Statutory Instruments
2020 No. 75 (C. 7)
Exiting The European Union
The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 1) Regulations 2020
Made
29th January 2020
The Secretary of State, in exercise of the power conferred by section 42(7) of the European Union (Withdrawal Agreement) Act 2020( 1 ), makes the following Regulations:
Citation and interpretation
1. These Regulations may be cited as the European Union (Withdrawal Agreement) Act 2020 (Commencement No. 1) Regulations 2020.
2. In these Regulations—
“the Act” means the European Union (Withdrawal Agreement) Act 2020;
“EUWA” means the European Union (Withdrawal) Act 2018.
Appointed day
3. The following provisions of the Act come into force immediately before exit day( 2 )—
(a) section 41(4) (consequential provision etc.) so far as it relates to the provisions mentioned in paragraph (b), and
(b) paragraph 1(1) and (2) of Schedule 5 (consequential provision etc.).
4. The following provisions of the Act come into force on exit day—
(a) section 1 (saving of ECA for implementation period);
(b) section 2 (additional saving for implementation period);
(c) section 5 (general implementation of remainder of withdrawal agreement);
(d) section 6 (general implementation of related EEA EFTA and Swiss agreements);
(e) section 10 (retention of existing grounds for deportation);
(f) section 15(1) and (2) (Independent Monitoring Authority for the Citizens’ Rights Agreements);
(g) section 15(3) so far as it relates to the provisions mentioned in paragraph (m);
(h) section 25(4)(b) and (6)(a) (retention of saved EU law at end of implementation period) for the purposes of section 5(6) of, and Schedule 1 to, EUWA so far as they are in force on exit day;
(i) section 26(1)(a) (interpretation of retained EU law) so far as it relates to section 6(7) of EUWA;
(j) section 26(2) (interpretation of relevant separation agreement law);
(k) section 27 (dealing with deficiencies in retained EU law);
(l) section 41(4) and (6) (consequential and transitional provision etc.) so far as relating to any provision so far as it falls within paragraph (n);
(m) paragraphs 1 to 13, 18, 19, 34 and 41 of Schedule 2 (Independent Monitoring Authority for the Citizens’ Rights Agreements);
(n) the following provisions of Schedule 5 (consequential and transitional provision etc.)—
(i) paragraph 3(1);
(ii) paragraph 7(c);
(iii) paragraph 11;
(iv) paragraph 12(c);
(v) paragraph 18 for the purposes of making regulations under section 30A of the Scotland Act 1998( 3 );
(vi) paragraph 19 for the purposes of making regulations under section 57(4) of the Scotland Act 1998;
(vii) paragraph 23 for the purposes of making regulations under section 6A of the Northern Ireland Act 1998( 4 );
(viii) paragraph 25 for the purposes of making regulations under section 24(3) of the Northern Ireland Act 1998;
(ix) paragraph 28 for the purposes of making regulations under section 80(8) of the Government of Wales Act 2006( 5 );
(x) paragraph 29 for the purposes of making regulations under section 109A of the Government of Wales Act 2006;
(xi) paragraph 33;
(xii) paragraph 35;
(xiii) paragraph 36(c);
(xiv) paragraph 37(d);
(xv) paragraph 40(1), (2) and (5);
(xvi) paragraph 43;
(xvii) paragraph 44(2)(b), (c) and (f) to (h) and (4);
(xviii) paragraph 45;
(xix) paragraph 46;
(xx) paragraph 47(3) and (5);
(xxi) paragraph 48(1), (2) and (4);
(xxii) paragraph 49;
(xxiii) paragraph 51 for the purposes of making regulations under section 1A(3)(a)(ii) of EUWA;
(xxiv) paragraph 53(5), (7)(b) and (8)(b);
(xxv) paragraph 54(1), (4), (5) and (7);
(xxvi) paragraph 55(1) and (2);
(xxvii) paragraph 56(7)(a) so far as it amends paragraph 41(3) to (9) of Schedule 8 to EUWA;
(xxviii) paragraphs 58 to 62; and
(xxix) paragraph 63.
Steve Barclay
Secretary of State for Exiting the European Union
Department for Exiting the European Union
29th January 2020