting jointly.

• (5C) Before making regulations under subsection (5A), a Minister of the Crown must consult—

• (a) the President of the Supreme Court,

• (b) the Lord Chief Justice of England and Wales,

• (c) the Lord President of the Court of Session,

• (d) the Lord Chief Justice of Northern Ireland,

• (e) the Senior President of Tribunals, and

• (f) such other persons as the Minister of the Crown considers appropriate.

• (5D) No regulations may be made under subsection (5A) after IP completion day.

• (6) Subsection (3) does not prevent the validity, meaning or effect of any assimilated law which has been modified on or after IP completion day from being decided as provided for in that subsection if doing so is consistent with the intention of the modifications.

• (6A) Subsections (1) to (6) are subject to relevant separation agreement law (for which see section 7C).

• (7) In this Act—

• “assimilated case law” means—assimilated domestic case law, andassimilated EU case law;

• “assimilated domestic case law” means any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before IP completion day and so far as they—relate to anything to which section 2 or 3 applies, andare not excluded by section 5 or Schedule 1,(as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

• “assimilated EU case law” means any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before IP completion day and so far as they—relate to anything to which section 2 or 3 applies, andare not excluded by section 5 or Schedule 1,(as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

• “assimilated law” means anything which, on or after IP completion day, continues to be, or forms part of, domestic law by virtue of section 2 or 3 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time);

• ...

• ...

• ...

• ...

• ...

Status of retained EU law

7

• (1) Anything which—

• (a) was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

• (b) continues to be domestic law on and after exit day by virtue of section 1A(2) or 1B(2),

continues to be domestic law as an enactment of the same kind.

• (1A) Anything which—

• (a) was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

• (b) continues to be domestic law on and after IP completion day by virtue of section 2,

continues to be domestic law as an enactment of the same kind.

• (4A) Assimilated direct legislation ... may only be modified by—

• (a) primary legislation, or

• (b) subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

• (i) paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,

• (ii) any other provision made by or under this Act,

• (iii) any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

• (iv) any provision made on or after the passing of this Act by or under primary legislation.

• (5) For other provisions about the status of assimilated law, see—

• (a) section 5 (A1) to (A3) and (7) (status of assimilated law in relation to other enactments or rules of law),

• (b) section 6 (status of assimilated case law ...),

• (ba) section 7C (status of case law of European Court etc. in relation to assimilated law which is relevant separation agreement law),

• (c) section 15(2) and Part 2 of Schedule 5 (status of assimilated law for the purposes of the rules of evidence),

• (d) paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),

• (e) paragraphs 19 and 20 of that Schedule (status of certain assimilated direct legislation for the purposes of the Interpretation Act 1978), and

• (f) paragraph 30 of that Schedule (status of assimilated direct legislation for the purposes of the Human Rights Act 1998).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Main powers in connection with withdrawal

Dealing with deficiencies arising from withdrawal

8

• (1) A Minister of the Crown may by regulations make such provision as the Minister 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) Deficiencies in retained EU law are where the Minister considers that retained EU law—

• (a) contains anything which has no practical application in relation to the United Kingdom or any part of it or is otherwise redundant or substantially redundant,

• (b) confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it,

• (c) makes provision for, or in connection with, reciprocal arrangements between—

• (i) the United Kingdom or any part of it or a public authority in the United Kingdom, and

• (ii) the EU, an EU entity, a member State or a public authority in a member State,

which no longer exist or are no longer appropriate,

• (d) makes provision for, or in connection with, other arrangements which—

• (i) involve the EU, an EU entity, a member State or a public authority in a member State, or

• (ii) are otherwise dependent upon the United Kingdom's membership of the EU or Part 4 of the withdrawal agreement,

and which no longer exist or are no longer appropriate,

• (e) makes provision for, or in connection with, any reciprocal or other arrangements not falling within paragraph (c) or (d) which no longer exist, or are no longer appropriate, as a result of the United Kingdom ceasing to be a party to any of the EU Treaties or as a result of either the end of the implementation period or any other effect of the withdrawal agreement,

• (ea) is not clear in its effect as a result of the operation of any provision of sections 2 to 6 or Schedule 1,

• (f) does not contain any functions or restrictions which—

• (i) were in an EU directive and in force immediately before IP completion day (including any power to make EU tertiary legislation), and

• (ii) it is appropriate to retain, or

• (g) contains EU references which are no longer appropriate.

