The European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018

Made: 3rd July 2018

The Secretary of State, in exercise of the powers conferred by sections 23(6) and 25(4) of the European Union (Withdrawal) Act 2018 , makes the following Regulations:

PART 1 — Citation and Interpretation

Citation

1

These Regulations may be cited as the European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018.

Interpretation

2

In these Regulations—

• “the Act” means the European Union (Withdrawal) Act 2018;

• “the 2008 Act” means the European Union (Amendment) Act 2008 ;

• “the 2011 Act” means the European Union Act 2011 ;

• “the First Appointed Day” means 4 July 2018.

PART 2 — Provisions coming into force

Provisions coming into force on the First Appointed Day

3

The day appointed for the coming into force of the following provisions of the Act is the First Appointed Day—

• (a) section 5(6) (exceptions to savings and incorporation)—

• (i) for the purposes of making regulations under paragraph 1(2)(b) (challenges to validity of retained EU law) of Schedule 1 (further provision about exceptions to savings and incorporation); and

• (ii) insofar as it relates to paragraph 1(3) (challenges to validity of retained EU law) of Schedule 1,

and accordingly paragraph 1(2)(b) of Schedule 1 for the purposes of making regulations and paragraph 1(3) of Schedule 1;

• (b) section 6(7) (interpretation of retained EU law);

• (c) section 12(9) to (11) and (13) (retaining EU restrictions in devolution legislation etc.);

• (d) section 15(1) (publication and rules of evidence) insofar as it relates to paragraph 2 (exceptions from duty to publish) of Schedule 5 (publication and rules of evidence) and accordingly paragraph 2 of Schedule 5;

• (e) section 15(2) (publication and rules of evidence) insofar as it relates to paragraph 4 (power to make provision about judicial notice and admissibility) of Schedule 5 (publication and rules of evidence) and accordingly paragraph 4 of Schedule 5;

• (f) section 19 (future interaction with the law and agencies of the EU);

• (g) section 23(5) (consequential and transitional provision) insofar as it relates to the following paragraphs of Schedule 8 (consequential, transitional, transitory and saving provision), and accordingly those paragraphs of Schedule 8—

• (i) paragraph 18 (Interpretation Act 1978);

• (ii) paragraph 20;

• (iii) paragraph 22(d) for the purposes of the use of the term “enactment” in sections 15, 16 and 17 of the Interpretation Act 1978 ;

• (iv) paragraph 22(e) insofar as it relates to the following definitions—

• (aa) “ “exit day” (and related expressions)”;

• (bb) “retained EU law”;

• (cc) “retained direct minor EU legislation”;

• (dd) “retained direct principal EU legislation”;

• (ee) “retained direct EU legislation”;

• (ff) “retained EU obligation”;

• (v) paragraphs 31 to 34 (Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

• (vi) paragraph 36 (Small Business, Enterprise and Employment Act 2015);

• (h) section 23(7) (consequential and transitional provision) insofar as it relates to paragraph 40 (main powers in connection with withdrawal) of Schedule 8 (consequential, transitional, transitory and saving provision) and accordingly paragraph 40 of Schedule 8;

• (i) section 23(8) (consequential and transitional provision) insofar as it relates to the repeal of the following enactments, and accordingly Schedule 9 (additional repeals) insofar as it relates to the repeal of those enactments—

• (i) section 1A of, and Schedule 1A to, the European Parliamentary Elections Act 2002 ;

• (ii) sections 4 and 5 of the European Union (Amendment) Act 2008;

• (iii) sections 1 to 13, 14(1) and 15(1) of, and Schedule 1 to, the European Union Act 2011;

• (iv) the European Union (Approval of Treaty Amendment Decision) Act 2012 ;

• (v) the European Union (Approvals) Act 2013 ;

• (vi) the European Union (Approvals) Act 2014 ;

• (vii) sections 82 and 88(5)(c) of the Serious Crime Act 2015 ;

• (viii) section 1(1) of the European Union (Finance) Act 2015 ;

• (ix) the European Union (Approvals) Act 2015 .

Provisions coming into force on exit day

4

The day appointed for the coming into force of—

• (a) section 23(8) (consequential and transitional provision) insofar as it relates to the repeal of the European Union Act 2011 (to the extent not already commenced); and

• (b) accordingly Schedule 9 (additional repeals) insofar as it relates to the repeal of that Act (to the extent not already commenced),

is IP completion day.

