The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

Type Statutory-Instrument
Publication 2020-12-04
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 4th December 2020

Coming into force in accordance with regulation 1

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by section 23(1) and (2) of, and paragraphs 21(b) and 26 of Schedule 7 to, the European Union (Withdrawal) Act 2018 , and section 41(1) and (2) of the European Union (Withdrawal Agreement) Act 2020 .

In accordance with paragraph 15(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introduction

Citation, commencement, extent and interpretation

1

PART 2 — Amendment of UK primary legislation

Amendment of Interpretation Act 1978

2

(2A) Where— (a) an Act passed on or after IP completion day refers to any treaty relating to the EU or any instrument or other document of an EU entity, and (b) the treaty, instrument or document has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (general implementation of remainder of EU withdrawal agreement etc.), the reference, unless the contrary intention appears and so far as required for the purposes of relevant separation agreement law, is 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).

(6) In this section, “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).

(8) The definition in Schedule 1 of “enactment”, in so far as it relates to retained direct EU legislation, applies to subordinate legislation made at any time before the commencement of this Act as it applies to Acts passed at that time.

Amendment of European Union (Withdrawal) Act 2018

3

(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.

(2A) (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 retained direct EU 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— 1. 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 2. 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); - “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).

PART 3 — Amendment of the 2019 Regulations

Replacement of references to “exit day” with “IP completion day”

4

In regulation 5(2) of the 2019 Regulations, for “exit day”, substitute “ IP completion day ”.

PART 4 — Scotland

Amendment of Interpretation and Legislative Reform (Scotland) Act 2010

5

(1A) Subsection (1) is subject to section 14(2A) and (3).

(2A) Where— (a) there is a reference in— (i) an Act of the Scottish Parliament the Bill for which received Royal Assent on or after IP completion day, or (ii) a Scottish instrument made on or after IP completion day, to any treaty relating to the EU or any instrument or other document of an EU entity, and (b) the treaty, instrument or document referred to has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (general implementation of remainder of EU withdrawal agreement etc.), the reference, so far as required for the purposes of relevant separation agreement law, is 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).

(6) In this section, “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).

Interpretation of “the Treaties”, “the EU Treaties” and “the Communities”

6

does not affect the interpretation of those expressions on and after IP completion day in relation to a time before IP completion day.

PART 5 — Northern Ireland

Amendment of the Interpretation Act (Northern Ireland) 1954

7

(1A) Except to the extent provided by subsection (1AA), subsection (1) does not apply to a reference in an enactment to retained direct EU legislation (but, for provision about references to EU legislation, see— (a) paragraphs 1 to 2A of Schedule 8 to the European Union (Withdrawal) Act 2018, (b) subsections (1B) to (1F), and (c) section 11A). (1AA) A reference in an enactment to a statutory provision which is subordinate legislation made under retained direct EU legislation is a reference to which subsection (1) applies; and “subordinate legislation” here means subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act). (1B) Subsection (1C) applies to a reference in an enactment so far as the reference is to be read in accordance with paragraph 2A(3) of Schedule 8 to the European Union (Withdrawal) Act 2018 (certain references to certain EU laws to be read as referring to those laws as they form part of domestic law).

(11A) (1) Subsection (2) applies where— (a) an enactment passed or made on or after IP completion day refers to any treaty relating to the EU or any instrument or other document of an EU entity, and (b) the treaty, instrument or document has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (general implementation of remainder of EU withdrawal agreement etc). (2) So far as required for the purposes of relevant separation agreement law, the reference shall be construed as 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) In this section— - “EU entity” has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018; - “relevant separation agreement law” has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018; and - “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement).

PART 6 — Wales

Amendment of Legislation (Wales) Act 2019

8

(2A) But this is subject to section 25A (references to relevant separation agreement law).

(2A) Ond mae hyn yn ddarostyngedig i adran 25A (cyfeiriadau at gyfraith berthnasol y cytundebau gwahanu).

