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The European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020 (Commencement, Transitional and Savings Provisions) Regulations 2020

S.I. 2020/1622 · Made 21 December 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Made 21st December 2020

The Minister for the Cabinet Office, in exercise of the powers conferred by sections 23(6) and 25(4) of, and paragraphs 23(3) and 26 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1 and by sections 41(5) and 42(7) of, and paragraph 68(1) of Schedule 5 to, the European Union (Withdrawal Agreement) Act 2020f2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2018 c. 16.

f2

2020 c. 1.

Contents

  1. Part 1: Citation, commencement and interpretation
  2. 1Citation, commencement and interpretation
  3. Part 2: Provisions coming into force
  4. 2EU(W)A 2018 provisions coming into force on 31st December 2020
  5. 3EU(W)A 2018 provisions coming into force on IP completion day
  6. 4EU(WA)A 2020 provisions coming into force on 31st December 2020
  7. 5EU(WA)A 2020 provisions coming into force on IP completion day
  8. Part 3: Transitional and saving provisions
  9. 6European Communities Act 1972
  10. 7Interpretation Act 1978
  11. 8European Union (Amendment) Act 2008
  12. 9Further savings in relation to the European Union (Amendment) Act 2008
  13. 10Devolution
  14. 11Scotland Act 1998
  15. 12Scottish Taxpayers
  16. 13Interpretation and Legislative Reform (Scotland) Act 2010
  17. 14Government of Wales Act 2006
  18. 15Welsh taxpayers
  19. 16Northern Ireland Act 1998
  20. 17Transitional provision for section 5A of EU(W)A 2018
  21. 18Transitional provision for paragraph 14 of Schedule 8 to EU(W)A 2018
  22. 19Cross-references
  23. 20Relation to interpretation legislation
  24. 21General saving provision
  25. 22General provision relating to repeals
  26. Signature
  27. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020 (Commencement, Transitional and Savings Provisions) Regulations 2020.

(2)

Part 3 (transitional and saving provisions) comes into force on IP completion day.

(3)

In these Regulations—

  • “ECA 1972” means the European Communities Act 1972f1;

  • “EU(A)A 2008” means the European Union (Amendment) Act 2008f2;

  • “EU(W)A 2018” means the European Union (Withdrawal) Act 2018;

  • “EU(WA)A 2020” means the European Union (Withdrawal Agreement) Act 2020;

  • “GOWA 2006” means the Government of Wales Act 2006f3;

  • “IA 1978” means the Interpretation Act 1978f4;

  • “ILR(S)A 2010” means the Interpretation and Legislative Reform (Scotland) Act 2010f5;

  • “NIA 1998” means the Northern Ireland Act 1998f6;

  • “SA 1998” means the Scotland Act 1998f7.

2EU(W)A 2018 provisions coming into force on 31st December 2020

The day appointed for the coming into force of the following provisions of EU(W)A 2018 is 31st December 2020—

(a)

section 23(8) (consequential and transitional provision) insofar as it relates to the repeal of—

(i)

the European Parliamentary Elections Act 2002f1 to the extent that it is not already repealed; and

(ii)

the European Parliament (Representation) Act 2003f2;

(b)

Schedule 9 (additional repeals) insofar as it relates to the repeal of those Acts.

3EU(W)A 2018 provisions coming into force on IP completion day

The following provisions of EU(W)A 2018 come into force on IP completion day—

(a)

section 2 (saving for EU-derived domestic legislation);

(b)

section 3 (incorporation of direct EU legislation);

(c)

section 4 (saving for rights etc. under section 2(1) of ECA 1972);

(d)

section 5 (exceptions to savings and incorporation) to the extent that it is not already in force;

(e)

section 6(1) to (6) (interpretation of retained EU law) to the extent that it is not already in force;

(f)

section 7 (status of retained EU law) to the extent that it is not already in force;

(g)

section 12 (retaining EU restrictions in devolution legislation etc.) to the extent that it is not already in force;

