Part 2: Specific Consequential Provision

Interpretation Act (Northern Ireland) 1954 (c.33 (NI))

544 Paragraphs 6 to 8 amend the Interpretation Act (Northern Ireland) 1954 to reflect that the UK will enter an implementation period after exit day.

545 Paragraph 6 introduces the amendments to the Interpretation Act (Northern Ireland) 1954.

546 Paragraph 7 amends Section 11 of that Act to substitute all references to ‘exit day’ in subsections (1C), (1D) and (1E) to read instead ‘IP completion day’.

547 Paragraph 8 amends section 44A of that Act, concerning definitions relating to the UK’s withdrawal from the EU, to insert definitions for ‘EU withdrawal agreement’ and ‘IP completion day’. It also substitutes the reference to ‘exit day’ in the definition of ‘retained EU obligation’ to read instead ‘IP completion day’.

Interpretation Act 1978

548 Paragraphs 9 to 13 amend the Interpretation Act 1978 to reflect that the UK will enter an implementation period after exit day.

549 Paragraph 9 introduces the amendments to the Interpretation Act.

550 Paragraph 10 amends section 20(3) (references to other enactments) of the Interpretation Act which will be inserted by the EU (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018. Section 20(3) of the Interpretation Act will make interpretative provision for references on or after exit day to EU instruments which form part of domestic law by virtue of section 3 of the EU (Withdrawal) Act 2018. This will be amended to instead provide for references on or after IP completion day.

551 Paragraph 11 amends the definition of subordinate legislation in section 21(1) of the Interpretation Act to include instruments of the same nature made on or after IP completion day under any retained direct EU legislation. Paragraph 19 of Schedule 8 to the EU (Withdrawal) Act 2018 amended the definition to include such instruments made on or after exit day. In light of direct EU legislation being retained on IP completion day, paragraph 7 of this Schedule amends this definition so it refers to IP completion day instead.

552 Paragraph 12 amends section 23ZA(4)(a)(ii) of the Interpretation Act, which is inserted into the Act by paragraph 20 of Schedule 8 of the EU (Withdrawal) Act 2018. This means the definition of ‘commencement’ in Schedule 1 of the Interpretation Act will apply to instruments made under any retained direct EU legislation on or after IP completion day rather than exit day. As such, where legislation refers to the commencement of these instruments (and the Interpretation Act definition applies) it means the time when the instrument comes into force.

553 Paragraph 13 adds a number of words and expressions to Schedule 1 to the Interpretation Act. It adds definitions for the ‘EU withdrawal agreement’ and ‘IP completion day’ (which have the same meaning as provided for in the Bill). Further, it amends the definition of ‘retained EU obligation’ so that it refers to IP completion day rather than exit day, to reflect that retained EU law will not be preserved until IP completion day. It also amends the definition of ‘EU Treaties’ or ‘the EU Treaties’ so that it refers to the treaties which apply under the saved ECA immediately before IP completion day.

European Economic Area Act 1993

554 Paragraphs 14 to 17 make technical amendments to changes to the European Economic Area Act 1993 made by the EU (Withdrawal) Act 2018. These amendments are necessary as the existing international agreements between the UK and the EEA EFTA states will be preserved for the duration of the implementation period.

555 Paragraphs 15 and 16 amend section 2 and 3 of the European Economic Area Act. These sections ensure that domestic legislation that was in force prior to the entry into force of the EEA Agreement in 1993 is read consistently with the provisions of that Agreement. Paragraphs 15 and 16 ensure that the modifications made to sections 2 and 3 will continue to operate appropriately in light of the implementation period.

556 Paragraph 17 makes a consequential amendment to section 6 of the European Economic Area Act in light of the temporary saving of the ECA.

Scotland Act 1998

557 Paragraphs 18 to 20 and paragraph 22 make technical amendments to changes to the Scotland Act 1998 made by the EU (Withdrawal) Act 2018 to reflect that the UK will remain aligned with EU law for the duration of the implementation period. Paragraph 21 sets out the amendments made by this Bill to the EU (Withdrawal) Act 2018 that are not protected from modification.

Northern Ireland Act 1998

558 Paragraphs 23 to 24 and 26 to 27 make technical amendments to changes to the Northern Ireland Act 1998 made by the EU (Withdrawal) Act 2018 to reflect that the UK will remain aligned with EU law for the duration of the implementation period. Paragraph 25 sets out the amendments made by this Bill to the EU (Withdrawal) Act 2018 that are excluded from entrenchment.