(25A) —(1) This section applies where— (a) an Act of Senedd Cymru receives Royal Assent, or a Welsh subordinate instrument is made, on or after implementation period completion day, and (b) the Act or instrument refers to any treaty relating to the EU, or any instrument or other document of any EU entity, which has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (c. 16) (general implementation of remainder of EU withdrawal agreement etc.). (2) The reference is, so far as required for the purposes of relevant separation agreement law, a reference to the treaty, instrument or document as it has effect by virtue of that section (including, so far as required, as it has effect from time to time). (3) In this section— - “EU entity” (“endid o'r UE”) has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018; - “relevant separation agreement law” (“cyfraith berthnasol y cytundebaugwahanu”) has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018; - “treaty” (“cytuniad**”) includes any international agreement (and any protocol or annex to a treaty or international agreement).

(25A) —(1) Mae'r adran hon yn gymwys— (a) pan fo Deddf gan Senedd Cymru yn cael y Cydsyniad Brenhinol, neu pan fo is-offeryn Cymreig yn cael ei wneud, ar neu ar ôl diwrnod cwblhau'r cyfnod gweithredu, a (b) pan fo'r Ddeddf neu'r offeryn yn cyfeirio at unrhyw gytuniad sy'n ymwneud â'r UE, neu unrhyw offeryn neu ddogfen arall gan unrhyw endid o'r UE, sy'n cael effaith yn rhinwedd adran 7A neu 7B o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018 (p. 16) (gweithredu gweddill y cytundeb ymadael â'r UE etc. yn gyffredinol). (2) Mae'r cyfeiriad, i'r graddau y mae'n ofynnol at ddibenion cyfraith berthnasol y cytundebau gwahanu, yn gyfeiriad at y cytuniad, yr offeryn neu'r ddogfen fel y mae'n cael effaith yn rhinwedd yr adran honno (gan gynnwys, i'r graddau y mae'n ofynnol, fel y mae'n cael effaith o bryd i'w gilydd). (3) Yn yr adran hon— mae i “cyfraith berthnasol y cytundebau gwahanu” yr ystyr a roddir i “relevant separation agreement law” gan adran 7C(3) o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018; mae “cytuniad” (“treaty”) yn cynnwys unrhyw gytundeb rhyngwladol (ac unrhyw brotocol neu atodiad i gytuniad neu gytundeb rhyngwladol); mae i “endid o'r UE” yr ystyr a roddir i “EU entity” gan adran 20(1) o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018.

PART 7 — Repeals and revocations

Repeals

9

the repeal of the amending enactment does not affect the operation of that transitional or saving provision.

Revocations

10

In the 2019 Regulations, regulation 2 is omitted.

SCHEDULE — Repeals

Short title Extent of repeal
Criminal Law Act 1977[^f00011] Section 32(3). Section 65(10)(e).
Customs and Excise Management Act 1979[^f00012] In Schedule 4, in paragraph 12, in Part 1 of the Table, the entries relating to section 6(5) and (6) of the European Communities Act 1972 (and the heading preceding those entries).
Customs and Excise Duties (General Reliefs) Act 1979[^f00013] In Schedule 2, paragraphs 3 to 5 (and the heading preceding those paragraphs).
Agricultural Statistics Act 1979[^f00014] In Schedule 1, paragraph 4 (and the heading preceding that paragraph).
Criminal Procedure (Consequential Provisions) (Scotland) Act 1995[^f00015] In Schedule 4, paragraph 8 (and the heading preceding that paragraph).
Justice (Northern Ireland) Act 2002[^f00016] In Schedule 7, paragraph 1(3).
Railways and Transport Safety Act 2003[^f00017] In section 103(2), the words “or under section 2 of the European Communities Act 1972 (c.68) (implementation of Community obligations)”. In Schedule 6, in paragraph 1(1)(b), the words “or section 2 of the European Communities Act 1972 (c.68) (implementation of Community obligations)”. In Schedule 6, paragraph 10(b) and the “or” before that paragraph.
Criminal Justice Act 2003[^f00018] In Schedule 27, paragraph 3 (and the heading preceding that paragraph).
Constitutional Reform Act 2005[^f00019] In Schedule 9, paragraphs 97 and 110.
Legislative and Regulatory Reform Act 2006[^f00020] Section 20. Section 26(1). Section 27(1), (2) and (4). Section 28. Section 29.
Wales Act 2017[^f00021] Section 12(2)(b). Section 20.

