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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the rules of taking of evidence as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. It considers whether the implementation period can be extended, whether the taking of evidence regime under Regulation (EC) 1206/2001, the Taking of Evidence Regulation applies during the implementation period, as well as the position after the implementation period. Definitions This Practice Note using a number of definitions: • European Union (Withdrawal) Act 2018—EU(W)A 2018 • European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020 • exit day—is defined in EU(W)A 2018, s 20 • implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’ • IP completion day—is defined in EU(WA)A 2020, s 39 • Joint Committee—is defined in Article 164(1) of the Withdrawal Agreement • Withdrawal Agreement—is
NEWS
Arbitration analysis: Dispute resolution practice faces a mixture of restriction and opportunity in the wake of Brexit, with freedom of movement concerns likely hindering the UK’s need to develop its cadre of international trade lawyers. Laura Rees-Evans of Fietta, a law firm dedicated to public international law and international arbitration, assesses where change will be felt most keenly.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK primary legislation introduced as part of the legislative preparation for the UK’s withdrawal from the EU during the 2017–19 Parliament. As a result of the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills progressing through Parliament which had not yet received Royal Assent fell away namely: • Agriculture Bill • Financial Services (Implementation of Legislation) Bill [HL] • Fisheries Bill • Immigration and Social Security Co-ordination (EU Withdrawal) Bill • Trade Bill For further reading see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64. Quick links Click on the links below to jump to the relevant section or tracker: Central tracker Click on the links below to redirect to our central Brexit legislation tracker and Brexit SI database: • Brexit legislation tracker [Archived] • Brexit SI database Practice area trackers Click on the links below to redirect to trackers covering Brexit legislation in specific practice areas: • Commercial • Corporate Crime • Dispute Resolution • Employment
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK primary legislation introduced as part of the legislative preparation for the UK’s withdrawal from the EU during the 2019 Parliament. The Early Parliamentary General Election Act 2019 received Royal Assent on 31 October 2019, fixing a general election on 12 December 2019. Under the procedural rules, Parliament is dissolved just after midnight 25 working days before a general election. Parliament was dissolved on 6 November 2019, just three weeks and two days after the Queen’s Speech in October 2019. All parliamentary business, including all legislation in progress came to an end at that point. As a result of the dissolution of the 2019 Parliament, the following Brexit Bill, which had not yet received Royal Assent, fell away namely: • European Union (Withdrawal Agreement) Bill 2019 For further reading on the dissolution of Parliament, see: Brexit Bulletin—key Bills fall away on dissolution of Parliament, LNB News 07/11/2019 10. Note: A number of Brexit Bills fell previously with the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK primary legislation introduced in connection with the UK’s withdrawal from the EU during the 2019–21 Parliament. Quick links Click on the links below to jump to the relevant section or tracker. Central tracker Click on the links below to redirect to our central Brexit legislation tracker and Brexit SI database: • Brexit legislation tracker [Archived] • Brexit SI database Practice area trackers Click on the links below to redirect to trackers covering Brexit legislation in specific practice areas: • Commercial • Corporate Crime • Dispute Resolution • Energy • Environment • Financial Services • Information Law • Intellectual Property • Life Sciences • Local Government • Pensions • Property • R&I • Tax • TMT [Archived] For further updates and guidance specific to individual practice areas, see Practice Note: Brexit collection. Brexit Bills given Royal Assent during the 2019–21 Parliament Click on the links below to jump to the Brexit Bills given Royal Assent during the 2019–21 Parliament: • Trade Act 2021 • Financial Services Act
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the EU. It includes a Brexit SI database collating details of draft and enacted secondary legislation associated with Brexit. Quick links Click on the links below to jump to the relevant section or tracker. Practice area trackers Click on the links below to redirect to trackers covering Brexit legislation in specific practice areas: • Commercial • Corporate Crime • Dispute Resolution • Employment • Energy • Environment • Financial Services • Information Law • Intellectual Property • Life Sciences • Local Government • Pensions • Property • R&I • Tax For further updates and guidance specific to individual practice areas, see: Brexit collection. Brexit SIs Click on the link below for details and access to the Brexit SI database: • Brexit SI database Brexit Bills in progress Click on the link below to jump to the following Brexit Bill in progress: • Northern
PRACTICE NOTES
