UK GOVERNMENT REVOKES BREXIT REGULATION AFTER JUDICIAL REVIEW THREAT

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’.

https://www.lawgazette.co.uk/news/government-revokes-brexit-regulation-after-judicial-review-threat/5101836.article

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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