PLEASE NOTE THAT THIS INFORMATION IS PROVIDED FOR GUIDANCE ONLY AND SHOULD NOT BE RELIED ON AS LEGAL ADVICE.
European Union and Trade Act 2019
The European Union and Trade Act 2019 (“the 2019 Act”), which was passed on 15 January 2019, was enacted primarily to deal with the consequences of the UK leaving the EU.
The 2019 Act defines “exit day” as 11.00pm on 31 January 2020 and provided for certain EU law and rights to be retained as Manx law on and after exit day.
The 2019 Act also repeals the European Communities (Isle of Man) Act 1973 (“the 1973 Act”) on exit day. The 1973 Act provides the mechanism for the automatic flow of certain EU law into Manx law and includes enabling powers to implement EU law into Manx law.
As the withdrawal agreement negotiations were still ongoing when the 2019 Act was passed, the 2019 Act (as enacted) did not accommodate the terms of the withdrawal agreement. Instead, an enabling power was included in the 2019 Act to enable the implementation of the withdrawal agreement.
European Union and Trade Act 2019 (Withdrawal Agreement) Regulations 2020
The European Union and Trade Act 2019 (Withdrawal Agreement) Regulations 2020 (“the Regulations”) were made under the 2019 Act and implement both the withdrawal agreement and the EEA EFTA separation Agreement into Manx law (so far as these two agreements extend to the Island).
The Regulations amend the 2019 Act to reflect the terms of these two agreements.
The Regulations also insert into the 2019 Act powers to make secondary legislation to further enable the agreements to be implemented domestically.
The UK and the EU have agreed that the UK’s exit from the EU will be followed by a time-limited implementation period, which will last until 11.00pm on 31 December 2020 (“IP completion day”). During the implementation period EU law continues to apply to the UK and (so far as it falls within the scope of Protocol 3) the Island under the terms set out in Part 4 of the withdrawal agreement. As a result, the retention of EU law as Manx law will now take place at the end of the implementation period on IP completion day rather than on exit day.
European Communities (Isle of Man) Act 1973
Despite its repeal by the 2019 Act, the 1973 Act is saved and modified by the Regulations for the purpose of giving effect to Part 4 of the withdrawal agreement.
Until exit day, the purpose of the 1973 Act is to implement EU law as required by the Island’s relationship with the EU. By contrast, during the implementation period, the saved and amended 1973 Act will implement EU law as set out in the withdrawal agreement.
The 1973 Act will cease to have effect on IP completion day.
Owing to their importance and wide ranging scope, the European Union and Trade Act 2019 (Withdrawal Agreement) Regulations 2020 are available on this website alongside the enabling European Union and Trade Act 2019.
For ease of reference the repealed European Communities (Isle of Man) Act 1973 will remain in the “current” area of the website until IP completion day.