Explanatory Notes

Part 2: Other amendments of devolution legislation

193 Part 2 (paragraphs 4 to 51) contains a series of amendments to the devolution legislation resulting from the UK leaving the EU. Specifically, it amends the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006.

194 The amendments deal with a variety of issues and how these need to be reflected in the devolution legislation, including the repeal of the ECA by clause 1, the preservation and conversion of existing EU law into UK domestic law on and after exit day by clause 2 and the approach to legislative and executive competence taken by clause 11. For example, the specific mechanism under section 106(7) Scotland Act 1998 for enforcement of certain EU obligations has been removed on the basis that EU obligations forming part of retained EU law will continue to bind devolved ministers as a matter of domestic law. Provision is also made in respect of the cessation of European Parliamentary elections in the UK, the protection of this Bill from modification (but not secondary legislation made under the Bill), and to deal with other deficiencies arising in the devolution legislation which result from the UK leaving the EU.

195 Not all changes to the devolution legislation have been included in the Bill on introduction. For example, changes to the list of reserved matters in Part 2 of Schedule 5 to the Scotland Act 1998 and in Schedule 7A to the Government of Wales Act 2006 are not included. Similarly, paragraph 38 of Schedule 3 to the Northern Ireland Act 1998 is not amended by the Bill (this is the only remaining correction to that Act not addressed on the face of the Bill). This is because the UK Government intends to discuss these changes with the devolved administrations before finalising the amendments.


Prepared 13th July 2017