There has been published a letter from David Lidington MP (Minister for the Cabinet Office) to Baroness Taylor of Bolton concerning the treatment of no-deal statutory instruments in a deal scenario.
Mr Lidington’s letter notes that in July 2018, the Government published a White Paper, Legislating for the Withdrawal Agreement between the United Kingdom and the European Union. The White Paper stated that, as EU rules and regulations will continue to apply in the UK during the implementation period, the EU (Withdrawal Agreement) Bill will need to amend the EU (Withdrawal) Act 2018 so that the conversion of EU law into ‘retained EU law’ can take place at the end of the implementation period. The White Paper also states that, in order to prepare for an agreement, provision may be needed to defer, revoke or amend the statutory instruments (SIs) laid to prepare the UK for its exit from the EU.
The letter further notes that the Government has decided that the Bill will need to defer most SIs so that, instead of coming into force on exit day, they come into force at the end of the implementation period. The Bill will also ensure this deferral can apply to other SIs made under enactments other than those in the EU (Withdrawal) Act 2018.