European Union (Withdrawal) Bill (HL Bill 79)

European Economic Area Act 1993

12 The European Economic Area Act 1993 is amended as follows.

13 Omit section 1 (EEA agreement to be an EU Treaty).

14 (1) Section 2 (consistent application of law to the whole of the EEA) is amended
5as follows.

(2) In subsection (3)—

(a) in paragraph (a), after “Act” insert “as at immediately before exit
day”, and

(b) omit paragraph (b), the “or” before that paragraph and the words
10after that paragraph.

(3) After that subsection insert—

“(3A) This section is subject to any amendment, repeal, revocation or other
modification of retained EU law on or after exit day.”

(4) Omit subsections (4) to (6).

15 (1) 15Section 3 (general implementation of the EEA agreement) is amended as
follows.

(2) In subsection (3)—

(a) in paragraph (a), after “Act” insert “as at immediately before exit
day”, and

(b) 20omit paragraph (b), the “or” before that paragraph and the words
after that paragraph.

(3) After subsection (4) insert—

“(4A) This section is subject to any amendment, repeal, revocation or other
modification of retained EU law on or after exit day.”

16 25Omit section 4 (modification of section 3 of the European Communities Act
1972).

17 In section 6 (interpretation), in subsection (1), in the definition of “the 1972
Act”, after “1972” insert (before its repeal by section 1 of the European Union
(Withdrawal) Act 2018)”.

30Criminal Procedure (Scotland) Act 1995

18 (1) Section 288ZA of the Criminal Procedure (Scotland) Act 1995 (right of
Advocate General to take part in proceedings) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a)(ii), for “incompatible with EU law” substitute
35“made unlawful by section 57(4) of the Scotland Act 1998 (restriction
on subordinate legislation modifying retained EU law)”, and

(b) in paragraph (b), for “with EU law” substitute “in breach of the
restriction in section 29(4A) of the Scotland Act 1998 (restriction on
the modification of retained EU law)”.

(3) 40In subsection (3), omit paragraph (c).

Human Rights Act 1998

19 (1) For the purposes of the Human Rights Act 1998, any retained direct EU
legislation is to be treated as primary legislation and not subordinate
legislation.

(2) 5In sub-paragraph (1) “primary legislation” and “subordinate legislation”
have the same meaning as in the Human Rights Act 1998.

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

20 The Interpretation and Legislative Reform (Scotland) Act 2010 is amended
as follows.

21 (1) 10Section 1 (application of Part 1 of the Act) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), after “day” insert “, in the case of Scottish
instruments made as mentioned in paragraph (a) or (b) of the
definition of “Scottish instrument” in subsection (4),”, and

(b) 15after paragraph (b) (but before the “and” at the end of that
paragraph) insert—

“(ba) Scottish instruments made on or after exit day, in the
case of Scottish instruments made as mentioned in
paragraph (c) or (d) of the definition of “Scottish
20instrument” in subsection (4),”.

(3) In subsection (4)—

(a) omit the “or” at the end of paragraph (a), and

(b) after paragraph (b) insert—

“(c) an Act of the Scottish Parliament (whenever passed)
25and any retained direct EU legislation (whenever
made), or

(d) an Act of the Scottish Parliament and an Act of
Parliament (in each case, whenever passed) and any
retained direct EU legislation (whenever made).”

(4) 30After subsection (9) insert—

“(10) In this section “exit day” (and related expressions) and “retained
direct EU legislation” have the same meaning as in the European
Union (Withdrawal) Act 2018 (see section 14(1) to (5) of that Act).”

22 In section 37 (interpretation of Part 2 of the Act)—

(a) 35in the definition of “enactment”, at the end insert “and any retained
direct EU legislation”,

(b) after that definition insert—

• ““retained direct EU legislation” has the same meaning
  as in the European Union (Withdrawal) Act 2018 (see
  40section 14(1) of that Act),”, and

(c) at the end insert—

• ““subordinate legislation” includes an instrument made
  or to be made under any retained direct EU
  legislation on or after exit day (within the meaning of

• the European Union (Withdrawal) Act 2018 (see
  section 14(1) to (5) of that Act)).”

