SI 2020/75 - The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 1) Regulations 2020

Released 29 January 2020

SI 2020/75 brings into force specified provision in EUWAA 2020 with effect from ‘exit day’ (31 January 2020).

The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 1) Regulations 2020 brings into force various provisions of the European Union (Withdrawal Agreement) Act 2020 (EUWAA 2020), with effect from ‘exit day’ (31 January 2020, as defined by European Union (Withdrawal) Act 2018 (EUWA 2018), s. 20(1)). The Act is the key piece of domestic legislation giving effect to international obligations contained in the draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (“the Withdrawal Agreement”), which will be ratified shortly after the making of these regulations.

Significantly, the regulations commence provisions which defers en masse the entry into force of EU Exit Statutory Instruments written to come into force by reference to ‘exit day’ (31 January 2020) and which will instead commence by reference to ‘IP Completion day’ (31 December 2020).

EUWAA 2020 provisions commenced include:

s. 41(4) and Sch. 5, para. 1(1) and (2), which provides for ‘exit day’ to be read as ‘IP completion day’ in commencement dates for subordinate legislation (except where disapplied);

s. 1, which inserts European Union (Withdrawal) Act 2018, s. 1A in order to save and amend the European Communities Act 1972 for the purpose of giving effect to Part 4 of the Withdrawal Agreement;

s. 2, which inserts EUWA 2018, s. 1B in order to save certain provisions of the ECA for the purposes of the implementation period;

s. 5, which inserts EUWA 2018, s. 7A giving domestic legal effect to the withdrawal agreement (other than Part 4 so far as section 2(1) of the ECA 1972 applies in relation to it);

s. 6, which inserts EUWA 2018, s. 7B giving domestic legal effect to the EEA EFTA separation agreement and the Swiss citizens’ rights agreement;

s. 10, which provides for the retention of existing grounds for deportation for relevant persons;

s. 15(1) and (2), which establishes the independent monitoring authority (“IMA”);

s. 15(3), which relates to functions of the IMA required for exit day;

s. 25(4)(b), which relates to consequential amendments to EUWA 2018 regarding separation agreement law;

s. 26(1)(a), which substitutes “IP Completion Day” for “exit day” to the extent required by EUWA 2018, s. 6(7);

s. 26(2), which inserts EUWA 2018, s. 7C making provision for the way in which relevant separation agreement law is to be interpreted;

s. 27, which amends EUWA 2018, s. 8 and Sch. 2 in relation to provisions for dealing with deficiencies in retained EU law.

The regulations were made on 29 January 2020.

The document is available here.

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