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19 July 2018 / Charles Pigott
Issue: 7802 / Categories: Features , Brexit
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Making a new UK

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Legislating for Brexit: Charles Pigott provides a brief overview of the EU Withdrawal Act

  • Charts the progression of each stage of the European Union (Withdrawal) Act 2018.
  • It remains unclear what the UK’s future relationship with the EU will look like.

The first substantive Brexit Act—the European Union (Withdrawal) Act 2018 (EU(W)A 2018)—received royal assent on 26 June 2018. Although it may need some adjustment as negotiations with the EU progress, EU(W)A 2018 will continue to provide the structural repairs needed keep the UK’s legal edifice standing after it leaves the EU.

There is a great deal of detail buried in its 100 or so pages, but the basic architecture of EU(W)A 2018 is fairly easy to discern. It follows a logical progression, outlined below, which has not changed significantly since it was introduced to the Commons last year.

Stage 1

Repeal the European Communities Act 1972

Section 1 of the EU(W)A 2018 provides: ‘The European Communities Act 1972 (ECA 1972) is repealed on exit day.’ Depending on one’s perspective, this short sentence

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
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