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  1. Constitutions
  2. United Kingdom of Great Britain and Northern Ireland
  3. 41

🇬🇧 United Kingdom of Great Britain and Northern IrelandConstitution

European Union (Withdrawal) Act 2018

41

Jurisdiction
United Kingdom of Great Britain and Northern Ireland
Provision
41
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
1 The amendments made by section 12 and Part 1 of Schedule 3 do not affect the validity of— a any provision of an Act of the Scottish Parliament, Act of the National Assembly for Wales or Act of the Northern Ireland Assembly made before IP completion day , b any subordinate legislation which is subject to confirmation or approval and is made and confirmed or approved before IP completion day , or c any other subordinate legislation made before IP completion 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 IP completion day . 3 Section 29(2)(d) of the Scotland Act 1998, so far as relating to EU law, does not apply to any provision of an Act of the Scottish Parliament made before IP completion day if the provision— a comes into force on or after IP completion 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 30A of the Scotland Act 1998 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 which comes into force before IP completion day , on or after IP completion day ) if the provision were made and the regulations were in force at that time. 4 Section 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 IP completion day if the provision— a comes into force on or after IP completion 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 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 which comes into force before IP completion day , on or after IP completion 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 IP completion day if the provision— a comes into force on or after IP completion 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 in 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 IP completion day , on or after IP completion 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 apply to the making, confirming or approving before IP completion day of any subordinate legislation if the legislation— a comes into force on or after IP completion 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 which 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 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. 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 IP completion day of any subordinate legislation if the legislation— a comes into force on or after IP completion 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 breach of the restriction in that subsection, so far as relating to retained EU law, when the legislation comes into force if— i the making, confirming or approving had occurred at that 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. 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 IP completion day of any subordinate legislation if the legislation— a comes into force on or after IP completion day , and b is 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 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 the regulations were in force at that time. 9 For 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, come into force on IP completion 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 — a the making of regulations before exit day under Part 1A of Schedule 2, or b the making of regulations under— i Part 1B or 1C of Schedule 2, or ii Schedule 4.

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European Union (Withdrawal) Act 2018 · legislation.gov.uk · Retrieved 17 August 2026.

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