European Union (Withdrawal) Act 2018
2018 c. 16 · Enacted 26 June 2018 · Extends to United Kingdom
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Commencement
- I1
Act in force at 30.1.2020 so far as is necessary for the operation of the applied provisions by 2020 c. 2, s. 2(11)(b)
Contents
- Repeal of the ECA
- 1Repeal of the European Communities Act 1972
- Savings for implementation period
- 1ASaving for ECA for implementation period
- 1BSaving for EU-derived domestic legislation for implementation period
- Retention of saved EU law at end of implementation period
- 2Saving for EU-derived domestic legislation
- 3Incorporation of direct EU legislation
- 4Saving for rights etc. under section 2(1) of the ECA Repealed
- 5Exceptions to savings and incorporation
- 5ASavings and incorporation: supplementary
- 6Interpretation of assimilated law
- 6DIncompatibility orders
- 7Status of assimilated law
- Further aspects of withdrawal
- 7AGeneral implementation of remainder of withdrawal agreement
- 7BGeneral implementation of EEA EFTA and Swiss agreements
- 7CInterpretation of relevant separation agreement law
- Main powers in connection with withdrawal
- 8Dealing with deficiencies arising from withdrawal
- 8ASupplementary power in connection with implementation period
- 8BPower in connection with certain other separation issues
- 8CPower in connection with Ireland/Northern Ireland Protocol in withdrawal agreement
- 9Implementing the withdrawal agreement Repealed
- Devolution
- 10Protection for North-South co-operation and ... prevention of new border arrangements
- 11Powers involving devolved authorities corresponding to sections 8 to 8C
- 12Retaining EU restrictions in devolution legislation etc.
- Parliamentary oversight of withdrawal
- 13Parliamentary approval of the outcome of negotiations with the EU Repealed
- 13AReview of EU legislation during implementation period
- 13BCertain dispute procedures under withdrawal agreement
- 13CBills affecting trade between Northern Ireland and other parts of the United Kingdom
- Financial and other matters
- 14Financial provision
- 15Publication and rules of evidence
- 15AProhibition on extending implementation period
- 15BMinisterial co-chairs of the Joint Committee
- 15CNo use of written procedure in the Joint Committee
- 16Maintenance of environmental principles etc. Repealed
- 17Family unity for those seeking asylum or other protection in Europe
- 18Customs arrangement as part of the framework for the future relationship Repealed
- 19Future interaction with the law and agencies of the EU Repealed
- General and final provision
- 20Interpretation
- 21Index of defined expressions
- 22Regulations
- 23Consequential and transitional provision
- 24Extent
- 25Commencement and short title
- Schedule 1: Further provision about exceptions to savings and incorporation
- Challenges to validity of assimilated law
- 1Paragraph 1
- ...
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Rule in Francovich
- 4Paragraph 4
- Interpretation
- 5Paragraph 5
- Schedule 2: Corresponding powers involving devolved authorities
- Part 1: Dealing with deficiencies arising from withdrawal
- Power to deal with deficiencies
- 1Paragraph 1
- No power to make provision outside devolved competence
- 2Paragraph 2
- ...
