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Defined terms — European Union (Withdrawal) Act 2018

United Kingdom · ukpga/2018/16 · 966 provisions

90 defined in this instrument, 1 borrowed from other acts.

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1972 Act provision — — provision that is made under section 2(2) of the European Communities Act 1972 and not under section 56 of the Finance Act 1973, including such provision as modified under this Part, or provision that is made under this Part and is incidental to, or supplements or replaces, provision within paragraph (a) Schedule 4, Part 2, paragraph 9(2)
application for international protection — borrowed from another act; this instrument states no meaning of its own Section 17(4)
appropriate authority — a Minister of the Crown, or devolved authority, that could have made the proposed modification— under section 2(2) of the European Communities Act 1972 immediately before IP completion day, or under section 56 of the Finance Act 1973 immediately before the amendment of that section by paragraph 17 of Schedule 8 Schedule 4, Part 2, paragraph 8
assimilated case law — — assimilated domestic case law, and assimilated EU case law Section 6(7)
assimilated direct legislation — any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after IP completion day) Section 20(1)
assimilated direct minor legislation — any assimilated direct legislation which is not assimilated direct principal legislation Section 20(1)
assimilated direct principal legislation — — (as modified by or under this Act or by other domestic law from time to time); any EU regulation so far as it— forms part of domestic law on and after IP completion day by virtue of section 3, and was not EU tertiary legislation immediately before IP completion day, or any Annex to the EEA agreement so far as it— forms part of domestic law on and after IP completion day by virtue of section 3, and refers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a) Section 20(1)
assimilated domestic case law — any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before IP completion day and so far as they— (as those principles and decisions are modified by or under this Act or by other domestic law from time to time); relate to anything to which section 2 or 3 applies, and are not excluded by section 5 or Schedule 1 Section 6(7)
assimilated EU case law — any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before IP completion day and so far as they— (as those principles and decisions are modified by or under this Act or by other domestic law from time to time); relate to anything to which section 2 or 3 applies, and are not excluded by section 5 or Schedule 1 Section 6(7)
assimilated law — anything which, on or after IP completion day, continues to be, or forms part of, domestic law by virtue of section 2 or 3 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time); ... ... ... ... .. Section 6(7)
Charter of Fundamental Rights — the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007 Section 20(1)
Coal and Steel Community — respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities) Schedule 8, Part 2, paragraph 22
Coal and Steel Community — respectively the European Atomic Energy Community, the European Economic Community and the European Coal and Steel Community (but see the definition of “the Communities” for provision as to the construction of references to those Communities) Schedule 8, Part 2, paragraph 35
Commons sitting day — a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day) Section 20(1)
corresponding time — the time when the amending Act, subordinate legislation or devolution legislation was passed or (as the case may be) made Schedule 8, Part 2, paragraph 20(6)
devolution legislation — — an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, Northern Ireland legislation (for the meaning of which see section 24(5)), or an instrument made under anything falling within paragraph (a), (b) or (c) Schedule 8, Part 2, paragraph 20(6)
devolved authority — — the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department Section 20(1)
direct EU legislation — — any EU regulation, EU decision or EU tertiary legislation, as it has effect in EU law immediately before IP completion day and so far as— it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, it neither has effect nor is to have effect by virtue of section 7A or 7B, it is not an exempt EU instrument (for which see section 20(1) and Schedule 6), and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . its effect is not reproduced in an enactment to which section 2(1) applies, any Annex to the EEA agreement, as it has effect in EU law immediately before IP completion day and so far as— it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, it neither has effect nor is to have effect by virtue of section 7A or 7B, it refers to, or contains adaptations of, anything falling within paragraph (a), and its effect is not reproduced in an enactment to which section 2(1) applies, or Protocol 1 to the EEA agreement (which contains horizontal adaptations that apply in relation to EU instruments referred to in the Annexes to that agreement), as it has effect in EU law immediately before IP completion… Section 3(2)