• (3) There is also a deficiency in retained EU law where the Minister considers that there is—

• (a) anything in retained EU law which is of a similar kind to any deficiency which falls within subsection (2), or

• (b) a deficiency in retained EU law of a kind described, or provided for, in regulations made by a Minister of the Crown.

• (4) But retained EU law is not deficient merely because it does not contain any modification of EU law which is adopted or notified, comes into force or only applies on or after IP completion day.

• (5) Regulations under subsection (1) may make any provision that could be made by an Act of Parliament.

• (6) Regulations under subsection (1) may (among other things) provide for functions of EU entities or public authorities in member States (including making an instrument of a legislative character or providing funding) to be—

• (a) exercisable instead by a public authority (whether or not established for the purpose) in the United Kingdom, or

• (b) replaced, abolished or otherwise modified.

• (7) But regulations under subsection (1) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

• (g) 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) No regulations may be made under this section after the end of the period of two years beginning with IP completion day.

• (9) The reference in subsection (1) to a failure or other deficiency arising from the withdrawal of the United Kingdom from the EU includes a reference to any failure or other deficiency arising from —

• (a) any aspect of that withdrawal, including (among other things)—

• (i) the end of the implementation period, or

• (ii) any other effect of the withdrawal agreement, or

• (b) that withdrawal, or any such aspect of it, taken together with the operation of any provision, or the interaction between any provisions, made by or under this Act or the European Union (Withdrawal Agreement) Act 2020.

Implementing the withdrawal agreement

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Devolution

Continuation of North-South co-operation and the prevention of new border arrangements

10

• (1) In exercising any of the powers under this Act, a Minister of the Crown or devolved authority must—

• (a) act in a way that is compatible with the terms of the Northern Ireland Act 1998, and

• (b) have due regard to the joint report from the negotiators of the EU and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 of the Treaty on European Union.

• (2) Nothing in section 8 ... or 23(1) or (6) of this Act authorises regulations which—

• (a) diminish any form of North-South cooperation provided for by the Belfast Agreement ..., or

• (b) create or facilitate border arrangements between Northern Ireland and the Republic of Ireland after exit day which feature physical infrastructure, including border posts, or checks and controls, that did not exist before exit day and are not in accordance with an agreement between the United Kingdom and the EU.

• (3) A Minister of the Crown may not agree to the making of a recommendation by the Joint Committee under Article 11(2) of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (recommendations as to North-South cooperation) to—

• (a) alter the arrangements for North-South co-operation as provided for by the Belfast Agreement,

• (b) establish a new implementation body, or

• (c) alter the functions of an existing implementation body.

• (4) In this section—

• “the Belfast Agreement” has the meaning given by section 98 of the Northern Ireland Act 1998;

• “implementation body” has the meaning given by section 55(3) of that Act.

Powers involving devolved authorities corresponding to sections 8 and 9

11

Schedule 2 (which confers powers to make regulations involving devolved authorities which correspond to the powers conferred by sections 8 to 8C) has effect.

Retaining EU restrictions in devolution legislation etc.

12

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Part 1 of Schedule 3 (which makes corresponding provision in relation to executive competence to that made by subsections (1) to (6) in relation to legislative competence) has effect.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) A Minister of the Crown may by regulations—

• (a) repeal any of the following provisions—

• (i) section 30A or 57(4) to (15) of the Scotland Act 1998,

• (ii) section 80(8) to (8L) or 109A of the Government of Wales Act 2006, or

• (iii) section 6A or 24(3) to (15) of the Northern Ireland Act 1998, or

• (b) modify any enactment in consequence of any such repeal.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) Part 3 of Schedule 3 (which contains amendments of devolution legislation not dealt with elsewhere) has effect.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary oversight of withdrawal

Parliamentary approval of the outcome of negotiations with the EU

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial and other matters

Financial provision

14

• (1) Schedule 4 (which contains powers in connection with fees and charges) has effect.

• (2) A Minister of the Crown, government department or devolved authority may incur expenditure, for the purpose of, or in connection with, preparing for anything about which provision may be made under a power to make subordinate legislation conferred or modified by or under this Act, before any such provision is made.

• (3) There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown, government department or other public authority by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

• (4) Subsection (3) is subject to any other provision made by or under this Act or any other enactment.

Publication and rules of evidence

15

• (1) Part 1 of Schedule 5 (which makes provision for the publication by the Queen's Printer of copies of retained direct EU legislation and related information) has effect.

• (2) Part 2 of Schedule 5 (which makes provision about rules of evidence) has effect.

