Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Sunsets of retained EU law
Legislation listed in Schedule 1 is revoked at the end of 2023, to the extent specified there.
In that Schedule—
Part 1 lists subordinate legislation;
Part 2 lists retained direct EU legislation.
The revocation of an instrument, or a provision of an instrument, by subsection (1) does not affect an amendment made by the instrument or provision to any other enactment.
Subsection (1) does not apply to anything specified in regulations made by a relevant national authority.
No regulations may be made under subsection (4) after 31 October 2023.
Section 4 of the European Union (Withdrawal) Act 2018 (saving for rights, powers, liabilities etc under section 2(1) of the European Communities Act 1972) is repealed at the end of 2023.
Accordingly, anything which, immediately before the end of 2023, is retained EU law by virtue of that section is not recognised or available in domestic law at or after that time (and, accordingly, is not to be enforced, allowed or followed).
Assimilation of retained EU law
In section 5 of the European Union (Withdrawal) Act 2018 (exceptions to savings and incorporation), before subsection (1) insert—
In that section, at the end insert—
In consequence of subsection (1), the European Union (Withdrawal) Act 2018 is amended as follows—
in section 5—
omit subsections (1) to (3);
in subsection (7), for “(1)” substitute “(A1)”;
in section 7(5)(a), for “(1) to (3)” substitute “(A1) to (A3)”;
in Schedule 1 omit paragraph 5(2).
The European Union (Withdrawal) Act 2018 is amended as follows.
In section 5 (exceptions to savings and incorporation)—
after subsection (A3) (inserted by section 3(1)) insert— ;
omit subsection (5).
In section 6 (interpretation)—
in subsection (3)(a) omit “and any retained general principles of EU law”;
in subsection (7) omit the definition of “retained general principles of EU law”.
In section 7(5)(b) (status of retained EU law) omit “and retained general principles of EU law”.
In section 21(1) (index of defined expressions), in the table, omit the entry for “Retained general principles of EU law”.
In Schedule 1 (further provision about exceptions to savings and incorporation) omit paragraphs 2 and 3 (general principles of EU law) and the italic heading before them.
In paragraph 39 of Schedule 8 (transitional provision relating to certain exceptions to savings and incorporation)—
in sub-paragraph (1) for “1 to 4” substitute “1 and 4”;
in sub-paragraph (2) for “1 to 4” substitute “1 and 4”;
in sub-paragraph (3) for “paragraphs 3 and” substitute “paragraph”;
in sub-paragraph (4) for “1 to 4” substitute “1 and 4”;
omit sub-paragraphs (5) and (6).
As regards all times after the end of 2023, the things listed in the left-hand column are to be known by the names in the right-hand column.
Accordingly, as regards all times at or before the end of 2023, the things listed in the right-hand column continue to be known by the names in the left-hand column.
Schedule 2 contains amendments consequential on subsection (1).
A reference in an enactment to a thing in the left-hand column of the table in subsection (1) is to be read, as regards all times after the end of 2023, as a reference to the thing by its name in the right-hand column.
Subsection (4) does not apply to any title of an enactment (including any provision about how an enactment may be cited) or any reference to a title of an enactment.
The provision that may be made by regulations under section 19 (power to make consequential provision) in consequence of subsection (1) of this section includes, in particular—
provision adding entries to the table in subsection (1) for things which relate to the things for which there are entries in the table (and adding definitions for those things to subsection (7));
provision amending an enactment in consequence of the name of a thing being changed by subsection (1) (including by virtue of regulations under section 19).
In this section—“retained case law”, “retained domestic case law” and “retained EU case law” have the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018 (as it has effect on the day on which this Act is passed);“retained EU law”, “retained direct EU legislation”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained EU obligation” have the meaning given by Schedule 1 to the Interpretation Act 1978 (as it has effect on the day on which this Act is passed);“retained EU law governing the CAP direct payment schemes” and “retained direct EU CAP legislation” have the meaning given by section 2 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (as it has effect on the day on which this Act is passed).
Interpretation and effect of retained EU law
Section 6 of the European Union (Withdrawal) Act 2018 (interpretation of retained EU law) is amended as specified in subsections (2) to (7).
In subsection (4) (courts not bound by retained case law)—
in paragraph (b)—
in sub-paragraph (i) omit the words from “otherwise” to “1998)”;
after sub-paragraph (ii) (and on a new line) insert “(except, when sitting as a court of appeal in relation to a compatibility issue or devolution issue, so far as there is relevant domestic case law which modifies or applies the retained EU case law and is binding on the court);”;
for paragraph (ba) substitute— ;
after paragraph (c) (and on a new line) insert “and see also subsection (5ZA) below and sections 6A to 6C.”
For subsection (5) substitute—
After that subsection insert—
Omit subsections (5A) to (5D) (power to make regulations about which courts or tribunals are bound by retained EU case law).
After subsection (6A) insert—
In subsection (7) before the definition of “retained case law” insert— .
After section 6 of that Act insert—
In section 21(1) of that Act (index of defined expressions), in the Table after the entry for “Future relationship agreement” insert— .
In section 60A of the Competition Act 1998 (principles etc to be applied in relation to competition decisions) after subsection (9) insert—
A relevant national authority may by regulations provide that subsection (2) applies (and section 5(A2) of the European Union (Withdrawal) Act 2018 does not apply) to the relationship between—
any domestic enactment specified in the regulations, and
any provision of assimilated direct legislation so specified.
Where this subsection applies, the domestic enactment specified under subsection (1)(a)—
must, so far as possible, be read and given effect in a way which is compatible with the provision of assimilated direct legislation specified under subsection (1)(b), and
is subject to that provision of assimilated direct legislation so far as it is incompatible with it.
Regulations under subsection (1) may make provision by modifying any enactment.
No regulations may be made under subsection (1) after 23 June 2026.
In this section “domestic enactment” has the same meaning as in section 5 of the European Union (Withdrawal) Act 2018.
Modification of retained EU law
Part 1 of Schedule 8 to the European Union (Withdrawal) Act 2018 (general consequential provision) is amended as specified in subsections (2) to (7).
In paragraph 3 (existing powers to make subordinate legislation etc: modifications)—
in sub-paragraph (1) omit paragraph (b) (and the “and” immediately before it);
omit sub-paragraph (2).
