European Union (Withdrawal) Act 2018

2018 c. 16

^I145An Act to repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

Enacted[26th June 2018]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Repeal of the ECA¶

^I391 Repeal of the European Communities Act 1972¶

The European Communities Act 1972 is repealed on exit day.

Savings for implementation period¶

1A Saving for ECA for implementation period¶

1 Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

2 The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).

3 The Act of 1972 has effect on and after exit day as if —

a the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—

i included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but

ii were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,

b the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

c section 2(3) (payment of EU costs etc.) were omitted,

d in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—

i the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and

ii the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,

e references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

f in Part 2 of Schedule 1 (general definitions in relation to the EU)—

i in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

ii in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.

4 In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.

5 Subsections (1) to (4) are repealed on IP completion day.

6 In this Act—

“the implementation period” means the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day;
“IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act);
“withdrawal agreement” has the same meaning as in that Act (see section 39(1) and (6) of that Act).

7 In this Act—

a references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and

b references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.

1B Saving for EU-derived domestic legislation for implementation period¶

1 Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

2 EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows.

3 Any enactment which continues to have effect by virtue of subsection (2) is to be read, on and after exit day and so far as the context permits or requires, as if—

a any reference to an expression which is to be read in accordance with Schedule 1 to the Interpretation Act 1978 and is an expression defined by section 1 of, or Part 2 of Schedule 1 to, the European Communities Act 1972 were a reference to that expression as defined by that section or that Part of that Schedule as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

b any reference (however expressed and subject to paragraph (a) above) to—

i EU law,

ii any particular EU Treaty or any part of it,

iii any EU instrument, or other document of an EU entity or of the EU, or any part of any such instrument or document,

iv any part of EU law not falling within sub-paragraph (ii) or (iii),

v any tax, duty, levy or interests of the EU, or

vi any arrangement involving, or otherwise relating to, the EU of a kind not falling within sub-paragraph (i), (ii), (iii), (iv) or (v),

were a reference to any such thing so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

c any reference (however expressed and subject to paragraph (a) above) to the European Communities Act 1972 were or (as the case may be) included a reference to the Act of 1972 as it continues to have effect by virtue of section 1A(2) to (4) of this Act,

d any reference (however expressed) to the area of the EU or of the EEA included the United Kingdom,

e any reference (however expressed) to a citizen of the EU or a national of the EEA included a United Kingdom national (within the meaning given by Article 2(d) of the withdrawal agreement), and

f such other modifications were made as—

i are provided for by regulations under section 8A or Part 1A of Schedule 2, or

ii so far as not so provided, are necessary for any purpose of Part 4 of the withdrawal agreement and are capable of being ascertained from any such purpose or otherwise from that Part of that agreement.

4 Any EU-derived domestic legislation which is an enactment passed or made on or after exit day and before IP completion day is, unless the contrary intention appears, to be read in accordance with subsection (3) (and anything done or omitted to be done in connection with any such enactment is to be understood, and has effect, accordingly).

5 Subsections (2) to (4) are subject to any regulations made under section 8A or 23 or Part 1A of Schedule 2 or otherwise under this Act or under the European Union (Withdrawal Agreement) Act 2020.

6 Subsections (1) to (5) are repealed on IP completion day.

7 In this Act “EU-derived domestic legislation” means any enactment so far as—

a made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,

b passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,

c relating to—

i anything which falls within paragraph (a) or (b), or

ii any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or

d relating otherwise to the EU or the EEA,

but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020.

Retention of saved EU law at end of implementation period ¶

^I852 Saving for EU-derived domestic legislation¶

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.

^F1552 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^I136^C23^C163 Incorporation of direct EU legislation¶

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

^F63ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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).

^F2904 Saving for rights etc. under section 2(1) of the ECA¶

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

5 ^C22Exceptions to savings and incorporation¶

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).

^C24^C25A2 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 sections 183A and 186 of the Data Protection Act 2018 (protection of prohibitions, restrictions and data subject’s rights) (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.

^F2931 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2932 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2933 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I344 The Charter of Fundamental Rights is not part of domestic law on or after IP completion day.

^F2965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I10^I1126 Schedule 1 (which makes further provision about exceptions to savings and incorporation) has effect.

