The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 3) Regulations 2020

Statutory Instruments

2020 No. 518 (C. 22)

Exiting The European Union

The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 3) Regulations 2020

Made

18th May 2020

The Minister for the Cabinet Office, in exercise of the powers conferred by section 42(7) of the European Union (Withdrawal Agreement) Act 2020(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the European Union (Withdrawal Agreement) Act 2020 (Commencement No. 3) Regulations 2020.

Appointed day

2.  The following provisions of the European Union (Withdrawal Agreement) Act 2020 come into force on the day after the day on which these Regulations are made—

(a) section 7 (rights related to residence: application deadline and temporary protection);

(b) section 8 (frontier workers);

(c) section 9 (restrictions of rights of entry and residence);

(d) section 12 (recognition of professional qualifications);

(e) section 13 (co-ordination of social security systems);

(f) section 14 (non-discrimination, equal treatment and rights of workers etc.);

(g) section 18 (main power in connection with other separation issues);

(h) section 19 (powers corresponding to section 18 involving devolved authorities);

(i) section 21 (main power in connection with Ireland/Northern Ireland Protocol);

(j) section 22 (powers corresponding to section 21 involving devolved authorities);

(k) section 23 (protection for certain rights, safeguards etc. in Belfast Agreement) so far as it relates to paragraph 5 of Schedule 3;

(l) section 26(1)(d) (interpretation of retained EU law and relevant separation agreement law);

(m) section 28 (ancillary fee-charging powers);

(n) section 41(4) and (6) (consequential and transitional provision etc.) so far as relating to any provision so far as it falls within paragraph (p);

(o) Schedule 1 (powers of devolved authorities under sections 12, 13 and 14);

(p) the following provisions of Schedule 5 (consequential and transitional provision etc.) to the extent they are not already in force —

(i) paragraph 51;

(ii) paragraph 52(2);

(iii) paragraph 56(6)(a);

(iv) paragraph 56(7)(b) except so far as it relates to the making of regulations under Part 1 of Schedule 2 to the European Union (Withdrawal) Act 2018(2); and

(v) paragraph 64.

Michael Gove

Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office

Cabinet Office

18th May 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the European Union (Withdrawal Agreement) Act 2020 have been brought into force by commencement regulations made before the date of these Regulations.

Provision	Date of Commencement	S.I. No.
Section 1	Exit day(3)	2020/75
Section 2	Exit day	2020/75
Section 5	Exit day	2020/75
Section 6	Exit day	2020/75
Section 10	Exit day	2020/75
Section 15(1) and (2)	Exit day	2020/75
Section 15(3) (partially)	Exit day	2020/75
Section 15(3) (partially)	19 March 2020	2020/317
Section 25(4)(b) and (6)(a) (partially)	Exit day	2020/75
Section 26(1)(a) (partially)	Exit day	2020/75
Section 26(2)	Exit day	2020/75
Section 27	Exit day	2020/75
Section 41(4) (partially)	Immediately before exit day	2020/75
Section 41(4) and (6) (partially)	Exit day	2020/75
Paragraphs 1 to 13 of Schedule 2	Exit day	2020/75
Paragraphs 14 to 17 of Schedule 2	19 March 2020	2020/317
Paragraph 18 of Schedule 2	Exit day	2020/75
Paragraph 19 of Schedule 2	Exit day	2020/75
Paragraphs 20 and 21 of Schedule 2	19 March 2020	2020/317
Paragraph 22(3) of Schedule 2 (partially)	19 March 2020	2020/317
Paragraph 32 of Schedule 2	19 March 2020	2020/317
Paragraph 34 of Schedule 2	Exit day	2020/75
Paragraph 41 of Schedule 2	Exit day	2020/75
Paragraph 5 of Schedule 3	23 March 2020	2020/317
Paragraph 1(1) and (2) of Schedule 5	Immediately before exit day	2020/75
Paragraph 3(1) of Schedule 5	Exit day	2020/75
Paragraph 7(c) of Schedule 5	Exit day	2020/75
Paragraph 11 of Schedule 5	Exit day	2020/75
Paragraph 12(c) of Schedule 5	Exit day	2020/75
Paragraph 18 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 19 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 23 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 25 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 28 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 29 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 33 of Schedule 5	Exit day	2020/75
Paragraph 35 of Schedule 5	Exit day	2020/75
Paragraph 36(c) of Schedule 5	Exit day	2020/75
Paragraph 37(d) of Schedule 5	Exit day	2020/75
Paragraph 40(1), (2) and (5) of Schedule 5	Exit day	2020/75
Paragraph 43 of Schedule 5	Exit day	2020/75
Paragraph 44(2)(b), (c) and (f) to (h) and (4) of Schedule 5	Exit day	2020/75
Paragraph 45 of Schedule 5	Exit day	2020/75
Paragraph 46 of Schedule 5	Exit day	2020/75
Paragraph 47(3) and (5) of Schedule 5	Exit day	2020/75
Paragraph 48(1), (2) and (4) of Schedule 5	Exit day	2020/75
Paragraph 49 of Schedule 5	Exit day	2020/75
Paragraph 51 of Schedule 5 (partially)	Exit day	2020/75
Paragraph 53(5), (7)(b) and (8)(b) of Schedule 5	Exit day	2020/75
Paragraph 55(1) and (2) of Schedule 5	Exit day	2020/75
Paragraph 56(7)(a) of Schedule 5 (partially)	Exit day	2020/75
Paragraphs 58 to 62 of Schedule 5	Exit day	2020/75
Paragraph 63 of Schedule 5	Exit day	2020/75

(1)

2020 c. 1.

(2)

2018 c.16.

(3)

“Exit day” is defined in Schedule 1 of the Interpretation Act 1978 (c.30) by reference to section 20 of the European Union (Withdrawal) Act 2018 (c.16) and means 31 January 2020 at 11.00pm.