By section 3(1) of the the European Union (Withdrawal) (No 2) Act 2019 the Prime Minister “must, immediately after such a decision [to extend] is made, notify the President of the European Council that the United Kingdom agrees to the proposed extension.”
It is not *entirely* clear to me that the Prime Minister has taken this step: the only letter he has written accepts the draft decision.
There has since been a formal decision (eur-lex.europa.eu/legal-content/…) which does not appear to have been accepted.
By section 1 of the European Union (Withdrawal) (No 2) Act 2019 the European Communities Act 1972 is repealed on “exit day”.
By section 20 of that Act “exit day” can be amended by regulations which, by subsection (4) as amended, “must” be made “to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply in the to the United Kingdom.”
No regulations have yet been made. We wrote to the Government this morning asking about these regulations and have yet to receive a reply. I am aware that journalists are also being fobbed off by the Government.
In the circumstances, we are seeking an urgent hearing before the Inner House and are instructing Counsel to appear.
We have just been told by the Government that the relevant European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No.3) Regulations 2019 were made today and will be published shortly.
And here, via @StevePeers, they are legislation.gov.uk/uksi/2019/1423…
