Orderly Exit? (UK Exit)

Exit day is 31st October 2019 (this date is in a Statutory Instrument)

Reports this morning (and last night) identify the UK state will make a new proposal to the EU for an orderly exit (termed “Deal” in common parlance).

In the event that this proposal is accepted, in full or with agreed changes, then an orderly exit would result on Exit day, under the terms of a new UK/EU Withdrawal Agreement (that was ratified by both the UK and the EU Parliaments and all Member States).

If this occurs, then there would be a new Withdrawal and Implementation Bill or Withdrawal Agreement Bill in the UK. In the last round, only a White Paper was published (2018).

This Withdrawal Agreement Bill, if enacted, would change the EU (Withdrawal) Act 2018 and delay the action of the Brexit Law on the UK statute book.

The UK would Exit on Exit day, but the effect of the Brexit Law would be delayed.

Some Brexit Law (amended) would take effect on Exit day, and some Brexit Law (amended) would take effect at the end of 2020.

In some topics, and in some geographical regions, UK and EU Law would remain aligned until the end of 2020 (and in some cases to 2025).

Please expect to see further Blog posts.

Retained EU Law (UK Exit)

Exit day is 31st October (this date is in a Statutory Instrument)

The European Union (Withdrawal) Act 2018 is the governing Law.

Some EU legislation will continue to have effect in the UK legal system post-exit. This is called ‘Retained EU Law’.

EU regulations (not EU directives), certain EU decisions and EU tertiary legislation (now known as delegated and implementing acts), will be retained (converted and incorporated) in the UK legal system as they have effect immediately before Exit day.

EU-derived domestic legislation that reproduces the effect of an EU regulation, decision or tertiary legislation, are not retained. This is to avoid duplication on the statute book after exit.

EU legislation is only converted and incorporated into domestic law “so far as operative immediately before Exit day”.

The default position is that EU legislation is operative if it is in force immediately before Exit day. However, some EU legislation applies in a staggered way over time, and the Act ensures that, so far as a relevant instrument has entered into force and applies before Exit day, it will be converted into domestic legislation.

It is only if the provision is “stated to apply” from a later time, and that time falls on or after Exit day, that the provision would not fall within the ambit of the section. So, where there is a stated date of application, and this date falls after Exit day, the provision is not converted.

This means that, provided it is not expressly stated to apply from a date falling on or after Exit day, EU legislation which is in force before Exit day will be converted even if it has some effect which crystallises after Exit day.

For example the EU fluorinated greenhouse gases regulation [No. 517/2014]. the whole of which is in force and – by virtue of its Article 27 – is stated to apply from 1 January 2015, prohibits the supply of equipment containing certain substances from specified dates, several of which fall after Exit day. These future prohibitions apply now, even though they do not take effect until after Exit day. They are therefore converted under the Act and will take effect on the specified dates.

In the case of EU decisions which specify to whom it is addressed, if the date of notification to the addressee (for example the UK or a person in the UK) falls before Exit day then that decision is converted.

In the case of EU directives – these are not part of EU retained law in any event. EU directives will have dates by which member states should have domestic legislation in place. If these dates are beyond Exit day, then it will be a matter of enforcement of non- implementation by the European Commission (on an action, for example, taken by an aggrieved party).

F-gases and ODS (UK Brexit)

Exit day is 31st October.

HMG has today updated its instructions for those persons who use or trade in F-gases or ODS.

Here.

Brexit Law is issued in this area, and Cardinal has already consolidated this into base law and supplied it to subscribers to Cardinal Environment EHS Legislation Registers & Checklists.

Brexit Law List (UK Brexit)

Civil servants across the UK Government have now laid all the Statutory Instruments (SIs) necessary under the EU Withdrawal Act.

Over 10,000 new pages of legislation are created.

We are updating the Brexit Law List as these are available in the public domain. It is a relief to know that the production of new instruments has now finished, and we await enactment of all instruments.

As I said in a Blog post yesterday or the day before, we will commence processing these Brexit Laws shortly into the EHS Legislation supplies in the Registers and Checklists, and before 12th April.

Given the size of the task, we expect this job to take at least 2019.

Please keep following the Blog posts for information. I have created a new Blog Category in the Archive – UK Law Deficiency Correction Process.