Maintenance of environmental principles etc.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Family unity for those seeking asylum or other protection in Europe

17

• (1) A Minister of the Crown must, within the period of two months beginning with the day on which the European Union (Withdrawal Agreement) Act 2020 is passed, lay before Parliament a statement of policy in relation to any future arrangements between the United Kingdom and the EU about—

• (a) unaccompanied children, who make an application for international protection to a member State, coming to the United Kingdom where it is in their best interests to join a relative who—

• (i) is a lawful resident of the United Kingdom, or

• (ii) has made a protection claim which has not been decided, and

• (b) unaccompanied children in the United Kingdom, who make a protection claim, going to a member State to join a relative there in equivalent circumstances.

• (2) For the purposes of subsection (1)(a)(i) a person is not a lawful resident of the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (3) For the purposes of subsection (1)(a)(ii), a protection claim is decided—

• (a) when the Secretary of State notifies the claimant of the Secretary of State's decision on the claim, unless the claimant appeals against the decision, or

• (b) if the claimant appeals against the Secretary of State's decision on the claim, when the appeal is disposed of.

• (4) In this section—

• “application for international protection” has the meaning given by Article 2(h) of Directive 2011/95/EU of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted;

• “protection claim” has the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002 (see section 82(2) of that Act);

• “relative”, in relation to an unaccompanied child, means—a spouse or civil partner of the child or any person with whom the child has a durable relationship that is similar to marriage or civil partnership, ora parent, grandparent, uncle, aunt, brother or sister of the child;

• “unaccompanied child” means a person under the age of 18 (“the child”) who is not in the care of a person who—is aged 18 or over, andby law or custom of the country or territory in which the child is present, has responsibility for caring for the child.

Customs arrangement as part of the framework for the future relationship

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Future interaction with the law and agencies of the EU

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General and final provision

Interpretation

20

• (1) In this Act—

• “assimilated direct legislation” means any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after IP completion day);

• “assimilated direct minor legislation” means any assimilated direct legislation which is not assimilated direct principal legislation;

• “assimilated direct principal legislation” means—any EU regulation so far as it—forms part of domestic law on and after IP completion day by virtue of section 3, andwas not EU tertiary legislation immediately before IP completion day, orany Annex to the EEA agreement so far as it—forms part of domestic law on and after IP completion day by virtue of section 3, andrefers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a),(as modified by or under this Act or by other domestic law from time to time);

• “Charter of Fundamental Rights” means the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007;

• “Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);

• “devolved authority” means—the Scottish Ministers,the Welsh Ministers, ora Northern Ireland department;

• “domestic law” means—in sections 3, 7A and 7B, the law of England and Wales, Scotland and Northern Ireland, andin any other case, the law of England and Wales, Scotland or Northern Ireland;

• “the EEA” means the European Economic Area;

• “enactment” means an enactment whenever passed or made and includes—an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act,an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,an enactment contained in, or in an instrument made under, Northern Ireland legislation,an enactment contained in any instrument made 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 in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty,an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, andexcept in sections 1B and 7 or where there is otherwise a contrary intention, any assimilated direct legislation;

• “EU decision” means—a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, ora decision under former Article 34(2)(c) of the Treaty on European Union;

• “EU directive” means a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

• “EU entity” means an EU institution or any office, body or agency of the EU;

• “EU reference” means—any reference to the EU, an EU entity or a member State,any reference to an EU directive or any other EU law, orany other reference which relates to the EU;

• “EU regulation” means a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union;

• “EU tertiary legislation” means—any provision made under—an EU regulation,a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, oran EU directive,by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union or former Article 202 of the Treaty establishing the European Community, orany measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c),but does not include any such provision or measure which is an EU directive;

• “exempt EU instrument” means anything which is an exempt EU instrument by virtue of Schedule 6;

• “exit day” means 31 January 2020 at 11.00 p.m. (and see subsections (2) to (5));

• “future relationship agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act);

• “Joint Committee” means the Joint Committee established by Article 164(1) of the withdrawal agreement;

• “Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);

• “member State” (except in the definitions of “direct EU legislation” and “EU reference”) does not include the United Kingdom;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs;

• “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

• “Northern Ireland devolved authority” means the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department;

• “primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;

• “public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998;

• “ratify”, whether in relation to the withdrawal agreement or otherwise, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act);

• “relevant criminal offence” means an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions);

• ...

• “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made;

• “subordinate legislation” means—any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, orany instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales,and (except in section 7 or Schedule 2 or where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after IP completion day under any assimilated direct legislation;

• “tribunal” means any tribunal in which legal proceedings may be brought;

• “Wales” and “Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158 of that Act);

• ...

