ARCHIVED: This Practice Note has been archived and is not maintained.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

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

ARCHIVED: This Tracker has been archived and is not maintained.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

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

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

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

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’

This Practice Note examines the position in relation to the right to work checks for European Economic Area (EEA) citizens and their family members during and after the Brexit transition period. It also discusses potential problems that may arise. For the purpose of this Note, EEA citizens are defined as nationals of all remaining 27 EU Member States (excluding the United Kingdom), Liechtenstein, Norway and Iceland. Although Switzerland is not a member of the EEA, it is treated, for the purposes of EU free movement law, as if it was. Background: Brexit and the EU Settlement Scheme Brexit and the EU Settlement Scheme EEA citizens and their family members previously benefitted from EU free movement rights, which were primarily implemented in the UK by the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK, and the equivalent agreements made with Norway, Iceland and Liechtenstein, and Switzerland, these Regulations continued to apply in full throughout the transition period in force after the UK

A white paper entitled ‘The UK’s future skills-based immigration system’, outlining the UK government’s plans for the shape of the UK immigration system after Brexit, was released on 19 December 2018. The most significant change that will be brought about by the proposed new system is the end of Free Movement for European (EU) nationals. After 31 December 2020 (the end of the implementation period), UK immigration rules will apply to EU and non-EU migrants alike. The White Paper proposes several other significant changes, particularly in relation to the current framework for sponsoring skilled workers under Tier 2 of the Points-Based System (PBS), including: • scrapping the overall annual cap on sponsored work visas • lowering the skills threshold of those who qualify for sponsorship from Regulated Qualifications Framework (RQF) Level 6 to RQF Level 3 • abolishing the Resident Labour Market Test (RLMT) • reducing the bureaucratic burden on sponsoring employers The White Paper makes a wide variety of other proposals, including: • a new (temporary) short-term worker route • more

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the changes to the Civil Procedure Rules set out in The Civil Procedure rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, and The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020, SI 2020/1493, as well as the associated changes to relevant practice directions set out in the Making documents for the 107th, 122nd and 126th practice direction updates. Note the 126th practice direction update made various minor amendments to the 107th practice direction. Those amendments were to ensure, or were consequential on changes made to existing EU Exit instruments, to ensure alignment with the Withdrawal Agreement reached between the EU and the UK: • CPR Parts subject to amendment—Part 5, Part 6, Part 8, Part 12, Part 13, Part 25, Part 30, Part 31, Part 32, Part 34, Part 63, Part 68, Part 74 and Part 78. The regulations also set out the transitional and saving provisions • practice directions subject to amendment/deletion—CPR Practice Direction 6A,

ARCHIVED: This archived Practice Note addressed the implications of the UK leaving the EU after the end of the implementation period, being 31 December 2020. This Practice Note considers the position in relation to proceedings involving civil and commercial matters. It explores the application of EU law and international conventions in the UK as well as specific considerations when dealing with considerations as to applicable law, jurisdiction, service of documents, taking of evidence, mediation, cross border process and recognition and enforcement of judgments. It is important to be aware that the impact is not limited to EU Member States but also the other contracting states of the Lugano Convention 2007 (Iceland, Norway and Switzerland) and in some instances, contracting states of the Hague Convention on Choice of Court Agreements (Mexico, Montenegro and Singapore). This Practice Note considers the position in relation to proceedings involving civil and commercial matters. Specific rules apply when dealing with other forms of proceedings, eg insolvency or family matters and these are outside the remit

ARCHIVED: This Checklist has been archived and is not maintained. It provides guidance to assess the potential contractual risk to an individual business posed by Brexit, and how to carry out a Brexit risk management contract audit in preparation for Brexit in advance of IP completion day. For information on the impact of IP completion day on contracts and more generally on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? This Checklist provides guidance on assessing the contractual risk to an individual business posed by Brexit, and how to carry out a Brexit risk management contract audit. It considers the need for a Brexit team, the issues arising in a business unit audit and in a contract audit and matters for contract review. For a more in-depth analysis, see Practice Note: Brexit—contract risk management [Archived]. For the purpose of this Checklist, unless expressly indicated otherwise, all references to: • ‘exit day’ are to that term as defined in the European Union