In paragraph 4 (procedure for existing powers to make subordinate legislation etc)—
omit sub-paragraphs (1) to (5);
before sub-paragraph (6) insert—;
in sub-paragraph (9) omit “amending or repealing an enactment contained in primary legislation or” and “amending or repealing or (as the case may be)”;
omit sub-paragraph (10).
Omit paragraphs 5 and 6.
Omit paragraphs 10 and 11 (but not the italic heading before paragraph 10).
Before paragraph 12 insert—
In paragraph 12—
in sub-paragraphs (1) and (2) for “10 and 11” substitute “11A and 11B”;
after sub-paragraph (3) insert—
Part 1 of Schedule 3 contains amendments altering the parliamentary procedure applicable to certain powers when they modify retained direct EU legislation.
Part 2 of that Schedule contains amendments consequential on the amendments made by this section.
In Schedule 8 to the European Union (Withdrawal) Act 2018 omit— including the italic headings before paragraphs 13 and 14 (but not the italic heading before paragraph 15).
paragraph 13 (affirmative procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the European Communities Act 1972);
paragraph 14 (enhanced scrutiny procedure for instruments which amend or revoke subordinate legislation made under section 2(2) of the European Communities Act 1972);
paragraph 15 (explanatory statements for instruments which amend or revoke subordinate legislation made under section 2(2) of that Act);
In consequence of the amendments made by subsection (1)—
in section 7(5) of the European Union (Withdrawal) Act 2018 for paragraph (d) substitute— ;
in paragraph 16 of Schedule 8 to that Act, for sub-paragraph (7) substitute— ;
in Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 omit paragraph 54(8) to (10).
The amendments made by this section—
so far as relating to paragraph 13 of Schedule 8 to the European Union (Withdrawal) Act 2018, do not apply to any statutory instrument where a draft of the instrument has been laid before each House of Parliament (or, as the case may be, the House of Commons only) before the day on which this Act is passed;
so far as relating to paragraph 14 of that Schedule, do not apply to any statutory instrument or draft statutory instrument where a draft of the instrument has been published under sub-paragraph (2) of that paragraph before the day on which this Act is passed;
so far as relating to paragraph 15 of that Schedule, do not apply to any statutory instrument or draft statutory instrument where—
a statement has been made under sub-paragraph (2) or (3) of that paragraph before the day on which this Act is passed, or
the instrument or draft has been laid before each House of Parliament (or, as the case may be, the House of Commons only) before the day on which this Act is passed and no statement has been made under sub-paragraph (2) or (3) of that paragraph.
Powers relating to retained EU law and assimilated law
A relevant national authority may by regulations restate, to any extent, any secondary retained EU law.
In this Act “secondary retained EU law” means—
any retained EU law that is not primary legislation;
any retained EU law that is primary legislation the text of which was inserted by subordinate legislation.
A restatement is not retained EU law.
Any effect which is produced in relation to the thing being restated by virtue of the retained EU law mentioned in subsection (5) does not apply in relation to the restatement.
The retained EU law referred to in subsection (4) is—
the principle of the supremacy of EU law,
retained general principles of EU law, and
But a restatement may, if the relevant authority considers it appropriate, itself produce an effect that is equivalent to an effect referred to in subsection (4).
No regulations may be made under this section after the end of 2023.
In this section— “restatement”: references to restatement, in relation to anything which is retained EU law by virtue of section 4 or 6(3) or (6) of the European Union (Withdrawal) Act 2018, include codification; “retained general principles of EU law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018.
A relevant national authority may by regulations restate, to any extent, any secondary assimilated law.
In this Act “secondary assimilated law” means—
any assimilated law that is not primary legislation;
any assimilated law that is primary legislation the text of which was inserted by subordinate legislation.
A restatement is not assimilated law.
But a restatement may, if the relevant national authority considers it appropriate, itself produce an effect that is equivalent to an effect referred to in subsection (4).
A restatement may also, if the relevant national authority considers it appropriate, produce an effect that is equivalent to an effect within subsection (7).
the principle of the supremacy of EU law,
retained general principles of EU law, or
anything which was retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018.
No regulations may be made under this section after 23 June 2026.
In this section— “restatement”: references to restatement, in relation to anything which is assimilated law by virtue of section 6(3) or (6) of the European Union (Withdrawal) Act 2018, include codification; “retained general principles of EU law” has the meaning that was given by section 6(7) of the European Union (Withdrawal) Act 2018 immediately before the end of 2023.
A restatement may use words or concepts that are different from those used in the law being restated.
A restatement may make any change which the relevant national authority considers appropriate for one or more of the following purposes—
resolving ambiguities;
removing doubts or anomalies;
facilitating improvement in the clarity or accessibility of the law (including by omitting anything which is legally unnecessary).
may make provision about the relationship between what is restated and a relevant enactment specified in the regulations, but
subject to that, may not make express provision about the relationship between what is restated and other enactments.
Nothing in subsection (5)—
prevents regulations under section 11 or 12 from codifying or reproducing, in relation to a particular enactment, an effect equivalent to an effect which is produced, or would but for sections 2 to 4 be produced, in relation to the enactment by virtue of the principle of supremacy of EU law or retained general principles of EU law, or
prevents regulations under section 11 or 12 which codify or reproduce anything which is or was retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018 from producing an effect equivalent to an effect which is produced, or would but for sections 2 to 4 be produced, in relation to that thing by virtue of the principle of supremacy of EU law or retained general principles of EU law.
In subsection (4)(a) “relevant enactment” means—
if the provision made by the regulations is made by modifying assimilated direct legislation, any assimilated direct legislation;
otherwise, any domestic enactment (as defined by section 5 of the European Union (Withdrawal) Act 2018).
In this section “restatement”—and similar references are to be read accordingly.
in relation to section 11, has the same meaning as in that section;
in relation to section 12, has the same meaning as in that section but also includes reproduction;
A relevant national authority may by regulations revoke any secondary retained EU law without replacing it.
A relevant national authority may by regulations revoke any secondary retained EU law and replace it with such provision as the relevant national authority considers to be appropriate and to achieve the same or similar objectives.
A relevant national authority may by regulations revoke any secondary retained EU law and make such alternative provision as the relevant national authority considers appropriate.