^I347 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.

5A Savings and incorporation: supplementary¶

The fact that anything which continues to be, or forms part of, domestic law on or after IP completion day by virtue of section 2 or 3 has an effect immediately before IP completion day which is time-limited by reference to the implementation period does not prevent it from having an indefinite effect on and after IP completion day by virtue of section 2 or 3.

^I11^I149^C106 Interpretation of assimilated law¶

^I1161 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.

^I1162 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.

^I1163 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 ^F300..., and

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

^I1164 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.

^I1165 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.

^I1165A 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.

^I1165B 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.

^I1165C 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.

^I1165D No regulations may be made under subsection (5A) after IP completion day.

^I1166 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—
1. assimilated domestic case law, and
2. assimilated 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—
1. relate to anything to which section 2 or 3 applies, and
2. are 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—
1. relate to anything to which section 2 or 3 applies, and
2. are 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);
^F307...
^F307...
^F307...
^F307...
^F301...

6D Incompatibility orders¶

1 This section applies if a court or tribunal decides, in the course of any proceedings—

a that a provision of assimilated direct legislation is incompatible with, and by virtue of section 5(A2)(b) subject to, any domestic enactment, or

b that a domestic enactment is incompatible with, and by virtue of section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 subject to, a provision of assimilated direct legislation.

2 The court or tribunal must make an order (an “incompatibility order”) to that effect (in addition to any exercise of other powers that it may have in relation to the proceedings).

3 An incompatibility order may (among other things)—

a set out the effect of the relevant provision in its operation in relation to that particular case;

b delay the coming into force of the order;

c remove or limit any effect of the operation of the relevant provision before the coming into force of the order.

4 Provision included in an incompatibility order may be made subject to conditions.

5 In this section—

“domestic enactment” has the same meaning as in section 5 of this Act;
“the relevant provision” means section 5(A2)(b) of this Act or section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 (as the case may be).

^I148^C117 Status of assimilated law¶

^I691 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 ^F318... 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.

^I935 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 ^F317...),

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).

^F316^I696 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further aspects of withdrawal¶

7A General implementation of remainder of withdrawal agreement¶

1 Subsection (2) applies to—

a all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the withdrawal agreement, and

b all such remedies and procedures from time to time provided for by or under the withdrawal agreement,

as in accordance with the withdrawal agreement are without further enactment to be given legal effect or used in the United Kingdom.

2 The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

a recognised and available in domestic law, and

b enforced, allowed and followed accordingly.

3 Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

3A The following provide for the application in Northern Ireland of EU law relating to the trade in goods necessary for the functioning of the Windsor Framework in the withdrawal agreement to be subject to democratic consent and scrutiny—

a Articles 13 and 18 of that Framework, and

b Part 5A of the Northern Ireland Act 1998.

4 This section does not apply in relation to Part 4 of the withdrawal agreement so far as section 2(1) of the European Communities Act 1972 applies in relation to that Part.

5 See also (among other things)—

a Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

b section 20 of that Act (financial provision),

c section 7C of this Act (interpretation of law relating to withdrawal agreement etc.),

d section 8B of this Act (power in connection with certain other separation issues),

e section 8C of this Act (power in connection with the Protocol on Ireland/Northern Ireland in withdrawal agreement), and

f Parts 1B and 1C of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues and the Ireland/Northern Ireland Protocol).

7B General implementation of EEA EFTA and Swiss agreements¶

1 Subsection (2) applies to all such rights, powers, liabilities, obligations, restrictions, remedies and procedures as—

a would from time to time be created or arise, or (in the case of remedies or procedures) be provided for, by or under the EEA EFTA separation agreement or the Swiss citizens' rights agreement, and

b would, in accordance with Article 4(1) of the withdrawal agreement, be required to be given legal effect or used in the United Kingdom without further enactment,

if that Article were to apply in relation to the EEA EFTA separation agreement and the Swiss citizens' rights agreement, those agreements were part of EU law and the relevant EEA states and Switzerland were member States.

2 The rights, powers, liabilities, obligations, restrictions, remedies and procedures concerned are to be—

a recognised and available in domestic law, and

b enforced, allowed and followed accordingly.

