Explanatory Notes

Lords Amendments to Clause 14: Interpretation

Lords Amendment 32*

60 Lords Amendment 32 would make clear that nothing in this Bill prevents the United Kingdom from replicating in domestic law any EU law made on or after exit day, or continuing to participate in, or have a formal relationship with, the agencies of the EU after exit day.

61 The amendment would be a statement of the law as it currently stands. The Bill does not restrict the United Kingdom in relation to its future relationship with EU law or EU agencies.

Lords Amendment 33, 34 and 35

62 Lords Amendments 33, 34 and 35 would add to the definition of "enactment" in the Bill following amendment 9. This is not an exhaustive definition and so relevant enactments are likely already included but these amendments would make clear that Church Measures, Orders in Council made in exercise of the royal prerogative, and devolved instruments made in exercise of the royal prerogative are included in the definition of "enactment" in the Bill.

Lords Amendments 36 and 38

63 Lords Amendment 36 would provide that "retained direct EU legislation" is not included in the Bill definition of "enactment" for the purposes of Lords Amendment 9. Lords Amendment 38 would provide that any provision made under retained direct EU legislation on or after exit day is not included within the definition of "subordinate legislation" for the purposes of Lords Amendment 9. The application of these definitions is not necessary as subsection (1) of Lords Amendment 9 deals only with domestic law which continues to have effect by virtue of clause 2. Further, subsections (2) to (4) deal with how domestic primary and subordinate legislation can amend retained direct EU legislation.

Lords Amendments 37* and 39*

64 Lords Amendments 37 and 39 would change the definition of exit day in the Bill. As introduced to the Lords, references to ‘exit day’ in the Bill refer to 11pm on 29th March 2019. The Lords Amendments would mean that references to ‘exit day’ instead refer to an as yet unappointed day that the Minister may by regulations appoint.

65 The Lords Amendments would also remove from the Bill the ability to amend the definition of exit day if the day or time on or at which the EU Treaties are to cease to apply to the UK is different from that specified in the Bill (in which case Ministers are currently permitted to change exit day to the new day or time).

Lords Amendment 40

66 Lords Amendment 40 would make clear that anything which forms part of retained EU law by virtue of clause 4 includes modifications to that law.


Prepared 22nd May 2018