(h)

section 15(2) (publication and rules of evidence) to the extent that it is not already in force;

(i)

section 23(5) and (7) (consequential and transitional provision) to the extent that it is not already in force;

(j)

section 23(8) (consequential and transitional provision) insofar as it relates to the repeal of—

(i)

the EU(A)A 2008 to the extent that it is not already repealed;

(ii)

the European Union (Finance) Act 2015f1 to the extent it is not already repealed;

(k)

Schedule 1 (further provision about exceptions to savings and incorporation) to the extent that it is not already in force;

(l)

Schedule 3 (further amendments of devolution legislation and reporting requirement) to the extent that it is not already in force;

(m)

paragraph 3 of Schedule 5 (rules of evidence: questions as to meaning of EU law);

(n)

Schedule 8 (consequential, transitional, transitory and saving provision) to the extent that it is not already in force;

(o)

Schedule 9 (additional repeals) to the extent that it relates to the repeal of—

(i)

the EU(A)A 2008 to the extent that it is not already repealed;

(ii)

the European Union (Finance) Act 2015 to the extent it is not already repealed.

4EU(WA)A 2020 provisions coming into force on 31st December 2020

The day appointed for the coming into force of the following provisions of EU(WA)A 2020 is 31st December 2020—

(a)

section 41(4) so far as relating to paragraph 57 of Schedule 5, and

(b)

paragraph 57 of Schedule 5.

5EU(WA)A 2020 provisions coming into force on IP completion day

The following provisions of EU(WA)A 2020 come into force on IP completion day—

(a)

section 15(3) (Independent Monitoring Authority for the Citizens’ Rights Agreements) to the extent that it is not already in force;

(b)

section 23 (protection for certain rights, safeguards etc. in Belfast Agreement) to the extent that it is not already in force;

(c)

section 24 (no alteration of North-South co-operation);

(d)

section 25 (retention of saved EU law at end of implementation period) to the extent that it is not already in force;

(e)

section 26(1) (interpretation of retained EU law and relevant separation agreement law) to the extent that it is not already in force;

(f)

section 30 (certain dispute procedures under withdrawal agreement);

(g)

subject to regulation 4 above and except insofar as it concerns paragraph 56(7)(b) of Schedule 5 in relation to the making of regulations under Part 1 of Schedule 2 to EU(W)A 2018, section 41(4) and (6) (consequential and transitional provision etc.) to the extent that it is not already in force;

(h)

Schedule 2 (Independent Monitoring Authority for the Citizens’ Rights Agreements) to the extent that it is not already in force;

(i)

Schedule 3 (protection for certain rights, safeguards etc. in Belfast Agreement) to the extent that it is not already in force;

(j)

subject to regulation 4 above and with the exception of paragraph 56(7)(b) insofar as it relates to the making of regulations under Part 1 of Schedule 2 to EU(W)A 2018, Schedule 5 (consequential and transitional provision etc.) to the extent that it is not already in force.

6European Communities Act 1972

Despite the ECA 1972 ceasing to have effect by virtue of section 1A(5) of EU(W)A 2018, section 11(2) of ECA 1972 continues to have effect on and after IP completion day in relation to the communication, or public disclosure, of any classified information on or after IP completion day by a person who acquired, or obtained cognisance of, the classified information before IP completion day.

7Interpretation Act 1978

(1)

The repeal by paragraph 22(a) of Schedule 8 to EU(W)A 2018 of the definitions of “the Treaties” and “the EU Treaties” (as defined by section 1(2) of ECA 1972f1) in Schedule 1 to IA 1978, and the insertion by paragraph 22(e) of Schedule 8 to EU(W)A 2018 of definitions of those expressions in Schedule 1 to IA 1978, do not affect the interpretation of those expressions in pre-IPCD legislation on and after IP completion day in relation to a time before IP completion day.

