Explanatory Notes

Clause 3: Supplementary power in connection with implementation period

95 This clause provides Ministers of the Crown with a supplementary power in connection with the implementation period. This power is inserted into the EU (Withdrawal) Act 2018 as new section 8A.

96 New section 8A(1) contains a power for a Minister of the Crown to make the following provision by regulations in connection with the implementation period:

a. to specify additional glosses for EU-related terms in EU-derived domestic legislation so that the statute book continues to function during the implementation period;

b. to disapply:

i. the glosses in new section 1B(3) which apply to EU-derived domestic legislation saved on exit day, so that EU-related terms can be read without the glosses;

ii. the application of the glosses by new section 1B(4) to EU-derived domestic legislation passed or made between exit day and IP completion day, so that EU-related terms in such legislation can be read without the gloss;

c. to make different provision from new section 1B(3) or (4), so that specific provision can be made for particular EU-related terms, so as to enable the statute book to continue to work effectively during the implementation period. This means a different approach to the general gloss can be taken in order to suit specific circumstances;

d. to amend or repeal provisions in the EU (Withdrawal) Act 2018 in consequence of the automatic repeals by new sections 1A(5) and 1B(6) of the main provisions in the EU (Withdrawal) Act 2018 that implement the implementation period. Such amendments to the Act might be necessary in the interests of clarity and certainty. The Act will have been substantially amended to provide for the implementation period. At the end of that period, many of these modifications will no longer be applicable and therefore should be removed in order for the law to function clearly; and

e. to make provision, not covered by paragraphs (a) to (d) above, but which is appropriate for the purposes of, or otherwise in connection with, Part 4 of the Withdrawal Agreement. For example, there may be legislative references to the UK’s membership of or participation in EU bodies that are no longer meaningful during the implementation period and so should be removed.

97 Subsection (2) provides that supplementary provision made under this power might include modifying (such as amending, repealing or revoking) both primary and secondary legislation. The power may not be used to do all the things that an Act of Parliament can do.

98 Subsection (3) clarifies that the supplementary power may not be used to modify primary legislation passed or made after IP completion day (or subordinate legislation made under that primary legislation).

99 Subsection (4) sunsets the power so that no regulations may be made under this section after the end of the period of two years beginning with IP completion day.


Prepared 19th December 2019