• (2) In this Act references to before, after or on exit day, or to beginning with exit day, are to be read as references to before, after or at 11.00 p.m. on 31 January 2020 or (as the case may be) to beginning with 11.00 p.m. on that day.

• (3) Subsection (4) applies if the day or time on or at which the Treaties are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of “exit day” in subsection (1).

• (4) A Minister of the Crown must by regulations—

• (a) amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and

• (b) amend subsection (2) in consequence of any such amendment.

• (5) In subsections (3) and (4) “the Treaties” means the Treaty on European Union and the Treaty on the Functioning of the European Union.

• (5A) In this Act references to anything which continues to be domestic law by virtue of section 1B(2) include—

• (a) references to anything to which section 1B(2) applies which continues to be domestic law on or after exit day (whether or not it would have done so irrespective of that provision), and

• (b) references to anything which continues to be domestic law on or after exit day by virtue of section 1B(2) (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time).

• (6) In this Act references to anything which continues to be domestic law by virtue of section 2 include references to anything to which subsection (1) of that section applies which continues to be domestic law on or after IP completion day (whether or not it would have done so irrespective of that section).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) References in this Act (however expressed) to a public authority in the United Kingdom include references to a public authority in any part of the United Kingdom.

• (9) References in this Act to former Article 34(2)(c) of the Treaty on European Union are references to that Article as it had effect at any time before the coming into force of the Treaty of Lisbon.

• (10) Any other reference in this Act to—

• (a) an Article of the Treaty on European Union or the Treaty on the Functioning of the European Union, or

• (b) Article 10 of Title VII of Protocol 36 to those treaties,

includes a reference to that Article as applied by Article 106a of the Euratom Treaty.

Index of defined expressions

21

• (1) In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision
Anything which continues to be domestic law by virtue of section 1B(2)	Section 20(5A)
Anything which continues to be domestic law by virtue of section 2	Section 20(6)
. . .	. . .
Article (in relation to the Treaty on European Union or the Treaty on the Functioning of the European Union)	Section 20(10)
Assimilated case law	Section 6(7)
Assimilated direct legislation	Section 20(1)
Assimilated direct minor legislation	Section 20(1)
Assimilated direct principal legislation	Section 20(1)
Assimilated domestic case law	Section 6(7)
Assimilated EU case law	Section 6(7)
Assimilated law	Section 6(7)
Charter of Fundamental Rights	Section 20(1)
Commons sitting day	Section 20(1)
Devolved authority	Section 20(1)
Direct EU legislation	Section 3(2)
Domestic law	Section 20(1)
The EEA	Section 20(1)
EEA agreement	Schedule 1 to the Interpretation Act 1978
EEA EFTA separation agreement	Section 7B(6)
Enactment	Section 20(1)
The EU	Schedule 1 to the Interpretation Act 1978
EU decision	Section 20(1)
EU-derived domestic legislation	Section 1B(7)
EU directive	Section 20(1)
EU entity	Section 20(1)
EU institution	Schedule 1 to the Interpretation Act 1978
EU instrument	Schedule 1 to the Interpretation Act 1978
Euratom Treaty	Schedule 1 to the Interpretation Act 1978
EU reference	Section 20(1)
EU regulation	Section 20(1)
European Communities Act 1972	Section 1A(7)(a)
European Court	Schedule 1 to the Interpretation Act 1978
EU tertiary legislation	Section 20(1)
EU Treaties	Schedule 1 to the Interpretation Act 1978
Exempt EU instrument	Section 20(1)
Exit day (and related expressions)	Section 20(1) to (5)
Former Article 34(2)(c) of Treaty on European Union	Section 20(9)
Future relationship agreement	Section 20(1)
Implementation period	Section 1A(6)
IP completion day (and related expressions)	Section 1A(6)
Joint Committee	Section 20(1)
Lords sitting day	Section 20(1)
Member State	Section 20(1) and Schedule 1 to the Interpretation Act 1978
Minister of the Crown	Section 20(1)
Modify (and related expressions)	Section 20(1)
Northern Ireland devolved authority	Section 20(1)
Operative (in relation to direct EU legislation)	Section 3(3)
Part (of withdrawal agreement or EEA EFTA separation agreement)	Section 1A(7)(b)
Primary legislation	Section 20(1)
Public authority	Section 20(1)
Public authority in the United Kingdom (however expressed)	Section 20(8)
Qualifying Northern Ireland goods	Section 8C(6)
Ratify	Section 20(1)
Relevant criminal offence	Section 20(1) (and paragraph 44 of Schedule 8)
Relevant separation agreement law	Section 7C(3)
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Retrospective provision	Section 20(1)
Subordinate legislation	Section 20(1)
Swiss citizens' rights agreement	Section 7B(6)
Tribunal	Section 20(1)
Wales	Section 20(1)
Welsh zone	Section 20(1)
Withdrawal agreement	Section 1A(6)

• (2) See paragraph 22 of Schedule 8 for amendments made by this Act to Schedule 1 to the Interpretation Act 1978.