Government of Wales Act 2006

559 Paragraphs 28 to 31 make technical amendments to changes to the Government of Wales Act 2006 made by the EU (Withdrawal) Act 2018 to reflect that the UK will remain aligned with EU law for the duration of the implementation period. Paragraph 32 sets out the amendments made by this Bill to the EU (Withdrawal) Act 2018 that are not protected from modification.

Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

560 Paragraphs 33 to 36 amend the Interpretation and Legislative Reform (Scotland) Act 2010 (‘ILRA’).

561 Paragraph 33 introduces amendments to the ILRA.

562 Paragraph 34 amends the changes made by the EU (Withdrawal) Act 2018 to the definition of ‘Scottish instruments’ in Part 1 of the ILRA. This ensures that the various rules of interpretation in Part 1 of the ILRA will apply to instruments made after IP completion day, rather than exit day, under a combination of powers in an Act of the Scottish Parliament and in retained direct EU legislation.

563 Paragraph 35 amends changes made by the EU (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018 to section 14 ILRA. This ensures that there is interpretative provision for references on or after IP completion day to EU instruments which form part of domestic law by virtue of section 3 of the EU (Withdrawal) Act 2018.

564 Paragraph 36 amends changes made by the EU (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018 to section 55 ILRA. This ensures that definitions within the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc of Acts of the Scottish Parliament) Order 1999 (S.I. 1999/1379) reflect the Withdrawal Agreement and Bill.

565 Paragraph 37 amends changes made to the definitions in Schedule 1 of the ILRA by the EU (Withdrawal) Act 2018 and the EU (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018. This ensures that the definitions reflect the Withdrawal Agreement and Bill.

European Union (Withdrawal) Act 2018

566 Paragraph 38 introduces a further set of amendments to the EU (Withdrawal) Act 2018.

567 Paragraph 39 amends the heading above section 2 of that Act from ‘existing EU law’ to ‘saved EU law at the end of implementation period’.

568 Paragraph 40 amends section 7 of that Act, on the status of retained EU law, as follows:

a. sub-paragraph (1) introduces the amendments to come;

b. sub-paragraph (2) amends section 7(1) of that Act so that it refers instead to the savings made on exit day by sections 1A(2) and 1B(2) of the revised Act. The amended section 7(1) then clarifies that the ECA and EU-derived legislation will continue as legislation of the same type as they were before exit day;

c. sub-paragraph (3) inserts new subsection (1A), which clarifies that any EU-derived domestic legislation that is saved by section 2 of the Act will continue as legislation of the same type as it was before IP completion day;

d. sub-paragraph (4) amends section 7(5) of that Act, which signposts provisions about the status of retained EU law in other provisions of the Act, to reflect other amendments to the Act; and

e. sub-paragraph (5) amends references to ‘exit day’ to ‘IP completion day’ to reflect that retained direct EU legislation will be retained on IP completion day instead of exit day.

569 Sub-paragraphs 41(1) and 41(2) amends the heading before section 10 of the EU (Withdrawal) Act 2018, whilst sub-paragraph 41(3) amends section 10 to protect the Belfast (Good Friday) Agreement without reference to its definition in section 98 of the Northern Ireland Act 1998.

570 Paragraph 42 inserts a heading before section 11 of the EU (Withdrawal) Act 2018, whilst paragraph 44 amends the reference to Schedule 2 in section 11 of the EU (Withdrawal) Act 2018 in consequence of the devolved authorities being granted corresponding powers to sections 8B, and 8C, in addition to those already provided for in that Act.

571 Paragraph 43 changes the heading in section 13 to reflect the insertion of new section 13A. Paragraph 43 changes the heading at section 13 from ‘approval of outcome of EU negotiations’ to ‘oversight of withdrawal’.

572 Paragraph 44 amends section 19 of the EU (Withdrawal) Act 2018 so as to amend references to exit day in that section to ‘IP completion day’. This makes clear that nothing in the Act prevents the UK from replicating in domestic law any EU law made on or after IP completion day, or continuing to participate in, or have a formal relationship with, the agencies of the EU after IP completion day.