PART 3 — Transitional Provisions

Transitional Provision in relation to the Small Business, Enterprise and Employment Act 2015

5

The reference to “international obligation” in section 30(3) (section 28(2)(a): “provision for review”) of the Small Business, Enterprise and Employment Act 2015 is to be read, in its application in relation to any provision made for review, in the period beginning with the First Appointed Day and ending on IP completion day, as a reference to an “international obligation to the extent it is not an EU obligation.”.

Approval for the purposes of section 12 of the European Parliamentary Elections Act 2002

6

The repeal of section 4 (increase of powers of European Parliament) of the 2008 Act, which approved matters in accordance with the requirements of section 12 (ratification of treaties) of the European Parliamentary Elections Act 2002 , has no effect on the validity of anything done in relation to the matters approved.

Approvals under the 2008 Act

7

The repeal of section 5 (amendment of Euratom Treaty) of the 2008 Act and of the Acts or provisions of Acts approving matters in accordance with the requirements of the 2008 Act, has no effect on the validity of anything done or omitted to be done in relation to the matters approved.

Approvals and exemptions under the 2011 Act

8

The repeal of the 2011 Act and of the Acts, or provisions of Acts, approving matters in accordance with the requirements of the 2011 Act have no effect on the validity of anything done or omitted to be done in relation to matters approved by Parliament in accordance with the 2011 Act (whether those matters were approved of by an Act or otherwise approved) or anything done or omitted to be done in relation to matters subject to an exemption under the 2011 Act.

Signed

Signed by authority of the Secretary of State for Exiting the European Union.

Steve Baker — Parliamentary Under Secretary of State, — 2018-07-03

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: 2008 c. 7.

[^f00003]: 2011 c. 12.

[^f00004]: 1978 c. 30.

[^f00005]: 2002 c. 24; section 1A was inserted by section 7(1) of the European Parliament (Representation) Act 2003 (c. 7) and Schedule 1A was inserted by section 7(2) of, and the Schedule to, that Act.

[^f00006]: 2012 c. 15.

[^f00007]: 2013 c. 9.

[^f00008]: 2014 c. 3.

[^f00009]: 2015 c. 9.

[^f00010]: 2015 c. 32.

[^f00011]: 2015 c. 37.

[^f00012]: 2015 c. 26.

[^f00013]: Section 12 was repealed by section 14 of the European Union Act 2011.

[^f00014]: Section 5 was amended by section 14 of the European Union Act 2011.

Editorial notes

[^c23328081]: 2018 c. 16.

[^c23328091]: 2008 c. 7.

[^c23328101]: 2011 c. 12.

[^c23328111]: 1978 c. 30.

[^c23328121]: 2002 c. 24; section 1A was inserted by section 7(1) of the European Parliament (Representation) Act 2003 (c. 7) and Schedule 1A was inserted by section 7(2) of, and the Schedule to, that Act.

[^c23328131]: 2012 c. 15.

[^c23328141]: 2013 c. 9.

[^c23328151]: 2014 c. 3.

[^c23328161]: 2015 c. 9.

[^c23328171]: 2015 c. 32.

[^c23328181]: 2015 c. 37.

[^c23328191]: 2015 c. 26.

[^c23328201]: Section 12 was repealed by section 14 of the European Union Act 2011.

[^c23328211]: Section 5 was amended by section 14 of the European Union Act 2011.

[^key-689dcf8283e63ec6bcfebde36105594f]: Words in reg. 4 heading substituted (29.1.2020) by The European Union (Withdrawal) Act 2018 (Commencement No. 5, Transitional Provisions and Amendment) Regulations 2020 (S.I. 2020/74), reg. 3(2)

[^key-b9eea18b64770ab6844738a58affa585]: Words in reg. 4 substituted (29.1.2020) by The European Union (Withdrawal) Act 2018 (Commencement No. 5, Transitional Provisions and Amendment) Regulations 2020 (S.I. 2020/74), reg. 3(3)

[^key-95c4b253620de8842ce277e67819c75d]: Words in reg. 5 substituted (29.1.2020) by The European Union (Withdrawal) Act 2018 (Commencement No. 5, Transitional Provisions and Amendment) Regulations 2020 (S.I. 2020/74), reg. 3(4)

Provisions coming into force on IP completion day