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Paragraph 11B F1

—

(1)

This paragraph applies to a power to make, confirm or approve subordinate legislation which is conferred on or after the day on which section 9 of the Retained EU Law (Revocation and Reform) Act 2023 comes into force.

(2)

The power is to be read, so far as applicable and unless the contrary intention appears, as being capable of being exercised to modify (or, as the case may be, result in the modification of) any F2assimilated direct legislation F3....

(3)

But sub-paragraph (2) enables a power in F4assimilated direct minor legislation to be exercised to modify (or result in the modification of) any F5assimilated direct principal legislation F6... only if—

(a)

the modification is—

(i)

consistent with any assimilated direct principal legislation ..., and

(ii)

supplementary, incidental or consequential in connection with any modification of any assimilated direct minor legislation, or

(b)

the power is a power to make, confirm or approve transitional, transitory or saving provision.

(4)

For the purposes of sub-paragraph (2), there is no contrary intention merely because a power is expressed as being capable of being exercised—

(a)

to modify all enactments or a particular category of enactments, or

(b)

to make a particular category of modifications to all enactments or to a particular category of enactments.

Annotations

Textual amendments

F1

Sch. 8 paras. 11A, 11B inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(6), 22(1)(d)

F2

Words in Sch. 8 para. 11B(2) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(15)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F3

Words in Sch. 8 para. 11B(2) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 89(6)(c)

F4

Words in Sch. 8 para. 11B(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(15)(d)(i) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F5

Words in Sch. 8 para. 11B(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(15)(d)(ii) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F6

Words in Sch. 8 para. 11B(3) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 89(6)(c)