Exceptions to Retention

Exceptions to savings and incorporation The Withdrawal Act sets out two exceptions to the saving and incorporation of EU law provided for. The first exception is the principle of supremacy of EU law. The principle of ...

Retained Law Issues

Interpretation of retained EU law The Withdrawal Act sets out how retained EU law is to be read and interpreted on and after exit day. decisions of the CJEU made after exit day will not be binding on domestic (UK) ...

Legal Anomalies and Deficiencies

Dealing with deficiencies arising from withdrawal The Withdrawal Act  gives ministers of the Crown a power to make secondary legislation to deal with deficiencies that would arise on exit in retained EU law. This ...

Implementing Withdrawal

Brexit Day Brexit day is defined as 11.00pm on 29 March 2019 (postponed to 31 January 2020, with a transitional period to effective withdrawal on 31 December 2020). This is in line with the calculation of time in EU law, as well as the EU’s negotiating directives, which indicate that the UK will leave the EU at 00.00 ...

Parliamentary Scrutiny of Powers

Explanatory statements for certain powers The Withdrawal Act sets out that certain explanatory statements must accompany statutory instruments made by ministers of the Crown under the delegated powers; that in the ...
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