Regulations

22

Schedule 7 (which makes provision about the scrutiny by Parliament and the devolved legislatures of regulations under this Act and contains other general provision about such regulations) has effect.

Consequential and transitional provision

23

• (1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

• (2) The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.

• (3) In subsection (2) “enactment” does not include primary legislation passed or made after IP completion day.

• (4) No regulations may be made under subsection (1) after the end of the period of 10 years beginning with IP completion day.

• (5) Parts 1 and 2 of Schedule 8 (which contain consequential provision) have effect.

• (6) A Minister of the Crown may by regulations make such transitional, transitory or saving provision as the Minister considers appropriate in connection with the coming into force of any provision of this Act (including its operation in connection with exit day or IP completion day).

• (7) Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.

• (8) The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.

Extent

24

• (1) Subject to subsections (2) and (3), this Act extends to England and Wales, Scotland and Northern Ireland.

• (2) Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed.

• (3) Regulations under section 8(1) or 23 may make provision which extends to Gibraltar—

• (a) modifying any enactment which—

• (i) extends to Gibraltar and relates to European Parliamentary elections, or

• (ii) extends to Gibraltar for any purpose which is connected with Gibraltar forming part of an electoral region, under the European Parliamentary Elections Act 2002, for the purposes of such elections, or

• (b) which is supplementary, incidental, consequential, transitional, transitory or saving provision in connection with a modification within paragraph (a).

Commencement and short title

25

• (1) The following provisions—

• (a) sections 8 to 11 (including Schedule 2),

• (b) paragraphs 4, 5, 21(2)(b), 48(b), 51(2)(c) and (d) and (4) of Schedule 3 (and section 12(8) and (12) so far as relating to those paragraphs),

• (c) sections 13 and 14 (including Schedule 4),

• (d) sections 16 to 18,

• (e) sections 20 to 22 (including Schedules 6 and 7),

• (f) section 23(1) to (4) and (6),

• (g) paragraph 41(10), 43 and 44 of Schedule 8 (and section 23(7) so far as relating to those paragraphs),

• (h) section 24, and

• (i) this section,

come into force on the day on which this Act is passed.

• (2) In section 12—

• (a) subsection (2) comes into force on the day on which this Act is passed for the purposes of making regulations under section 30A of the Scotland Act 1998,

• (b) subsection (4) comes into force on that day for the purposes of making regulations under section 109A of the Government of Wales Act 2006, and

• (c) subsection (6) comes into force on that day for the purposes of making regulations under section 6A of the Northern Ireland Act 1998.

• (3) In Schedule 3—

• (a) paragraph 1(b) comes into force on the day on which this Act is passed for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

• (b) paragraph 2 comes into force on that day for the purposes of making regulations under section 80(8) of the Government of Wales Act 2006,

• (c) paragraph 3(b) comes into force on that day for the purposes of making regulations under section 24(3) of the Northern Ireland Act 1998,

• (d) paragraph 24(2) comes into force on that day for the purposes of making regulations under section 30A of the Scotland Act 1998,

• (e) paragraph 24(3) comes into force on that day for the purposes of making regulations under section 57(4) of the Scotland Act 1998,

• (f) paragraph 25 comes into force on that day for the purposes of making regulations under section 30A or 57(4) of the Scotland Act 1998,

• (g) paragraph 43 comes into force on that day for the purposes of making regulations under section 80(8) or 109A of the Government of Wales Act 2006, and

• (h) paragraphs 57 and 58 come into force on that day for the purposes of making regulations under section 6A or 24(3) of the Northern Ireland Act 1998;

and section 12(7) and (12), so far as relating to each of those paragraphs, comes into force on that day for the purposes of making the regulations mentioned above in relation to that paragraph.

• (4) The provisions of this Act, so far as they are not brought into force by subsections (1) to (3), come into force on such day as a Minister of the Crown may by regulations appoint; and different days may be appointed for different purposes.

