9 Scope of powers

Modification of retained EU law

9  Scope of powers

(1)     Part 1 of Schedule 8 to the European Union (Withdrawal) Act 2018 (general consequential provision) is amended as specified in subsections (2) to (7).

(2)     In paragraph 3 (existing powers to make subordinate legislation etc: modifications)—

(a)     in sub-paragraph (1) omit paragraph (b) (and the “and” immediately before it);

(b)     omit sub-paragraph (2).

(3)     In paragraph 4 (procedure for existing powers to make subordinate legislation etc)—

(a)     omit sub-paragraphs (1) to (5);

(b)     before sub-paragraph (6) insert—

“(5A)     Any subordinate legislation which is (or is to be) made, confirmed or approved by virtue of paragraph 3 is subject to the same procedure (if any) before Parliament, the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly as would apply to that legislation if it were amending or revoking an enactment contained in subordinate legislation made under a different power.”;

(c)     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)”;

(d)     omit sub-paragraph (10).

(4)     Omit paragraphs 5 and 6.

(5)     Omit paragraphs 10 and 11 (but not the italic heading before paragraph 10).

(6)

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