Regulations under subsection (2) or (3)—
may confer a power to make subordinate legislation that corresponds or is similar to a power to make subordinate legislation conferred by secondary retained EU law revoked by the regulations (and may not otherwise confer a power to make subordinate legislation);
subject to that, may confer functions (including discretions) on any person;
may create a criminal offence that corresponds or is similar to a criminal offence created by secondary retained EU law revoked by the regulations (and may not otherwise create a criminal offence);
may provide for the imposition of monetary penalties in cases that correspond or are similar to cases in which secondary retained EU law revoked by the regulations enables monetary penalties to be imposed (and may not otherwise provide for the imposition of monetary penalties);
may provide for the charging of fees;
may not—
impose taxation;
establish a public authority.
No provision may be made by a relevant national authority under this section in relation to a particular subject area unless the relevant national authority considers that the overall effect of the changes made by it under this section (including changes made previously) in relation to that subject area does not increase the regulatory burden.
For the purposes of subsection (5), the creation of a voluntary scheme is not to be regarded as increasing the regulatory burden.
The provision that may be made by regulations under this section may be made by modifying any secondary retained EU law.
Any provision made by virtue of this section is not retained EU law.
No regulations may be made under this section after 23 June 2026.
In this section— “burden” includes (among other things)— a financial cost; an administrative inconvenience; an obstacle to trade or innovation; an obstacle to efficiency, productivity or profitability; a sanction (criminal or otherwise) which affects the carrying on of any lawful activity; “revoke”— includes repeal, and in relation to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018, means provide that it is not recognised or available in domestic law (and, accordingly, not to be enforced, allowed or followed); “secondary retained EU law”: references to secondary retained EU law are to be read after the end of 2023 as references to secondary assimilated law.
In subsection (8) the reference to retained EU law is to be read after the end of 2023 as a reference to assimilated law.
changes in technology, or
developments in scientific understanding.
In subsection (1), the reference to secondary retained EU law is to be read after the end of 2023 as a reference to secondary assimilated law.
Part 1 of the Legislative and Regulatory Reform Act 2006 (order-making powers) is amended as follows.
In section 1(6) (power to remove or reduce burdens: definition of “legislation”) after paragraph (aa) (and before the “or” at the end of the paragraph) insert— .
In section 12 (procedure: introductory) after subsection (2) insert—
Assimilated law dashboard and report
The Secretary of State must within the period of 30 days beginning with the day after the end of each reporting period—
update the assimilated law dashboard;
publish and lay before Parliament a report on the revocation and reform of assimilated law.
The report must—
provide a summary of the data on the assimilated law dashboard (as updated under subsection (1)(a));
set out the progress that has been made in revoking and reforming assimilated law during the reporting period to which the report relates;
set out His Majesty’s Government’s plans to revoke and reform assimilated law in subsequent reporting periods.
The plans that must be set out under subsection (2)(c) must include a list of the provisions of assimilated law which His Majesty’s Government intends to revoke or reform.
The reporting periods are—
the period beginning with the day on which this Act is passed and ending with 23 December 2023;
each subsequent period of 6 months, subject to subsection (5).
The last reporting period ends with 23 June 2026.
If the Secretary of State does not meet the requirements in subsection (1) in relation to a reporting period, the Secretary of State must—
explain why in a statement made in writing, and
publish the statement and lay it before Parliament.
In this section—“assimilated law dashboard” means the database on assimilated law maintained and made publicly available by the Secretary of State;“revoke” has the same meaning as in section 14.
In subsection (2), “reform” includes “replace”.
In relation to the report under subsection (1)(b) in respect of the period ending with 23 June 2026, ignore subsection (2)(c).
Business impact target
In the Small Business, Enterprise and Employment Act 2015, omit sections 21 to 27 (business impact target) including the italic heading before section 21.
In consequence of subsection (1), that Act is amended as specified in subsections (3) and (4).
In section 29(5) (definition of “voluntary or community body”) for “has the meaning given in section 27.” substitute
In section 33(6), in paragraph (b) of the definition of “undertaking” for “section 27” substitute “section 29(5)”.
In consequence of subsection (1), also omit the following—
in Schedule 6 to the Wales Act 2017, paragraph 107;
in Schedule 3 to the Advanced Research and Invention Agency Act 2022, paragraphs 9 and 10;
in the Schedule to the Dissolution and Calling of Parliament Act 2022, paragraphs 27 to 31 (including the italic heading before paragraph 27).
Final provisions
A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate in consequence of this Act.
The provision referred to in subsection (1) includes provision modifying any enactment, including this Act.
A power to make regulations under this Act includes power to make—
different provision for different purposes or areas;
supplementary, incidental, consequential, transitional, transitory or saving provision (including provision modifying any enactment, including this Act).
Schedule 4 contains restrictions on the powers of devolved authorities to make regulations under this Act.
Schedule 5 contains provision about the procedure for making regulations under this Act.
A prohibition in this Act on making regulations after any particular time does not affect the continuation in force of regulations made before that time.
Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations under this Act.
In this Act—“assimilated law” has the meaning given by section 5(1);“devolved authority” means—the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department;“domestic law” means the law of England and Wales, Scotland or Northern Ireland;“enactment” means—an enactment (whenever passed or made) contained in, or in an instrument made under, any primary legislation, or any assimilated direct legislation;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for His Majesty’s Revenue and Customs;“modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);“Northern Ireland devolved authority” means—the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister, or a Northern Ireland department;“primary legislation” means—an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation;“relevant national authority” means—a Minister of the Crown, a devolved authority, or a Minister of the Crown acting jointly with one or more devolved authorities;“secondary assimilated law” has the meaning given by section 12(2);“secondary retained EU law” has the meaning given by section 11(2);“subordinate legislation” means—an instrument (other than an instrument that is Northern Ireland legislation) made under any primary legislation, or an instrument made on or after IP completion day under any assimilated direct legislation.
In this Act—
references to an instrument made under an Act include in particular any Order in Council, order, rules, regulations, scheme, warrant or byelaw made under an Act;
references to an instrument made under any assimilated direct legislation include in particular any Order in Council, order, rules, regulations, scheme, warrant or byelaw made under any assimilated direct legislation.
