Part 2: Specific Consequential Provision European Union (Withdrawal) Act 2018
Paragraph 38 introduces a further set of amendments to the EU (Withdrawal) Act 2018.
	Paragraph 39 amends the heading above section 2 of that Act from ‘existing EU law’ to ‘saved EU law at the end of implementation period’.
	Paragraph 40 amends section 7 of that Act, on the status of retained EU law, as follows:
sub-paragraph (1) introduces the amendments to come;
sub-paragraph (2) amends section 7(1) of that Act so that it refers instead to the savings made on exit day by sections 1A(2) and 1B(2) of the revised Act. The amended section 7(1) then clarifies that the ECA and EU-derived legislation will continue as legislation of the same type as they were before exit day;
sub-paragraph (3) inserts new subsection (1A), which clarifies that any EU-derived domestic legislation that is saved by section 2 of the Act will continue as legislation of the same type as it was before IP completion day;
sub-paragraph (4) amends section 7(5) of that Act, which signposts provisions about the status of retained EU law in other provisions of the Act, to reflect other amendments to the Act; and
sub-paragraph (5) amends references to ‘exit day’ to ‘IP completion day’ to reflect that retained direct EU legislation will be retained on IP completion day instead of exit day.
	Sub-paragraphs 41(1) and 41(2) amends the heading before section 10 of the EU (Withdrawal) Act 2018, whilst sub-paragraph 41(3) amends section 10 to protect the Belfast (Good Friday) Agreement 1998 without reference to its definition in section 98 of the Northern Ireland Act 1998.
	Paragraph 42 amends the heading and text for section 11 of the EU (Withdrawal) Act 2018, in consequence of the devolved authorities being granted corresponding powers to sections 8B, and 8C and the repeal of section 9.
	Paragraph 43 changes the heading in section 13 to reflect the insertion of new section 13A. Paragraph 43 changes the heading at section 13 from ‘approval of outcome of EU negotiations’ to ‘oversight of withdrawal’.
	Paragraph 44 amends section 20 of the EU (Withdrawal) Act 2018:
paragraph 44(1) introduces the amendments to that section;
paragraph 44(2) amends section (20)(1):
paragraph 44(2)(a) inserts a definition of ‘Commons sitting day’;
paragraph 44(2)(b) amends the definition of ‘domestic law’, so that the references in new section 7A and 7B refer to the law of England and Wales, Scotland and Northern Ireland;
paragraph 44(2)(c) amends the definition of ‘enactment’ so that references to this in new section 1B of the EU (Withdrawal) Act 2018 will not include retained direct EU legislation;
paragraph 44(2)(d) inserts a definition of ‘Joint Committee’ and ‘Lords sitting day’;
paragraph 44(2)(e) inserts a definition of ‘ratify’;
paragraph 44(2)(f) amends the definition of ‘retained direct EU legislation’ so that it refers to IP completion day rather than exit day;
paragraph 44(2)(g) amends the definition of ‘subordinate legislation’, so that it refers to IP completion day rather than exit day; and
paragraph 44(2)(h) removes the definition of the Withdrawal Agreement currently in that section of the EU (Withdrawal) Act 2018.
Paragraph 44(3) inserts a new subsection 5A into section 20 of that Act. New subsection 5A(a) makes clear that any references to anything that continues to be law by virtue of section 1B(2) (the saving of EU-derived domestic legislation for the implementation period) includes modifications to that legislation from time to time. Subsection 5A also acknowledges that some of the legislation ‘saved’ by new section 1B would survive repeal of the ECA and withdrawal from the EU in any event. Subsection 5A(b) provides that references in the Act to things which continue to be domestic law, includes things which would have continued to exist regardless of the saving in new section 1B(2). This makes clear that it is not necessary to consider whether an enactment might have been subject to implied repeal or revocation on exit day, in order to bring it within the ambit of new section 1B(2).
Paragraph 44(4) amends section 20(6) of the EU (Withdrawal) Act 2018 so as to amend the reference to ‘exit day’ in that section to read ‘IP completion day’. This makes clear that it is not necessary to consider whether an enactment might have been subject to implied repeal or revocation on IP completion day, to bring it within the ambit of section 2 of the Act and the definition of ‘retained EU law’.
	Paragraph 45 amends section 21(1) (index of defined expressions) of the EU (Withdrawal) Act 2018. Section 21 lists various expressions used throughout the Act and the corresponding provision at which their meaning is located. For ease of reference, the index also includes pointers to certain provisions in the Interpretation Act 1978 (i.e. those which are restated by the Act). The Interpretation Act 1978 contains other definitions which are also relevant to the Act. Paragraph 45 amends the index at section 21 to include the new definitions in the amended Act and the corresponding provision at which their meaning is located.