Signed

Michael Gove — Minister for the Cabinet Office — 2020-12-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16. Paragraph 21(b) of Schedule 7 was amended by paragraph 53(2)(b) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00002]: 2020 c. 1.

[^f00003]: S.I. 2019/628.

[^f00004]: 1978 c. 30.

[^f00005]: 2018 c. 16.

[^f00006]: 2010 asp 10. Section 14 is amended by regulation 4 of S.I. 2019/628 as amended by S.I. 2020/463. Schedule 1 is amended by S.I. 2019/628, paragraph 37 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 4 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2). There are other amendments not relevant to this instrument.

[^f00007]: The definition of “the Treaties” and “the EU Treaties” in section 1(2) of the European Communities Act 1972 (c. 68) was amended by the European Communities (Greek Accession) Act 1979 (c. 57), section 1; the European Communities (Spanish and Portuguese Accession) Act 1985 (c. 75), section 1; the European Communities (Amendment) Act 1986 (c. 58), section 1; the European Communities (Amendment) Act 1993 (c. 32), section 1; the European Parliamentary Elections Act 1993 (c. 41), section 3; the European Economic Area Act 1993 (c. 51), section 1; the European Union (Accessions) Act 1994 (c. 38), section 1; the European Communities (Amendment) Act 1998 (c. 21), section 1; the European Communities (Finance) Act 2001 (c. 22), section 1; the European Communities (Amendment) Act 2002 (c. 3), section 1; the European Union (Accessions) Act 2003 (c. 35), section 1; the European Union (Accessions) Act 2006 (c. 2), section 1; the European Union (Amendment) Act 2008 (c. 7), paragraph 1, the Schedule; the European Union Act 2011 (c. 12), section 15; the European Union (Croatian Accession and Irish Protocol) Act 2013 (c. 5), section 3; the European Union (Finance) 2015 (c. 2015 (c. 32), section 1; S.I. 2011/1043.

[^f00008]: S.I. 1999/1379; revoked by article 8 of that Order but subject to savings specified in s. 55(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

[^f00009]: 1954 c. 33 (N.I.).

[^f00010]: 2019 anaw 4. Section 24 is amended by paragraph 59 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) and S.I. 2020/463. There are other amendments not relevant to this instrument.

[^f00011]: 1977 c. 45.

[^f00012]: 1979 c. 2.

[^f00013]: 1979 c. 3.

[^f00014]: 1979 c. 13.

[^f00015]: 1995 c. 40.

[^f00016]: type=start slip=2021-01-01 time=131186249012002 c. 26type=end slip=2021-01-01 time=1311862474901.

[^f00017]: 2003 c. 20.

[^f00018]: 2003 c. 44.

[^f00019]: 2005 c. 4.

[^f00020]: 2006 c. 51.

[^f00021]: 2017 c. 4.

[^f00022]: Paragraph 22(d) of Schedule 8 to the European Union (Withdrawal) Act 2018 amended the definition of “enactment” in Schedule 1 to the Interpretation Act 1978.

Editorial notes

[^c24363461]: 2018 c. 16. Paragraph 21(b) of Schedule 7 was amended by paragraph 53(2)(b) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^c24363471]: 2020 c. 1.

[^c24363481]: S.I. 2019/628.

[^c24363491]: 1978 c. 30.

[^c24363501]: 2018 c. 16.

[^c24363511]: 2010 asp 10. Section 14 is amended by regulation 4 of S.I. 2019/628 as amended by S.I. 2020/463. Schedule 1 is amended by S.I. 2019/628, paragraph 37 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 4 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2). There are other amendments not relevant to this instrument.

