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