N2-9. EU law after Brexit

- Status quo broadly maintained during the implementation period​

 

"(1) Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.
(2) The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5)." (EU (Withdrawal) Act 2018, s.1A)

 

"(1) Subsections (2) to (5) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.
(2) EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day, subject as follows." (EU (Withdrawal) Act 2018, s.1B)

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Read with withdrawal agreement

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"(3) The Act of 1972 has effect on and after exit day as if —
(a) the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—
(i) included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but
(ii) were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,
(b) the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,
(c) section 2(3) (payment of EU costs etc.) were omitted,
(d) in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—
(i) the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and
(ii) the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,
(e) references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and
(f) in Part 2 of Schedule 1 (general definitions in relation to the EU)—
(i) in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and
(ii) in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”." (EU (Withdrawal) Act 2018, s.1A)

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EU-derived domestic legislation

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"(7) In this Act “EU-derived domestic legislation” means any enactment so far as—
(a) made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972,
(b) passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act,
(c) relating to—
(i) anything which falls within paragraph (a) or (b), or
(ii) any rights, powers, liabilities, obligations, restrictions, remedies or procedures which are recognised and available in domestic law by virtue of section 2(1) of the European Communities Act 1972, or
(d) relating otherwise to the EU or the EEA,but does not include any enactment contained in the European Communities Act 1972 or any enactment contained in this Act or the European Union (Withdrawal Agreement) Act 2020 or in regulations made under this Act or the Act of 2020." (EU (Withdrawal) Act 2018, s.1B)

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Repeal on 31 December 2020

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"(5) Subsections (1) to (4) are repealed on IP completion day." (EU (Withdrawal) Act 2018, s.1A)

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"(6) Subsections (1) to (5) are repealed on IP completion day." (EU (Withdrawal) Act 2018, s.1B)

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"“IP completion day” means 31 December 2020 at 11.00 p.m (and see subsections (2) to (5));" (EU (Withdrawal) Act 2020, s.39)

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