The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/628

2019 No. 628

Exiting The European Union

European Union

The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

Made 21th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 23(1) and (2) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181.

In accordance with paragraphs 1(3) and 15(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

1 Introduction

PART 1

Introduction

S-1 Citation, commencement, extent and interpretation

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019 and come into force in accordance with paragraphs (2) and (3).

(2) The following come into force on the day after the day on which these Regulations are made—

(a)

(a) this regulation and regulations 7 and 8;

(b)

(b) regulation 4(5) insofar as it relates to the following definitions (definitions relating to EU Exit)—

(i) “exit day” (and related expressions);

(ii) “retained EU law”;

(iii) “retained direct minor EU legislation”;

(iv) “retained direct principal EU legislation”;

(v) “retained direct EU legislation”;

(vi) “retained EU obligation”;

(c)

(c) regulation 4(6)(d).

(3) Otherwise, these Regulations come into force on exit day.

(4) Any provision of these Regulations which amends, repeals or revokes an enactment has the same extent as the enactment amended, repealed or revoked.

(5) In these Regulations “the Act” means the European Union (Withdrawal) Act 2018.

2 Interpretation of references to EU instruments etc.

PART 2

Interpretation of references to EU instruments etc.

S-2 Interpretation of non-ambulatory references to direct EU legislation etc.

Interpretation of non-ambulatory references to direct EU legislation etc.

2.—(1) Any reference which, immediately before exit day—

(a)

(a) exists in—

(i) any enactment, or

(ii) any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement which is to form part of domestic law by virtue of section 3 of the Act, and

(b)

(b) is a reference to any of the following as it has effect at a particular time which is earlier than exit day—

(i) any EU regulation, EU decision or EU tertiary legislation,

(ii) any provision of the EEA agreement,

(iii) any of the EU Treaties,

(iv) any other EU instrument or other document of an EU entity, or

(v) any part of anything falling within paragraph (i), (ii), (iii) or (iv),

is to be read, on or after exit day, in accordance with paragraph (2) or (3) as the case may be.

(2) If—

(a)

(a) the reference is a reference to—

(i) any EU regulation, EU decision or EU tertiary legislation,

(ii) any provision of the EEA agreement, or

(iii) any part of anything falling within paragraph (i) or (ii),

(b)

(b) there has been no relevant modification after the particular time of what has been referred to (“the subject law”), and

(c)

(c) the subject law is to form part of domestic law by virtue of section 3 of the Act,

the reference is to be read, on or after exit day, as a reference to the subject law as it forms part of domestic law by virtue of section 3 of the Act.

(3) In any other case, the reference is to be read, on or after exit day, as a reference to the subject law as it had effect in EU law at the particular time.

(4) Paragraph (2) does not determine whether, where the subject law is modified by domestic law on or after exit day, the reference is to be read as a reference to the subject law as modified.

(5) This regulation is subject to any provision made by or under the Act or any other enactment.

(6) In this regulation—

“relevant modification” means any modification in EU law which—

(a) is to form part of domestic law by virtue of section 3 of the Act, and

(b) would, if the reference were to the subject law as modified, result in an alteration to the effect of the reference (ignoring any alteration which is irrelevant in the context concerned);

“the subject law” has the meaning given by paragraph (2)(b).

S-3 Interpretation of references created on or after exit day to EU regulations etc.

Interpretation of references created on or after exit day to EU regulations etc.

3.—(1) The Interpretation Act 19782is amended as follows.

(2) In section 20 (references to other enactments), after subsection (2), insert—

S-3

“3 Where an Act passed on or after exit day refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement, the reference, unless the contrary intention appears, is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.

S-4

4 Subsection (3) does not determine any question as to whether the reference is to be read as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as modified by domestic law (and, accordingly, is without prejudice to subsection (2)).

S-5

5 Any expression in subsection (3) or (4) which is defined in the European Union (Withdrawal) Act 2018 has the same meaning in that subsection as in that Act.”

(3) In section 22(1) (application to Acts and Measures) after “subject” insert “, in the case of section 20(3) to (5), to the provision made in section 20(3) and”.

3 Scotland

PART 3

Scotland

S-4 Amendments of Interpretation and Legislative Reform (Scotland) Act 2010

Amendments of Interpretation and Legislative Reform (Scotland) Act 2010

4.—(1) The Interpretation and Legislative Reform (Scotland) Act 20103is amended as follows.

(2) In section 1 (application of Part 1 of the Act), omit subsection (10).

(3) In section 14 (references to other legislative provisions), after subsection (2), insert—

S-3

“3 A reference in—

(a) an Act of the Scottish Parliament the Bill for which received Royal Assent on or after exit day, or

(b) a Scottish instrument made on or after exit day,

to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.

S-4

4 Subsection (3) does not determine any question as to whether the reference is to be read as a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as modified by domestic law (and, accordingly, is without prejudice to subsections (1) and (2)).

S-5

5 Any expression in subsection (3) or (4) which is defined in the European Union (Withdrawal) Act 2018 has the same meaning in that subsection as in that Act.”

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

(a)

(a) in the definition of “enactment”, omit the words “and any retained direct EU legislation”, and

(b)

(b) omit the definitions of “retained direct EU legislation” and “subordinate legislation”.

(5) In section 55 (transitional Orders: revocation and savings)—

(a)

(a) in subsection (2), after “before that day” insert “(but subject to the modifications in subsections (2A) and (2B))”, and

(b)

(b) after subsection (2) insert—

S-2A

“2A The modification is that in article 2(1) (interpretation) the definition of “enactment” is to be read as if the words “(as that section had effect immediately before 4 June 2010) and includes any retained direct EU legislation” were inserted after “1998”.

S-2B

2B The modifications are that Schedule 2 (general definitions) is to be read as if—

(a) there were inserted after the title of the Schedule—

Definitions”,

(b) in the fourth entry, the words from “The” to “prescribed by that Act;” were omitted,

(c) the definitions of “EEA agreement” and “EEA state” were omitted, and

(d) there were inserted at the end—

Definitions relating to EU exit

“exit day” (and related expressions) have the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) to (5) of that Act).

“retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7), 7(6) and 20(1) of that Act).

“retained EU obligation” means an obligation that—

(a) was created or arose by or under the EU Treaties before exit day, and

(b) forms part of retained EU law,

as modified from time to time.

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 as 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.

“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time, but does not include any retained direct EU legislation.

“EEA state”, in relation to a time, means—

(a) a state which at that time is a member State, or

(b) any other state which at that time is a party to the EEA agreement.

“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 includes nor is a reference to the EU).

“The EU” or “the European Union” means the European Union, being the Union...

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