OpenLegislation

Paragraph 2 C1I1

United Kingdom

(1)

Any reference F1so far as it—

(a)

exists, immediately before F2IP completion day, in—

(i)

any enactment,

(ii)

any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3, or

(iii)

any document relating to anything falling within sub-paragraph (i) or (ii),

(b)

is not a reference to which paragraph 1(1) applies, and

(c)

is, immediately before IP completion day, a reference to (as it has effect from time to time) any of the EU Treaties, any EU instrument or any other document of an EU entity,

is to be read, on or after IP completion day, as a reference to the EU Treaty, instrument or document as it has effect immediately before IP completion day.

(2)

Sub-paragraph (1) does not apply to any reference F3so far as it forms part of a power to make, confirm or approve subordinate legislation so far as the power to make the subordinate legislation—

(a)

continues to be part of domestic law by virtue of section 2, and

(b)

is subject to a procedure before Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

F4(2A)

Sub-paragraph (1) does not apply so far as any reference forms part of relevant separation agreement law.

(3)

Sub-paragraphs (1) F5to (2A) are subject to any other provision made by or under this Act or any other enactment.

Annotations

Textual amendments

F1

Words in Sch. 8 para. 2(1) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(c)(i)

F2

Words in Sch. 8 para. 2(1) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(3)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F3

Words in Sch. 8 para. 2(2) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447), regs. 1(3), 3(2)(c)(ii)

F4

Sch. 8 para. 2(2A) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(3)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F5

Words in Sch. 8 para. 2(3) substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 54(3)(c) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

Modifications

C1

Sch. 8 para. 2 excluded (30.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), s. 9(3), Sch. 1 para. 2

Commencement

I1

Sch. 8 para. 2 in force at 31.12.2020 by S.I. 2020/1622, reg. 3(n) (with reg. 19)