1.In its letter to the Department dated 3rd March 2021, the Committee requested a memorandum on the following point:
“Confirm whether practice within Government is no longer to include “(EU Exit)” in the title of instruments made under section 8 of the European Union (Withdrawal) act 2018.”
2.The Department’s response to the Committee’s point is set out below.
3.We confirm that the practice within Government in most instruments is no longer to include “(EU Exit)” in the title where they are made under section 8 of the EU (Withdrawal) Act 2018.
4.The Leader of the House wrote a letter to the Chair of the Committee on 13 February 2020. This explained that, following the expiry of the Transition Period on 31 December 2020, the titles of S.I.s laid from 1 January 2021 will no longer automatically include “(EU Exit)”. The Department received guidance to advise us of this decision. We followed the guidance in this instrument, which is why “(EU Exit)” does not appear in the title.
5.However, we understand that there may well be some situations where it is still practice within Government to include “(EU Exit)” in the title, such as if an S.I. is amending an earlier instrument that had “(EU Exit)” in the title. The guidance the Department has received outlines these exceptions.
Department for Work and Pensions
10 March 2021