European Union (Withdrawal) Bill (HL Bill 102)

European Union (Withdrawal) BillPage 90

(4) Paragraphs 1 to 3 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
begun within the period of 3 months beginning with exit day so far as—

(a) 5the 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
enactment, or

(ii) 10any 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-
paragraph.

(6) 15Paragraph 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.

(7) Paragraph 3 of Schedule 1 does not apply in relation to any proceedings
20begun within the period of two years beginning with exit day so far as the
proceedings relate to anything which occurred before exit day.

Main powers in connection with withdrawal

38 The prohibition on making regulations under section 9, 11 or 22(1) or
Schedule 2 after a particular time does not affect the continuation in force of
25regulations made at or before that time (including the exercise after that time
of any power conferred by regulations made at or before that time).

Devolution

39 (1) The amendments made by section 15 and Part 1 of Schedule 3 do not affect
the validity of—

(a) 30any provision of an Act of the Scottish Parliament, Act of the
National Assembly for Wales or Act of the Northern Ireland
Assembly made before exit day,

(b) any subordinate legislation which is subject to confirmation or
approval and is made and confirmed or approved before exit day, or

(c) 35any other subordinate legislation made before exit day.

(2) Accordingly and subject to sub-paragraphs (3) to (10), the validity of
anything falling within sub-paragraph (1)(a), (b) or (c) is to be decided by
reference to the law before exit day.

(3) Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does
40not 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
day and is a power to make, confirm or approve subordinate
legislation, and

(b) 45is made when there are no regulations under section 30A of the
Scotland Act 1998 by virtue of which the provision would be in

European Union (Withdrawal) BillPage 91

breach of the restriction in subsection (1) of that section 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 were
made and the regulations were in force at that time.

(4) 5Section 108A(2)(e) of the Government of Wales Act 2006, so far as relating to
EU 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
10legislation, and

(b) is made when there are no regulations under section 109A of the
Government of Wales Act 2006 by virtue of which the provision
would be in breach of the restriction in subsection (1) of that section
when the provision comes into force (or, in the case of a provision
15which comes into force before exit day, on or after exit day) if the
provision were made and the regulations were 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) 20comes 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, and

(b) is made when there are no regulations under section 6A of the
Northern Ireland Act 1998 by virtue of which the provision would be
25in breach of the restriction in subsection (1) of that section 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 were
made and the regulations were in force at that time.

(6) Section 57(2) of the Scotland Act 1998, so far as relating to EU law, does not
30apply 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, and

(b) is made, confirmed or approved when there are no regulations under
subsection (4) of section 57 of the Scotland Act 1998 by virtue of
35which the making, confirming or approving would be in breach of
the restriction in that subsection when the legislation comes into
force if—

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

(ii) 40in the case of legislation confirmed or approved, the
legislation was made at that time, and

(iii) the regulations were in force at that time.

(7) Section 80(8) of the Government of Wales Act 2006, so far as relating to EU
law, does not apply to the making, confirming or approving before exit day
45of any subordinate legislation if the legislation—

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

(b) is made, confirmed or approved when there are no regulations under
subsection (8) of section 80 of the Government of Wales Act 2006 by
virtue of which the making, confirming or approving would be in
50breach of the restriction in that subsection, so far as relating to
retained EU law, when the legislation comes into force if—

European Union (Withdrawal) BillPage 92

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

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

(iii) 5the regulations were in force at that time.

(8) Section 24(1)(b) of the Northern Ireland 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, and

(b) 10is made, confirmed or approved when there are no regulations under
subsection (3) of section 24 of the Northern Ireland Act 1998 by virtue
of which the making, confirming or approving would be in breach of
the restriction in that subsection when the legislation comes into
force if—

(i) 15the making, confirming or approving had occurred at that
time,

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

(iii) the regulations were in force at that time.

(9) 20For the purposes of sub-paragraphs (3) to (8) assume that the restrictions
relating to retained EU law in—

(a) sections 30A(1) and 57(4) of the Scotland Act 1998,

(b) sections 80(8) and 109A(1) of the Government of Wales Act 2006, and

(c) sections 6A(1) and 24(3) of the Northern Ireland Act 1998,

25come into force on exit day.

(10) 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
as relating to EU law, do not apply to the making of regulations under
Schedule 2 or 4.

40 30The 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,
the Welsh Ministers, the First Minister for Wales, the Counsel General to the
Welsh Government, a Northern Ireland Minister, the First Minister in
35Northern Ireland, the deputy First Minister in Northern Ireland or a
Northern Ireland department.

41 A consent decision of the Scottish Parliament, the National Assembly for
Wales or the Northern Ireland Assembly made before the day on which this
Act is passed, or the commencement of the 40-day period before the day on
40which this Act is passed, is as effective for the purposes of—

(a) section 30A(3) or 57(6) of the Scotland Act 1998,

(b) section 80(8C) or 109A(4) of the Government of Wales Act 2006, or

(c) section 6A(3) or 24(5) of the Northern Ireland Act 1998,

as a consent decision made, or (as the case may be) the commencement of
45that period, on or after that day.


European Union (Withdrawal) BillPage 93

Other provision

42 (1) The definition of “relevant criminal offence” in section 19(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.

43 (1) The amendment made by paragraph 15 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 15 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 15 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,
25and

(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) Despite the amendment made by paragraph 15, the payment of fees or other
30charges 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 22(8)

SCHEDULE 9 Additional repeals

Short title 35Extent of repeal
European Parliamentary
Elections Act 2002
The whole Act.
European Parliament
(Representation) Act 2003
The whole Act.
European Union (Amendment)
Act 2008
40The whole Act.
European Union Act 2011 The whole Act.

European Union (Withdrawal) BillPage 94

Short title Extent of repeal
European Union (Approval of
Treaty Amendment Decision)
Act 2012
The whole Act.

European Union (Approvals)
Act 2013
5The whole Act.
European Union (Approvals)
Act 2014
The whole Act.
Serious Crime Act 2015 Section 82.
10Section 88(5)(c).
European Union (Finance)
Act 2015
The whole Act.
European Union (Approvals)
Act 2015
The whole Act.