Commentary on provisions of Act Section 2: Interpretation and status
Section 2 sets out the rules for interpreting retained EU law governing CAP direct payment schemes in the domestic courts and makes provision about the status of that law. This section applies the relevant provisions of the 2018 Act with modifications for the purposes of this Act.
	Subsection (1) applies the law within the 2018 Act governing the interpretation of retained EU law (set out in section 6 of that Act) for the purposes of this Act in respect of the retained EU law incorporated by Section 1(1).
	Subsection (2) applies section 6 of the 2018 Act but with modifications to certain expressions in that section. The modifications applied are those set out in subsections (5) and (6).
	Subsection (3) sets out the status of retained EU law for the purposes of this Act. It applies section 7(2) and (3) of, and specified paragraphs in Schedule 8 to, the 2018 Act but with modifications for the purposes of retained EU law incorporated under section 1(1) of this Act. Section 7(2) and (3) of the 2018 Act restrict the way in which retained EU law can be amended by primary and subordinate legislation. Paragraphs 3-8 of Schedule 8 to that Act set out how existing powers relating to subordinate legislation may operate on retained EU law and paragraphs 10-12 of Schedule 8 to that Act deals with how future power would operate on retained EU law.
	Subsection (4) specifies that the modifications mentioned in subsection (3) are those listed in the table in subsection (5).
	Subsection (5) lists a number of modifications to phrases used within the 2018 Act. Therefore those provisions are to be read as excluding the words in the left hand column and instead replacing it with the words in the right hand column.
	Subsection (6) provides that, for the purposes of subsection (1) of this section, the definitions applied in section 6(7) of the 2018 Act are modified to apply for the purposes of this Act.
	Subsection (7) provides that, when interpreting subordinate legislation which is both retained EU law incorporated by section 1(1) of this Act and retained EU law under section 6 of the 2018 Act, section 6 of the 2018 Act will apply with modifications made under this section but only insofar as it relates to the CAP direct payment schemes.
	Subsection (8) defines the status of legislation listed in section 1 of this Act for the purposes of the Human Rights Act 1998.
	Subsection (9) provides that certain terms within subsection (8) are to be interpreted as they are defined in the Human Rights Act 1998.
	Subsection (10) defines terminology used under this section.
	Subsection (11) ensures that provisions that are not yet in force and any amendments made to the European Union (Withdrawal Agreement) Act 2020 will come into force at the same time as this section comes into force.