Law Derived from the European Union (Wales) Act 2018 (repealed)
The Law Derived from the European Union (Wales) Act 2018 (repealed) (the Act) was intended to preserve European Union (EU) law covering subjects devolved to Wales on withdrawal of the UK from the EU. The Act enabled the Welsh Ministers to ensure that legislation covering these subjects worked effectively after the UK left the EU.
The Act enabled the Welsh Ministers to legislate to maintain regulatory alignment with the EU, in order to facilitate continued access to the EU market for Welsh businesses. It also created a default position in law whereby the consent of the Welsh Ministers was required before any changes were made by UK Ministers to devolved legislation within the scope of EU law.
The Explanatory Notes to the Act provide detailed commentary on the various provisions.
Coming into force
The Act came into force on the 7 June 2018, which was the day after it received Royal Assent, in accordance with section 21.
Subordinate legislation made under the Act
The Act was repealed by the following Regulations:
| Title | Citation number (Statutory Instruments only) | Made date | Coming into force date | Supporting documents |
| The Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018 | 2018 No. 1211 (W. 247) | 21 November 2018 | 22 November 2018 | Explanatory Memorandum |
Consideration of the legislation by the Senedd
This was a Government Emergency Bill, introduced on 7 March 2018 by Mark Drakeford MS, who was Cabinet Secretary for Finance at the time. An Emergency Bill is a Government Bill that needs to be enacted more quickly than the Senedd’s usual four stage legislative process allows. A definition of an Emergency Bill is not provided in the Government of Wales Act 2006 or in the Senedd’s Standing Orders, however Standing Order 26.95 states that:
“If it appears to a member of the government that an Emergency Bill is required, he or she may by motion propose that a government Bill, to be introduced in the Senedd, be treated as a government Emergency Bill.”
As with all Senedd Cymru Bills, Government Emergency Bills must be within the Senedd’s legislative competence.
More information about the Act is available on the Senedd’s website, including a record of the passage of the Bill through the Senedd and the Explanatory Memorandum that was prepared by the Welsh Government (at introduction of the Bill).
The Act received Royal Assent on 6 June 2018.
Related articles and information:
• Written Statement - Law Derived from the European Union (Wales) Bill (7 March 2018) | GOV.WALES