Paragraph 8D Powers in connection with other separation issues in the withdrawal agreement etc.F1
A statutory instrument containing regulations under section 8B which amend, repeal or revoke—
primary legislation, F2...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under section 8B is subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under Part 1B of Schedule 2 of the Scottish Ministers acting alone which amend, repeal or revoke—
primary legislation, F3...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
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).
A statutory instrument containing regulations under Part 1B of Schedule 2 of the Welsh Ministers acting alone which amend, repeal or revoke—
primary legislation, F4...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
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.
Regulations under Part 1B of Schedule 2 of a Northern Ireland department acting alone which amend, repeal or revoke—
primary legislation, F5...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
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)