573 Paragraph 45 amends section 20 of the EU (Withdrawal) Act 2018:

a. paragraph 45(1) introduces the amendments to that section;

b. paragraph 45(2) amends section (20)(1):

i. paragraph 45(2)(a) inserts a definition of ‘Commons sitting day’;

ii. paragraph 45(2)(b) amends the definition of ‘domestic law’, so that the references in new section 7A and 7B refer to the law of England and Wales, Scotland and Northern Ireland;

iii. paragraph 45(2)(c) amends the definition of ‘enactment’ so that references to this in new Section 1B of the EU (Withdrawal) Act 2018 will not include retained direct EU legislation;

iv. paragraph 45(2)(d) inserts a definition of ‘Joint Committee’ and ‘Lords sitting day’;

v. paragraph 45(2)(e) inserts a definition of ‘ratify’;

vi. paragraph 45(2)(f) amends the definition of ‘retained direct EU legislation’ so that it refers to IP completion day rather than exit day;

vii. paragraph 45(2)(g) amends the definition of ‘subordinate legislation’, so that it refers to IP completion day rather than exit day; and

viii. paragraph 45(2)(h) removes the definition of the Withdrawal Agreement currently in that section of the EU (Withdrawal) Act 2018.

c. Paragraph 45(3) inserts a new subsection 5A into section 20 of that Act. New subsection 5A(a) makes clear that any references to anything that continues to be law by virtue of section 1B(2) (the saving of EU-derived domestic legislation for the implementation period) includes modifications to that legislation from time to time. Subsection 5A also acknowledges that some of the legislation ‘saved’ by new section 1B would survive repeal of the ECA and withdrawal from the EU in any event. Subsection 5A(b) provides that references in the Bill to things which continue to be domestic law, includes things which would have continued to exist regardless of the saving in new section 1B(2). This makes clear that it is not necessary to consider whether an enactment might have been subject to implied repeal or revocation on exit day, in order to bring it within the ambit of new section 1B(2).

d. Paragraph 45(4) amends section 20(6) of the EU (Withdrawal) Act 2018 so as to amend the reference to ‘exit day’ in that section to read ‘IP completion day’. This makes clear that it is not necessary to consider whether an enactment might have been subject to implied repeal or revocation on IP completion day, to bring it within the ambit of section 2 of the Act and the definition of ‘retained EU law’.

574 Paragraph 46 amends section 21(1) (index of defined expressions) of the EU (Withdrawal) Act 2018. Section 21 lists various expressions used throughout the Act and the corresponding provision at which their meaning is located. For ease of reference, the index also includes pointers to certain provisions in the Interpretation Act 1978 (i.e. those which are restated by the Act). The Interpretation Act 1978 contains other definitions which are also relevant to the Act. Paragraph 46 amends the index at section 21 to include the new definitions in the amended Act and the corresponding provision at which their meaning is located.

575 Paragraph 47 amends section 23 of the EU (Withdrawal) Act 2018 on consequential and transitional provisions:

a. paragraph 47(1) introduces the amendments;

b. paragraph 47(2) amends section 23(3) so to provide that Ministers cannot make consequential provision which amends primary legislation (or secondary legislation made under that primary legislation) passed after IP completion day;

c. paragraph 47(3) amends section 23(4) to make clear that the temporary power in subsection (1) can only be used for up to ten years after IP completion day as it expires at that point; and

d. paragraph 47(4) amends section 23(6) so that the transitional, transitory and savings power can make provision in connection with the coming into force date of any provision of the Act including its operation in connection with IP completion day.

576 Paragraph 48 amends Schedule 4 (powers in connection with fees and charges);

a. paragraph 48(1) introduces the amendments to Schedule 4;

b. paragraph 48(2) amends paragraph 5(1) of Schedule 4 so to be clear that the temporary power in paragraph 1 of Schedule 4 (the power to provide for fees or charges) can only be used for up to two years after IP completion day, instead of exit day. It will expire at that point;

c. paragraph 48(3) makes supplementary amendments to references;

d. paragraph 48(4) amends paragraph (8)(a) to explain that an appropriate authority is defined as one that could have made a modification under the ECA prior to IP completion day, instead of exit day; and

e. paragraph 48(5) makes supplementary amendments to references;

