Quote:
Originally Posted by jfman
The original Withdrawal Act doesn’t mean we leave, it only transposes EU legislation into UK law and claims we aren’t signatory to a Treaty that in reality we are.
If the UK and EU agree an extension the reality is we remain. For the Government to extend (with the EU) and not amend exit day in the Act simply means we could get legal challenges. It doesn’t mean we leave on the 31st October.
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EU directives are already in UK law, Each EU nation has to do that. The transposing of EU rules has already been done.
The WA doesn't start until after we leave.
From Explainer on WA.
Quote:
3. The Withdrawal Agreement provides for:
...
c. a time-limited implementation period that provides certainty to
businesses and individuals and ensures they only have to adjust to
one set of changes in line with the future relationship with the EU;
...
15. The Bill must pass before the UK leaves the EU on 29 March 2019 in order
for the Withdrawal Agreement to have domestic legal effect and for the Government
to ratify the Withdrawal Agreement. The UK’s future relationship with the EU, which
will not be finalised until after the UK’s exit from the EU, will be implemented as
necessary in separate legislation.
16. The Withdrawal Agreement will also be subject to the provisions of the
Constitutional Reform and Governance Act (CRaG) 2010. Following this, the treaty
will be ratified, and can enter into force.
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The "extensions" constantly referred to, are the start date of the WA, not the end date. There would become a point in time where any time extensions to the WA, would mean it was no longer a transitional, unambiguously limited in time agreement, and no further extension would be legal, even under EU law.