OpenLegislation

Paragraph 8D Powers in connection with other separation issues in the withdrawal agreement etc.F1

(1)

A statutory instrument containing regulations under section 8B which amend, repeal or revoke—

(a)

primary legislation, F2...

(b)

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

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2)

Any other statutory instrument containing regulations under section 8B is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

Regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—

(a)

primary legislation, F3...

(b)

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

are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(4)

Any other regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(5)

A statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—

(a)

primary legislation, F4...

(b)

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

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(6)

Any other statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7)

Regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—

(a)

primary legislation, F5...

(b)

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

may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8)

Any other regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

Annotations

Textual amendments

F1

Sch. 7 Pt. 1A inserted (23.1.2020 for specified purposes, 31.1.2020 for specified purposes, 19.5.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(ix), Sch. 5 para. 51 (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xxiii); S.I. 2020/518, reg. 2(p)(i)

F2

Sch. 7 para. 8D(1)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(c)

F3

Sch. 7 para. 8D(3)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(c)

F4

Sch. 7 para. 8D(5)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(c)

F5

Sch. 7 para. 8D(7)(b) and word omitted (29.6.2023) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 3(2)(c)