Explanatory Notes

Clause 14: Interpretation

137 Subsection (1) defines certain terms used throughout the Bill.

138 Subsection (2) makes further provision about the meaning of references to exit day. In general, a reference to exit day will be the beginning of the day on which the UK leaves the EU and references to before, on or after that day are to be read accordingly. This subsection notes however that where a minister appoints a time as well as a day (as provided for by paragraph 16 of Schedule 7), any references to before, on or after exit day are to be read as references to before, on or after that appointed time.

139 Subsection (3) provides that references in the Bill to things which continue to be domestic law, include things which would have continued to exist regardless of the saving in clause 2. This makes clear that it is not necessary to consider whether an enactment might have been subject to implied repeal as a result of repeal of the ECA, in order to bring it within the ambit of clause 2 and therefore the definition of "retained EU law".

140 Subsection (5) provides that any reference in the Bill to the former Article 34(2)(c) of the TEU (which concerned decisions in the field of police and judicial cooperation in criminal matters) is a reference to that Article as it applied before the Lisbon Treaty. It is necessary to include these references in the Bill to ensure that it accurately reflects the legal basis for these measures.

141 Subsection (6) provides that references in the Bill to certain provisions of the TEU and TFEU include references to those provisions as they apply to the Euratom Treaty.

 

Prepared 13th July 2017