Part 1: Publication of retained direct EU legislation etc.
Things that must or may be published
- To ensure that retained EU law is accessible after exit day, the Act confers various duties and powers on the Queen’s Printer. The Queen’s Printer is an office within The National Archives, responsible for the publication of legislation.
- Sub-paragraph (1) of paragraph 1 therefore provides that the Queen’s Printer is required to make arrangements to ensure each ‘relevant instrument’ which has been published before exit day, and ‘relevant international agreements’, are published in the UK.
- Sub-paragraph (2) defines which instruments and international agreements are classified as ‘relevant’. This covers the EU instruments which could (subject to the application of the Act) have effect in our law after exit day as retained direct EU legislation, and four of the main EU treaties. It is important to note that something being published by the Queen’s Printer does not mean it is part of our law after exit day (though see below and paragraph 2 of Schedule 5 for exceptions from the duty to publish).
- Sub-paragraph (3) allows, but does not require, the Queen’s Printer to publish any decision of or expression of opinion by the European Court, and any other document published by an EU entity.
- Sub-paragraph (4) provides that the Queen’s Printer may publish anything else that the Queen’s Printer considers useful in relation to the other documents published under this section, for example ‘as amended’ versions of retained direct EU legislation which reflect changes made using the deficiencies powers in the Act, or guidance documents.
- Sub-paragraph (5) provides that the Queen’s Printer is not required to publish anything which has been repealed before exit day, or to publish any modifications made on or after exit day.
- Paragraph 2 provides that the Queen’s Printer does not have to publish instruments (including categories or specific parts of instruments) in respect of which they have received a direction from a Minister of the Crown stating that, in the opinion of that Minister, the instrument has not become (or will not become on exit day) retained direct EU legislation. Any direction must be published.
Exceptions from duty to publish