577 Paragraph 49 amends Schedule 5 (publication and rules of evidence):

a. paragraph 49(1) introduces the amendments to Schedule 5;

b. paragraph 49(2) substitutes ‘IP completion day’ for all references to ‘exit day’ in Schedule 5, paragraphs 1(1)(a), 5(a) and (b) and 2(1). This ensures that the Queen’s Printer will have various duties and powers conferred upon it, to ensure that retained EU law is made accessible, and published, after IP completion day;

c. paragraph 49(3) amends paragraph 3 of Schedule 5:

i. paragraph 49(3)(a) amends paragraph 3(1) of Schedule 5, so that to the extent that determining the meaning or effect of EU law is necessary for any legal proceedings (including for the purpose of interpreting retained EU law and the Agreements), judges will determine the meaning or effect themselves as a question of law, rather than treat it is a question of fact; and

ii. paragraph 49(3)(b) omits the definition of ‘interpreting retained EU law’ from paragraph 3(2) of Schedule 5 to correspond with the change to paragraph 3(1).

d. paragraph 49(4) amends paragraph 4 of Schedule 5:

i. paragraph 51(4)(a) amends sub-paragraph (4) to enable regulations providing for evidential rules to modify legislation which is passed or made before IP completion day;

ii. paragraph 49(4)(b) amends sub-paragraph (5):

1. paragraph 49(4)(b)(i) inserts the Agreements into definition of a ‘relevant matter’ in respect of which regulations can be made under this paragraph; and

2. paragraph 49(4)(b)(ii) makes sure that anything specified in the regulations that relates to the Agreement is also included in the definition of ‘relevant matter’.

578 Paragraph 50 amends Schedule 6 of the EU (Withdrawal) Act 2018 on instruments which are exempt EU instruments:

a. paragraph (1) introduces the amendments to Schedule 6;

b. paragraph (2) removes paragraphs 1(1), 2 and 4 from inclusion in that Schedule. These paragraphs set out which EU instruments are ‘exempt’ under the preservation of direct EU legislation in section 3 of the EU (Withdrawal) Act 2018. These exemptions are no longer necessary. These EU instruments will not be preserved under the amended section 3 which will be limited to EU instruments which are applicable to and in the UK at the end of the implementation period; and

c. paragraph 2(3) amends paragraph 3, as these exclusions are also no longer needed.

579 Paragraph 51 amends paragraph 2(17) in Part 1 of Schedule 7 of the EU (Withdrawal) Act 2018 to bring into the scope of that paragraph sub-paragraph (16) of paragraph 2 of Schedule 7.

580 Paragraph 52 amends Schedule 7 on scrutiny of other powers under the EU (Withdrawal) Act 2018. It inserts new Part 1A into Schedule 7 with the heading ‘Scrutiny of Other Powers Relating to the Withdrawal Agreement etc’ before paragraph 9 of that Schedule, followed by eight new paragraphs.

Powers in connection with Part 4 of the Withdrawal Agreement

581 New paragraph 8A and 8B sets out the parliamentary scrutiny procedures that will apply to the new powers in the EU (Withdrawal) Act 2018 in connection with Part 4 of the Withdrawal Agreement:

a. 8A establishes that instruments made under new section 1A(3)(a)(ii) of the Act is subject to the draft affirmative procedure; and

b. 8B provides that where the new section 8A power modifies primary legislation or retained direct principal legislation, it will be subject to the affirmative procedure. Otherwise, the power will be subject to the negative procedure. The equivalent scrutiny procedures in the devolved legislatures are applicable to the devolved authorities acting alone under the powers in Part 1A of Schedule 2 to the EU (Withdrawal) Act 2018;

582 new paragraph 8C deals with scrutiny by the UK Parliament and the devolved legislatures for instruments made jointly by a Minister of the Crown and a devolved authority.

Powers in connection with other separation issues in the Withdrawal Agreement etc.

583 new paragraph 8D sets out the parliamentary scrutiny procedures that will apply to regulations made by UK Ministers under new section 8B:

a. 8D(1) establishes that instruments that amend, repeal or revoke primary legislation or retained direct principal EU legislation may not be made unless a draft has been laid before and approved by both Houses; and

b. 8D(2) sets out that any other instruments made under this power are subject to annulment by either House.