(2)

In its application to an Act passed, or subordinate legislation made, before 19th June 2008, the definition of “the Communities” in Schedule 1 to IA 1978, as inserted by paragraph 22(e) of Schedule 8 to EU(W)A 2018, has effect on and after IP completion day, in its application in relation to a time before 19th June 2008, as if the words from “but” to the end were omitted.

(3)

In this regulation—

  • “pre-IPCD legislation” means an Act passed, or subordinate legislation made, before IP completion day;

  • “subordinate legislation” has the same meaning as in IA 1978.

8European Union (Amendment) Act 2008

(1)

Despite the repeal of EU(A)A 2008 by section 23(8) of, and Schedule 9 to, EU(W)A 2018—

(a)

section 3(2) of EU(A)A 2008 continues to have effect on and after IP completion day in relation to any reference to the EU to which it applied immediately before IP completion day, and

(b)

section 3(6) of EU(A)A 2008 continues to have effect on and after IP completion day in relation to any reference to all or any of the Communities to which it applied immediately before IP completion day.

(2)

Paragraph (1)(a) does not apply where the reference to the EU is to be construed in accordance with a new definition of “the EU”.

(3)

Paragraph (1)(b) does not apply where the reference to all or any of the Communities is to be construed in accordance with a new definition of “the Communities”.

(4)

In this regulation, “new definition” means a definition—

(a)

inserted into Schedule 1 to IA 1978 by paragraph 22(e) of Schedule 8 to EU(W)A 2018,

(b)

inserted into Schedule 1 to ILR(S)A 2010 by paragraph 35(b) of Schedule 8 to EU(W)A 2018, or

(c)

treated as inserted into Schedule 2 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999f1 by virtue of regulation 4(5) of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019f2.

9Further savings in relation to the European Union (Amendment) Act 2008

The repeal of section 3(3), (4) and (5) of, and the Schedule to, EU(A)A 2008 by section 23(8) of, and Schedule 9 to, EU(W)A 2018 does not affect an amendment of an enactment made under section 3(3), (4) or (5) of, or the Schedule to, EU(A)A 2008 so far as—

(a)

the enactment as amended otherwise continues to have effect (whether by virtue of transitional or saving provision or otherwise), or

(b)

any other transitional or saving provision relating to the enactment as amended otherwise continues to have effect.

10Devolution

(1)

Paragraphs 41(1) and (2) and 42 of Schedule 8 to EU(W)A 2018 apply on and after IP completion day to the amendments made by—

(a)

Part 3 of Schedule 3 to that Act;

(b)

paragraph 29 of Schedule 8 to that Act; and

(c)

paragraphs 18, 19, 21, 23, 25, 26, 28, 29 and 30 of Schedule 5 to EU(WA)A 2020;

as they apply to the amendments made by Part 1 of Schedule 3 to that Act.

(2)

Paragraph 42 of Schedule 8 to EU(W)A 2018 applies on and after IP completion day to acts (other than the making, confirming or approving of subordinate legislation) done before IP completion day by any person.

(3)

The amendments made by—

(a)

section 12 of EU(W)A 2018;

(b)

Parts 1 and 3 of Schedule 3 to that Act;

(c)

paragraph 29 of Schedule 8 to that Act; and

(d)

paragraphs 18, 19, 21, 23, 25, 26, 28, 29 and 30 of Schedule 5 to EU(WA)A 2020

do not apply on and after IP completion day in relation to any pre-IPCD failure.

(4)

Accordingly—

(a)

for the purposes of determining whether a question relating to pre-IPCD legislation, a pre-IPCD act or a pre-IPCD failure is a devolution issue within the meaning of Schedule 6 to SA 1998, paragraph 1 of that Schedulef1 continues to have effect on and after IP completion day without the amendments made by paragraph 23 of Schedule 3 to EU(W)A 2018,

(b)

for the purposes of determining whether a question relating to pre-IPCD legislation, a pre-IPCD act or a pre-IPCD failure is a compatibility issue within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995f2, that section continues to have effect on and after IP completion day without the amendments made by paragraph 29 of Schedule 8 to EU(W)A 2018,