In this Act references to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018 include references to any modifications, made on or after IP completion day, of the rights, powers, liabilities, obligations, restrictions, remedies or procedures concerned.
The following provisions come into force on the day on which this Act is passed—
section 7;
Section 18 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The other provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint.
A relevant national authority may by regulations make such transitional, transitory or saving provision as the relevant national authority considers appropriate in connection with—
the coming into force of any provision of this Act,
the revocation of anything by section 1, or
anything ceasing to be recognised or available in domestic law (and, accordingly, ceasing to be enforced, allowed or followed) as a result of section 2.
The amendments made by Schedule 2 do not apply as regards any time at or before the end of 2023.
Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.
This Act may be cited as the Retained EU Law (Revocation and Reform) Act 2023.
Sunset of subordinate legislation and retained direct EU legislation
Retained direct EU legislation
“Assimilated law”: consequential amendments
The Interpretation Act (Northern Ireland) 1954 is amended as follows.
In section 1(f) (meaning of “statutory provision”), for sub-paragraphs (ii) and (iii) substitute—.
In section 11 (references to enactments), in subsections (1A) and (1AA), for “retained direct EU” substitute “assimilated direct”.
In section 44A (definitions relating to the United Kingdom’s withdrawal from the EU)—
before the definition of “EU withdrawal agreement” insert—;
omit the definition of “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;
omit the definition of “retained EU obligation”.
The Interpretation Act 1978 is amended as follows.
In section 21 (interpretation etc), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
In section 23ZA (retained direct EU legislation)—
in the heading, for “Retained direct EU” substitute “Assimilated direct”;
for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
In section 23B (application of 1978 Act to Welsh legislation), in subsection (3) for “retained direct EU” substitute “assimilated direct”.
In section 23C (interpretation of the 1978 Act in relation to Welsh legislation), in subsection (1)(d) for “retained direct EU” substitute “assimilated direct”.
In Schedule 1 (words and expressions defined)—
in the entry for “Enactment”, for “retained direct EU” substitute “assimilated direct”;
before the entry for “The Communities” (but after the italic heading “Definitions relating to the EU and the United Kingdom’s withdrawal”), insert—
in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct”;
in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”;
omit the entry for “Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;
omit the entry for “Retained EU obligation”.
In Schedule 2 (application of Act to existing enactments), in paragraph 8 for “retained direct EU” substitute “assimilated direct”.
In section 106 of the Scotland Act 1998 (power to adapt functions), in subsection (5), for “a retained EU” substitute “an assimilated”.
In section 27 of the Northern Ireland Act 1998 (quotas for purposes of international etc obligations)—
in subsection (1)(a), for “a retained EU” substitute “an assimilated”;
in subsection (2), for “retained EU” substitute “assimilated”;
in subsection (4A), for “a retained EU” substitute “an assimilated”.
The Government of Wales 2006 is amended as follows.
In section 58A (executive ministerial functions), in subsection (4)(d), for “retained EU” substitute “assimilated”.
In the italic heading before section 80 (retained EU obligations, human rights and international obligations etc) for “Retained EU” substitute “Assimilated”.
In section 80 (retained EU obligations)—
in the heading, for “Retained EU” substitute “Assimilated”;
in subsection (1), for “A retained EU” substitute “An assimilated”;
in subsection (2), for “a retained EU” substitute “an assimilated”;
in subsection (3)—
for “a retained EU” substitute “an assimilated”;
for “the retained EU” substitute “the assimilated”;
in subsection (7)—
for “a retained EU” substitute “an assimilated”;
for “the retained EU” substitute “the assimilated”.
The Legislative and Regulatory Reform Act 2006 (as amended by this Act) is amended as follows.
In section 1(6) (power to remove or reduce burdens: definition of “legislation”), in paragraph (ab), for “retained direct EU” substitute “assimilated direct”.
In section 12 (procedure: introductory), in subsection (3), for “retained direct EU” substitute “assimilated direct”.
The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.
In section 1 (application of Part 1), in subsection (4), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
In section 55 (consequential revocation of transitional Orders)—
in subsection (2A), for “retained direct EU” substitute “assimilated direct”;
in subsection (2B)(d)—
before the entry for “EU withdrawal agreement” (but after the italic heading), insert—;
omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;
omit the entry for “retained EU obligation”;
in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct”;
in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”.
In Schedule 1 (definitions of words and expressions)—
in the entry for “enactment”, for “retained direct EU” (in each place it appears) substitute “assimilated direct”;
in the entry for “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;
before the entry for “EU withdrawal agreement” (but after the italic heading “Definitions relating to EU exit”), insert—;
omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;
omit the entry for “retained EU obligation”;
in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”.
The European Union (Withdrawal) Act 2018 (as amended by this Act) is amended as follows.
In section 5 (exceptions to savings and incorporation), in subsections (A2) and (8), for “retained direct EU” substitute “assimilated direct”.
In section 6 (interpretation of retained EU law)—
in the heading for “retained EU” substitute “assimilated”;
in subsection (3)—
for “retained EU” substitute “assimilated”;
in paragraph (a) for “retained” (in the first place it appears) substitute “assimilated”;
in subsections (4) to (5ZA), for “retained” (in each place it appears) substitute “assimilated”;
in subsection (6), for “retained EU” substitute “assimilated”;
in subsection (7)—
before the definition of “higher court” insert—;
omit the definitions of “retained case law”, “retained domestic case law”, “retained EU case law” and “retained EU law”.
In section 6A (references on retained case law by lower courts or tribunals), for “retained” (in each place it appears, including the heading) substitute “assimilated”.
In section 6B (references on retained case law by UK or devolved law officers), for “retained” (in each place it appears, including the heading) substitute “assimilated”.
In section 6C (interventions on retained case law by UK or devolved law officers), for “retained” (in each place it appears, including the heading) substitute “assimilated”.
In section 6D (incompatibility orders), in subsection (1)(a) and (b), for “retained direct EU” substitute “assimilated direct”.
In section 7 (status of retained EU law)—
in the heading for “retained EU” substitute “assimilated”;
in subsection (4A) for “Retained direct EU” substitute “Assimilated direct”;
in subsection (5)—
for “retained EU” (in each place it appears) substitute “assimilated”;
in paragraph (b), for “retained” (in the first place it appears) substitute “assimilated”;
in paragraphs (e) and (f), for “retained direct EU” substitute “assimilated direct”.
omit subsection (6).
