The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019


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Statutory Instruments

2019 No. 1423

Exiting The European Union

The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019

Made

at 2.06 p.m. on 30th October 2019

Laid before Parliament

at 3.00 p.m. on 30th October 2019

Coming into force in accordance with regulation 1

The day on which the Treaties(1) are to cease to apply to the United Kingdom in accordance with Article 50(3) of the Treaty on European Union is different from that specified in the definition of "exit day" in section 20(1) of the European Union (Withdrawal) Act 2018(2).

The Secretary of State, in exercise of the powers conferred by section 20(4) of that Act(3), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019 and come into force immediately after they are made.

Amendment to the definition of "exit day"

2.-(1) Section 20 of the European Union (Withdrawal) Act 2018 (interpretation) is amended as follows.

(2) In subsection (1), in the definition of "exit day", for "31 October 2019" substitute "31 January 2020".

(3) In subsection (2) for "31 October 2019" substitute "31 January 2020".

James Duddridge

Parliamentary Under Secretary of State

Department for Exiting the European Union

2.06 p.m. on 30th October 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the definition of "exit day" in the European Union (Withdrawal) Act 2018 (c. 16) ("the 2018 Act") and come into force immediately after they are made.

In accordance with Article 50(3) of the Treaty on European Union and with the extensions provided for in European Council Decision (EU) 2019/476 (OJ L 80 I, 22 March 2019, p.1) and European Council Decision (EU) 2019/584 (OJ L 101, 11 April 2019, p.1), the Treaties of the European Union ("the Treaties") were due to cease to apply to the United Kingdom at 11.00 p.m. on 31st October 2019.

On 29th October 2019 a further extension of the period in Article 50(3) was agreed between the United Kingdom and the European Council (European Council Decision (EU) 2019/1810, OJ. L 278 I, 30 October 2019, p. 1). As a result, the Treaties will instead cease to apply to the United Kingdom at 11.00 p.m. on 31st January 2020.

Regulation 2 amends the definition of "exit day" in section 20(1) and (2) of the 2018 Act to ensure that it reflects the new day and time that the Treaties cease to apply to the United Kingdom in light of the further extension.

(1)

"The Treaties" has the meaning given in section 20(5) of the European Union (Withdrawal) Act 2018 (c. 16).

(2)

2018 c. 16. The definition of "exit day" in section 20(1) and (2) was amended by regulation 2 of S.I. 2019/718 and regulation 2 of S.I. 2019/859.

(3)

Section 20(4) of the European Union (Withdrawal) Act 2018 (which provides for regulations to be made amending the definition of exit day) was amended by section 4 of the European Union (Withdrawal) (No. 2) Act 2019 (c. 26). Paragraph 14 of Schedule 7 (procedure for regulations amending the definition of "exit day") to the European Union (Withdrawal) Act 2018 (c. 16) was amended by section 2 of the European Union (Withdrawal) Act 2019 (c. 16).


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