3 Every enactment (other than section 7A but otherwise including an enactment contained in this Act) is to be read and has effect subject to subsection (2).

4 See also (among other things)—

a Part 3 of the European Union (Withdrawal Agreement) Act 2020 (further provision about citizens' rights),

b section 7C of this Act (interpretation of law relating to the EEA EFTA separation agreement and the Swiss citizens' rights agreement etc.),

c section 8B of this Act (power in connection with certain other separation issues), and

d Part 1B of Schedule 2 to this Act (powers involving devolved authorities in connection with certain other separation issues).

5 In this section “the relevant EEA states” means Norway, Iceland and Liechtenstein.

6 In this Act “EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).

7C Interpretation of relevant separation agreement law¶

1 Any question as to the validity, meaning or effect of any relevant separation agreement law is to be decided, so far as they are applicable—

a in accordance with the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement, and

b having regard (among other things) to the desirability of ensuring that, where one of those agreements makes provision which corresponds to provision made by another of those agreements, the effect of relevant separation agreement law in relation to the matters dealt with by the corresponding provision in each agreement is consistent.

2 See (among other things)—

a Article 4 of the withdrawal agreement (methods and principles relating to the effect, the implementation and the application of the agreement),

b Articles 158 and 160 of the withdrawal agreement (jurisdiction of the European Court in relation to Part 2 and certain provisions of Part 5 of the agreement),

c Articles 12 and 13 of the Protocol on Ireland/Northern Ireland in the withdrawal agreement (implementation, application, supervision and enforcement of the Protocol and common provisions),

d Article 4 of the EEA EFTA separation agreement (methods and principles relating to the effect, the implementation and the application of the agreement), and

e Article 4 of the Swiss citizens' rights agreement (methods and principles relating to the effect, the implementation and the application of the agreement).

3 In this Act “relevant separation agreement law” means—

a any of the following provisions or anything which is domestic law by virtue of any of them—

i section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or this section, or

ii Part 3, or section 20, of the European Union (Withdrawal Agreement) Act 2020 (citizens' rights and financial provision), or

b anything not falling within paragraph (a) so far as it is domestic law for the purposes of, or otherwise within the scope of—

i the withdrawal agreement (other than Part 4 of that agreement),

ii the EEA EFTA separation agreement, or

iii the Swiss citizens' rights agreement,

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.

Main powers in connection with withdrawal¶

^C4^C98 Dealing with deficiencies arising from withdrawal¶

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,

^F128e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

8A Supplementary power in connection with implementation period¶

1 A Minister of the Crown may by regulations—

a provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section,

d modify any enactment contained in this Act in consequence of any repeal made by section 1A(5) or 1B(6), or

e make such provision not falling within paragraph (a), (b), (c) or (d) as the Minister considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

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 two years beginning with IP completion day.

8B Power in connection with certain other separation issues¶

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a to implement Part 3 of the withdrawal agreement (separation provisions),

b to supplement the effect of section 7A in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

2 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b to supplement the effect of section 7B in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

3 Regulations under this section may make any provision that could be made by an Act of Parliament.

4 Regulations under this section may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

a section 7A above and Part 3 of the withdrawal agreement, or

b section 7B above and Part 3 of the EEA EFTA separation agreement.

5 But regulations under this section may not—

a impose or increase taxation or fees,

b make retrospective provision,

c create a relevant criminal offence,

d establish a public authority,

e amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

f amend or repeal the Scotland Act 1998, the Government of Wales Act 2006 or the Northern Ireland Act 1998 (unless the regulations are made by virtue of paragraph 21(b) of Schedule 7 to this Act or are amending or repealing any provision of those Acts which modifies another enactment).

6 In this section references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

8C Power in connection with Ireland/Northern Ireland Protocol in withdrawal agreement¶

1 A Minister of the Crown may by regulations make such provision as the Minister considers appropriate—

a to implement the Protocol on Ireland/Northern Ireland in the withdrawal agreement,

b to supplement the effect of section 7A in relation to the Protocol, or

c otherwise for the purposes of dealing with matters arising out of, or related to, the Protocol (including matters arising by virtue of section 7A and the Protocol).

