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The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780348231342

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 11 of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Devolution

Made ***

Coming into force 31st March 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by section 12(9) of the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 11 of Schedule 7 to that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16. “Minister of the Crown”, “modify” and “enactment” are each defined in section 20(1) of that Act.

Contents

  1. Part 1: Introductory provision
  2. 1Citation, commencement and extent
  3. Part 2: Repeal of EU restrictions in devolution Acts and consequential amendment of devolution Acts
  4. 2Amendment of the Scotland Act 1998
  5. 3Amendment of the Northern Ireland Act 1998
  6. 4Amendment of the Government of Wales Act 2006
  7. Part 3: Further consequential amendments
  8. 5Amendment of the Criminal Procedure (Scotland) Act 1995
  9. 6Amendment of the European Union (Withdrawal) Act 2018
  10. 7Amendment of the European Union (Withdrawal Agreement) Act 2020
  11. 8Amendment of the European Union (Future Relationship) Act 2020
  12. 9Amendment of the Trade Act 2021
  13. Signature
  14. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022, and come into force on 31st March 2022.

(2)

These Regulations extend to England and Wales, Scotland and Northern Ireland, except as provided by paragraph (3).

(3)

Regulations 5 and 6(5)(b) extend to Scotland only.

2Amendment of the Scotland Act 1998

(1)

The Scotland Act 1998f1 is amended as follows.

(2)

In section 29(2) (provisions outside legislative competence)f2, in paragraph (d), omit “or in breach of the restriction in section 30A(1)”.

(3)

Omit section 30A (legislative competence: restriction relating to retained EU law)f3.

(4)

In section 57 (Convention rights and retained EU law)f4—

(a)

in the heading, omit “and retained EU law”;

(b)

omit subsections (4) to (15).

(5)

In Schedule 6 (devolution issues)f5, in paragraph 1(d), omit “or in breach of the restriction in section 57(4)”.

(6)

In Schedule 7 (procedure for subordinate legislation)f6—

(a)

in paragraph 1(2), in the table—

(i)

omit the entry for section 30A;

(ii)

omit the entry for section 57(4);

(b)

omit paragraph 6.

3Amendment of the Northern Ireland Act 1998

(1)

The Northern Ireland Act 1998f1 is amended as follows.

(2)

In section 6(2) (provisions outside legislative competence)f2, omit paragraph (d).

(3)

Omit section 6A (restriction relating to retained EU law)f3.

(4)

In section 24 (Convention rights, retained EU law etc.)f4—

(a)

in the heading, omit “, retained EU law”;

(b)

omit subsections (3) to (15).

(5)

In section 96 (orders and regulations)f5, omit subsection (4A).

(6)

Omit section 96A (explanatory statements in relation to certain regulations)f6.

4Amendment of the Government of Wales Act 2006

(1)

The Government of Wales Act 2006f1 is amended as follows.

(2)

In the italic heading before section 80 (retained EU law, human rights and international obligations etc.)f2, for “law” substitute “obligations”.

(3)

In section 80 (retained EU law)f3—

(a)

in the heading, for “law” substitute “obligations”;

(b)

omit subsections (8) to (8L);

(c)

in subsection (9), for “Subsections (1), (8) and (8L) apply” substitute “Subsection (1) applies”.

(4)

In section 108A(2)(e) (no competence to legislate incompatibly with Convention rights or in breach of section 109A(1))f4, omit “or in breach of the restriction in section 109A(1)”.

(5)

Omit section 109A (legislative competence: restriction relating to retained EU law)f5.

(6)

Omit section 157ZA (explanatory statements in relation to certain regulations)f6.

5Amendment of the Criminal Procedure (Scotland) Act 1995

(1)

The Criminal Procedure (Scotland) Act 1995f1 is amended as follows.

(2)

In the italic heading before section 288ZA (Convention rights and EU law compatibility issues, and devolution issues)f2, omit “and EU law”.

(3)

In section 288ZA(2) (right of Advocate General to take part in proceedings: meaning of “compatibility issue”)f3—

(a)

in paragraph (a), omit sub-paragraph (ii) and the “or” at the end;

(b)

in paragraph (b), omit the words from “or in breach” to “retained EU law)”.

6Amendment of the European Union (Withdrawal) Act 2018

(1)

The European Union (Withdrawal) Act 2018 is amended as follows.

(2)

In section 12 (retaining EU restrictions in devolution legislation etc.), omit subsections (1) to (6), (8), (10), (11) and (13).

