European Union (Future Relationship) Act 2020 (c. 29)

PART 3 U.K. General implementation

General implementation of agreements U.K.

29 General implementation of agreements U.K.

(1) Existing domestic law has effect on and after the relevant day with such modifications as are required for the purposes of implementing in that law the Trade and Cooperation Agreement or the Security of Classified Information Agreement so far as the agreement concerned is not otherwise so implemented and so far as such implementation is necessary for the purposes of complying with the international obligations of the United Kingdom under the agreement.

(2) Subsection (1)—

(a) is subject to any equivalent or other provision—

(i) which (whether before, on or after the relevant day) is made by or under this Act or any other enactment or otherwise forms part of domestic law, and

(ii) which is for the purposes of (or has the effect of) implementing to any extent the Trade and Cooperation Agreement, the Security of Classified Information Agreement or any other future relationship agreement, and

(b) does not limit the scope of any power which is capable of being exercised to make any such provision.

(3) The references in subsection (1) to the Trade and Cooperation Agreement or the Security of Classified Information Agreement are references to the agreement concerned as it has effect on the relevant day.

(4) In this section—

• “domestic law” means the law of England and Wales, Scotland or Northern Ireland;

• “existing domestic law” means—

  (a)

  an existing enactment, or

  (b)

  any other domestic law as it has effect on the relevant day;

• “existing enactment” means an enactment passed or made before the relevant day;

• “modifications” does not include any modifications of the kind which would result in a public bill in Parliament containing them being treated as a hybrid bill;

• “relevant day”, in relation to the Trade and Cooperation Agreement or the Security of Classified Information Agreement or any aspect of either agreement, means—

  (a)

  so far as the agreement or aspect concerned is provisionally applied before it comes into force, the time and day from which the provisional application applies, and

  (b)

  so far as the agreement or aspect concerned is not provisionally applied before it comes into force, the time and day when it comes into force;

and references to the purposes of (or having the effect of) implementing an agreement include references to the purposes of (or having the effect of) making provision consequential on any such implementation.

Commencement Information

I1 S. 29 in force at 31.12.2020 by S.I. 2020/1662, reg. 2(z)

30 Interpretation of agreements U.K.

A court or tribunal must have regard to Article COMPROV.13 of the Trade and Cooperation Agreement (public international law) when interpreting that agreement or any supplementing agreement.