584 new paragraph 8D(3) to (8) sets out the scrutiny procedures that will apply to regulations made by Scottish Ministers, Welsh Ministers or Northern Ireland departments under the power at new Part 1B of Schedule 2; and

585 new paragraph 8E sets out the scrutiny procedures that will apply to regulations made under new Part 1B of Schedule 2 by a UK Minister acting jointly with a devolved authority.

Powers in connection with Ireland/Northern Protocol in the Withdrawal Agreement

586 New paragraph 8F sets out the parliamentary scrutiny procedures that will apply to regulations made under new section 8C and new Part 1C of Schedule 2:

a. 8F(1) provides that the affirmative procedure must be used if an instrument made under section 8C(1) does one or more of the things listed at sub-paragraph 8F(2):

i. amends, repeals or revokes primary legislation or retained direct principal EU legislation;

ii. establishes a public authority;

iii. relates to a fee in respect of a function exercisable by a public authority in the UK;

iv. creates, or widens the scope of, a criminal offence;

v. creates or amends a power to legislate; or

vi. facilitates the access to the market within Great Britain of qualifying Northern Ireland goods.

587 8F(3) sets out that any other instruments made under this power are subject to the negative procedure; and

588 8F(4) provides that the affirmative procedure must be used where regulations define ‘qualifying Northern Ireland goods’ under new section 8C(6).

589 New sub-paragraphs 8F(5) to(10) set out the scrutiny procedures that will apply to regulations made by Scottish Ministers, Welsh Ministers or Northern Ireland departments under the power at new Part 1C of Schedule 2.

590 New paragraph 8G sets out the scrutiny procedures by the UK Parliament and the devolved legislatures for instruments made under new Part 1C of Schedule 2 by a Minister of the Crown acting jointly with a devolved authority.

Power under paragraph 4(2) of Schedule 5A in connection with protection for workers’ rights

591 Paragraph 8H provides that regulations under paragraph 4(2) of Schedule 5A are subject to the affirmative procedure.

592 Paragraph 53 amends paragraph 17(11) of Part 2 of Schedule 7 to omit the definitions of 'commons sitting day' and 'lords sitting day.

593 Paragraph 54 amends Part 3 of Schedule 7 (general provision about powers under Act) in the following way:

a. paragraph 54(1) introduces the amendments to Part 3 of Schedule 7;

b. paragraph 54(2) amends paragraph 21 of Schedule 7 of the EU (Withdrawal) Act 2018 so that powers to make regulations in the Act can be used to modify or restate in a clearer or more accessible way anything which continues on or after exit day, to be domestic law by virtue of the saving of EU-derived domestic legislation for the implementation period at new section 1B(2);

c. paragraph 54(3) amends paragraph 23 of Schedule 7 of the EU (Withdrawal) Act 2018:

i. paragraph 54(3)(a) amends sub-paragraph (1) so that the law preserved by new sections 1A and 1B can also be modified by the power to make consequential provision;

ii. paragraph 54(3)(b) amends sub-paragraph (2) to clarify that the consequential power in the Act can also be used to modify anything which continues, on or after exit day, to be domestic law by virtue of the saving of EU-derived domestic legislation for the implementation period at 1B(2), if the changes are consequential on repeal of any provision in the ECA;

iii. paragraph 54(3)(c) amends sub-paragraph (3) so that the transitional, transitory and savings power in the Act can do things in connection with the repeal of provisions in the ECA or withdrawal from the EU in a way which is additional, or produces different effects, to the changes made by the new sections 1A and 1B of that Act;

iv. paragraph 54(3)(d) amends sub-paragraph (4)(b) to clarify that the consequential power can do things in connection with repeals or withdrawal from the EU which are additional, or produces different effects, to the changes made by new sections 1A and 1B of that Act; and

v. paragraph 54(3)(e) amends sub-paragraph (5) to clarify that the transitional, transitory and savings and consequential powers can be used to treat any provisions provided for in sub-paragraphs (3) and (4) as anything which continues to be domestic law by virtue of the saving of EU-derived domestic legislation for the implementation period at 1B(2);

d. Paragraph 54(4) inserts a new paragraph 23A ‘Anticipatory exercise of powers in relation to section 1B(2) saved law’ into Schedule 7 of the EU (Withdrawal) Act 2018. New paragraph 23A allows for the anticipatory use of delegated powers in this Act in relation to any enactment which continues, on or after exit day, to be domestic law by virtue of the saving of EU-derived domestic legislation for the implementation period at 1B(2). This means that these powers can be exercised before exit day to amend domestic law saved by virtue of 1B(2), so that the regulations come into force on or after exit day;

