European Union (Withdrawal Agreement) Act 2020

25 Retention of saved EU law at end of implementation period

(1) In section 2 of the European Union (Withdrawal) Act 2018 (saving for EU-derived domestic legislation)—

(a) in subsection (1) for “exit day”, in both places where it appears, substitute “IP completion day”,

(b) omit subsection (2), and

(c) in subsection (3) after “incorporation)” insert “and section 5A (savings and incorporation: supplementary)”.

(2) In section 3 of that Act (incorporation of direct EU legislation)—

(a) in subsection (1) for “exit day”, in both places where it appears, substitute “IP completion day”,

(b) in subsection (2)(a)—

(i) for “exit day” substitute “IP completion day”,

(ii) before sub-paragraph (i) insert—

“(ai) it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(bi) it neither has effect nor is to have effect by virtue of section 7A or 7B,”,

(iii) at the end of sub-paragraph (i) insert “and”, and

(iv) omit sub-paragraph (ii) and the word “and” at the end of the sub-paragraph,

(c) in subsection (2)(b)—

(i) for “exit day” substitute “IP completion day”, and

(ii) before sub-paragraph (i) insert—

“(ai) it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement,

(bi) it neither has effect nor is to have effect by virtue of section 7A or 7B,”,

(d) in subsection (2)(c) for “exit day” substitute “IP completion day and so far as—

(i) it is applicable to and in the United Kingdom by virtue of Part 4 of the withdrawal agreement, and

(ii) it neither has effect nor is to have effect by virtue of section 7A or 7B”,

(e) in subsection (3) for “exit day”, wherever it appears, substitute “IP completion day”, and

(f) in subsection (5) after “incorporation)” insert “and section 5A (savings and incorporation: supplementary)”.

(3) In section 4 of that Act (saving for rights etc. under section 2(1) of the ECA)—

(a) in subsection (1) for “exit day”, in both places where it appears, substitute “IP completion day”,

(b) in subsection (2)—

(i) after paragraph (a) (and before the “or” at the end of the paragraph) insert—

“(aa) are, or are to be, recognised and available in domestic law (and enforced, allowed and followed accordingly) by virtue of section 7A or 7B,”, and

(ii) in paragraph (b) for “exit day” substitute “IP completion day”, and

(c) in subsection (3) after “incorporation)” insert “and section 5A (savings and incorporation: supplementary)”.

(4) In section 5 of that Act (exceptions to savings and incorporation)—

(a) in subsections (1) to (5) for “exit day”, wherever it appears, substitute “IP completion day”, and

(b) after subsection (6) insert—

“(7) Subsections (1) to (6) and Schedule 1 are subject to relevant separation agreement law (for which see section 7C).”

(5) After section 5 of that Act insert—

“5A Savings and incorporation: supplementary

The fact that anything which continues to be, or forms part of, domestic law on or after IP completion day by virtue of section 2, 3 or 4 has an effect immediately before IP completion day which is time-limited by reference to the implementation period does not prevent it from having an indefinite effect on and after IP completion day by virtue of section 2, 3 or 4.”

(6) In Schedule 1 to that Act (further provision about exceptions to savings and incorporation)—

(a) for “exit day”, wherever it appears, substitute “IP completion day”, and

(b) in paragraph 5(1) for “in accordance with this Act” substitute “by virtue of section 2, 3, 4 or 6(3) or (6) and otherwise in accordance with this Act”.