European Union (Withdrawal Agreement) Act 2020

1 Saving of ECA for implementation period U.K.

After section 1 of the European Union (Withdrawal) Act 2018 (repeal of the European Communities Act 1972) insert—

“Savings for implementation period U.K.

1A Saving for ECA for implementation period

(1) Subsections (2) to (4) have effect despite the repeal of the European Communities Act 1972 on exit day by section 1.

(2) The European Communities Act 1972, as it has effect in domestic law or the law of a relevant territory immediately before exit day, continues to have effect in domestic law or the law of the relevant territory on and after exit day so far as provided by subsections (3) to (5).

(3) The Act of 1972 has effect on and after exit day as if —

(a) the definitions of “the Treaties” and “the EU Treaties” given by section 1(2) to (4) (interpretation)—

(i) included Part 4 of the withdrawal agreement (implementation period), other than that Part so far as it relates to, or could be applied in relation to, the Common Foreign and Security Policy, but

(ii) were otherwise limited to anything which falls within those definitions as at immediately before exit day so far as it is not excluded by regulations made on or after exit day by a Minister of the Crown under this sub-paragraph,

(b) the reference in section 2(2) to the objects of the EU were a reference to those objects so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(c) section 2(3) (payment of EU costs etc.) were omitted,

(d) in section 3 (decisions on, and proof of, EU Treaties and EU instruments etc.)—

(i) the references to the Treaties in subsections (1) and (2) included the withdrawal agreement, and

(ii) the words in brackets in subsection (1) only applied so far as they are in accordance with Part 4 of the withdrawal agreement,

(e) references in sections 5 and 6 (customs duties and common agricultural policy) to the common customs tariff of the EU, directly applicable EU provision, the exclusion of customs duties, EU arrangements and agricultural levies of the EU were to such things so far as they are applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(f) in Part 2 of Schedule 1 (general definitions in relation to the EU)—

(i) in the definition of “EU customs duty”, the reference to directly applicable EU provision were to such provision so far as it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(ii) in the definition of “Member” in the expression “member State”, after “EU” there were inserted “ and for the purposes of this expression the United Kingdom is to be treated as if it were a member of the EU during the implementation period (within the meaning given by section 1A(6) of the European Union (Withdrawal) Act 2018) ”.

(4) In this section “relevant territory” means the Isle of Man, any of the Channel Islands or Gibraltar.

(5) Subsections (1) to (4) are repealed on IP completion day.

(6) In this Act—

• “the implementation period” means the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day;

• “IP completion day” (and related expressions) have the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) to (5) of that Act);

• “withdrawal agreement” has the same meaning as in that Act (see section 39(1) and (6) of that Act).

(7) In this Act—

(a) references to the European Communities Act 1972 are to be read, so far as the context permits or requires, as being or (as the case may be) including references to that Act as it continues to have effect by virtue of subsections (2) to (4) above, and

(b) references to any Part of the withdrawal agreement or the EEA EFTA separation agreement include references to any other provisions of that agreement so far as applying to that Part.”

Commencement Information

I1 S. 1 in force at 31.1.2020 by S.I. 2020/75, reg. 4(a)