Explanatory Notes

Part 1: Publication of retained direct EU legislation etc.

Copies that must or may be published

207 To ensure that retained EU law is accessible after exit day, the Bill makes express provision on the publication of, amongst other things, retained direct EU legislation. This will be done by the Queen’s Printer (within The National Archives).

208 Sub-paragraph (1) of paragraph 1 provides that the Queen’s Printer is required to make arrangements to ensure each ‘relevant instrument’ which has been published before exit day, and the ‘relevant international agreements’, are published in the UK.

209 Sub-paragraph (2) defines which instruments and international agreements are classified as ‘relevant’. This covers the EU instruments which could (subject to the application of the Bill) have effect in our law after exit day as retained direct EU legislation, and four of the main EU treaties.

210 Sub-paragraph (3) allows, but does not require, the Queen’s Printer to publish any decision of or expression of opinion by the European Court, and any other document published by an EU entity.

211 Sub-paragraph (4) provides that the Queen’s Printer may publish anything else that the Queen’s Printer considers useful in relation to the other documents published under this clause, for example ‘as amended’ versions of retained direct EU legislation which reflect changes made using the deficiencies powers in the Bill, or guidance documents.

212 Sub-paragraph (5) provides that the Queen’s Printer is not required to publish anything which has been repealed before exit day, or to publish any modifications made on or after exit day.

Exceptions from duty to publish

213 Paragraph 2 provides that the Queen’s Printer does not have to publish instruments (including categories or specific parts of instruments) in respect of which they have received a direction from a minister of the Crown stating that, in the opinion of that minister, the instrument has not become (or will not become on exit day) retained direct EU legislation. Any direction must be published.


Prepared 13th July 2017