- 3Paragraph 3 Repealed
- Requirement for consultation in certain circumstances
- 4Paragraph 4
- Requirement for consent where it would otherwise be required
- 5Paragraph 5
- Requirement for joint exercise where it would otherwise be required
- 6Paragraph 6
- Requirement for consultation where it would otherwise be required
- 7Paragraph 7
- Meaning of devolved competence: Part 1
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 1A: Provision in connection with implementation period
- 11ASupplementary power in connection with implementation period
- 11BNo power to make provision outside devolved competence
- 11CCertain requirements for consent, joint exercise or consultation
- 11DMeaning of devolved competence: Part 1A
- 11EMeaning of devolved competence: Part 1A
- 11FMeaning of devolved competence: Part 1A
- Part 1B: Provision in connection with certain other separation issues
- 11GPowers in connection with Part 3 of withdrawal agreement and EEA EFTA separation agreement
- 11HNo power to make provision outside devolved competence
- 11ICertain requirements for consent, joint exercise or consultation
- 11JMeaning of devolved competence: Part 1B
- 11KMeaning of devolved competence: Part 1B
- 11LMeaning of devolved competence: Part 1B
- Part 1C: Provision in connection with Protocol on Ireland/Northern Ireland
- 11MPower in connection with Protocol on Ireland/Northern Ireland
- 11NNo power to make provision outside devolved competence
- 11OCertain requirements for consent, joint exercise or consultation
- 11PMeaning of devolved competence: Part 1C
- 11QMeaning of devolved competence: Part 1C
- 11RMeaning of devolved competence: Part 1C
- Part 2: Implementing the withdrawal agreement Repealed
- Power to implement withdrawal agreement Repealed
- 12Paragraph 12 Repealed
- No power to make provision outside devolved competence Repealed
- 13Paragraph 13 Repealed
- No power to modify retained direct EU legislation etc. Repealed
- 14Paragraph 14 Repealed
- Requirement for consultation in certain circumstances Repealed
- 15Paragraph 15 Repealed
- Certain requirements for consent, joint exercise or consultation Repealed
- 16Paragraph 16 Repealed
- Meaning of devolved competence: Part 2 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- Schedule 3: Further amendments of devolution legislation and reporting requirement
- Part 1: Corresponding provision in relation to executive competence
- Scotland Act 1998
- 1Paragraph 1
- ...
- 2Paragraph 2 Repealed
- Northern Ireland Act 1998
- 3Paragraph 3
- Part 2: Reports in connection with retained EU law restrictions Repealed
- Reports on progress towards removing retained EU law restrictions Repealed
- 4Paragraph 4 Repealed
- Interpretation Repealed
- 5Paragraph 5 Repealed
- Part 3: Other amendments of devolution legislation
- Scotland Act 1998
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26
- Government of Wales Act 2006
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- Northern Ireland Act 1998
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57 Repealed
- 58Paragraph 58 Repealed
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- Schedule 4: Powers in connection with fees and charges
- Part 1: Charging in connection with certain new functions
- Power to provide for fees or charges
- 1Paragraph 1
- Meaning of “appropriate authority”
- 2Paragraph 2
- Requirements for consent
- 3Paragraph 3
- Minister of the Crown power in relation to devolved authorities
- 4Paragraph 4
- Time limit for making certain provision
- 5Paragraph 5
- Relationship to other powers
- 6Paragraph 6
- Part 2: Modifying pre-exit fees or charges
- Power to modify pre-exit fees or charges
- 7Paragraph 7
- Meaning of “appropriate authority”
- 8Paragraph 8
- Restriction on exercise of power
- 9Paragraph 9
- Requirement for consent
- 10Paragraph 10
- Relationship to other powers
- 11Paragraph 11
- Schedule 5: Publication and rules of evidence
- Part 1: Publication of retained direct EU legislation etc.
- Things that must or may be published
- 1Paragraph 1
- Exceptions from duty to publish
- 2Paragraph 2
- Part 2: Rules of evidence
- Questions as to meaning of EU law
- 3Paragraph 3
- Power to make provision about judicial notice and admissibility
- 4Paragraph 4
- Schedule 6: Instruments which are exempt EU instruments
- EU decisions
- 1Paragraph 1
- EU regulations
- 2Paragraph 2 Repealed
- EU tertiary legislation
- 3Paragraph 3
- Interpretation
- 4Paragraph 4 Repealed
- Schedule 7: Regulations
- Part 1: Scrutiny of powers to deal with deficiencies
- Scrutiny of regulations made by Minister of the Crown or devolved authority acting alone
- 1Paragraph 1
- Scrutiny of regulations made by Minister of the Crown and devolved authority acting jointly
- 2Paragraph 2
- Parliamentary committee to sift certain deficiencies regulations of a Minister of the Crown
- 3Paragraph 3
- Committee of the National Assembly for Wales to sift certain deficiencies regulations of Welsh Ministers
- 4Paragraph 4
- Scrutiny procedure in certain urgent deficiencies cases: Ministers of the Crown
- 5Paragraph 5
- Scrutiny procedure in certain urgent deficiencies cases: devolved authorities
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 1A: Scrutiny of Specific Powers Relating to Withdrawal Agreement Etc.
- 8APowers in connection with Part 4 of the withdrawal agreement
- 8BPowers in connection with Part 4 of the withdrawal agreement
- 8CPowers in connection with Part 4 of the withdrawal agreement
- 8DPowers in connection with other separation issues in the withdrawal agreement etc.
