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PRACTICE NOTES
Public Law Brexit Q&As Are claims based on pre-Brexit facts now ‘brought forward’ as retained EU law or assimilated law? How far are UK courts bound by CJEU case law in those cases? What is the sifting process under the Retained EU Law (Revocation and Reform) Act 2023? Has the government published the list of legislation that will be repealed by the Retained EU Law (Revocation and Reform) Bill? To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018? What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit? What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU? How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation? Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit? What is the status of EU directives in
PRACTICE NOTES
This Practice Note outlines the implications for competition law arising from the UK’s withdrawal from the EU (Brexit) after the end of the implementation period (also referred to as the transition period) on 31 December 2020 (IP completion day). The Practice Note also considers how competition law could potentially change in the future. NOTE—This Practice Note does not consider the application of EU competition law in the UK to cases or investigations initiated by the European Commission (Commission) before 31 December 2020 or during the transition period (which ended on 31 December 2020). For further detail of the status of these cases, see further, CMA125. Background On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU (Brexit). This was a momentous decision with wide-ranging implications for UK law, including in relation to competition law. On 31 January 2020, the UK ceased to be an EU Member State (Exit Day). However, in accordance with the transitional
PRACTICE NOTES
ARCHIVED: This archived Practice Note outlines the key general implications in relation to employment law in England arising from the UK’s withdrawal from the European Union and the end of the implementation period (IP), also referred to as the transition period, for the Withdrawal Agreement, on IP completion day. The Practice Note also considers in what respects employment law has or may change after Brexit. It is not maintained and is for background information only. The Brexit ‘how to’ guide—your research queries answered collates a number of frequently-asked questions on Brexit-related research into a quick-reference Brexit ‘how to’ guide. You may find it helpful to refer to the guide before continuing your research. Key concepts From exit day (31 January 2020), the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member
PRACTICE NOTES
ARCHIVED: This archived Practice Note outlines the key general implications in relation to pensions arising from the UK’s withdrawal from the European Union (EU) and the end of the implementation period (also referred to as the transition period) on IP completion day (11 pm on 31 December 2020). The Practice Note also considers possible changes to pensions law post-IP completion day. It is not maintained and is for background information only. For information on the pensions implications of the Retained EU Law (Revocation and Reform) Act 2023, see Practice Note: Retained EU law (Revocation and Reform) Act 2023—impact on pensions law. What happened on IP completion day? On 31 January 2020 (exit day), the UK ceased to be an EU Member State and lost its entitlement to participate in the political institutions and governance structures of the EU. In accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the implications for family law of the UK’s exit from the EU (commonly known as Brexit), and resources available in relation to both Brexit generally and family law specifically. It also details relevant statutory instruments with implications for family proceedings, together with guidance on retained EU law (known as ‘assimilated law’ from 1 January 2024). As of 31 January 2020, the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period during which the UK continued to be treated by the EU as a Member State for many purposes. See also Practice Notes: Brexit—introduction to the Withdrawal Agreement and What does IP completion day mean for family law? [Archived]. The implementation period (IP) ran from 11 pm on 31 January 2020 (exit
PRACTICE NOTES
This Practice Note provides a guide to key Lexis+® UK Financial Services materials on the post-Brexit regulatory regimes applying to UK and EU financial institutions. In addition, it also includes links to Brexit materials on the wider implications of Brexit on financial services in the UK, for example the temporary permissions regime, financial services contracts regime, temporary regimes for financial market infrastructures (FMIs) and temporary transitional powers for the UK regulators. We also include links to key UK post-Brexit financial services materials, including the Edinburgh reforms, as well as the key Brexit and post-Brexit content that relates to specific financial services topics. For a full list of Lexis+® UK Financial Services essentials notes, one minute guides and timelines, see Overviews: UK and EU financial services regulation—essentials—overview, UK and EU financial services regulation—one minute guides—overview and UK and EU financial services regulation—trackers and timelines—overview. Brexit and financial services: links to key UK Brexit and post-Brexit materials The links set out below provide further information on the wider impact of Brexit on
PRACTICE NOTES
This Practice Note considers the impact of the UK’s withdrawal from the EU on the supervision of central counterparties (CCPs), trade repositories, and central securities depositories (CSDs) in the UK, including the temporary recognition regime and run-off regime for non-UK CCPs, the temporary registration regime and conversion regime for UK trade repositories, and the transitional regime for non-UK CSDs, as well as the temporary designation regime for settlement finality. The European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, makes provision for the ratification and implementation in domestic law of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the arrangements for the UK’s withdrawal from the EU. It includes a transition period (or, to use the UK government’s phraseology, an ‘implementation period’) beginning on 31 January 2020 and ending on 31 December 2020 (IP completion day). During the implementation period, the UK was treated, for most purposes, as if it were still an EU Member State with access to EU markets
PRACTICE NOTES
This Practice Note considers how the Financial Conduct Authority (FCA), the Prudential Regulation authority (PRA) and the Bank of England (BoE) are using the temporary transitional powers (TTP) available to them to facilitate an orderly transition for financial services firms after the end of the implementation period following the UK’s withdrawal from the EU. What are temporary transitional powers (TTP)? The European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020, makes provision for the ratification and implementation in domestic law of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the arrangements for the UK’s withdrawal from the EU. It includes a transition period (or, to use the UK government’s phraseology, an ‘implementation period’) beginning on 31 January 2020 and ending on 31 December 2020 (IP completion day). During the implementation period, the UK was treated, for most purposes, as if it were still an EU Member State with access to EU markets on current terms and, importantly, maintaining
PRACTICE NOTES
This Practice Note considers the financial services contracts regime (FSCR), which came into force at the end of the implementation period following the UK’s withdrawal from the EU. The FSCR applies automatically to EEA passporting firms that have pre-existing contracts in the UK which need a permission to service, if those firms did not notify the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA) that they wished to enter the temporary permissions regime (TPR), or if they do not secure full UK authorisation and leave the TPR. The regime allows those firms to continue to service UK contracts entered into before the end of the implementation period or before exiting the TPR for a limited period, provided that they meet the conditions of the FSCR. The European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, makes provision for the ratification and implementation in domestic law of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the arrangements
PRACTICE NOTES
This Practice Note considers the Financial Conduct Authority (FCA) and Prudential Regulation authority (PRA)/Bank of England (BoE) temporary permissions regime (TPR) and temporary marketing permissions regime (TMPR), introduced at the end of the implementation period following the UK’s withdrawal from the EU. The TPR has now ended (31 December 2023). By contrast, the TMPR for EEA UCITS remains in force and has been extended to 31 December 2026 to support transition to the Overseas Funds Regime (OFR). The regimes enabled EEA passporting firms and funds to continue to operate in the UK for a limited period after the implementation period while seeking full UK authorisation or recognition. The European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), made provision for the ratification and implementation in domestic law of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement set out the arrangements for the UK’s withdrawal from the EU. It included a transition period (or, to use the UK government’s
NEWS
PI & Clinical Negligence analysis: The UK exited the EU on 31 January 2020. In this article Sarah Prager KC examines the consequences of Brexit for personal injury claims, and asks what the position is likely to be in the future as EU and UK authorities diverge. Written by Sarah Prager KC, barrister at Deka Chambers, a barrister specialising in cross border claims and in particular personal injury claims arising in an international context.
NEWS
Public Law analysis: In this revisited analysis, David Hansom, partner at Clyde & Co LLP, examines the World Trade Organisation (WTO) procurement rules and the possible impact on the UK’s public procurement regime in light of the end of the Brexit transition/implementation period (referred to in UK law as IP completion day).