In section 20(1) (interpretation)—
before the definition of “Charter of Fundamental Rights” insert—;
in the definition of “enactment”, in paragraph (h), for “retained direct EU” substitute “assimilated direct”;
omit the definition of “retained direct EU legislation”;
in the definition of “subordinate legislation” for “retained direct EU” substitute “assimilated direct”.
In section 21(1) (index of defined expressions), in the table—
after the entry for “Article (in relation the Treaty on European Union or the Treaty on the Functioning of the European Union)”, insert—
omit the entries for “Retained case law”, “Retained direct EU legislation”, “Retained direct minor EU legislation”, “Retained direct principal EU legislation”, “Retained domestic case law”, “Retained EU case law” and “Retained EU law”.
In Schedule 1 (further provision about exceptions to savings and incorporation), for “retained EU” (in each place it appears) substitute “assimilated”.
In Schedule 4 (powers in connection with fees and charges), in paragraph 7(1)(b) (power to modify pre-exit fees or charges), for “retained EU” substitute “assimilated”.
In Schedule 5 (publication and rules of evidence), in paragraph 4(5) (definition of “relevant matter” for power to make provision about judicial notice and admissibility), for paragraph (a) substitute—.
In Schedule 7 (regulations)—
in the italic heading before paragraph 9, for “retained EU” substitute “assimilated”;
in paragraphs 21, 23 and 28, for “retained EU” (in each place it appears) substitute “assimilated”.
In Schedule 8 (consequential etc provision)—
in the italic heading before paragraph 1, for “retained direct EU” substitute “assimilated direct”;
in paragraphs 2A(6A)(b), 3(1), 8(2), 11A(2), 11B(2) and 12(2)(b), for “retained direct EU” (in each place it appears) substitute “assimilated direct”;
in paragraphs 7, 16(3)(b) and 45(2)(b)(i) and (ii), for “retained EU” substitute “assimilated”;
in paragraphs 11A(3), 11B(3) and 30—
for “retained direct minor EU” (in each place it appears) substitute “assimilated direct minor”;
for “retained direct principal EU” (in each place it appears) substitute “assimilated direct principal”.
The Legislation (Wales) Act 2019 is amended as follows.
In section 3 (legislation to which Part 2 applies), in subsection (2)(b)—
in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;
in the English language text, for “retained direct EU” substitute “assimilated direct”.
In section 32 (amendments made to or by Welsh legislation), in subsection (3)—
in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;
in the English language text, for “retained direct EU” substitute “assimilated direct”.
In section 39 (power to make subordinate legislation in different forms), in subsection (4)(a)—
in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;
in the English language text, for “retained direct EU” substitute “assimilated direct”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Schedule 1 (definition of words and expressions), in the table—
in the Welsh language text—
for the entry for “cyfraith UE a ddargedwir” substitute—;
in the entries for “cytundeb yr AEE”, “deddfiad”, “is-ddeddfwriaeth” and “offeryn UE”, for “UE a ddargedwir” substitute “a gymathwyd”;
for the entry for “deddfwriaeth uniongyrchol UE a ddargedwir” substitute—;
for the entry for “mân ddeddfwriaeth uniongyrchol UE a ddargedwir” and “prif ddeddfwriaeth uniongyrchol UE a ddargedwir” substitute—;
for the entry for “rhwymedigaeth UE a ddargedwir” substitute—;
in the English language text—
after the entry for “Assembly Measure” insert—;
in the entries for “EEA agreement”, “enactment”, “EU instrument” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;
omit the entries for “retained direct EU legislation”, “retained direct minor EU legislation”, “retained direct principal EU legislation”, “retained EU law” and “retained EU obligation”.
The Direct Payments to Farmers (Legislative Continuity) Act 2020 is amended as follows.
In section 2 (interpretation and status)—
in subsection (1)—
for “retained EU” substitute “assimilated”;
for “EU law retained under that Act” substitute “assimilated law within the meaning given by that section”;
in subsection (3)—
for “retained direct EU” substitute “assimilated direct”;
for “direct EU legislation retained under that Act” substitute “assimilated direct legislation within the meaning given by section 20(1) of that Act”;
in subsection (5), in the table—
in the entry for “retained EU law”, for “retained EU” (in each place it appears) substitute “assimilated”;
in the entry for “retained direct EU legislation”, for “retained direct EU” (in each place it appears) substitute “assimilated direct”;
in the entry for “retained direct principal EU legislation”, for “retained direct principal EU” substitute “assimilated direct principal”;
in the entry for “retained direct minor EU legislation”, for “retained direct minor EU” substitute “assimilated direct minor” and for “retained direct EU” substitute “assimilated direct”;
in subsection (6)—
for “retained” (in the first and second places it appears) substitute “assimilated”;
in paragraph (a), for “2, 3 or 4” substitute “2 or 3”;
in subsection (7), for “retained EU” (in each place it appears) substitute “assimilated”;
in subsection (8)(b), for “retained direct EU” substitute “assimilated direct”;
in subsection (10)—
in the definition of “retained EU law governing the CAP direct payment schemes”, for “retained EU” substitute “assimilated”;
in the definition of “retained direct EU CAP legislation”, for “retained direct EU” substitute “assimilated direct”.
In section 3 (regulations), in subsections (4), (9) and (10), for “retained EU” substitute “assimilated”.
In section 8 (interpretation)—
before the definition of “CAP direct payment schemes” insert—
in the definition of “enactment”, in paragraph (d), for “retained direct EU” substitute “assimilated direct”;
omit the definitions of “retained direct EU CAP legislation” and “retained EU law governing the CAP direct payment schemes”.
