On July 3, the Department for Exiting the European Union created the European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018 (Regulations). The United Kingdom’s European Union (Withdrawal) Act 2018 (Act) delegates power to make such provisions.
The Regulations are split based on their effective date:
- The effective date of certain provisions of the Act, July 4, (First Appointed Day)— the Regulations include provisions relating to (1) the cessation of EU law supremacy and its application to UK law after the United Kingdom’s withdrawal from the European Union, and (2) the use of EU law for interpretation in domestic tribunals and courts; and
- The date of the United Kingdom’s withdrawal from the European Union, March 29, 2019 (Exit Day)—the Regulations provide for the repeal of UK acts relevant to its membership of the European Union which have not already been repealed.
The Regulations also contain transitional provisions which carve out EU obligations from “international obligations” under the Small Business, Enterprise and Employment Act 2015 with respect to any provision under review between the First Appointed Day and Exit Day. Further transitional measures authorize future UK actions without EU approval, even where such approval is required according to the underlying UK act.
The Regulations, with accompanying explanatory note, are available here.