2 Regulations under subsection (1) may make any provision that could be made by an Act of Parliament (including modifying this Act).

3 Regulations under subsection (1) may (among other things) make provision facilitating the access to the market within Great Britain of qualifying Northern Ireland goods.

4 Such provision may (among other things) include provision about the recognition within Great Britain of technical regulations, assessments, registrations, certificates, approvals and authorisations issued by—

a the authorities of a member State, or

b bodies established in a member State,

in respect of qualifying Northern Ireland goods.

5 Regulations under subsection (1) may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of section 7A and the Protocol.

5A Regulations under subsection (1) may not amend, repeal or otherwise modify the operation of section 47 of the United Kingdom Internal Market Act 2020 (“the 2020 Act”), except by making—

a provision of the sort that is contemplated by section 47(2) of the 2020 Act (permitted checks);

b provision under subsection (6);

c provision of the sort described in paragraph 21(b) of Schedule 7 (supplementary and transitional provision etc) in connection with—

i provision within either of the preceding paragraphs;

ii Articles 5 to 10 of the Northern Ireland Protocol ceasing to apply (and the resulting operation of section 55(1) of the 2020 Act).

6 A Minister of the Crown may by regulations define “qualifying Northern Ireland goods” for the purposes of this Act.

7 In this section any reference to the Protocol on Ireland/Northern Ireland includes a reference to—

a any other provision of the withdrawal agreement so far as applying to the Protocol, and

b any provision of EU law which is applied by, or referred to in, the Protocol (to the extent of the application or reference),

but does not include the second sentence of Article 11(1) of the Protocol (which provides that the United Kingdom and the Republic of Ireland may continue to make new arrangements that build on the provisions of the Belfast Agreement in other areas of North-South cooperation on the island of Ireland).

^F1909 Implementing the withdrawal agreement¶

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

Devolution¶

10 Protection for North-South co-operation and ^F62... prevention of new border arrangements¶

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 ^F115... 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 ^F162..., 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.

11 Powers involving devolved authorities corresponding to sections 8 to 8C ¶

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

^I4^I1212 Retaining EU restrictions in devolution legislation etc.¶

^F14^I621 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14^I1082 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14^I623 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14^I1084 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14^I625 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F14^I1086 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I1087 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.

^F124^I1088 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

^F23010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20911 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I10812 Part 3 of Schedule 3 (which contains amendments of devolution legislation not dealt with elsewhere) has effect.

^F11413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary oversight of withdrawal ¶

^F6913 Parliamentary approval of the outcome of negotiations with the EU¶

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

13A Review of EU legislation during implementation period¶

1 Subsection (2) applies where the European Scrutiny Select Committee of the House of Commons (“the ESC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

a states that, in the opinion of the ESC, the EU legislation raises a matter of vital national interest to the United Kingdom,

b confirms that the ESC has taken such evidence as it considers appropriate as to the effect of the EU legislation and has consulted any Departmental Select Committee of the House of Commons which the ESC considers also has an interest in the EU legislation, and

c sets out the wording of a motion to be moved in the House of Commons in accordance with subsection (2).

2 A Minister of the Crown must, within the period of 14 Commons sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (1)(c) to be debated and voted on by the House of Commons.

3 Subsection (4) applies where the EU Select Committee of the House of Lords (“the EUC”) publishes a report in respect of any EU legislation made, or which may be made, during the implementation period and the report—

a states that, in the opinion of the EUC, the EU legislation raises a matter of vital national interest to the United Kingdom,

b confirms that the EUC has taken such evidence as it considers appropriate as to the effect of the EU legislation, and

c sets out the wording of a motion to be moved in the House of Lords in accordance with subsection (4).

4 A Minister of the Crown must, within the period of 14 Lords sitting days beginning with the day on which the report is published, make arrangements for the motion mentioned in subsection (3)(c) to be debated and voted on by the House of Lords.

5 In this section—

“EU legislation” means—
1. any amendment to the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty or the EEA agreement,
2. any EU directive, or
3. any EU regulation or EU decision which is not EU tertiary legislation;
“the European Scrutiny Select Committee of the House of Commons” means the Select Committee of the House of Commons known as the European Scrutiny Select Committee or any successor of that committee;
“the EU Select Committee of the House of Lords” means the Select Committee of the House of Lords known as the EU Select Committee or any successor of that committee.