e. Paragraph 54(5) amends references to ‘exit day’ in paragraph 24 of Schedule 7 of the EU (Withdrawal) Act 2018 to ‘IP completion day’. This means that the delegated powers in the EU (Withdrawal) Act 2018 can be exercised before IP completion day to modify retained EU law, where the regulations come into force on or after IP completion day; and

f. Paragraph 54(6) inserts a new paragraph 24A’Anticipatory exercise of powers in relation to the withdrawal agreement’ into Schedule 7 of the EU (Withdrawal) Act 2018. New paragraph 24A allows for the anticipatory use of delegated powers in the Act which relate to the Withdrawal Agreement. This means regulations can be made before the Withdrawal Agreement is ratified, where the regulations come into force on or after the day on which the Withdrawal Agreement is ratified.

g. Paragraphs 54(7) and 54(8) replace ‘exit day’ with ‘IP completion day’ in paragraphs 28(6)(c) and 29(6)(c) of Part 3 of Schedule 7.

594 Paragraph 55 amends Part 1 of Schedule 8 (general consequential provision):

a. paragraph 55(1) introduces the amendments to Part 1 of Schedule 8;

b. Paragraphs 55(2) and 55(3) substitute references to ‘exit day’ in paragraphs 1(1) and 2(1) of Schedule 8 of the EU (Withdrawal) Act 2018 to ‘IP completion day’. This ensures that existing ambulatory references (that is, cross-references to EU instruments as they may be amended from time to time in the future) will continue to ambulate until IP completion day. Paragraphs 1(1) and 2(1) of Schedule 8 of the EU (Withdrawal) Act 2018 do not apply where any such reference forms part of or is a reference to relevant separation agreement law. Paragraph 55(3) makes this clear for paragraph 2(1) of Schedule 8;

c. after IP completion day, existing ambulatory references to EU Regulations, decisions or tertiary legislation which form part of retained EU law will generally become references to the retained version of those instruments. Other existing ambulatory references will not generally continue to update after IP completion day;

d. Paragraph 55(4) replaces paragraph 7 of Schedule 8 of the EU (Withdrawal) Act 2018. The new paragraph 7 lifts any implied restriction to act compatibly with EU law on exit day and then IP completion day, so far that EU law restriction does not continue to apply under the Withdrawal Agreement. Any implied EU law restriction which continues by virtue of Part 4 of the Withdrawal Agreement will therefore not be lifted until IP completion day. Further, from IP completion day there is no corresponding restriction in relation to retained EU law, so far as it is not relevant separation agreement law. Any restriction that arises by virtue of other Parts of the Withdrawal Agreement will remain after IP completion day;

e. Paragraph 55(5) amends paragraph 8 of Schedule 8 of the EU (Withdrawal) Act 2018 so that existing powers and powers in Acts passed before the end of the implementation period can be exercised to modify retained EU law before IP completion day if they come into force on or after IP completion day;

f. Paragraph 55(6) amends paragraph 9 of Schedule 8 of the EU (Withdrawal) Act 2018 so that it deals with duties to conduct post-implementation reviews of regulations made after IP completion day. In conducting those reviews, Ministers will not need to have regard to how EU Member States have implemented the UK’s former EU obligations;

g. Paragraph 55(7) amends paragraph 12 of Schedule 8 of the EU (Withdrawal) Act 2018 to allow the anticipatory use of future powers so that they can be exercised before IP completion day to amend retained EU law if they come into force on or after IP completion day;

h. Paragraph 55(8), (9), (10) and (11) amend paragraphs 13, 14, 15 and 16 of Schedule 8 of the EU (Withdrawal) Act 2018 so that the additional requirements applying to certain statutory instruments (including Scottish statutory instruments to an extent) that amend or revoke section 2(2) ECA regulations apply from IP completion day. This is in light of the continuing EU obligations on the UK during the implementation period under Part 4 of the Withdrawal Agreement; and

i. these requirements will not apply where the amendment or revocation is only for the purposes of, or otherwise only within the scope of, the Withdrawal Agreement (other than Part 4 of that agreement), the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement, as the UK will still be subject to international obligations when making such amendments or revocations.

