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Brexit and Europe Brexit and Europe

Ensure UK authorities can exercise powers currently exercised via the EU

Last updated: 02:55pm 14 October 2019

As well as the Great Repeal Bill, we will bring forward a number of additional bills to ensure that when we have left the EU there is a clear statutory basis for United Kingdom authorities to exercise powers that are currently exercised through EU law and institutions.

Conservative Party Manifesto 2017, p.37

Our verdict

The Great Repeal Bill became law in June 2018, known as European Union (Withdrawal) Act 2018. It’s this law that describes how all EU law will be converted in UK law when we leave. But in addition to converting EU law to UK law, we also need to remove any dependencies on EU institutions that we currently have to answer to.

For this kind of scenario the government wants to be able to correct what it describes as legal “deficiencies”. In the government’s words, these might include a “law that gives the Commission or EU institution a function to provide services or regulate, if the UK and EU agree these arrangements won’t continue.” One of the ways this law could help them deal with deficiencies like this would be to “change references or transfer functions from an EU institution to a UK institution.”

This provision went on to be included in Section 8 of the EU (Withdrawal) Act (called “Dealing with deficiencies arising from withdrawal”).

This is, in effect, the mechanism by which this policy can be delivered. Given it has been passed into UK law there are sufficient conditions in place to consider this policy as ‘done’. We’ll continue to monitor the implications on this policy based on our eventual exit from the EU, so follow this policy for updates.

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