• (5) This Act may be cited as the European Union (Withdrawal) Act 2018.

SCHEDULE 1

Challenges to validity of retained EU law

1

• (1) There is no right in domestic law on or after IP completion day to challenge any assimilated law on the basis that, immediately before IP completion day, an EU instrument was invalid.

• (2) Sub-paragraph (1) does not apply so far as—

• (a) the European Court has decided before IP completion day that the instrument is invalid, or

• (b) 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.

General principles of EU law

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule in Francovich

4

There is no right in domestic law on or after IP completion day to damages in accordance with the rule in Francovich.

Interpretation

5

• (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 IP completion day by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Part 1 — Dealing 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.

No power to modify retained direct EU legislation or confer certain functions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 IP 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 ..., 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 IP 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 (... 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 IP 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, ..., 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 ... 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 IP 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.

Part 2 — Implementing the withdrawal agreement

Power to implement withdrawal agreement

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No power to make provision outside devolved competence

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No power to modify retained direct EU legislation etc.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for consultation in certain circumstances

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain requirements for consent, joint exercise or consultation

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of devolved competence: Part 2

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part 1 — Corresponding provision in relation to executive competence

Scotland Act 1998

1

In section 57 of the Scotland Act 1998 (EU law and Convention rights)—

• (a) 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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government of Wales Act 2006

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland Act 1998

3

In section 24 of the Northern Ireland Act 1998 (EU law, Convention rights etc.)—

• (a) 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

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Reports in connection with retained EU law restrictions

Reports on progress towards removing retained EU law restrictions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Other amendments of devolution legislation

Scotland Act 1998

6

The Scotland Act 1998 is amended as follows.

7

In section 2 (ordinary general elections), in subsection (2A), omit paragraph (b) and the “or” before it.

8

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”.

9

• (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”.

10

In section 32 (submission of Bills for Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

11

Omit section 34 (ECJ references).

12

• (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)”.

13

• (1) Section 57 (EU law and Convention rights) is amended as follows.

• (2) In the heading—

• (a) omit “EU law and”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Omit subsection (1).

14

• (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) ”.

15

In section 80DA (Scottish taxpayers: Welsh parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

16

• (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) ”.

17

• (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).

18

In section 119 (Consolidated Fund etc.), omit subsection (4).

19

• (1) Section 126 (interpretation) is amended as follows.

• (2) Omit subsection (9).

• (3) In subsection (10), omit “EU law or”.

20

In section 127 (index of defined expressions), omit the entry for EU law.

21

• (1) Schedule 4 (enactments etc. protected from modification) is amended as follows.

• (2) In paragraph 1(2)—

• (a) 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)

.

• (3) Omit paragraph 13(1)(a).

22

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. ”

23

• (1) Paragraph 1 of Schedule 6 (devolution issues) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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) ”.

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In Schedule 8 (modifications of enactments), omit paragraph 15 and the heading before it.

Government of Wales Act 2006

27

The Government of Wales Act 2006 is amended as follows.

28

In section 3 (ordinary general elections), in subsection (1A), omit paragraph (b) and the “or” before it.

29

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”.

30

• (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.

31

In section 16(3) (disqualification from being Assembly member) omit “(other than the United Kingdom)”.

32

• (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) ”.

33

In section 58A (executive ministerial functions), in subsection (4)(d), for “obligations under EU law” substitute “ retained EU obligations ”.

34

Omit section 58B (implementation of EU law: general).

35

• (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 ”.

36

In the heading before section 80 (EU law, human rights and international obligations etc.), before “EU” insert “ Retained ”.

37

• (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 ”.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

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)”.

39

Omit section 113 (ECJ references).

40

In section 115 (Royal Assent), in subsection (3), omit paragraph (b) and the “or” before it.

41

• (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) ”.

42

In section 116F (Welsh taxpayers: Scottish parliamentarians), in subsection (2)(a), for “any of paragraphs (a) to (c)” substitute “ paragraph (a) or (c) ”.

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

In section 158(1) (interpretation)—

• (a) omit the definition of “EU law”, and

• (b) in the definition of “international obligations” omit “EU law or”.

45

In section 159 (index of defined expressions), omit the entry for EU law.

46

In Schedule 3 (transfer etc. of functions: further provisions), omit paragraph 5 and the heading before it (EU obligations).

47

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.

48

In paragraph 5(1) of Schedule 7B (protected enactments), in the table—

• (a) omit the entry for the European Communities Act 1972, and