	Paragraph 46 amends section 23 of the EU (Withdrawal) Act 2018 on consequential and transitional provisions:
paragraph 46(1) introduces the amendments;
paragraph 46(2) amends section 23(3) so to provide that Ministers cannot make consequential provision which amends primary legislation (or secondary legislation made under that primary legislation) passed after IP completion day;
paragraph 46(3) amends section 23(4) to make clear that the temporary power in subsection (1) can only be used for up to ten years after IP completion day as it expires at that point;
paragraph 46(4) amends section 23(6) so that the transitional, transitory and savings power can make provision in connection with the coming into force date of any provision of the Act including its operation in connection with IP completion day.
	Paragraph 47 amends Schedule 4 (powers in connection with fees and charges):
paragraph 47(1) introduces the amendments to Schedule 4;
paragraph 47(2) amends paragraph 1(1) of Schedule 4 to remove the power to provide for fees and charges in relation to section 9 and Part 2 of Schedule 2 to the EU (Withdrawal) Act 2018 which are repealed.
paragraph 47(3) amends paragraph 5(1) of Schedule 4 to provide that the temporary power in paragraph 1 of Schedule 4 (the power to provide for fees or charges) can only be used for up to two years after IP completion day, instead of exit day. It will expire at that point;
paragraph 47(4) makes further provision consequential on the repeal of section 9;
paragraph 47(5) amends paragraph 8(a) to explain that an appropriate authority (means a Minister of Crown or devolved authority) is defined as one that could have made a modification under the ECA prior to IP completion day, instead of exit day; and
paragraph 47(6) makes further provision consequential on the repeal of section 9;
	Paragraph 48 amends Schedule 5 (publication and rules of evidence):
paragraph 48(1) introduces the amendments to Schedule 5;
paragraph 48(2) substitutes ‘IP completion day’ for all references to ‘exit day’ in Schedule 5, paragraphs 1(1)(a), 5(a) and (b) and 2(1). This ensures that the Queen’s Printer will have various duties and powers conferred upon it, to ensure that retained EU law is made accessible, and published, after IP completion day;
paragraph 48(3) amends paragraph 3 of Schedule 5:
paragraph 48(3)(a) amends paragraph 3(1) of Schedule 5, so that to the extent that determining the meaning or effect of EU law is necessary for any legal proceedings (including for the purpose of interpreting retained EU law and the Agreements), judges will determine the meaning or effect themselves as a question of law, rather than treat it is a question of fact; and
paragraph 48(3)(b) omits the definition of ‘interpreting retained EU law’ from paragraph 3(2) of Schedule 5 to correspond with the change to paragraph 3(1).
paragraph 48(4) amends paragraph 4 of Schedule 5:
paragraph 48(4)(a) amends sub-paragraph (4) to enable regulations providing for evidential rules to modify legislation which is passed or made before IP completion day;
paragraph 48(4)(b) amends sub-paragraph (5):
paragraph 48(4)(b)(i) inserts the Agreements into definition of a ‘relevant matter’ in respect of which regulations can be made under this paragraph; and
paragraph 48(4)(b)(ii) makes sure that anything specified in the regulations that relates to the Agreement is also included in the definition of ‘relevant matter’.
	Paragraph 49 amends Schedule 6 of the EU (Withdrawal) Act 2018 (Instruments which are exempt EU instruments):
paragraph 49(1) introduces the amendments to Schedule 6;
paragraph 49(2) removes paragraphs 1(1), 2 and 4 from inclusion in Schedule 6. These paragraphs set out which EU instruments are ‘exempt’ under the preservation of direct EU legislation in section 3 of the EU (Withdrawal) Act 2018. These exemptions are no longer necessary. These EU instruments will not be preserved under the amended section 3 which will be limited to EU instruments which are applicable to and in the UK at the end of the implementation period; and
paragraph 49(3) amends paragraph 3 of Schedule 6, by omitting "or EU regulation" in paragraph 3(b) of Schedule 6 and omitting paragraph 3(b) (which concerns EU directive which is not applicable to the UK immediately before exit day) as these exclusions are no longer needed.
	Paragraph 50 amends paragraph 2(17) in Part 1 of Schedule 7 of the EU (Withdrawal) Act 2018 to bring into the scope of that paragraph sub-paragraph (16) of paragraph 2 of Schedule 7.
	Paragraph 51 amends Part 1 of Schedule 7 to insert the scrutiny procedures for powers that will be inserted into the EU (Withdrawal Act) 2018.