The following Commercial Q&A produced in partnership with Kieran Laird, Director and Head of Constitutional Affairs of Gowling WLG provides comprehensive and up to date legal information covering:
EU law takes effect in the UK through the European Communities Act 1972 (ECA 1972). ECA 1972 will be repealed by section 1 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) on ‘exit day’. Exit day is defined in EU(W)A 2018, s 20 as 11 pm on 29 March 2019.
For the purposes of legal continuity, the government wishes to preserve, as far as possible, the legal position which exists immediately before exit day by taking a snapshot of all of the EU law that directly applies in the UK at that point and bringing it within the UK's domestic legal framework as a new category of law—retained EU law.
EU(W)A 2018 also provides powers for the government and devolved legislatures to amend retained EU law through statutory instruments (SIs) to ensure that it operates effectively after Brexit.
An ‘ambulatory reference’ is a reference in a provision which cross-refers to a provision in EU law as it is amended from time to time. It therefore tracks the provision referred to as it changes over time. The ambulatory references which
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