13B Certain dispute procedures under withdrawal agreement¶

1 Subsection (2) applies if a request has been made under Article 170 of the withdrawal agreement to the other party in a dispute (request to establish an arbitration panel in relation to a dispute between the EU and the United Kingdom).

2 A Minister of the Crown must, within the 14 day period beginning with the day on which the request is made, make a statement in writing to each House of Parliament that the request has been made and setting out the details of it.

3 Subsection (4) applies if the European Court has given a ruling in response to a request by an arbitration panel under Article 174(1) of the withdrawal agreement (request for ruling by European Court on certain questions arising in a dispute submitted to arbitration).

4 A Minister of the Crown must, within the 14 day period beginning with the publication in the Official Journal of the European Union of the ruling of the European Court, make a statement in writing to each House of Parliament that the ruling has been made and setting out the details of it contained in the Official Journal.

5 After the end of each reporting period, a Minister of the Crown must lay before each House of Parliament a report setting out the number of times within the reporting period that the Joint Committee has been provided with notice under Article 169(1) of the withdrawal agreement (notice concerning the commencement of consultations in the Joint Committee to resolve a dispute between the EU and the United Kingdom about the interpretation and application of the withdrawal agreement).

6 In this section—

“reporting period” means—
1. the period of one year beginning with the day on which IP completion day falls, and
2. each subsequent year;
“the 14 day period” means—
1. in relation to the House of Commons, the period of 14 Commons sitting days, and
2. in relation to the House of Lords, the period of 14 Lords sitting days.

13C Bills affecting trade between Northern Ireland and other parts of the United Kingdom¶

1 This section applies where a Minister of the Crown in charge of a Bill in either House of Parliament is of the view that the Bill as introduced into that House contains provision which, if enacted, would affect trade between Northern Ireland and other parts of the United Kingdom.

2 The Minister in charge of the Bill must, before Second Reading of the Bill in the House in question, make—

a a statement to the effect that in the Minister’s view the Bill does not contain provision which, if enacted, would have a significant adverse effect on trade between Northern Ireland and the rest of the United Kingdom, or

b a statement to the effect that the Minister is unable to make such a statement but His Majesty’s Government nevertheless wishes the House to proceed with the Bill.

3 A statement under this section must be in writing and be published in such manner as the Minister considers appropriate.

Financial and other matters¶

14 Financial provision¶

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.

^I1315 Publication and rules of evidence¶

^I491 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.

^I662 Part 2 of Schedule 5 (which makes provision about rules of evidence) has effect.

15A Prohibition on extending implementation period¶

A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period.

15B Ministerial co-chairs of the Joint Committee¶

The functions of the United Kingdom’s co-chair of the Joint Committee, under Annex VIII of the withdrawal agreement (rules of procedure of the Joint Committee and specialised committees), are to be exercised personally by a Minister of the Crown (and, accordingly, only a Minister of the Crown may be designated as a replacement under Rule 1(3)).

15C No use of written procedure in the Joint Committee¶

1 The United Kingdom’s co-chair of the Joint Committee may not consent to the Joint Committee using the written procedure provided for in Rule 9(1) of Annex VIII of the withdrawal agreement.

2 In subsection (1) the reference to the United Kingdom’s co-chair of the Joint Committee includes a reference to any designee of the co-chair designated under Rule 1(3) of Annex VIII of the withdrawal agreement.

^F11916 Maintenance of environmental principles etc.¶

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

17 Family unity for those seeking asylum or other protection in Europe¶

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—
1. 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, or
2. a 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—
1. is aged 18 or over, and
2. by law or custom of the country or territory in which the child is present, has responsibility for caring for the child.

