The Law Society Gazette reported on 17th October that the UK government has pledged to not use “Henry VIII” powers to make Brexit legislation after a public law charity threatened legal action. This followed a statutory instrument was laid empowering officials to amend VAT or customs and excise law by public notice following Brexit. Henry VIII clauses in a bill enable ministers to amend or repeal provisions in an act of parliament using secondary legislation, by way of statutory instruments. The Public Law Project argued that the Cross-border Trade (Public Notices) (EU Exit) Regulations 2019 went beyond the powers of its parent act, the Taxation (Cross-border Trade) Act 2018, and it is said that the government has treated the regulations as ‘revoked with immediate effect’.
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