Q&As

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

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Produced in partnership with Eleonor Duhs of Fieldfisher and Louise Laing of Brodies LLP , Fieldfisher Counsel for EU and International Law, House of Commons
Published on LexisPSL on 12/01/2021

The following Public Law Q&A produced in partnership with Eleonor Duhs of Fieldfisher and Louise Laing of Brodies LLP, FieldfisherCounsel for EU and International Law, House of Commons provides comprehensive and up to date legal information covering:

  • How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?
  • Background to the EU-UK Trade and Cooperation Agreement
  • How is the TCA implemented in UK law?
  • Provision on the face of EU(FR)A 2020
  • Amendments to existing legislation under EU(FR)A 2020
  • Implementing powers conferred by EU(FR)A 2020
  • General implementation under EU(FR)A 2020
  • What provision is made for interpretation of the TCA?
  • What is the recommended approach?
  • Further reading

How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

This answer refers to the provisions for implementation of the EU-UK Trade and Cooperation Agreement (TCA), and associated agreements, under Part 3 of the European Union (Future Relationship) Act 2020 (EU(FR)A 2020), which entered into force on IP completion day.

Background to the EU-UK Trade and Cooperation Agreement

The UK and EU announced an agreement in principle on the legal terms of their future relationship on 24 December 2020. The text of the TCA and associated agreements were published in draft on 26 December 2020. For background reading, see:

  1. Brexit Bulletin—UK and EU announce new Trade and Cooperation Agreement, LNB News 24/12/2020 76

  2. Brexit Bulletin—Draft EU-UK Trade and Cooperation Agreement published, LNB News 28/12/2020 12

It was agreed that the TCA would be provisionally applied from 1 January 2021, provided that both parties completed the necessary internal requirements and notified each other that this had been done. On the EU side, the Council adopted a decision authorising signature and provisional application of the TCA on 29 December 2020. On the UK side, an Act of Parliament was needed in order for the UK to be in a position to apply the TCA provisionally. A Bill was published on 29 December 2020. For background reading, see:

  1. Brexit Bulletin—Council decision

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