(c)

for the purposes of determining whether a question relating to a pre-IPCD act or a pre-IPCD failure is a devolution issue within the meaning of Schedule 10 to NIA 1998, paragraph 1 of that Schedulef3 continues to have effect on and after IP completion day without the amendment made by paragraph 62 of Schedule 3 to EU(W)A 2018, and

(d)

for the purposes of determining whether a question relating to a pre-IPCD act or a pre-IPCD failure is a devolution issue within the meaning of Schedule 9 to GOWA 2006, paragraphs 1(1)(c) and (d) of that Schedule continue to have effect on and after IP completion day as if the references to section 80(1), (7) and (8) of that Act were to those provisions without the amendments made by paragraph 2 or 37 of Schedule 3 to EU(W)A 2018.

(5)

It does not matter whether the question referred to in paragraph (4)(a), (b), (c) or (d) arises before or on or after IP completion day or whether it arises in proceedings which begin before or on or after IP completion day.

(6)

In this regulation—

  • “pre-IPCD legislation” means an Act of the Scottish Parliament, or a provision of such an Act, the Bill for which received Royal Assent before IP completion day;

  • “pre-IPCD act” means an act, or a purported or proposed act, before IP completion day;

  • “pre-IPCD failure” means a failure to act before IP completion day;

    and references to Part 3 of Schedule 3 to EU(W)A 2018 do not include any provisions of that Part which have come into force before IP completion day.

11Scotland Act 1998

(1)

Despite its repeal by paragraph 11 of Schedule 3 to EU(W)A 2018, section 34 of SA 1998f1 continues to have effect on and after IP completion day in relation to a Bill where—

(a)

a reference has been made in relation to the Bill under section 33 of SA 1998f2 before IP completion day,

(b)

a reference for a preliminary ruling (within the meaning of section 34 of that Act) has been made before IP completion day by the Supreme Court in connection with that reference, and

(c)

neither of those references has been decided or otherwise disposed of before IP completion day.

(2)

Where section 34 of SA 1998 continues to have effect in relation to a Bill by virtue of paragraph (1), the following do not apply in relation to the Bill—

(a)

the amendments made to section 32 of SA 1998f3 by paragraph 10 of Schedule 3 to EU(W)A 2018, and

(b)

the amendments made to section 36 of SA 1998f4 by paragraph 12 of Schedule 3 to EU(W)A 2018.

12Scottish Taxpayers

(1)

The amendments made to sections 80D and 80DA of SA 1998f1 by paragraphs 14 and 15 of Schedule 3 to EU(W)A 2018 have effect in relation to the tax year 2020-21 and subsequent tax years.

(2)

In paragraph (1), “tax year” means a year beginning on 6th April and ending on the following 5th April.

13Interpretation and Legislative Reform (Scotland) Act 2010

(1)

The repeal by paragraph 35(a) of Schedule 8 to EU(W)A 2018 of the definitions of “the Treaties” and “the EU Treaties” (as defined by section 1(2) of ECA 1972) in Schedule 1 to ILR(S)A 2010 and the insertion by paragraph 35(b) of Schedule 8 to EU(W)A 2018 of definitions of those expressions in Schedule 1 to ILR(S)A 2010 and the amendment of those definitions by paragraph 37(f) of Schedule 5 to EU(WA)A 2020 do not affect the interpretation of those expressions in pre-IPCD legislation on and after IP completion day in relation to a time before IP completion day.

(2)

In this regulation—

(a)

“pre-IPCD legislation” means an Act of the Scottish Parliament the Bill for which received Royal Assent before IP completion day or a Scottish instrument made before IP completion day;

(b)

“Scottish instrument” has the same meaning as in Part 1 of ILR(S)A 2010.

