^F11 Agreement on European Economic Area.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Consistent application of law to whole of EEA. _cross-notes

(1) Where—

(a) the operation of any relevant enactment is limited (expressly or by implication) by reference to the [^F2 European Union ^F2] or by reference to some connection with the [^F2 European Union ^F2] , and

(b) the enactment relates to a matter to which the Agreement (as it has effect on the date on which it comes into force) relates,

then, unless the context otherwise requires, the enactment shall have effect on and after that date in relation to that matter with the substitution of a corresponding limitation relating to the European Economic Area (or, where appropriate, to both the [^F2 European Union ^F2] and the European Economic Area).

(2) Subsection (1) above shall have effect—

(a) subject to the Schedule to this Act, and

(b) subject to such exceptions and modifications as may be prescribed by regulations made by a Minister of the Crown.

(3) Subsection (1) above shall not be regarded—

(a) ^F5 as having an effect which is inconsistent with the operation, by virtue of the Agreement, of section 2(1) of the 1972 Act[^F3 as at immediately before [^F4 IP completion day ^F4,F3]] , ...

^F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any instrument made for such a purpose under section 2(2) of the 1972 Act or under any other enactment may exclude the operation of subsection (1) above.

[^F6 (3A) This section is subject to any amendment, repeal, revocation or other modification of [^F7 assimilated ^F7] law on or after [^F8 exit day ^F8] . ^F6]

^F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section (and in the Schedule to this Act) “ relevant enactment ” means a provision of an Act passed, or of any subordinate legislation made, before the date on which the Agreement comes into force.

3 General implementation of Agreement. _cross-notes

(1) Subject to section 2 above, where by virtue of the Agreement (as it has effect on the date on which it comes into force) it is necessary for a purpose mentioned in section 2(2)(a) or (b) of the 1972 Act that any relevant provision should have effect with modifications which can be ascertained from the Agreement, then on and after that date the provision shall have effect with those modifications.

(2) A Minister of the Crown may by regulations modify or exclude the operation of subsection (1) above in relation to a relevant provision where it appears to him appropriate to do so because of the suspension of any part of the Agreement in accordance with the terms of the Agreement.

(3) Subsection (1) above shall not be regarded—

(a) ^F12 as providing for modifications the effect of which is achieved through the operation, by virtue of the Agreement, of section 2(1) of the 1972 Act[^F10 as at immediately before [^F11 IP completion day ^F11,F10]] , ...

^F12 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and any instrument made for such a purpose under section 2(2) of the 1972 Act or under any other enactment may exclude the operation of subsection (1) above.

(4) Subsection (1) above shall not apply so as to require a modification if that modification, or a corresponding modification limited so as to relate only to the [^F2 European Union ^F2] ,—

(a) could have been made, by Act passed before the date on which the Agreement comes into force, for a purpose mentioned in section 2(2)(a) or (b) of the 1972 Act, but

(b) was not made (by that or other means).

[^F13 (4A) This section is subject to any amendment, repeal, revocation or other modification of [^F14 assimilated ^F14] law on or after [^F15 IP completion day ^F15] . ^F13]

(5) In this section “ relevant provision ” means—

(a) a provision of an Act passed, or of any subordinate legislation made, before the date on which the Agreement comes into force;

(b) a provision of any other instrument made before that date by a person as against whom the effect of a directive issued by [^F16 an ^F16][^F16 EU ^F16] institution (if such a directive were relevant) might be relied upon in proceedings to which he was a party.

^F174 Amendment of 1972 Act s.3.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Regulations.

The power to make regulations under section 2(2) or section 3(2) above shall be exercisable by statutory instrument; and any statutory instrument containing such regulations, if made without a draft having been approved by resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

6 Interpretation.

(1) In this Act, except where the context otherwise requires,—

• ^M1 “ the 1972 Act ” means the European Communities Act 1972[^F18 (before [^F19 it ceases to have effect by virtue of section 1A(5) ^F19] of the European Union (Withdrawal) Act 2018) ^F18] ;

• “ Act ” includes an Act of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly;

• “ the Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

• “ Minister of the Crown ” includes the Treasury;

• “ subordinate legislation ” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made under any Act.

(2) References in this Act to the date on which the Agreement comes into force are references to the date on which (in accordance with the Protocol signed at Brussels on 17th March 1993) it comes into force otherwise than as regards Liechtenstein.

7 Short title.

This Act may be cited as the European Economic Area Act 1993.

Section 2.

SCHEDULE Limitations on application of section 2(1)

1 Section 2(1) of this Act shall not apply to a relevant enactment by reason only that it refers to, or to a provision of, one of the Treaties or [^F16 an ^F16][^F16 EU ^F16] instrument.

2 In the case of a relevant enactment the operation of which is limited by reference to [^F16 an ^F16][^F16 EU ^F16] institution, section 2(1) of this Act shall not be construed as requiring the substitution of a limitation relating to the EFTA Surveillance Authority or the EFTA Court.

3 Section 2(1) of this Act shall not apply in relation to the following instruments:—

(a) ^M2the Education (Fees and Awards) Regulations 1983;

(b) ^M3the Education (Fees and Awards) (Scotland) Regulations 1983;

(c) ^M4the Education Authority Bursaries (Scotland) Regulations 1988;

(d) ^M5the Students’ Allowances (Scotland) Regulations 1991;

^F20 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F20 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) ^M6the Education (Student Loans) Regulations 1992;

(h) ^M7the Education (Mandatory Awards) Regulations 1992;

(i) ^M8 the Education (Student Loans) Regulations (Northern Ireland) 1992;

(j) ^M9 the Students Awards Regulations (Northern Ireland) 1992.