^F20418 Customs arrangement as part of the framework for the future relationship¶

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

^F11019 Future interaction with the law and agencies of the EU¶

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

General and final provision¶

20 Interpretation¶

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—
1. any EU regulation so far as it—
  1. forms part of domestic law on and after IP completion day by virtue of section 3, and
  2. was not EU tertiary legislation immediately before IP completion day, or
2. any Annex to the EEA agreement so far as it—
  1. forms part of domestic law on and after IP completion day by virtue of section 3, and
  2. refers 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—
1. the Scottish Ministers,
2. the Welsh Ministers, or
3. a Northern Ireland department;
“domestic law” means—
1. in sections 3, 7A and 7B, the law of England and Wales, Scotland and Northern Ireland, and
2. in 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—
1. an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act,
2. an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative,
3. an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
4. an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,
5. an enactment contained in, or in an instrument made under, Northern Ireland legislation,
6. 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,
7. 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, and
8. except in sections 1B and 7 or where there is otherwise a contrary intention, any assimilated direct legislation;
“EU decision” means—
1. a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or
2. a 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—
1. any reference to the EU, an EU entity or a member State,
2. any reference to an EU directive or any other EU law, or
3. any 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—
1. any provision made under—
  1. an EU regulation,
  2. a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or
  3. an 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, or
2. any 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—
1. an Act of Parliament,
2. an Act of the Scottish Parliament,
3. a Measure or Act of the National Assembly for Wales, or
4. Northern 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);
^F322...
“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—
1. any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or
2. any 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);
^F88...

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).

^F3197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

21 Index of defined expressions¶

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)
^F327. . .	^F327. . .
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)
^F326. . .	^F326. . .
^F326. . .	^F326. . .
^F326. . .	^F326. . .
^F326. . .	^F326. . .
^F326. . .	^F326. . .
^F326. . .	^F326. . .
^F326. . .	^F326. . .
^F324. . .	^F324. . .
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.

22 Regulations¶

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.

^I5^I1423 Consequential and transitional provision¶

^C81 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.

^I96^I465 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).

^I29^I467 Parts 3 and 4 of Schedule 8 (which contain transitional, transitory and saving provision) have effect.

^I117^I42^I318 The enactments mentioned in Schedule 9 (which contains repeals not made elsewhere in this Act) are repealed to the extent specified.

24 Extent¶

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).

25 Commencement and short title¶

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.

SCHEDULES

^F200SCHEDULE 1 ¶

Further provision about exceptions to savings and incorporation

Section 5(6)

Challenges to validity of assimilated law¶

^I151

^I32^C51 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—

^I32a the European Court has decided before IP completion day that the instrument is invalid, or

^I36b 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.

^F286...¶

^F3282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rule in Francovich¶

^I954There is no right in domestic law on or after IP completion day to damages in accordance with the rule in Francovich.

Interpretation¶

^I575

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.

^F3302 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 ¶

Corresponding powers involving devolved authorities

Section 11

Part 1 Dealing with deficiencies arising from withdrawal¶

Power to deal with deficiencies¶

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¶

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.

^F127...¶

^F1273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement for consultation in certain circumstances¶

4No 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 joint exercise where it would otherwise be required¶

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¶

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¶

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 ^F97..., 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.

1 A provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (^F2... including any provision that could be made only with the consent of a Minister of the Crown), or

b it meets the conditions in sub-paragraph (2).

2 The conditions are—

a the provision—

i amends or revokes subordinate legislation made before 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.

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, ^F118..., 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 ^F180... 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.

11References 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 1A Provision in connection with implementation period¶

11A Supplementary power in connection with implementation period¶

1 A devolved authority may by regulations—

a provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

d make such provision not falling within paragraph (a), (b) or (c) as the devolved authority considers appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

2 A Minister of the Crown acting jointly with a devolved authority may by regulations—

a provide for other modifications for the purposes of section 1B(3)(f)(i) (whether applying in all cases or particular cases or descriptions of case),

b provide for subsection (3) or (4) of section 1B not to apply to any extent in particular cases or descriptions of case,

c make different provision in particular cases or descriptions of case to that made by subsection (3) or (4) of that section, or

d make such provision not falling within paragraph (a), (b) or (c) as they consider appropriate for any purpose of, or otherwise in connection with, Part 4 of the withdrawal agreement.

3 The power to make regulations under this Part may (among other things) be exercised by modifying any provision made by or under an enactment.