This Tracker is designed to assist planning practitioners keep up-to-date with Brexit legislation which will impact their particular areas of practice. Various Brexit SIs have been made to prepare for Brexit in exercise of legislative powers under the European Communities Act 1972 and the European Union (Withdrawal) Act 2018 (EU(W)A 2018) to address failures of assimilated law (previously referred to as retained EU law) to operate effectively after, and other deficiencies arising from, the withdrawal of the UK from the EU. Those of particular interest to planning lawyers include those listed in the table below. The table also gives details of bills/Acts of Parliament made as a result of Brexit which may be of interest to planning practitioners. For more information see Practice Note: Brexit—the implications for English and Welsh planning law and practice. For details of all Brexit legislation, see Practice Note: Brexit legislation tracker [Archived]. Brexit SIs Statutory instrument—EU exit regulation (Brexit SI) Status Key legislation affected Further reading Conservation of Habitats and Species (Amendment) (EU Exit) Regulations
PRACTICE NOTES
ARCHIVED: This Tracker has been archived and is not maintained. This Tracker set out domestic legislation concerning the UK’s departure from the EU which was of relevance dispute resolution (DR) practitioners. Various (EU Exit) regulations (also known as Brexit SIs) were laid in preparation for the UK’s departure from the EU. The key Brexit SIs for dispute resolution lawyers are considered in this tracker. For details of all Brexit SIs, see Practice Note: Brexit legislation tracker [Archived]. Note: the terms ‘EU (Exit) regulation’ and ‘Brexit SI’ are used interchangeably in this Practice Note. Brexit SIs—in force date All of the Brexit SIs were drafted to come into force by reference to exit day (being 31 January 2020 at 11pm). Following amendment by European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), which implemented the Withdrawal Agreement in the UK, the in force date for these regulations was deferred until IP completion day (EU(WA)A 2020, Sch 5 Pt 1, para 1(1)). The amendment gave rise to an inconsistency as it only appeared to
PRACTICE NOTES
The decision of the UK to leave the European Union has necessitated a review of the UK’s immigration system. On 18 September 2018 the Migration Advisory Committee (MAC) published its final report on European Economic Area (EEA) migration in the UK, intended ‘to provide an evidence base for the design of a new migration system after the end of the implementation period’ from 1 January 2021. The report makes a number of findings about the impact of EEA migration to the UK, and a number of proposals which, if acted upon, will have a significant impact upon the way in which EEA nationals will be permitted to act in the UK labour market after Brexit. The report does not address the question of whether or not EEA nationals should be treated differently within the family migration system, suggesting only ‘there would potentially be large effects that should be considered’. The key findings The report considered a vast amount of evidence in relation to
PRACTICE NOTES
This Practice Note is a compilation of links to News Analysis and key materials relating to the development of the ‘single’ post-Brexit immigration system that will apply from IP completion date to both to EEA nationals who are not eligible under the EU Settlement Scheme, and non-EEA nationals. Relevant materials include the Migration Advisory Committee (MAC) commissions and reports, the May government’s White Paper and various reports and commentaries from think tanks and other organisations. Many aspects of the new system, as finally decided upon by the government, were set out in Statement of Changes in Immigration Rules HC 813 and related guidance. See Practice Note: The post-Brexit immigration system: what will it look like? [Archived] For details of the mechanics of the end of EU movement law in the UK on IP completion day, see Practice Note: Brexit and the end of EU free movement law in the UK The Practice Note: Brexit materials—citizens’ rights sets out materials relating to the background, development and implementation of the UK’s EU Settlement Scheme
PRACTICE NOTES
This Practice Note sets out a summary of the background relating to the citizens’ rights aspects of the UK's withdrawal from the EU (Brexit). It also provides a compilation of links to News Analysis and other key materials relating to the negotiations leading to the signature of the Withdrawal Agreement and the development of the EU Settlement Scheme (by which the UK government implemented the citizens’ rights aspects of the Withdrawal agreement) prior to the end of the transition period. Citizens’ rights: withdrawal agreement and settled status This Practice Note includes a compilation of News Analysis and key materials relating to: • the relevant Withdrawal Agreement negotiations and final agreement on citizens’ rights • the development and implementation of the EU Settlement Scheme (including third-party and NGO concerns at the time), and • EEA citizenship and dual citizenship—this is relevant where clients are considering making an application for British citizenship or citizenship of an EEA country or Switzerland For details of eligibility and applying under the EU Settlement Scheme, see: The EU Settlement Scheme—overview. For details
PRACTICE NOTES
On 23 June 2016, the UK held a referendum on its European Union (EU) membership. A 51.9% majority voted in favour of the UK leaving the EU (‘Brexit’). On 29 March 2017, the UK government gave formal notification of the UK's intention to withdraw from the EU under Article 50 of the Treaty on European Union (TEU). Under the terms of Article 50, unless the parties otherwise agree, the terms of the withdrawal must be agreed within two years, or the UK will leave the EU without agreement. One of the key issues that had to be resolved in the negotiations for the withdrawal agreement was securing the rights of residence of EU citizens currently living in the UK, and British citizens living in the other EU countries. Unless transitional arrangements are put in place, the automatic consequence of the UK’s leaving the EU might be that all EU-derived rights of residence would fall away. On 8 December 2017, the UK and European Commission (Commission) negotiating teams reached agreement on key aspects of the citizens’