domestic enactment — an enactment other than one consisting of assimilated direct legislation Section 5(8)
domestic law — — in sections 3, 7A and 7B, the law of England and Wales, Scotland and Northern Ireland, and in any other case, the law of England and Wales, Scotland or Northern Ireland Section 20(1)
EEA agreement — 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. [8 January 2007] “EEA state”, in relation to a time, means— a state which at that time is a member State, or any other state which at that time is a party to the EEA agreement. [8 January 2007] Schedule 8, Part 2, paragraph 22
enactment — an enactment whenever passed or made and includes— an enactment contained in any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act, an enactment contained in any Order in Council made in exercise of Her Majesty's Prerogative, an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, an enactment contained in, or in an instrument made under, Northern Ireland legislation, an enactment contained in any instrument made 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 Northern Ireland, the deputy First Minister in Northern Ireland or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty, an enactment contained in, or in an instrument made under, a Measure of the Church Assembly or of the General Synod of the Church of England, and except in… Section 20(1)
Entry date — 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 Schedule 8, Part 2, paragraph 22
Entry date — 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 Schedule 8, Part 2, paragraph 35
equalities legislation — the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts Schedule 7, Part 3, paragraph 28(12)
equalities legislation — the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts Schedule 7, Part 3, paragraph 29(10)
EU decision — — a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or a decision under former Article 34(2)(c) of the Treaty on European Union Section 20(1)
EU directive — a directive within the meaning of Article 288 of the Treaty on the Functioning of the European Union Section 20(1)
EU entity — an EU institution or any office, body or agency of the EU Section 20(1)
EU institution — any institution of the EU Schedule 8, Part 2, paragraph 22
EU institution — any institution of the EU Schedule 8, Part 2, paragraph 35
EU instrument — any instrument issued by an EU institution other than any retained direct EU legislation. “Euratom”, “Economic Community” and Schedule 8, Part 2, paragraph 22
EU instrument — any instrument issued by an EU institution other than any retained direct EU legislation (within the meaning of the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act)). “Euratom”, “Economic Community” and Schedule 8, Part 2, paragraph 35
EU legislation — — any amendment to the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty or the EEA agreement, any EU directive, or any EU regulation or EU decision which is not EU tertiary legislation Section 13A(5)
EU reference — — any reference to the EU, an EU entity or a member State, any reference to an EU directive or any other EU law, or any other reference which relates to the EU Section 20(1)
EU regulation — a regulation within the meaning of Article 288 of the Treaty on the Functioning of the European Union Section 20(1)
EU tertiary legislation — — but does not include any such provision or measure which is an EU directive; any provision made under— by virtue of Article 290 or 291(2) of the Treaty on the Functioning of the European Union or former Article 202 of the Treaty establishing the European Community, or an EU regulation, a decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, or an EU directive, any measure adopted in accordance with former Article 34(2)(c) of the Treaty on European Union to implement decisions under former Article 34(2)(c) Section 20(1)
EU-derived domestic legislation — any enactment so far as— but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020. made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972, passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, relating to— anything which falls within paragraph (a) or (b), or any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or relating otherwise to the EU or the EEA Section 1B(7)
Euratom Treaty — the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957 Schedule 8, Part 2, paragraph 22
Euratom Treaty — the Treaty establishing the European Atomic Energy Community, signed at Rome on 25 March 1957 Schedule 8, Part 2, paragraph 35
European Court — the Court of Justice of the European Union. “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). “Member”, in the expression “member State”, refers to membership of the EU. “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) Schedule 8, Part 2, paragraph 22
European Court — the Court of Justice of the European Union. “Member”, in the expression “member State”, refers to membership of the EU. “The Treaties” or Schedule 8, Part 2, paragraph 35
