OpenLegislation

Paragraph 12 I1C1I2

United Kingdom

(1)

Paragraphs F111A and 11B and this paragraph—

(a)

do not prevent the conferral of wider powers,

F2(b)

... and

(c)

are subject to any other provision made by or under this Act or any other enactment.

(2)

For the purposes of paragraphs F311A and 11B—

(a)

a power is conferred whether or not it is in force,

(b)

a power in F4assimilated direct legislation is conferred on or after the day on which this Act is passed, and

(c)

the references to powers conferred include powers conferred by regulations under this Act (but not powers conferred by this Act).

(3)

A power which, by virtue of paragraph 10 or 11 or any Act of Parliament passed after F5this Act and before IP completion day, is capable of being exercised to modify any retained EU law is capable of being so exercised before F6IP completion day so as to come into force on or after IP completion day.

F7(4)

Sub-paragraph (5) applies in relation to a power if—

(a)

paragraph 11A applies in relation to the power, and

(b)

immediately before the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023, and by virtue of a combination of provision in the power and paragraph 10 or 11 as it then had effect, the power was capable of being exercised to modify (or, as the case may be, result in the modification of) any retained direct EU legislation F8....

(5)

The continued existence of the provision in the power does not prevent the context from permitting or requiring the power to be read in accordance with paragraph 11A so far as the reading provided for by that paragraph is not provided for by the provision concerned (and, accordingly, the power continues to be capable of being exercised as mentioned in sub-paragraph (4) on and after the coming into force of section 9 of the Retained EU Law (Revocation and Reform) Act 2023).

Annotations

Textual amendments

F1

Words in Sch. 8 para. 12(1) substituted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(7)(a), 22(1)(d)

F2

Sch. 8 para. 12(1)(b) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 6(4)(c)

F3

Words in Sch. 8 para. 12(2) substituted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(7)(a), 22(1)(d)

F4

Words in Sch. 8 para. 12(2)(b) 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)

F5

Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(i) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

F6

Words in Sch. 8 para. 12(3) substituted (30.1. 2020 for specified purposes, 31.1.2020 in so far as not already in force) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(7)(b)(ii) (with s. 38(3), Sch. 5 para. 66); 2020 c. 2, s. 2(11)(c); S.I. 2020/75, reg. 4(n)(xxv)

F7

Sch. 8 para. 12(4)(5) inserted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 9(7)(b), 22(1)(d)

F8

Words in Sch. 8 para. 12(4)(b) 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)(d)

Modifications

C1

Sch. 8 paras. 10-12 applied (with modifications) (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 2(3)-(5), 9(3)

Commencement

I1

Sch. 8 para. 12 in force at 30.1.2020 for specified purposes by 2020 c. 2, s. 2(11)(a)(b)

I2

Sch. 8 para. 12 in force at 31.1.2020 in so far as not already in force by S.I. 2020/74, reg. 2(c)(ii)