1.In its letter to the Department of 14 November 2018, the Committee requested a memorandum on the following point:
Explain the purpose of making references to the listed enactments ambulatory given that retained EU law will not be ambulatory.
2.The Department’s response to the Committee’s point is set out below.
3.The Department is taking this opportunity to ensure that domestic legislation refers to the most recent versions of directly applicable EU legislation before exit day. In the event that the Withdrawal Agreement is ratified and there is an implementation period, the ambulatory references will also ensure that any changes to EU law are reflected within the domestic framework without the need for further amendment. The Department has in some instances not updated references to directly applicable EU law in its domestic legislation (although the EU law itself has been applied correctly and references in domestic legislation interpreted to give effect to EU law) and making the references ambulatory will reduce the risk of this happening in future. It will also limit the number of further amending instruments that may be required.
4.The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085) make similar amendments to social security legislation in Northern Ireland for the same reasons.
Department for Work and Pensions
20 November 2018
Published: 30 November 2018