Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019

PART 15

Miscellaneous

Interpretation of reference to Member State in enactments in certain circumstances

98. (1) Where, immediately before the coming into operation of this Part, a reference in an enactment to a Member State included a reference to the United Kingdom by virtue of that state being a Member State of the European Communities or of the European Union, then, on the coming into operation of this Part, the reference in the enactment shall, in so far as is necessary to give effect to the terms of a withdrawal agreement, continue to include a reference to the United Kingdom.

(2) A reference to a Member State in an enactment that comes into operation at the same time as, or at any time after, the coming into operation of this Part shall, in so far as is necessary to give effect to the terms of a withdrawal agreement, include a reference to the United Kingdom.

(3) Subsection (1) applies whether the enactment concerned came into operation before, on the same day as or after the commencement of the Act of 2005.

(4) Subsections (1) and (2) apply notwithstanding section 21(2) of, and Part 2 of the Schedule to, the Act of 2005 in so far as they relate to the meaning thereby assigned to “Member State”.

(5) In this section—

“Act of 2005” means the Interpretation Act 2005 ;

“enactment” has the same meaning as it has in the Act of 2005;

“withdrawal agreement” means an agreement concluded under Article 50 of the Treaty on European Union between the United Kingdom on the one part and the European Union on the other part setting out the arrangements for the withdrawal of the United Kingdom from membership of the European Union.