European Union (Withdrawal) Bill (HC Bill 5)

(c) the making, confirming or approving would, by virtue of the Order,
not be in breach of the restriction in section 57(4) of that Act when the
legislation comes into force if—

(i) the making, confirming or approving had occurred at that
5time,

(ii) in the case of legislation confirmed or approved, the
legislation was made at that time, and

(iii) the Order was made and in force at that time.

(7) Section 80(8) of the Government of Wales Act 2006, so far as relating to EU
10law, does not apply to the making, confirming or approving before exit day
of any subordinate legislation if the legislation—

(a) comes into force on or after exit day,

(b) is made, confirmed or approved when there is an Order in Council
under section 80(8A)(c) of the Government of Wales Act 2006, and

(c) 15the making, confirming or approving would, by virtue of the Order,
not be in breach of the restriction in section 80(8) of that Act, so far as
relating to retained EU law, when the legislation comes into force
if—

(i) the making, confirming or approving had occurred at that
20time,

(ii) in the case of legislation confirmed or approved, the
legislation was made at that time, and

(iii) the Order was made and in force at that time.

(8) Section 24(1)(b) of the Northern Ireland Act 1998, so far as relating to EU law,
25does not apply to the making, confirming or approving before exit day of
any subordinate legislation if the legislation—

(a) comes into force on or after exit day,

(b) is made, confirmed or approved when there is an Order in Council
under section 24(4)(c) of the Northern Ireland Act 1998, and

(c) 30the making, confirming or approving would, by virtue of the Order,
not be in breach of the restriction in section 24(3) of that Act when the
legislation comes into force if—

(i) the making, confirming or approving had occurred at that
time,

(ii) 35in the case of legislation confirmed or approved, the
legislation was made at that time, and

(iii) the Order was made and in force at that time.

(9) Section 57(2) of the Scotland Act 1998, section 80(8) of the Government of
Wales Act 2006 and section 24(1)(b) of the Northern Ireland Act 1998, so far
40as relating to EU law, do not apply to the making of regulations under
Schedule 2 or 4.

30 The amendments made by Part 1 of Schedule 3 do not affect the validity of
any act (other than the making, confirming or approving of subordinate
legislation) done before exit day by a member of the Scottish Government,
45the Welsh Ministers, the First Minister for Wales, the Counsel General to the
Welsh Government, a Northern Ireland Minister, the First Minister in
Northern Ireland, the deputy First Minister in Northern Ireland or a
Northern Ireland department.

Other provision

31 (1) The definition of “relevant criminal offence” in section 14(1) is to be read,
until the appointed day, as if for the words “the age of 18 (or, in relation to
Scotland or Northern Ireland, 21)” there were substituted “the age of 21”.

(2) 5In sub-paragraph (1), “the appointed day” means the day on which the
amendment made to section 81(3)(a) of the Regulation of Investigatory
Powers Act 2000 by paragraph 211 of Schedule 7 to the Criminal Justice and
Court Services Act 2000 comes into force.

32 (1) The amendment made by paragraph 6 does not affect whether the payment
10of any fees or other charges may be required under section 56 of the Finance
Act 1973 in connection with a service or facilities provided, or an
authorisation, certificate or other document issued, before that amendment
comes into force.

(2) Sub-paragraph (3) applies where—

(a) 15immediately before the amendment made by paragraph 6 comes into force,
the payment of fees or other charges could be required, under section 56 of
the Finance Act 1973, in connection with the provision of a service or
facilities, or issuing an authorisation, certificate or other document, in
pursuance of an EU obligation, and

(b) 20after the amendment made by paragraph 6 comes into force—

(i) regulations made under that section (whether or not modified under
Part 2 of Schedule 4 or otherwise) prescribing the fees or charges, or
under which the fees or charges are to be determined, form part of
retained EU law, and

(ii) 25the service or facilities are provided, or the authorisation, certificate
or other document is issued, under or in connection with retained
EU law.

(3) Despite the amendment made by paragraph 6, the payment of fees or other charges
may be required, under that section and in accordance with the regulations, in
30connection with the provision of the service or facilities, or the issuing of the
authorisation, certificate or other document.

Section 17(7)

SCHEDULE 9 Additional repeals