14Government of Wales Act 2006

(1)

Despite its repeal by paragraph 39 of Schedule 3 to EU(W)A 2018, section 113 of GOWA 2006f1 continues to have effect on and after IP completion day in relation to a Bill where—

(a)

a reference has been made in relation to the Bill under section 112 of GOWA 2006f2 before IP completion day,

(b)

a reference for a preliminary European Court ruling (within the meaning of section 113 of that Act) has been made before IP completion day by the Supreme Court in connection with that reference, and

(c)

neither of those references has been decided or otherwise disposed of before IP completion day.

(2)

Where section 113 of GOWA 2006 continues to have effect in relation to a Bill by virtue of paragraph (1), the following do not apply in relation to the Bill—

(a)

the amendments made to section 111 of GOWA 2006f3 by paragraph 38 of Schedule 3 to EU(W)A 2018, and

(b)

the amendments made to section 115 of GOWA 2006f4 by paragraph 40 of Schedule 3 to EU(W)A 2018.

15Welsh taxpayers

(1)

The amendments made to sections 116E and 116F of GOWA 2006f1 by paragraphs 41 and 42 of Schedule 3 to EU(W)A 2018 have effect in relation to the tax year 2020-21 and subsequent tax years.

(2)

In paragraph (1), “tax year” means a year beginning on 6th April and ending on the following 5th April.

16Northern Ireland Act 1998

(1)

Despite its repeal by paragraph 52 of Schedule 3 to EU(W)A 2018, section 12 of NIA 1998f1 continues to have effect on and after IP completion day in relation to a Bill where—

(a)

a reference has been made in relation to the Bill under section 11 of NIA 1998f2 before IP completion day,

(b)

a reference for a preliminary ruling (within the meaning of section 12 of that Act) has been made before IP completion day by the Supreme Court in connection with that reference, and

(c)

neither of those references has been decided or otherwise disposed of before IP completion day.

(2)

Where section 12 of NIA 1998 continues to have effect in relation to a Bill by virtue of paragraph (1), the following do not apply in relation to the Bill—

(a)

the amendment made to section 13 of NIA 1998f3 by paragraph 53 of Schedule 3 to EU(W)A 2018, and

(b)

the amendments made to section 14 of NIA 1998f4 by paragraph 54 of Schedule 3 to EU(W)A 2018.

17Transitional provision for section 5A of EU(W)A 2018

Nothing in section 5A of EU(W)A 2018 prevents the modification on or after IP completion day of retained EU law by an enactment passed or made before IP completion day and coming into force or otherwise having effect on or after IP completion day (whether or not that enactment is itself retained EU law).

18Transitional provision for paragraph 14 of Schedule 8 to EU(W)A 2018

Paragraph 14 of Schedule 8 to EU(W)A 2018 does not apply to a statutory instrument which was made before IP completion day but which would otherwise be subject to that paragraph.

19Cross-references

(1)

Paragraphs 1 and 2A(3) of Schedule 8 to EU(W)A 2018 do not apply to any reading on or after IP completion day of a reference so far as the reference relates to a time before IP completion day (unless a contrary intention appears in relation to the reference concerned).

(2)

Paragraph 2 of that Schedule does not apply to any reading on or after IP completion day of a reference so far as the reference relates to a time before IP completion day which is earlier than immediately before IP completion day (unless a contrary intention appears in relation to the reference concerned).

20Relation to interpretation legislation

(1)

Parts 3 and 4 of Schedule 8 to EU(W)A 2018, Part 3 of Schedule 5 to EU(WA)A 2020, these Regulations and other regulations made under section 23(6) of EU(W)A 2018 or section 41(5) of EU(WA)A 2020 are without prejudice (so far as it is required) to section 16 of IA 1978 or any provision of interpretation legislation which corresponds to that section.

(2)

In this regulation, “interpretation legislation” means ILR(S)A 2010, the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999, the Interpretation Act (Northern Ireland) 1954f1 or the Legislation (Wales) Act 2019f2.