23 In Schedule 1 (definitions of words and expressions)—

(a) omit from “the EU” to “meanings given by that Act”, and

(b) 5at the end insert—

“Definitions relating to the EU

“The Communities” means Euratom, the Economic
Community and the Coal and Steel Community, but a
reference to any or all of those Communities is to be treated
10as being or including (as the context requires) a reference
to the EU.

“E.C.S.C. Treaty” means the Treaty establishing the
European Coal and Steel Community, signed at Paris on 18
April 1951.

15“E.E.C. Treaty” means the Treaty establishing the
European Economic Community, signed at Rome on 25
March 1957.

“Entry date” means the date on which the United Kingdom
became a member of the Communities (which neither
20includes nor is a reference to the EU).

“The EU” or “the European Union” means the European
Union, being the Union established by the Treaty on
European Union signed at Maastricht on 7 February 1992
(as amended by any later Treaty); and includes, so far as
25the context permits or requires, Euratom.

“EU institution” means any institution of the EU.

“EU instrument” means any instrument issued by an EU
institution other than any retained direct EU legislation
(within the meaning of the European Union (Withdrawal)
30Act 2018 (see section 14(1) of that Act)).

“Euratom”, “Economic Community” and “Coal and Steel
Community” mean respectively the European Atomic
Energy Community, the European Economic Community
and the European Coal and Steel Community (but see the
35definition of “the Communities” for provision as to the
construction of references to those Communities).

“Euratom Treaty” means the Treaty establishing the
European Atomic Energy Community, signed at Rome on
25 March 1957.

40“European Court” means the Court of Justice of the
European Union.

“Member”, in the expression “member State”, refers to
membership of the EU.

“The Treaties” or “the EU Treaties” means the Treaties or
45EU Treaties, within the meaning given by section 1(2) of

the European Communities Act 1972 as that Act had effect
immediately before its repeal by section 1 of the European
Union (Withdrawal) Act 2018, as at immediately before
exit day (within the meaning of that Act (see section 14(1)
5to (5) of that Act)).”

Small Business, Enterprise and Employment Act 2015

24 In section 30 of the Small Business, Enterprise and Employment Act 2015
(meaning of “provision for review”), in subsection (3)—

(a) omit “EU obligation or any other”, and

(b) 10omit “Member States or”.

Part 3 General transitional, transitory or saving provision

Continuation of existing acts etc.

25 (1) Anything done—

(a) 15in connection with anything which continues to be, or forms part of,
domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

(b) for a purpose mentioned in section 2(2)(a) or (b) of the European
Communities Act 1972 or otherwise related to the EU or the EEA,

if in force or effective immediately before exit day, continues to be in force
20or effective on and after exit day.

(2) Anything done—

(a) in connection with anything which continues to be, or forms part of,
domestic law by virtue of section 2, 3, 4 or 6(3) or (6), or

(b) for a purpose mentioned in section 2(2)(a) or (b) of the European
25Communities Act 1972 or otherwise related to the EU or the EEA,

which, immediately before exit day, is in the process of being done continues
to be done on and after exit day.

(3) Sub-paragraphs (1) and (2) are subject to—

(a) section 1 and the withdrawal of the United Kingdom from the EU,

(b) 30sections 2 to 6 and Schedule 1,

(c) any provision made under section 17(5), and

(d) any other provision made by or under this Act or any other
enactment.

(4) References in this paragraph to anything done include references to
35anything omitted to be done.

Part 4 Specific transitional, transitory and saving provision

Retention of existing EU law

26 Section 4(2)(b) does not apply in relation to any rights, powers, liabilities,
40obligations, restrictions, remedies or procedures so far as they are of a kind
recognised by a court or tribunal in the United Kingdom in a case decided

on or after exit day but begun before exit day (whether or not as an essential
part of the decision in the case).

27 (1) Subject as follows and subject to any provision made by regulations under
section 17(5), section 5(4) and paragraphs 1 to 4 of Schedule 1 apply in
5relation to anything occurring before exit day (as well as anything occurring
on or after exit day).

(2) Section 5(4) and paragraphs 1 to 4 of Schedule 1 do not affect any decision of
a court or tribunal made before exit day.

(3) Section 5(4) and paragraphs 3 and 4 of Schedule 1 do not apply in relation to
10any proceedings begun, but not finally decided, before a court or tribunal in
the United Kingdom before exit day.

