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Some things are certain...

Not death, or taxes this time… but with the European Union (Withdrawal) Act receiving Royal Assent on 26 June 2018, we finally have some certainty on the UK’s departure from the EU and the legislative environment we will find ourselves in.

While there is still a great deal that is unknown, this Act does provide some clarity that many will say is much needed. We now know that:

  • All EU legislation will remain in force for the United Kingdom after we leave the EU.

In addition, any UK legislation that was created as a result of EU requirements will also remain in force. This will allow the UK Government some time after the Brexit date to consider the relevance of any legislation and, where appropriate, repeal it at their leisure.

  • When interpreting EU legislation that has been voluntarily retained by the UK, the UK courts must interpret the EU legislation in accordance to EU law.

On that basis, we also now know that EU law will no longer override UK law in respect of new laws passed by the UK after we exit the EU, but may still override it if the law in question was passed by the UK prior to the official Brexit date.

Also, any amendments to UK laws that were passed pre-Brexit, will be subject to EU law, even when the amendments are made post-Brexit.