In Schedule 1 (consequential provision)—
omit paragraphs 3 to 6;
in paragraph 7—
the existing text becomes sub-paragraph (2) of that paragraph;
before sub-paragraph (2), insert—;
in sub-paragraph (2), for “For the purposes of the definitions amended by paragraphs 3 to 6” substitute “For the purposes of those definitions”;
in paragraph (a) of sub-paragraph (2), for “retained EU” substitute “assimilated”;
in paragraph (b) of sub-paragraph (2), for “retained direct EU” substitute “assimilated direct”;
in paragraphs (c) and (d) of sub-paragraph (2), for “retained direct principal EU” substitute “assimilated direct principal”;
in paragraph (d) of sub-paragraph (2), for “retained direct minor EU” substitute “assimilated direct minor”;
In paragraph 8—
omit “3 or”;
for “the terms mentioned in paragraph 3” substitute ““assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation””.
This Act is amended as follows.
In section 7 (compatibility), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
In section 13 (general provision about powers to restate or reproduce), in subsection (9)(a) for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
In section 17 (retained EU law dashboard and report), for “retained EU” (in each place it appears, including the heading) substitute “assimilated”.
In section 21 (interpretation)—
in subsection (1), in the definitions of “enactment” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;
in subsection (2), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
Amendment of certain retained EU law
Change of parliamentary procedure
In section 160A(2) of the Environmental Protection Act 1990 (regulations and orders subject to affirmative procedure), in the Table—
in the second column of the entry for section 34CA, in paragraph (e) omit “or retained direct principal EU legislation”;
in the second column of the entry for section 141, in paragraph (f) omit “or retained direct principal EU legislation”.
In Article 82(1B) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (regulations subject to affirmative procedure)—
insert “or” at the end of sub-paragraph (d);
omit sub-paragraph (f) and the “or” before it.
Schedule 7 to the European Union (Withdrawal) Act 2018 (regulations) is amended as follows.
In the following provisions omit paragraph (b) and the “or” before it—
paragraph 8B(1), (3), (5) and (7) (affirmative procedure for certain sole regulations in connection with Part 4 of the EU withdrawal agreement);
paragraph 8C(3), (5), (10) and (12) (affirmative procedure for certain joint regulations in connection with Part 4 of the EU withdrawal agreement);
paragraph 8D(1), (3), (5) and (7) (affirmative procedure for certain sole regulations in connection with other separation issues in the EU withdrawal agreement etc.);
paragraph 8E(3), (5), (10) and (12) (affirmative procedure for certain joint regulations in connection with other separation issues in the EU withdrawal agreement etc.).
In paragraph 8F(2)(a) (affirmative procedure for powers in connection with the Northern Ireland Protocol) omit “or retained direct principal EU legislation”.
Schedule 4 to the European Union (Withdrawal Agreement) Act 2020 (regulations under that Act) is amended as follows.
In the following provisions omit paragraph (b) and the “or” before it—
paragraph 2(2) (affirmative procedure for certain regulations under section 11 of the Act of 2020);
Schedule 5 to the European Union (Future Relationship) Act 2020 (regulations under that Act) is amended as follows.
In paragraph 6(2)(a) (affirmative procedure for certain implementation regulations) omit “or retained direct principal EU legislation”.
In paragraph 12(2) (affirmative procedure for certain regulations relating to the functioning of agreements) omit paragraph (b) and the “or” before it.
In section 45(4) of the Financial Services Act 2021 (consequential regulations subject to affirmative procedure) omit paragraph (b).
In section 142(7) of the Environment Act 2021 (consequential regulations subject to affirmative procedure)—
at the end of paragraph (c) insert “or”;
omit paragraph (e) and the “or” before it.
The Public Service Pensions and Judicial Offices Act 2022 is amended as follows.
In section 108(6) (power to make consequential provision) omit paragraph (b).
In section 128(7) (consequential etc provision) in the definition of “primary legislation” omit paragraph (b).
In section 18(1) of the Professional Qualifications Act 2022 (regulations subject to affirmative procedure) omit “or retained direct principal EU legislation”.
In section 86(3) of the Subsidy Control Act 2022 (consequential provision: regulations subject to affirmative procedure) omit “or retained direct principal EU legislation”.
In Schedule 11 to the Building Safety Act 2022 (construction products regulations), in paragraph 23(3) (regulations requiring affirmative procedure) omit paragraph (d).
In section 84(5) of the Nationality and Borders Act 2022 (consequential provision: regulations subject to affirmative procedure) omit paragraph (b).
Consequential amendments
In section 7 of the European Union (Withdrawal) Act 2018 (status of retained EU law) for subsections (2) to (4) substitute—
In section 2(3)(b) of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (interpretation and status) for “10” substitute “11A”.
Regulations: restrictions on powers of devolved authorities
This Schedule applies to regulations under this Act where the power to make the regulations is conferred on a relevant national authority.
Provision may be made in regulations to which this Schedule applies by a devolved authority acting alone only if the provision is within the devolved competence of the devolved authority.
A provision is within the devolved competence of the Scottish Ministers for the purposes of this paragraph if—
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or
it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone.
A provision is within the devolved competence of the Welsh Ministers for the purposes of this paragraph if—
it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006), or
it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone.
A provision is within the devolved competence of a Northern Ireland department for the purposes of this paragraph if—
it would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly and it would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, or
it is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone.
The consent of a Minister of the Crown is required before any provision is made in regulations to which this Schedule applies by the Welsh Ministers acting alone so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
The consent of the Secretary of State is required before any provision is made in regulations to which this Schedule applies by a Northern Ireland department acting alone so far as that provision, if contained in a Bill in the Northern Ireland Assembly, would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
Sub-paragraph (1) or (2) does not apply if—
the provision could be contained in subordinate legislation made otherwise than under this Act by the Welsh Ministers acting alone or (as the case may be) a Northern Ireland devolved authority acting alone, and
no such consent would be required in that case.
The consent of a Minister of the Crown is required before any provision is made in regulations to which this Schedule applies by a devolved authority acting alone so far as that provision would require the consent of a Minister of the Crown if contained in—
subordinate legislation made otherwise than under this Act by the devolved authority, or
subordinate legislation not falling within paragraph (a) and made otherwise than under this Act by (in the case of Scotland) the First Minister or Lord Advocate acting alone or (in the case of Northern Ireland) a Northern Ireland devolved authority acting alone.
Sub-paragraph (4) does not apply if—
the provision could be contained in—
an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, or
different subordinate legislation of the kind mentioned in sub-paragraph (4)(a) or (b) and of a devolved authority acting alone or (as the case may be) other person acting alone, and
no such consent would be required in that case.
