Local Authority News & Regulatory Weekly Updates – 22nd October

Local Authority News & Regulatory Weekly Updates – 22nd October

In this issue:

LexTalk®Local Government: a Lexis®PSL community


Brexit Bulletin—government opts to extend power to depart from retained EU case law to Court of Appeal

The government has published its response to theMinistry of Justice (MoJ) consultation on proposed changes to therules governing thedeparture from retained EU case law by UK courts and tribunals after IP completion day. The consultation outlined government proposals for exercising powers introduced into the European Union (Withdrawal) Act 2018 (EU(W)A 2018) by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), to introduce regulations designating additional courts and tribunals with thepower to depart from retained EU case law. Under theoriginal provisions, only theUK Supreme Court (and in some cases theHigh Court of Justiciary in Scotland) have such powers. Despite concern within thelegal services sector, legal academics, businesses and other organisations (representing over 50% of therespondents), thegovernment is proceeding with regulations extending thepowers to depart from retained EU case law to theCourt of Appeal and its equivalents. The government’s aim is to allow retained EU case law to evolve at a faster rate, without overburdening theSupreme Court and High Court of Justiciary. To this end, a draft Brexit SI was laid in Parliament as theconsultation outcome was issued. Professor Adam Cygan, of theUniversity of Leicester, and Sally Shorthose, partner at Bird & Bird, comment on theoutcome.

See: LNB News 15/10/2020 101.

Brexit—briefing on Citizens’ rights regulations published

The House of Lords Library has published a briefing on thethree Citizens’ rights regulations, which are due to be debated in theHouse of Lords on 22 October 2020. The draft regulations are subject to thedraft affirmative procedure, and would be made under powers conferred by

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