Q&As

Many Brexit SIs contain references to exit day, but in light of the implementation period, is there a general provision that says you must read ‘exit day’ as ‘IP completion day’ or will the government need to issue separate correcting legislation?

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Published on LexisPSL on 27/02/2020

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Many Brexit SIs contain references to exit day, but in light of the implementation period, is there a general provision that says you must read ‘exit day’ as ‘IP completion day’ or will the government need to issue separate correcting legislation?
  • Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

Many Brexit SIs contain references to exit day, but in light of the implementation period, is there a general provision that says you must read ‘exit day’ as ‘IP completion day’ or will the government need to issue separate correcting legislation?

We refer you to News Analysis: Brexit Bulletin—key updates, research tips and resources, in particular section: What happens to Brexit SIs during the implementation period?

The UK and the EU reached an agreement on the legal terms of the UK's withdrawal from the EU and the European Atomic Energy Community (Withdrawal Agreement) in October 2019, which was ratified by both parties in January 2020. The European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), provides for the domestic implementation of the Withdrawal Agreement in UK law. The EU Member States did not require specific implementing legislation, as it is assumed that the Withdrawal Agreement has direct effect as an international treaty under EU law.

As noted in the above News Analysis, key provisions of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and associated Brexit-related legislation (including Brexit SIs), are subject to amendments introduced by the EU(WA)A 2020, where required to reflect the transitional arrangements under the Withdrawal Agreement in domestic law. For background reading on the Withdrawal Agreement, see Practice Note: Brexit—introduction to the Withdrawal Agreement.

The transitional arrangements in Part 4 of the Withdrawal Agreement will

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