Zenith CC&P Current Awareness

Government brings into force EU Withdrawal Act provisions to repeal European Communities Act 1972 on Brexit day

20 August 2019

Prof. Suzanne Rab

Zenith's Suzanne Rab writes: 

On 16 August 2019 the government made the European Union (Withdrawal) Act 2018 (Commencement No. 4) Regulations 2019 (SI 2019/1198) (regulations) which brought into force section 1 of the European Union (Withdrawal) Act 2018 (EUWA).

Unlike other significant provisions of the EUWA which came into force when it received Royal Assent, section 1 required the government to make regulations in order to bring it into force.

Section 1 of the EUWA will repeal the European Communities Act 1972 (ECA 1972) on exit day, which is defined in the EUWA as 11.00 pm on 31 October 2019.

The definition of exit day can be amended by the government by secondary legislation (EUWA, section 20(4)).  The making of the regulations does not affect the ability of the government to do this, at least until 31 October 2019, should the date of the UK's withdrawal from the EU change.

The definition of exit day has already been amended twice following successive agreements between the UK and the EU.

Current Awareness

By the CC&P team