The following Public Law Q&A produced in partnership with Michael Bimmler of No 5 Chambers provides comprehensive and up to date legal information covering:
Sections 2 to 7 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), make provision for the retention of existing EU law in domestic law after the end of the Brexit transition/implementation period (IP completion day), namely:
EU-derived domestic legislation, including legislation that implements EU directives (see EU(W)A 2018, s 2)
direct EU legislation, such as Regulations, Decisions and other EU tertiary legislation (see EU(W)A 2018, s 3)
certain rights, powers, etc. available under section 2(1) of the European Communities Act 1972 (see ECA 1972) (EU(W)A 2018, s 4)
EU directives are not themselves retained by EU(W)A 2018—EU directives are not within the scope of retained EU law. However, UK domestic legislation that implements EU directives is within the scope of retained EU law.
Moreover, by EU(W)A 201
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