What are the key features of a Brexit SI?

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Published on LexisPSL on 30/01/2019

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

  • What are the key features of a Brexit SI?
  • Brexit SIs made under the European Union (Withdrawal) Act 2018
  • Brexit SIs made under other enabling legislation
  • Brexit SIs subject to the sifting process
  • Correcting mistakes in Brexit SIs
  • Policy changes
  • Tracking Brexit legislation
  • Setting up Brexit alerts
  • Spotting different types of Brexit SI
  • Exit day
  • More...

As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and secondary legislation, including a significant volume of Brexit-related statutory instruments (Brexit SIs). Both primary and secondary legislation is required for various purposes in connection with Brexit, eg to:

  1. amend provisions of EU-derived UK legislation and direct EU legislation the UK plans to preserve in domestic law after Brexit (retained EU law), which requires correction in anticipation of Brexit (so that it can operate effectively as part of UK law after Brexit)

  2. implement new and revised domestic policy required as a result of Brexit (eg in areas such as immigration, tax, trade, nuclear and environmental policy), and also

  3. reflect provisions of any Brexit-related international agreements enacted in UK law (including the Withdrawal Agreement)

Brexit SIs made under the European Union (Withdrawal) Act 2018

The government is using its legislative powers under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and other primary legislation, to introduce hundreds of Brexit SIs across a wide range of policy areas in advance of exit day. The powers delegated under EU(W)A 2018 can be used to introduce Brexit SIs in advance of exit day for various purposes, including to correct legal ‘deficiencies’ expected to arise in domestic law in consequence of Brexit and the repeal of the European Communities Act 1972 (ECA 1972), and

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