[^c24363521]: The definition of “the Treaties” and “the EU Treaties” in section 1(2) of the European Communities Act 1972 (c. 68) was amended by the European Communities (Greek Accession) Act 1979 (c. 57), section 1; the European Communities (Spanish and Portuguese Accession) Act 1985 (c. 75), section 1; the European Communities (Amendment) Act 1986 (c. 58), section 1; the European Communities (Amendment) Act 1993 (c. 32), section 1; the European Parliamentary Elections Act 1993 (c. 41), section 3; the European Economic Area Act 1993 (c. 51), section 1; the European Union (Accessions) Act 1994 (c. 38), section 1; the European Communities (Amendment) Act 1998 (c. 21), section 1; the European Communities (Finance) Act 2001 (c. 22), section 1; the European Communities (Amendment) Act 2002 (c. 3), section 1; the European Union (Accessions) Act 2003 (c. 35), section 1; the European Union (Accessions) Act 2006 (c. 2), section 1; the European Union (Amendment) Act 2008 (c. 7), paragraph 1, the Schedule; the European Union Act 2011 (c. 12), section 15; the European Union (Croatian Accession and Irish Protocol) Act 2013 (c. 5), section 3; the European Union (Finance) 2015 (c. 2015 (c. 32), section 1; S.I. 2011/1043.

[^c24363531]: S.I. 1999/1379; revoked by article 8 of that Order but subject to savings specified in s. 55(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

[^c24363541]: 1954 c. 33 (N.I.).

[^c24363551]: 2019 anaw 4. Section 24 is amended by paragraph 59 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) and S.I. 2020/463. There are other amendments not relevant to this instrument.

[^c24363561]: 1977 c. 45.

[^c24363571]: 1979 c. 2.

[^c24363581]: 1979 c. 3.

[^c24363591]: 1979 c. 13.

[^c24363601]: 1995 c. 40.

[^c24363611]: 2002 c. 26.

[^c24363621]: 2003 c. 20.

[^c24363631]: 2003 c. 44.

[^c24363641]: 2005 c. 4.

[^c24363651]: 2006 c. 51.

[^c24363661]: 2017 c. 4.

[^c24363671]: Paragraph 22(d) of Schedule 8 to the European Union (Withdrawal) Act 2018 amended the definition of “enactment” in Schedule 1 to the Interpretation Act 1978.

[^key-0530fbae1cbc72695e27723ba243810f]: Reg. 3 in force at 31.12.2020, see reg. 1(3)

[^key-0964ab521659ef72b4e05ab61226fad5]: Reg. 10 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-09dcc7f4d595dae2caaa01e208ef2ceb]: Reg. 6 in force at 31.12.2020, see reg. 1(3)

[^key-147a60c5ee038a56e15bca33686471fe]: Reg. 7 in force at 31.12.2020, see reg. 1(3)

[^key-32aeda5c99a576ec685b2e05ec7dd74e]: Reg. 8 in force at 31.12.2020, see reg. 1(3)

[^key-38f90070c0387db683ba89757a6906fe]: Reg. 4 in force at 31.12.2020, see reg. 1(3)

[^key-3ba6ec1c6dd21ab8f5dd18d2693d04bb]: Sch. in force at 31.12.2020, see reg. 1(3)

[^key-9ccee42f3080a654479a713764fd4143]: Reg. 2 in force at 31.12.2020, see reg. 1(3)

[^key-a299d594f72da8b1f3dd1a71d0d42655]: Reg. 1 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

[^key-b89165d268597834e0178a417c27b294]: Reg. 5 in force at 31.12.2020, see reg. 1(3)

[^key-c5997a59c0ec4a2cc7d4a10f60dfe755]: Words in reg. 3(2)(d) inserted (31.12.2020 immediately before IP completion day) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(3), 4(2)

[^key-c7567c2c668a3b7edeaa4b8ffbab0b29]: Reg. 9 in force at 31.12.2020, see reg. 1(3)

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