Explanatory note

These Regulations bring into force provisions of the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the Act”) on the day after the day on which these Regulations are made. These are the third commencement regulations made under the Act.

Regulation 2(a) to (f) brings into force various regulation-making powers in Part 3 of the Act, which relate to the implementation of the Citizens’ Rights part of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (“the Withdrawal Agreement”), the EEA EFTA separation agreement and the Swiss citizens’ rights agreement.

Regulation 2(g) brings into force section 18 of the Act, which inserts a new section 8B into the European Union (Withdrawal Act) 2018 (c.16) (“EUWA”) to provide a regulation-making power to implement the separation provisions contained in the Withdrawal Agreement and the EEA EFTA separation agreement.

Regulation 2(h) brings into force section 19 of the Act, which inserts a new Part 1B into Schedule 2 to EUWA to provide a regulation-making power for devolved authorities to implement the separation provisions contained in the Withdrawal Agreement and the EEA EFTA separation agreement.

Regulation 2(i) brings into force section 21 of the Act, which inserts a new section 8C into EUWA to provide a regulation-making power to implement the Protocol on Ireland/Northern Ireland contained in the Withdrawal Agreement (“the Protocol”).

Regulation 2(j) brings into force section 22 of the Act, which inserts a new Part 1C into Schedule 2 to EUWA to provide a regulation-making power for devolved authorities to implement the Protocol.

Regulation 2(k) brings into force section 23 of the Act so far as it relates to paragraph 5 of Schedule 3 to the Act.

Regulation 2(l) brings into force section 26(1)(d) of the Act which inserts a new subsection (5A) into section 6 EUWA to provide a regulation-making power to prescribe relevant courts and tribunals that can depart from retained EU case law, the test to be applied and other considerations which are relevant to the court or tribunal applying that test.

Regulation 2(m) brings into force section 28 of the Act, which amends Part 1 of Schedule 4 to EUWA, which provides a regulation-making power for the charging of fees or other charges in connection with certain purposes.

Regulation 2(n) brings into force section 41(4) and (6) of the Act, for the purposes of those provisions commenced under Regulation 2(p).

Regulation 2(o) brings into force Schedule 1 to the Act which relates to the devolved authorities’ competence to exercise the powers contained in sections 12, 13 and 14 of the Act.

Regulation 2(p) brings into force paragraphs 51, 52(2), 56(6)(a), 56(7)(b) (partially) and 64 of Schedule 5 to the Act, which relate to various consequential and transitional provisions, to the extent they are not already in force.