The Government has passed the European Union (Withdrawal) Bill (Bill). The publication of the Bill follows the Government’s White Paper on the Great Repeal Bill that was published on 30 March 2017.
The core of the Bill is the power to make sure the UK’s statute book functions on exit when the European Communities Act 1972 (ECA) has been repealed. The Bill replaces the framework of the ECA with a new framework – of “retained EU law” – which provides a basis from which the UK Parliament and the Devolved Legislatures can make their own laws.
The “retained EU law” is comprised of:
- converted legislation (which is direct EU legislation (EU regulations, EU decisions, EU tertiary legislation) and direct EU legislation as it applies with adaptations to the EEA);
- preserved legislation (which includes regulations made under section 2(2) or paragraph 1A of Schedule 2 to the ECA, other primary and secondary legislation with the same purpose as regulations under section 2(2) ECA, other domestic legislation relating to those things or to converted legislation, and legislation which otherwise relates to the EU or EEA);
- any other rights which are recognised and available in domestic law through section 2(1) ECA (for example, directly effective rights contained in the EU treaties); and
- historic Court of Justice and the European Union case law (that will be given the same binding or precedent status in the UK courts as decisions of the UK Supreme Court).
View European Union (Withdrawal) Bill, 14 July 2017
View Explanatory notes to European Union (Withdrawal) Bill, 14 July 2017