4 In sub-paragraph (3) “enactment” does not include primary legislation passed or made after IP completion day.

5 No regulations may be made under this Part after the end of the period of two years beginning with IP completion day.

6 Regulations under sub-paragraph (1) are also subject to paragraphs 11B and 11C.

11B No power to make provision outside devolved competence¶

1 No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2 See paragraphs 11D to 11F for the meaning of “devolved competence” for the purposes of this Part.

11C Certain requirements for consent, joint exercise or consultation¶

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1A¶

11DA provision is within the devolved competence of the Scottish Ministers for the purposes of this Part if—

a it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament (ignoring, in the case of regulations made under this Part before exit day, section 29(2)(d) of the Scotland Act 1998 so far as relating to EU law), or

b it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone (ignoring, in the case of regulations made under this Part before exit day, section 57(2) of the Scotland Act 1998 so far as relating to EU law).

11EA provision is within the devolved competence of the Welsh Ministers for the purposes of this Part if—

a it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law but including any provision that could be made only with the consent of a Minister of the Crown), or

b it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone (ignoring, in the case of regulations made under this Part before exit day, section 80(8) of the Government of Wales Act 2006 so far as relating to EU law).

11FA provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—

a the provision, if it were contained in an Act of the Northern Ireland Assembly—

i would be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and

ii would not require the consent of the Secretary of State,

b the provision—

i amends or repeals Northern Ireland legislation, and

ii would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring, in the case of regulations made under this Part before exit day, section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or

c the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring, in the case of regulations made under this Part before exit day, section 24(1)(b) of the Northern Ireland Act 1998).

PART 1B Provision in connection with certain other separation issues¶

11G Powers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement¶

1 A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a to implement Part 3 of the withdrawal agreement (separation provisions),

b to supplement the effect of section 7A in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

2 A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a to implement Part 3 of the withdrawal agreement (separation provisions),

b to supplement the effect of section 7A in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7A and that Part).

3 A devolved authority may by regulations make such provision as the devolved authority considers appropriate—

a to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b to supplement the effect of section 7B in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

4 A Minister of the Crown acting jointly with a devolved authority may by regulations make such provision as they consider appropriate—

a to implement Part 3 of the EEA EFTA separation agreement (separation provisions),

b to supplement the effect of section 7B in relation to that Part, or

c otherwise for the purposes of dealing with matters arising out of, or related to, that Part (including matters arising by virtue of section 7B and that Part).

5 Regulations under this Part may make any provision that could be made by an Act of Parliament.

6 Regulations under this Part may (among other things) restate, for the purposes of making the law clearer or more accessible, anything that forms part of domestic law by virtue of—

a section 7A above and Part 3 of the withdrawal agreement, or

b section 7B above and Part 3 of the EEA EFTA separation agreement.

7 But regulations under this Part may not—

a impose or increase taxation or fees,

b make retrospective provision,

c create a relevant criminal offence,

d establish a public authority,

e amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it, or

8 Regulations under sub-paragraph (1) or (3) are also subject to paragraphs 11H and 11I.

9 In this paragraph references to Part 3 of the withdrawal agreement or of the EEA EFTA separation agreement include references to any provision of EU law which is applied by, or referred to in, that Part (to the extent of the application or reference).

11H No power to make provision outside devolved competence¶

1 No provision may be made by a devolved authority acting alone in regulations under this Part unless the provision is within the devolved competence of the devolved authority.

2 See paragraphs 11J to 11L for the meaning of “devolved competence” for the purposes of this Part.

11I Certain requirements for consent, joint exercise or consultation¶

Paragraphs 5 to 7 apply for the purposes of this Part as they apply for the purposes of Part 1.

Meaning of devolved competence: Part 1B¶

11JA 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 ^F232..., or

b it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone ^F229....

11KA 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 (^F238... including any provision that could be made only with the consent of a Minister of the Crown), or

b it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone. ^F234...

11LA 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, ^F243..., 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 ^F242... and require the consent of the Secretary of State, or

c the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone ^F237....

PART 1C Provision in connection with Protocol on Ireland/Northern Ireland¶

11M Power in connection with Protocol on Ireland/Northern Ireland¶