No regulations to which this Schedule applies may be made by the Scottish Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown.
the Scottish Ministers acting jointly with a Minister of the Crown, or
the First Minister or Lord Advocate acting jointly with a Minister of the Crown,
No regulations to which this Schedule applies may be made by the Welsh Ministers, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers acting jointly with a Minister of the Crown, unless the regulations are, to that extent, made jointly with the Minister of the Crown.
No regulations to which this Schedule applies may be made by a Northern Ireland department, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by— unless the regulations are, to that extent, made jointly with the Minister of the Crown.
a Northern Ireland department acting jointly with a Minister of the Crown, or
another Northern Ireland devolved authority acting jointly with a Minister of the Crown,
Sub-paragraph (1), (2) or (3) does not apply if the provision could be contained in—
an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly without the need for the consent of a Minister of the Crown, or
different subordinate legislation made otherwise than under this Act by—
the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
the Welsh Ministers acting alone, or (as the case may be)
a Northern Ireland devolved authority acting alone.
No regulations to which this Schedule applies may be made by the Welsh Ministers acting alone, so far as they contain provision which, if contained in an Act of Senedd Cymru, would require consultation with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
No regulations to which this Schedule applies may be made by the Scottish Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Scottish Ministers, the First Minister or the Lord Advocate after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
No regulations to which this Schedule applies may be made by the Welsh Ministers acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by the Welsh Ministers after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
No regulations to which this Schedule applies may be made by a Northern Ireland department acting alone, so far as they contain provision which relates to a matter in respect of which a power to make subordinate legislation otherwise than under this Act is exercisable by a Northern Ireland department after consulting with a Minister of the Crown, unless the regulations are, to that extent, made after consulting with the Minister of the Crown.
Sub-paragraph (2), (3) or (4) does not apply if—
the provision could be contained in an Act of the Scottish Parliament, an Act of Senedd Cymru or (as the case may be) an Act of the Northern Ireland Assembly, and
there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.
Sub-paragraph (2), (3) or (4) does not apply if—
the provision could be contained in different subordinate legislation made otherwise than under this Act by—
the Scottish Ministers, the First Minister or the Lord Advocate acting alone,
the Welsh Ministers acting alone, or (as the case may be)
a Northern Ireland devolved authority acting alone, and
there would be no requirement for the consent of a Minister of the Crown, or for consultation with a Minister of the Crown, in that case.
Regulations: procedure
General
A power to make regulations under this Act—
so far as exercisable by a Minister of the Crown acting alone, the Welsh Ministers acting alone, or by a Minister of the Crown and a devolved authority acting jointly, is exercisable by statutory instrument;
so far as exercisable by a Northern Ireland department (other than when acting jointly with a Minister of the Crown), is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
For regulations made under this Act by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (Scottish statutory instruments).
Sub-paragraph (2) applies to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament for the approval of the instrument in draft before it is made.
The statutory instrument may also include regulations under this Act or another enactment which are made by statutory instrument which is not subject to the procedure mentioned in sub-paragraph (1) (whether or not it is subject to any other procedure before Parliament).
Where regulations are included as mentioned in sub-paragraph (2), the statutory instrument is subject to the procedure mentioned in sub-paragraph (1) (and is not subject to any other procedure before Parliament).
Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Senedd Cymru as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament, but as if references to Parliament were references to the Senedd.
Sub-paragraphs (1) to (3) apply in relation to a statutory rule as they apply in relation to a statutory instrument but as if references to Parliament were references to the Northern Ireland Assembly.
Sub-paragraphs (1) to (3) apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before a devolved legislature as well as a procedure before Parliament as they apply in relation to a statutory instrument containing regulations under this Act which is subject to a procedure before Parliament, but as if references to Parliament were references to Parliament and the devolved legislature.
In sub-paragraph (6) “devolved legislature” means the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly.
Nothing in this paragraph prevents the inclusion of other regulations in a statutory instrument or statutory rule which contains regulations under this Act.
If an instrument, or a draft of an instrument, containing regulations under this Act would otherwise be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.
Powers of relevant national authority: separate exercise
This Part of this Schedule applies to regulations under any provision of this Act except section 22(4), where—
the power to make the regulations is conferred on a “relevant national authority”, and
the power is exercised by one relevant national authority acting alone.
A Minister of the Crown may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (2) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
The following regulations are within this sub-paragraph—
regulations under section 1;
regulations under section 7 which amend, repeal or revoke primary legislation;
regulations under section 14(2) which confer a power to make subordinate legislation or create a criminal offence;
regulations under section 14(3);
regulations under section 19 which amend, repeal or revoke primary legislation.
A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
The following regulations are within this sub-paragraph—
regulations under section 7 which are not within sub-paragraph (2)(b);
regulations under section 15;
regulations under section 19 which are not within sub-paragraph (2)(f).
A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (3) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
Sub-paragraph (2) applies where—
paragraph 5(5) applies to the regulations, and
the Minister is of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
The Minister may not make the instrument so that it is subject to that procedure unless—
condition 1 is met, and
either condition 2 or 3 is met.
Condition 1 is that a Minister of the Crown—
has made a statement in writing to the effect that in the Minister’s opinion the instrument should be subject to annulment in pursuance of a resolution of either House of Parliament, and
has laid before each House of Parliament—
a draft of the instrument, and
a memorandum setting out the statement and the reasons for the Minister’s opinion.
Condition 2 is that a committee of the House of Commons charged with doing so and a committee of the House of Lords charged with doing so have, within the relevant period, each made a recommendation as to the appropriate procedure for the instrument.
Condition 3 is that the relevant period has ended without condition 2 being met.
Sub-paragraph (7) applies if—
a committee makes a recommendation as mentioned in sub-paragraph (4) within the relevant period,
the recommendation is that the appropriate procedure for the instrument is for a draft of it to be laid before, and approved by a resolution of, each House of Parliament before it is made, and
the Minister who is to make the instrument is nevertheless of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of either House of Parliament.
Before the instrument is made, the Minister must make a statement explaining why the Minister does not agree with the recommendation of the committee.
If the Minister fails to make a statement required by sub-paragraph (7) before the instrument is made, a Minister of the Crown must make a statement explaining why the Minister has failed to do so.