(3)

In Schedule 2 (corresponding powers involving devolved authorities)—

(a)

in Part 1 (dealing with deficiencies arising from withdrawal)—

(i)

omit paragraph 3 (and the italic heading before it);

(ii)

in paragraph 8(1)(a), omit the words from “(ignoring” to “retained EU law)”;

(iii)

in paragraph 9(1)(a), omit the words from “ignoring” to “but”;

(iv)

in paragraph 10(1), in paragraphs (a)(i) and (b)(ii), omit the words from “(ignoring” to “1998)”;

(b)

in Part 1B (provision in connection with certain other separation issues)f1—

(i)

in paragraph 11J—

(aa)

in paragraph (a), omit the words from “(ignoring” to “retained EU law)”;

(bb)

in paragraph (b), omit the words from “(ignoring” to “that Act)”;

(ii)

in paragraph 11K—

(aa)

in paragraph (a), omit the words from “ignoring” to “but”;

(bb)

in paragraph (b), omit the words from “(ignoring” to “2006)”;

(iii)

in paragraph 11L, in paragraphs (a)(i), (b)(ii) and (c), omit the words from “(ignoring” to “1998)”.

(4)

In Schedule 3 (further amendments of devolution legislation and reporting requirement)—

(a)

in Part 1 (corresponding provision in relation to executive competence), omit paragraphs 1(b), 2 (and the italic heading before it) and 3(b);

(b)

omit Part 2 (reports in connection with retained EU law restrictions);

(c)

in Part 3 (other amendments of devolution legislation), omit paragraphs 13(2)(b), 23(2), 24, 25, 37(7), 43, 55(b), 57 and 58.

(5)

In Schedule 8 (consequential, transitional, transitory and saving provision)—

(a)

in Part 1 (general consequential provision)—

(i)

omit paragraph 8(1)(b) but not the “and” at the end;

(ii)

omit paragraph 12(1)(b) but not the “and” at the end;

(b)

in Part 2 (specific consequential provision), omit paragraph 29(2);

(c)

in Part 4 (specific transitional, transitory and saving provision), omit paragraph 43.

7Amendment of the European Union (Withdrawal Agreement) Act 2020

(1)

The European Union (Withdrawal Agreement) Act 2020f1 is amended as follows.

(2)

In Schedule 1 (powers of devolved authorities under sections 12, 13 and 14)—

(a)

in paragraph 2—

(i)

in paragraph (a), omit the words from “(ignoring” to “retained EU law)”;

(ii)

in paragraph (b), omit the words from “(ignoring” to “that Act)”;

(b)

in paragraph 3—

(i)

in paragraph (a), omit the words from “ignoring” to “but”;

(ii)

in paragraph (b), omit the words from “(ignoring” to “2006)”;

(c)

in paragraph 4, in paragraphs (a)(i), (b)(ii) and (c), omit the words from “(ignoring” to “1998)”.

(3)

In Schedule 5 (consequential and transitional provision etc.), omit paragraphs 18, 19, 23, 25, 28, 29 and 54(5)(a) (and the “and” at the end) and (7)(a) (and the “and” at the end).

8Amendment of the European Union (Future Relationship) Act 2020

Omit paragraphs 1 to 3 (and the italic heading before each of those paragraphs) of Schedule 6 to the European Union (Future Relationship) Act 2020 (consequential provision)f1.

9Amendment of the Trade Act 2021

(1)

The Trade Act 2021f1 is amended as follows.

(2)

In Schedule 1 (restrictions on devolved authorities)—

(a)

in paragraph 6—

(i)

in paragraph (a), omit the words from “(ignoring” to “retained EU law)”;

(ii)

in paragraph (b), omit the words from “(ignoring” to “that Act)”;

(b)

in paragraph 7—

(i)

in paragraph (a), omit the words from “ignoring” to “but”;

(ii)

in paragraph (b), omit the words from “(ignoring” to “2006)”;

(c)

in paragraph 8, in paragraphs (a)(i), (b)(ii) and (c), omit the words from “(ignoring” to “1998)”.

(3)

In Schedule 3 (exceptions to restrictions in the devolution settlements), omit paragraphs 1 to 3 (and the italic heading before each of those paragraphs).

Signature

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Name

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision to repeal the limitations on devolved legislative and executive competence introduced by section 12 of and Part 1 of Schedule 3 to the European Union (Withdrawal) Act 2018, and further provision in consequence of the repeals. The competence limitations, which were inserted as sections 30A and 57(4) to (15) of the Scotland Act 1998, sections 80(8) to (8L) and 109A of the Government of Wales Act 2006 and sections 6A and 24(3) to (15) of the Northern Ireland Act 1998, provided that the devolved legislatures could not legislate, and the devolved administrations could not exercise functions, contrary to restrictions specified by UK government ministers in regulations. No such regulations have been made.

Part 2 repeals those limitations and makes further consequential amendments to the devolution settlements.

Part 3 makes consequential amendments to other legislation as a result of the repeals made by Part 2 of this instrument.

An impact assessment has not been produced for this instrument as no, or no significant, impact on business, charities or the public or voluntary sector is foreseen.