(Title Image: Cardiff University)
Regulations needed to repeal the Continuity Act – submitted by the Finance Secretary, Mark Drakeford (Lab, Cardiff West) – are set to come into force on October 3rd 2018 following a Constitutional Affairs Committee report yesterday.
The Continuity Act (formal title: Law Derived from the European Union Act) was passed in March 2018. The Act effectively retained EU powers in devolved areas with the Senedd.
However, following an agreement between the UK and Welsh governments in April 2018 – the Welsh delegation being led by the Finance Secretary – the Welsh Government agreed to repeal the Act.
A similar Act was passed by the Scottish Parliament and is currently subject to a Supreme Court hearing.
The inter-governmental agreement will see some EU powers temporarily retained by the UK Government until no later than 2026 or until pan-UK solutions are found. Any changes to Welsh law resulting from this process will also require the permission of the Senedd.
In the explanatory memorandum (pdf), the Finance Secretary says that the Welsh Government respects the result of the 2016 referendum and that the Continuity Act was a fallback option should negotiations with the UK Government have been unsuccessful.
The regulations were introduced on June 8th, and AMs had 60 days to comment on the regulations.