As Brexit negotiations between the EU and the UK continue after the publication of the UK's proposals for the future UK-EU relationship, the UK Government is working on preparations for Brexit. This includes making the orders required to prepare the legal landscape for a post-Brexit future.

Ministerial powers to Brexit-proof the law

To ensure that the UK exits the EU with maximum legal certainty, continuity and control, section 8 of the EU (Withdrawal) Act 2018 confers powers on Ministers to amend EU regulations and EU-derived laws so that they will work post-Brexit, including so-called "Henry VIII" powers to amend primary legislation.

Brexit statutory instruments

The Government recently published the first 24 statutory instruments ("SIs") they propose to make, covering a wide range of topics and identifying certain deficiencies in the law that need to be 'fixed' at the point the UK withdraws from the EU.

For a brief summary on how the powers under the EU (Withdrawal) Act 2018 will work, and a brief overview of some of the first Brexit SIs, see the update we recently posted to our Brexit Hub.