exempt EU instrument — anything which is an exempt EU instrument by virtue of Schedule 6 Section 20(1)
exit day — 31 January 2020 at 11.00 p.m. (and see subsections (2) to (5)); “future relationship agreement” has the same meaning as in the European Union (Future Relationship) Act 2020 (see section 37 of that Act) Section 20(1)
former EU obligation — an obligation by which the United Kingdom is, as a result of the United Kingdom's withdrawal from the EU, no longer bound at the time of the review Schedule 8, Part 1, paragraph 9(2)
Joint Committee — the Joint Committee established by Article 164(1) of the withdrawal agreement Section 20(1)
Lords sitting day — a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day); “member State” (except in the definitions of “direct EU legislation” and “EU reference”) does not include the United Kingdom; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for Her Majesty's Revenue and Customs; “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly) Section 20(1)
Northern Ireland devolved authority — the First Minister and deputy First Minister in Northern Ireland acting jointly, a Northern Ireland Minister or a Northern Ireland department Section 20(1)
pre-IP completion day enactment — an Act passed, or subordinate legislation made, before IP completion day; “subordinate legislation” does not include an instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales Schedule 8, Part 1, paragraph 9(2)
primary legislation — — an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation Section 20(1)
public authority — a public authority within the meaning of section 6 of the Human Rights Act 1998; “ratify”, whether in relation to the withdrawal agreement or otherwise, has the same meaning as it does for the purposes of Part 2 of the Constitutional Reform and Governance Act 2010 in relation to a treaty (see section 25 of that Act) Section 20(1)
relevant criminal offence — an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions); ... “retrospective provision”, in relation to provision made by regulations, means provision taking effect from a date earlier than the date on which the regulations are made Section 20(1)
relevant devolved legislature — — 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, the National Assembly for Wales, and in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly Schedule 7, Part 1, paragraph 2(15)
relevant devolved legislature — — 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, the National Assembly for Wales, and in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly Schedule 7, Part 1A, paragraph 8C(15)
relevant devolved legislature — — 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, the National Assembly for Wales, and in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly Schedule 7, Part 1A, paragraph 8E(15)
relevant devolved legislature — — 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, the National Assembly for Wales, and in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly Schedule 7, Part 1A, paragraph 8G(15)
relevant instrument — — an EU regulation, an EU decision, and EU tertiary legislation Schedule 5, Part 1, paragraph 1(2)
relevant international agreements — — the Treaty on European Union, the Treaty on the Functioning of the European Union, the Euratom Treaty, and the EEA agreement Schedule 5, Part 1, paragraph 1(2)
relevant modification — any modification in EU law which— is to form part of domestic law by virtue of section 3 or forms part of domestic law by virtue of section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020, and 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 sub-paragraph (3)(b); “treaty” includes any international agreement (and any protocol or annex to a treaty or international agreement) Schedule 8, Part 1, paragraph 2A(7)
relevant separation agreement law — — as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time. any of the following provisions or anything which is domestic law by virtue of any of them— section 7A, 7B, 8B or 8C or Part 1B or 1C of Schedule 2 or this section, or Part 3, or section 20, of the European Union (Withdrawal Agreement) Act 2020 (citizens' rights and financial provision), or anything not falling within paragraph (a) so far as it is domestic law for the purposes of, or otherwise within the scope of— the withdrawal agreement (other than Part 4 of that agreement), the EEA EFTA separation agreement, or the Swiss citizens' rights agreement Section 7C(3)
relevant sub-delegated power — a power to legislate which— is not exercisable by any of the following— statutory instrument, Scottish statutory instrument, or statutory rule, or is so exercisable by a public authority other than a relevant UK authority Schedule 7, Part 3, paragraph 30(7)
relevant sub-delegated power — a power to legislate which— is not exercisable by Scottish statutory instrument, or is so exercisable by a public authority other than a member of the Scottish Government Schedule 7, Part 3, paragraph 31(6)
