Section 2 Consistent application of law to whole of EEA.

C1(1)

Where—

(a)

the operation of any relevant enactment is limited (expressly or by implication) by reference to the F1European Union or by reference to some connection with the European Union, and

(b)

the enactment relates to a matter to which the Agreement (as it has effect on the date on which it comes into force) relates,

then, unless the context otherwise requires, the enactment shall have effect on and after that date in relation to that matter with the substitution of a corresponding limitation relating to the European Economic Area (or, where appropriate, to both the European Union and the European Economic Area).

(2)

Subsection (1) above shall have effect—

(a)

subject to the Schedule to this Act, and

(b)

subject to such exceptions and modifications as may be prescribed by regulations made by a Minister of the Crown.

(3)

Subsection (1) above shall not be regarded—

(a)

as having an effect which is inconsistent with the operation, by virtue of the Agreement, of section 2(1) of the 1972 Act F2as at immediately before F3IP completion day, F4...

(b)

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

and any instrument made for such a purpose under section 2(2) of the 1972 Act or under any other enactment may exclude the operation of subsection (1) above.

F5(3A)

This section is subject to any amendment, repeal, revocation or other modification of F6assimilated law on or after F7exit day.

F8(4)

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

(5)

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

(6)

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

(7)

In this section (and in the Schedule to this Act) “relevant enactment” means a provision of an Act passed, or of any subordinate legislation made, before the date on which the Agreement comes into force.

Annotations

Textual amendments

F1: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 4 (with art. 3(2)(3)4(2)6(4)6(5))
F2: Words in s. 2(3)(a) inserted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 25(2)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n)
F3: Words in s. 2(3)(a) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 14 (with s. 38(3)); S.I. 2020/1622, reg. 5(j)
F4: S. 2(3)(b) and word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 25(2)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n) (with reg. 22)
F5: S. 2(3A) inserted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 25(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n)
F6: Word in s. 2(3A) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 34(2)(a)
F7: Words in s. 2(3A) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 14 (with s. 38(3)); S.I. 2020/1622, reg. 5(j)
F8: S. 2(4)-(6) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 25(4) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(n) (with reg. 22)

Modifications

C1

S. 2(1) restricted (1.1.1994) by S.I. 1993/3183, reg. 2.

S. 2(1) restricted (E.W.S.) (9.3.1995) by S.I. 1995/278, art. 4