- 8EPowers in connection with other separation issues in the withdrawal agreement etc.
- 8FPowers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement
- 8GPowers in connection with the Ireland/Northern Ireland Protocol in the withdrawal agreement
- Part 2: Scrutiny of other powers under Act
- Power to enable challenges to validity of assimilated law
- 9Paragraph 9
- Power in relation to interpretation of retained EU law
- 9AParagraph 9A
- ...
- 10Paragraph 10 Repealed
- Power to repeal provisions relating to retained EU law restrictions
- 11Paragraph 11
- Powers in connection with fees and charges
- 12Paragraph 12
- Power to make provision about judicial notice and admissibility
- 13Paragraph 13
- Power to amend the definition of “exit day”
- 14Paragraph 14
- Power to make consequential provision
- 15Paragraph 15
- Power to make transitional, transitory or saving provision
- 16Paragraph 16
- Parliamentary committee to sift ... consequential regulations of a Minister of the Crown
- 17Paragraph 17
- ...
- 18Paragraph 18 Repealed
- Scrutiny procedure for certain powers to which this Part applies in urgent cases
- 19Paragraph 19
- Part 3: General provision about powers under Act
- Scope and nature of powers: general
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Scope of consequential and transitional powers
- 23Paragraph 23
- Anticipatory exercise of powers in relation to section 1B(2) saved law
- 23AParagraph 23A
- Anticipatory exercise of powers in relation to retained EU law
- 24Paragraph 24
- Anticipatory exercise of powers in relation to the withdrawal agreement etc.
- 24AParagraph 24A
- Scope of appointed day powers
- 25Paragraph 25
- Effect of certain provisions in Schedule 8 on scope of powers
- 26Paragraph 26
- Disapplication of certain review provisions
- 27Paragraph 27
- Explanatory statements for certain powers: appropriateness, equalities etc.
- 28Paragraph 28
- 29Paragraph 29
- Further explanatory statements in certain sub-delegation cases
- 30Paragraph 30
- 31Paragraph 31
- Annual reports in certain sub-delegation cases
- 32Paragraph 32
- 33Paragraph 33
- Further explanatory statements in urgency cases
- 34Paragraph 34
- 35Paragraph 35
- Hybrid instruments
- 36Paragraph 36
- Procedure on re-exercise of certain powers
- 37Paragraph 37
- Combinations of instruments
- 38Paragraph 38
- Schedule 8: Consequential, transitional, transitory and saving provision
- Part 1: General consequential provision
- Existing ambulatory references to assimilated direct legislation
- 1Paragraph 1
- Existing ambulatory references to relevant separation agreement law
- 1AParagraph 1A
- Other existing ambulatory references
- 2Paragraph 2
- Existing non-ambulatory references
- 2AParagraph 2A
- Existing powers to make subordinate legislation etc.
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7
- 8Paragraph 8
- Review provisions in existing subordinate legislation
- 9Paragraph 9
- Future powers to make subordinate legislation
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 11AParagraph 11A
- 11BParagraph 11B
- 12Paragraph 12
- ...
- 13Paragraph 13 Repealed
- ...
- 14Paragraph 14 Repealed
- Explanatory statements for instruments amending or revoking regulations etc. under section 2(2) of the ECA
- 15Paragraph 15 Repealed
- 16Paragraph 16
- Part 2: Specific consequential provision
- Finance Act 1973
- 17Paragraph 17
- Interpretation Act 1978
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- European Economic Area Act 1993
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Criminal Procedure (Scotland) Act 1995
- 29Paragraph 29
- Human Rights Act 1998
- 30Paragraph 30
- Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Small Business, Enterprise and Employment Act 2015
- 36Paragraph 36
- Part 3: General transitional, transitory or saving provision
- Continuation of existing acts etc.
- 36AParagraph 36A
- 37Paragraph 37
- Part 4: Specific transitional, transitory and saving provision
- Retention of saved EU law at end of implementation period
- 37AParagraph 37A
- 38Paragraph 38
- 39Paragraph 39
- Main powers in connection with withdrawal
- 40Paragraph 40
- Devolution
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- Other provision
- 44Paragraph 44
- 45Paragraph 45
- Schedule 9: Additional repeals