relevant territory — the Isle of Man, any of the Channel Islands or Gibraltar Section 1A(4)
relevant UK authority — a Minister of the Crown, a member of the Scottish Government, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a Northern Ireland devolved authority Schedule 7, Part 3, paragraph 30(7)
relevant year — — in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and in any other case, the calendar year Schedule 7, Part 3, paragraph 32(3)
relevant year — — in the case of a person who prepares an annual report, the year by reference to which the report is prepared, and in any other case, the calendar year Schedule 7, Part 3, paragraph 33(3)
reporting period — — the period of one year beginning with the day on which IP completion day falls, and each subsequent year Section 13B(6)
Retained EU obligation — an obligation that— as modified from time to time. was created or arose by or under the EU Treaties before exit day, and forms part of retained EU law, “The Treaties” or Schedule 8, Part 2, paragraph 22
subordinate legislation — — and (except in section 7 or Schedule 2 or where there is a contrary intention) includes any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made on or after IP completion day under any assimilated direct legislation; any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under any Act, or any instrument made under an Act of the Scottish Parliament, Northern Ireland legislation or a Measure or Act of the National Assembly for Wales Section 20(1)
the 14 day period — — in relation to the House of Commons, the period of 14 Commons sitting days, and in relation to the House of Lords, the period of 14 Lords sitting days Section 13B(6)
the appointed day — 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 Schedule 8, Part 4, paragraph 44(2)
The Communities — 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 Schedule 8, Part 2, paragraph 22
The Communities — 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 Schedule 8, Part 2, paragraph 35
the EEA — the European Economic Area Section 20(1)
the EU Select Committee of the House of Lords — the Select Committee of the House of Lords known as the EU Select Committee or any successor of that committee Section 13A(5)
the EU Treaties — the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day Schedule 8, Part 2, paragraph 22
the EU Treaties — the Treaties or EU Treaties, within the meaning given by section 1(2) of the European Communities Act 1972 as that Act had effect immediately before its repeal by section 1 of the European Union (Withdrawal) Act 2018, as at immediately before exit day (within the meaning of that Act (see section 20(1) to (5) of that Act)) Schedule 8, Part 2, paragraph 35
the European Scrutiny Select Committee of the House of Commons — the Select Committee of the House of Commons known as the European Scrutiny Select Committee or any successor of that committee Section 13A(5)
the European Union — the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom Schedule 8, Part 2, paragraph 22
the European Union — the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992 (as amended by any later Treaty); and includes, so far as the context permits or requires, Euratom Schedule 8, Part 2, paragraph 35
the implementation period — the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day; “IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act); “withdrawal agreement” has the same meaning as in that Act (see section 39(1) and (6) of that Act) Section 1A(6)
the relevant authority — — in the case of a Scottish statutory instrument which is not made by the Scottish Ministers, other than an Order in Council, the person who makes, or is to make, the instrument, and in any other case, the Scottish Ministers Schedule 8, Part 1, paragraph 16(8)
the relevant EEA states — Norway, Iceland and Liechtenstein Section 7B(5)
the relevant Minister — the Minister of the Crown who makes, or is to make, the instrument Schedule 7, Part 3, paragraph 28(12)
the relevant Minister — the Minister of the Crown who makes, or is to make, the instrument Schedule 7, Part 3, paragraph 30(7)
the relevant period — 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 Schedule 7, Part 1, paragraph 3(10)
the relevant period — 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 of Parliament 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 Schedule 7, Part 2, paragraph 17(10)
the relevant provision — section 5(A2)(b) of this Act or section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 (as the case may be) Section 6D(5)
the Treaties — the Treaty on European Union and the Treaty on the Functioning of the European Union Section 20(5)
tribunal — any tribunal in which legal proceedings may be brought; “Wales” and “Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158 of that Act); .. Section 20(1)
unaccompanied child — a person under the age of 18 (“the child”) who is not in the care of a person who— is aged 18 or over, and by law or custom of the country or territory in which the child is present, has responsibility for caring for the child Section 17(4)