OpenLegislation

The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111188545

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2Cessation of freedom of establishment
  3. 3Cessation of free movement of services
  4. 4Cessation of discrimination on the grounds of nationality
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019 and come into force on exit day.

2Cessation of freedom of establishment

(1)

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)

continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018; and

(b)

are derived (directly or indirectly) from—

(i)

Article 49 of the Treaty on the Functioning of the European Union;

(ii)

Article 31 of the EEA Agreement;

(iii)

Article 4 of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons signed at Luxembourg on 21st June 1999f1;

(iv)

Article 13 of the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara on 12th September 1963 and Article 41 of the additional Protocol to that Agreement signed at Brussels on 23rd November 1970f2,

cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

(2)

But the cessation of the rights, powers, liabilities, obligations, restrictions, remedies and procedures set out at paragraph (1)(b)(iii) and (iv) does not apply to any matter which falls within the interpretation, application or operation of the Immigration Acts.

3Cessation of free movement of services

(1)

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)

continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018; and

(b)

are derived (directly or indirectly) from—

(i)

Articles 56 and 57 of the Treaty on the Functioning of the European Union;

(ii)

Articles 36 and 37 of the EEA Agreement;

(iii)

Article 5 of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons signed at Luxembourg on 21st June 1999;

(iv)

Article 14 of the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara on 12th September 1963 and Article 41 of the additional Protocol to that Agreement signed at Brussels on 23rd November 1970,

cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

(2)

But the cessation of the rights, powers, liabilities, obligations, restrictions, remedies and procedures set out at paragraph (1)(b)(iii) and (iv) does not apply to any matter which falls within the interpretation, application or operation of the Immigration Acts.

4Cessation of discrimination on the grounds of nationality

The prohibitions on the grounds of nationality which—

(a)

continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018; and

(b)

are derived from—

(i)

Article 18 of the Treaty on the Functioning of the European Union;

(ii)

Article 4 of the EEA Agreement;

(iii)

Article 2 of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons signed at Brussels on 21st June 1999; and

(iv)

Article 9 of the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara on 12th September 1963 and Article 41 of the additional Protocol to that Agreement signed at Brussels on 23rd November 1970,

so far as they relate to the cessation effected by regulations 2(1)(b) and 3(1)(b), cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

Signature

Name

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union (“the EU”). The deficiencies fall within section 8(2)(a), (c) and (e) and 8(3)(a) of that Act.

These Regulations provide that certain provisions on freedom of establishment (regulation 2) and the free movement of services (regulation 3), which continue as directly effective rights in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018, should cease. Those provisions derive from the Treaty on the Functioning of the EU, the Agreement on the European Economic Area, the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons and the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara and subsequent Protocols (“the Ankara Agreement”). The cessation of the provisions on freedom of establishment and free movement of services in the Swiss Agreement and the Ankara Agreement do not apply in relation to matters which fall within the application or operation of the Immigration Acts.

Regulation 4 provides that the prohibitions on the grounds of nationality in the agreements listed at regulations 2 and 3 also cease to be recognised so far as those prohibitions relate to the cessation of the provisions on freedom of establishment and free movement of services.

An impact assessment has not been published for this instrument as it has no or no significant impact on the private, public and voluntary sectors.