Brexit—key legislation explained

Produced in partnership with Dr. Kieran Laird of Gowling WLG

Practice notes

Brexit

Brexit—key legislation explained

Produced in partnership with Dr. Kieran Laird of Gowling WLG

Practice notes

Brexit

Background—EU law in the UK

Pre-Exit day

The European Communities Act 1972 (ECA 1972) was introduced and intended to give effect to the UK's obligations as a Member State under the relevant EU treaties to comply with EU law.

Under ECA 1972, s 2(1), certain types of EU rights and obligations, which are intended to be directly effective, were given effect in the UK without the need for any further domestic legislation. This included rights in the EU Treaties as well as EU regulations which contain detailed legal Rules.

Other types of EU law were given effect through UK regulations made under ECA 1972, s 2(2), or in some cases through separate Acts of Parliament. This included EU directives which set out broad outcomes or frameworks but which leave it to each Member State to make its own provision to achieve the required legal effect.

In terms of its application in Member States, EU law is ‘supreme’. This means that where there is a conflict between EU law and a Member State’s domestic legislation,

Dr. Kieran Laird

Partner, Gowling WLG

Kieran is an ex-academic with a particular interest in areas where law and politics intersect. He is a partner in Gowling WLG's Public Law & Regulation team and Head of Constitutional Affairs for the firm's Brexit Unit.

Kieran provides advice on the applicability of, and developments in, the statutory and regulatory frameworks governing a number of regulated sectors including energy, qualifications, transport, health, communications, and political lobbying. Kieran advises a range of clients including sector regulators, consumer councils, government departments, other public bodies, major corporates, and small and medium sized enterprises with regard to their respective regulated industries, equalities and human rights duties, EU law and other public law matters.

Jurisdiction(s):

United Kingdom

Key definition:

Brexit definition

What does Brexit mean?

means: (a) the United Kingdom (UK) ceasing to be a member state of the European Union (EU) and/or the European Economic Area (EEA) on exit day; and/or (b) the commencement, end of[ or variation in] any transitional, trading or other arrangements from time to time between: (i) the UK and the EU and/or EEA (including during any implementation period and IP Completion Day); and/or (ii) the UK and any other country, group of countries, international organisation, bloc or body (including the World Trade Organization) in contemplation of or (directly or indirectly) in connection with the UK’s said cessation of membership;

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