Great Repeal Bill – Ooh This Uncertainty

In our last two posts, we looked at the Bill's 'Henry VIII powers' and the scrutiny mechanisms proposed for secondary legislation. This post discusses some of the uncertainties which arise from those clauses of the Bill which preserve EU-derived domestic legislation and transpose EU law and rights into domestic law.

First, as previously considered, clause 2(1) provides that 'EU-derived domestic legislation' is to continue 'to have effect in domestic law on and after exit day', notwithstanding the repeal of the ECA by clause 1. The primary purpose is clearly to preserve the statutory instruments (SI's) made under the ECA, and this is done by clause 2(2)(a). Note that the Bill preserves the text of the legislation.