595 Paragraph 56 amends Part 3 of Schedule 8 on general transitional, transitory or saving provision):

a. Paragraph 56(2) inserts new paragraph 36A into Schedule 8 of the EU (Withdrawal) Act 2018. New sub-paragraphs 36(A)(1) and (2) make clear that anything in force or being done in connection with the ECA as saved by new section 1A(2), EU-derived domestic legislation saved by new section 1B(2), for the purpose of implementing EU obligations or otherwise related to EU law immediately before exit day, continues to be in force or being done on and after exit day;

b. sub-paragraph 36A (3) makes clear that the above provision in this new paragraph is subject to certain sections of the EU (Withdrawal) Act 2018 and the EU (Withdrawal Agreement) Act, and other relevant enactments. 36A(4) clarifies that references to anything being done, includes anything omitted to be done; and

c. Paragraph 56(3) amends paragraph 37 of Schedule 8 of the EU (Withdrawal) Act 2018 so that it functions as intended, by providing for the continuation of existing acts in relation to retained EU law, but on IP completion day when this law will be retained. It also takes account of other related amendments to this Act.

596 Paragraph 57 amends Part 4 of Schedule 8 on specific transitional, transitory and saving provision:

a. paragraph 57(2) amends the subheading before paragraph 38 of part 4 of Schedule 4 of the EU (Withdrawal) Act 2018 so that it reads: ‘Retention of saved EU law at the end of implementation period’;

b. Paragraph 57(3) inserts a new paragraph 37A to make clear that the automatic repeal of the key implementation period provisions in the EU (Withdrawal) Act 2018 on IP completion day will not prevent the glosses which applied to domestic legislation during the implementation period, under section 1B(3), (4) or (5), from applying to that legislation as saved by Section 2 of the EU (Withdrawal) Act 2018;

c. Paragraph 57(4) amends references to ‘exit day’ to ‘IP completion day’ in paragraph 38 of Schedule 8 in the EU (Withdrawal) Act 2018. This ensures that rights etc which arise under EU directives and are recognised by courts or tribunals in the UK in cases which have begun before IP completion day but are decided on or after IP completion day are preserved by section 4 and are not excluded by subsection (2) of that section;

d. Paragraph 57(5) amends references to ‘exit day’ to ‘IP completion day’ in paragraph 39 of Schedule 8 in the EU (Withdrawal) Act 2018. This makes further provision about the exceptions to the saving and incorporation of EU law set out in section 5 and Schedule 1. This ensures that the transitional and savings provisions for the exceptions to the preservation of EU law take effect from IP completion day;

e. Paragraph 57(6) amends paragraph 40 of Schedule 8 in the EU (Withdrawal) Act 2018 so that new powers which are added to the Act and are sunsetted are added into the name-checked sections to clarify that although these powers expire, the regulations made under them do not expire;

f. Paragraph 57(7) amends references to ‘exit day’ to ‘IP completion day’ in paragraph 41 of Schedule 8 in the EU (Withdrawal) Act 2018 so that the validity of devolved primary legislation receiving Royal Assent before IP completion day or subordinate legislation subject to confirmation or approval that has been made or approved before IP completion day and any other subordinate legislation made before IP completion day is not affected;

g. these amendments also disapply the current EU law limit on devolved competence so that primary and secondary legislation can be made validly before IP completion day in relation to an area that is not specific in any regulations made under the powers inserted by section 12(2), 12(4) or 12(6) or Schedule 3, Part 1 as subject to a limit on competence. This amendment also disapplies - for the exercise of the powers in Schedules 2 and 4 - the provisions in the Devolution Acts that would otherwise prevent the devolved administrations from making secondary legislation that would be incompatible with EU law; and

h. Paragraph 57(8) again amends references to ‘exit day’ to ‘IP completion day’ in paragraph 42 of Schedule 8 in the EU (Withdrawal) Act 2018. This amendment is self-explanatory.

597 Paragraph 58 makes consequential amendments to the European Parliamentary Elections etc (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 as a result of the conversion of EU law into ‘retained EU law’ taking place at the end of the implementation period.

Legislation (Wales) Act 2019

598 Paragraphs 59 to 63 amend the Legislation (Wales) Act 2019 (anaw 4) to insert, substitute and amend entries relating to the Withdrawal Agreement and, in particular, the implementation period.