A statement under sub-paragraph (7) or (8) must be made in writing and be published in such manner as the Minister making it considers appropriate.
In this paragraph “the relevant period” means the period—
beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and
ending with whichever of the following is the later—
the end of the period of 10 Commons sitting days beginning with that first day, and
the end of the period of 10 Lords sitting days beginning with that first day.
For the purposes of sub-paragraph (10)—and, for the purposes of sub-paragraph (10) and this sub-paragraph, a day is only a day on which the House of Commons or the House of Lords is sitting if the House concerned begins to sit on that day.
where a draft of an instrument is laid before each House of Parliament on different days, the later day is to be taken as the day on which it is laid before both Houses,
“Commons sitting day” means a day on which the House of Commons is sitting, and
“Lords sitting day” means a day on which the House of Lords is sitting,
Section 6(1) of the Statutory Instruments Act 1946 (alternative procedure for certain instruments laid in draft before Parliament) does not apply in relation to any statutory instrument to which this paragraph applies.
Regulations of the Scottish Ministers to which this Part of this Schedule applies and which are within paragraph 5(2) are subject to the affirmative procedure.
Regulations made by the Scottish Ministers to which this Part of this Schedule applies and which are within paragraph 5(4) are subject to the negative procedure.
Regulations made by the Scottish Ministers to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are (if they have not been subject to the affirmative procedure) subject to the negative procedure.
For the negative procedure and the affirmative procedure, see sections 28 and 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) respectively.
The Welsh Ministers may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which fall within paragraph 5(2) unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
A statutory instrument made by the Welsh Ministers containing regulations to which this Part of this Schedule applies and which are within paragraph 5(4) is subject to annulment in pursuance of a resolution of the Senedd.
A statutory instrument made by the Welsh Ministers containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of the Senedd.
Sub-paragraph (2) applies if—
paragraph 8(3) applies to the instrument, and
the Welsh Ministers are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.
The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—
condition 1 is met, and
either condition 2 or 3 is met.
Condition 1 is that the Welsh Ministers—
have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the Senedd, and
have laid before the Senedd—
a draft of the instrument, and
a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.
Condition 2 is that a committee of the Senedd charged with doing so have made a recommendation as to the appropriate procedure for the instrument.
Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the Senedd as mentioned in sub-paragraph (3)(b)(i) has ended without any recommendation being made as mentioned in sub-paragraph (4).
In calculating the period of 14 days, no account is to be taken of any time during which the Senedd is—
dissolved, or
in recess for more than four days.
Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this paragraph applies.
A Northern Ireland department may not make regulations to which this Part of this Schedule applies and which fall within paragraph 5(2) unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Regulations made by a Northern Ireland department to which this Part of this Schedule applies and which are within paragraph 5(4) are subject to negative resolution.
Regulations made by a Northern Ireland department to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution.
In this paragraph “subject to negative resolution” means subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
Powers of relevant national authority: joint exercise
A statutory instrument containing regulations within paragraph 5(2) may not be made by a Minister of the Crown jointly with a devolved authority unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations within paragraph 5(4) made by a Minister of the Crown jointly with a devolved authority is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations under this Act that are made by a Minister of the Crown jointly with a devolved authority and to which neither sub-paragraph (1) nor sub-paragraph (2) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
The procedure provided for by this paragraph is in addition to any other procedure provided for by this Part of this Schedule.
Regulations within paragraph 5(2) of a Minister of the Crown acting jointly with the Scottish Ministers are subject to the affirmative procedure.
Regulations within paragraph 5(4) made by a Minister of the Crown jointly with the Scottish Ministers are subject to the negative procedure.
Regulations under this Act made by a Minister of the Crown jointly with the Scottish Ministers and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are (if they have not been subject to the affirmative procedure) subject to the negative procedure.
This paragraph applies in relation to regulations under this Act to which any provision of paragraph 12 applies.
If the regulations are subject to the affirmative procedure, section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (affirmative procedure) applies in relation to the regulations as it applies in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the affirmative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
If the regulations are subject to the negative procedure, sections 28(2), (3) and (8) and 31 of that Act apply in relation to the regulations as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) which is subject to the negative procedure (but as if references to a Scottish statutory instrument were references to a statutory instrument).
Section 32 of that Act (laying) applies in relation to the laying before the Scottish Parliament of a statutory instrument containing the regulations as it applies in relation to the laying before that Parliament of a Scottish statutory instrument (within the meaning of Part 2 of that Act).
A statutory instrument containing regulations within paragraph 5(2) may not be made by a Minister of the Crown jointly with the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
A statutory instrument containing regulations within paragraph 5(4) made by a Minister of the Crown jointly with the Welsh Ministers is subject to annulment in pursuance of a resolution of the Senedd.
A statutory instrument containing regulations under this Act that are made by a Minister of the Crown jointly with the Welsh Ministers and to which neither sub-paragraph (1) nor sub-paragraph (2) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, Senedd Cymru) subject to annulment in pursuance of a resolution of the Senedd.
Regulations within paragraph 5(2) may not be made by a Minister of the Crown jointly with a Northern Ireland department unless a draft of the regulations been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Regulations within paragraph 5(4) made by a Minister of the Crown jointly with a Northern Ireland department are subject to negative resolution.
Regulations under this Act made by a Minister of the Crown jointly with a Northern Ireland department and to which neither sub-paragraph (1) nor sub-paragraph (2) applies are (if a draft of the regulations has not been laid before, and approved by a resolution of, the Northern Ireland Assembly) subject to negative resolution.
In this paragraph “subject to negative resolution” means subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
If in accordance with this Part of this Schedule—nothing further is to be done under the instrument after the date of the resolution and His Majesty may by Order in Council revoke the instrument.
either House of Parliament resolves that an address be presented to His Majesty praying that an instrument be annulled, or
a relevant devolved legislature resolves that an instrument be annulled,
In sub-paragraph (1) “relevant devolved legislature” means—
in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament;
in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru;
in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly.
Sub-paragraph (1) does not—
affect the validity of anything previously done under the instrument, or
prevent the making of a new instrument.
This paragraph applies in place of provision made by any other enactment about the effect of such a resolution.
This Part of this Schedule does not apply in relation to regulations under section 22(4).