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Government Update: Great Repeal BillBack

The Great Repeal Bill White Paper, which sets out the Government’s plans for UK’s legislation once the country has left the EU, has now been published. The NFDA is now looking closely at the document.

The Bill breaks down the UK’s departure from the EU into three key components:

Firstly, the bill will repeal the European Communities Act (ECA), ending the supremacy of EU law over UK law, thus returning power to UK institutions.

Second, the Bill will convert EU law as it stands at the moment of exit into UK law before we leave the EU. This allows businesses to continue operating knowing the rules have not changed significantly overnight. It will provide fairness to individuals, whose rights and obligations will not be subject to sudden change. It also ensures that it will be up to the UK Parliament (and, where appropriate, the devolved legislatures) to amend, repeal or improve any piece of EU law (once it has been brought into UK law) at the appropriate time once we have left the EU.

Finally, the Bill will create powers to make secondary legislation. This will enable corrections to be made to the laws that would otherwise no longer operate appropriately once we have left the EU, so that the UK’s legal system continues to function correctly outside the EU. It will also enable domestic law, once left the EU, to reflect the content of any withdrawal agreement under Article 50.

Key points:

  • White Paper is the start of the discussion between Parliament and Government.
  • The Great Repeal Bill will:
    • Repeal the European Communities Act (ECA).
    • Ensure that the UK leaves the jurisdiction of the European Court of Justice.
    • Come into effect on the day the UK leaves the EU.
    • Ensure that all EU law is transposed into UK domestic law.
    • Provide that the UK courts may refer to the EU case law when it is considering now UK law; EU law that has been fully transposed, but only up until the date that the UK left the EU.
  • The Bill and leaving the EU, should enable a significant increase in power to the devolved nations.
  • Government will not be publishing a draft Bill

Posted by Sue Robinson on 31/03/2017