21General saving provision

Any saving of a provision by Part 4 of Schedule 8 to EU(W)A 2018, these Regulations or other regulations made under section 23(6) of that Act or section 41(5) of EU(WA)A 2020 includes, so far as is required for the operation of the saved provision, the saving of any other provision relating to that provision.

22General provision relating to repeals

The repeal of an enactment by EU(W)A 2018 does not affect an amendment of an enactment made by the repealed enactment so far as—

(a)

the enactment as amended otherwise continues to have effect (whether by virtue of transitional or saving provision or otherwise), or

(b)

any other transitional or saving provision relating to the enactment as amended otherwise continues to have effect.

Signature

Michael Gove

Minister for the Cabinet Office

Cabinet Office

21st December 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force provisions of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) and of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”). Regulations 3 and 5 bring the majority of those provisions into force on “IP completion day”. “IP completion day” means 31st December 2020 at 11 p.m. in accordance with section 39(1) of the 2020 Act. Regulation 2 appoints 31st December 2020 as the day that section 23(8) of and Schedule 9 to the 2018 Act come into force insofar as they relate to the repeal of the European Parliamentary Elections Act 2002 (c. 24) and the European Parliament (Representation) Act 2003 (c. 7). Regulation 4 appoints 31st December 2020 as the day that paragraph 57 of Schedule 5 to the 2020 Act comes into force.

Part 3 of these Regulations makes transitional and saving provision in connection with the coming into force of those provisions.

Regulation 6 provides a saving for the offence previously contained in section 11(2) of the European Communities Act 1972.

Regulation 7 provides that certain terms defined in the Interpretation Act 1978 will be read after IP completion day in the same manner as they were before IP completion day in relation to events occurring before IP completion day.

Regulations 8 and 9 concern the European Union (Amendment) Act 2008 and provide that the repeal of that Act does not affect the reading of certain amendments made by that Act and references to which it applied immediately before IP completion day insofar as such references are not to be construed in accordance with the new definitions referred to.

Regulation 10 makes transitional provision in relation to removal of the EU law restriction on the competence of the devolved administrations. It provides that the relevant restrictions are still read as referring to EU law where it would be appropriate to do so.

Regulation 11 provides that any references to the Court of Justice of the European Union made in connection with section 34 of the Scotland Act 1998 may continue where the process has begun, but not completed, before IP completion day.

Regulation 12 provides that changes being made to the definition of Scottish taxpayers by the 2018 Act do not take effect until the start of the next tax year.

Regulation 13 provides that certain terms defined in the Interpretation and Legislative Reform (Scotland) Act 2010 will be read after IP completion day in the same manner as they were before IP completion day in relation to events occurring before IP completion day.

Regulation 14 provides that any references to the Court of Justice of the European Union made in connection with section 113 of the Government of Wales Act 2006 may continue where the process has begun, but not completed, before IP completion day.

Regulation 15 provides that changes being made to the definition of Welsh taxpayers by the 2018 Act do not take effect until the start of the next tax year.

Regulation 16 provides that any references to the Court of Justice of the European Union made in connection with section 12 of the Northern Ireland Act 1998 may continue where the process has begun, but not completed, before IP completion day.

Regulation 17 preserves the intended effect of any legislation which is time-limited by reference to the transition period.

Regulation 18 provides that changes being made by the 2018 Act to parliamentary procedure for certain statutory instruments do not affect instruments for which the existing procedure has already begun.

Regulation 19 makes transitional provision in relation to ambulatory and non-ambulatory references to EU instruments so that they can be read as references to the EU version se far as the reference relates to a time before IP completion day (unless a contrary intention appears in relation to the reference concerned).

Regulation 20 clarifies that the specific transitional and savings provisions referred to are without prejudice to the general savings provisions in section 16 of the Interpretation Act 1978 or equivalent provisions in similar legislation relevant to the devolved administrations (so far as those provisions are required).

Regulation 21 provides that additional provisions which are necessary for the effective operation of any saved provision are also saved and regulation 22 provides that repeals made by the 2018 Act do not repeal amendments made by the enactments so repealed.