Section 38 Withdrawal Agreement Act

Section 38 Withdrawal Agreement Act

Section 7A resits the wording of the European Communities Act 1972 (which conferred national legal value on EU law during accession), so that directly effective provisions of the Withdrawal Agreement are available and enforceable by law and without further adoption. It is important that, and again, using the same type of remedy to ensure the primacy of EU law during ACCESSION to the EU, paragraph 3 of Section 7A provides that any decree (including a decree contained in the law) must be interpreted taking into account the need to implement and directly enforce effective provisions. This device is intended to protect against tacit repeal by conflicting laws, but leaves open an express repeal by subsequent laws. the day following the expiry of the period provided for in Article 50(3) TEU, extended by the European Council in agreement with the United Kingdom, provided that the depositary of this Agreement has received, before that date, written notifications from the Union and the United Kingdom concerning the conclusion of the necessary internal procedures; Such an agreement may be concluded by any means of communication. 8. Any subsequent agreement between the Union and the United Kingdom shall indicate which parts of this Protocol it replaces. As soon as a subsequent Agreement between the Union and the United Kingdom enters into force after the entry into force of the Withdrawal Agreement, this Protocol shall not apply or enter into force from the date of application of this Agreement and in accordance with the provisions of this Agreement which lay down the effect of this Agreement in this Protocol; in whole or in part as appropriate. . . .