(4) Paragraphs 1 to 4 of Schedule 1 do not apply in relation to any conduct
which occurred before exit day which gives rise to any criminal liability.

(5) Paragraph 3 of Schedule 1 does not apply in relation to any proceedings
15begun within the period of 3 months beginning with exit day so far as—

(a) the proceedings involve a challenge to anything which occurred
before exit day, and

(b) the challenge is not for the disapplication or quashing of—

(i) an Act of Parliament or a rule of law which is not an
20enactment, or

(ii) any enactment, or anything else, not falling within sub-
paragraph (i) which, as a result of anything falling within that
sub-paragraph, could not have been different or which gives
effect to, or enforces, anything falling within that sub-
25paragraph.

(6) Paragraph 3(2) of Schedule 1 does not apply in relation to any decision of a
court or tribunal, or other public authority, on or after exit day which is a
necessary consequence of any decision of a court or tribunal made before
exit day or made on or after that day by virtue of this paragraph.

30Main powers in connection with withdrawal

28 The prohibition on making regulations under section 7, 8 or 9 or Schedule 2
after a particular time does not affect the continuation in force of regulations
made at or before that time (including the exercise after that time of any
power conferred by regulations made at or before that time).

35Devolution

29 (1) The amendments made by section 11 and Part 1 of Schedule 3 do not affect
the validity of—

(a) any provision of an Act of the Scottish Parliament, Act of the
National Assembly for Wales or Act of the Northern Ireland
40Assembly made and in force before exit day, or

(b) any subordinate legislation made, confirmed or approved and in
force before exit day.

(2) Accordingly and subject to sub-paragraphs (3) to (5) and (9), the validity of
anything falling within sub-paragraph (1)(a) or (b) is to be decided by
45reference to the law before exit day.

(3) Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does
not apply to any provision of an Act of the Scottish Parliament made before
exit day if the provision—

(a) comes into force on or after exit day or comes into force before that
5day and is a power to make, confirm or approve subordinate
legislation,

(b) is made when there is an Order in Council under section 29(4C) of
the Scotland Act 1998, and

(c) would, by virtue of the Order, not be in breach of the restriction in
10section 29(4A) of that Act when the provision comes into force (or, in
the case of a provision which comes into force before exit day, on or
after exit day) if the provision and the Order were made and in force
at that time.

(4) Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to
15EU law, does not apply to any provision of an Act of the National Assembly
for Wales made before exit day if the provision—

(a) comes into force on or after exit day or comes into force before that
day and is a power to make, confirm or approve subordinate
legislation,

(b) 20is made when there is an Order in Council under section 108A(10) of
the Government of Wales Act 2006, and

(c) would, by virtue of the Order, not be in breach of the restriction in
section 108A(8) of that Act when the provision comes into force (or,
in the case of a provision which comes into force before exit day, on
25or after exit day) if the provision and the Order were made and in
force at that time.

(5) Section 6(2)(d) of the Northern Ireland Act 1998, so far as relating to EU law,
does not apply to any provision of an Act of the Northern Ireland Assembly
made before exit day if the provision—

(a) 30comes into force on or after exit day or comes into force before that
day and is a power to make, confirm or approve subordinate
legislation,

(b) is made when there is an Order in Council under section 6(8) of the
Northern Ireland Act 1998, and

(c) 35would, by virtue of the Order, not be in breach of the restriction in
section 6(6) of that Act when the provision comes into force (or, in the
case of a provision which comes into force before exit day, on or after
exit day) if the provision and the Order were made and in force at
that time.

(6) 40Section 57(2) of the Scotland Act 1998, so far as relating to EU law, 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
45under section 57(5)(c) of the Scotland Act 1998, and

(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
50time,

(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
5law, 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) 10the 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
15time,

(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,
20does 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) 25the 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) 30in 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
35as 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,
40the 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) 45The 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) In 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) 5The amendment made by paragraph 6 does not affect whether the payment
of 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) 10Sub-paragraph (3) applies where—

(a) immediately 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
15other document, in pursuance of an EU obligation, and

(b) after 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
20charges are to be determined, form part of retained EU law,
and

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

(3) 25Despite 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 connection with the provision of the service or facilities, or
the issuing of the authorisation, certificate or other document.

Section 17(7)

SCHEDULE 9 30Additional repeals