European Union (Withdrawal Agreement) Act 2020

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU.
Citation	2020 c. 1
Introduced by	Steve Barclay, Brexit Secretary (Commons) Earl of Courtown, Government Deputy Chief Whip (Lords)
Territorial extent	United Kingdom Primarily section 1 only: Isle of Man Jersey Guernsey Gibraltar Other provisions There is a power to make Regulations with extraterritorial effect in pursuance of 1971 c.77 (s.36) and 2007 c.30 (s.60(4)) under s.42(4)- this excludes Gibraltar. s.42(2): "Any provision of this Act which amends or repeals an enactment has the same extent as the enactment amended or repealed." s.42(5): "Paragraphs 1 and 2 of Schedule 5, so far as they relate to the modification of any provision in subordinate legislation which extends outside [the UK] also extend there"
Dates
Royal assent	23 January 2020
Commencement	31 January 2020
Other legislation
Amends	European Union (Withdrawal) Act 2018 Immigration Act 1971
Repeals/revokes	European Union (Withdrawal) Act 2019 European Union (Withdrawal) (No. 2) Act 2019
Relates to	European Union Referendum Act 2015 European Union (Notification of Withdrawal) Act 2017 Nuclear Safeguards Act 2018 United Kingdom Internal Market Act 2020
Status: Amended
History of passage through Parliament
Records of Parliamentary debate relating to the statute from Hansard
Text of statute as originally enacted
Revised text of statute as amended

Part of a series of articles on
Brexit
Withdrawal of the United Kingdom from the European Union Glossary of terms
Background European Communities Act 1975 EC membership referendum UK rebate Bruges speech No. No. No. Maastricht Rebels Black Wednesday European Union (Amendment) Act 2008 European Union Act 2011 UK opt-outs from EU legislation Euroscepticism in the UK UK opinion polling on EU membership Campaigns for a referendum People's Pledge Labour for a Referendum Bloomberg speech In or Out 2013–14 EU (Referendum) Bill (unsuccessful) 2014 European Parliament election 2014 UK Parliament by-elections Clacton Heywood and Middleton Rochester and Strood 2015 UK general election 2015–16 EU membership renegotiation
2016 EU referendum EU Referendum Act (Gibraltar) EU Referendum (Date of Referendum etc.) Regulations EU Referendum (Conduct) Regulations Issues Endorsements Opinion polling UK Government pro-EU leaflet Campaigns Leave campaigns Vote Leave (official) Business for Britain Conservatives for Britain BeLeave Leave.EU Bpoplive The Freedom Association Better Off Out Grassroots Out Labour Leave Get Britain Out Bruges Group Campaign for an Independent Britain Brexit: The Movie Remain campaigns Britain Stronger in Europe (official) Labour In for Britain European Movement UK Britain in Europe British Influence Business for New Europe Nucleus Project Fear Outcome Results Causes for result International reactions Immediate aftermath 2016 Conservative Party election 2016 Labour Party election 2016 UKIP election Department for Exiting the EU Department for International Trade Allegations of unlawful campaigning Alleged Russian interference
Notice of withdrawal Article 50 process Miller case (Article 50) EU (Notification of Withdrawal) Act 2017 Brexit plan Repeal Bill plan 2017 UK general election
Negotiations Negotiation positions EU negotiation mandate Chequers agreement Timeline: 2017, 2018, 2019 2019 European Parliament election 2019 UK general election
Withdrawal agreement Brexit divorce bill Fish for finance Irish backstop No-deal Brexit Northern Ireland Protocol Northern Ireland Protocol Bill Windsor Framework
Legislation Withdrawal Act 2018 (Gibraltar) Nuclear Safeguards Act 2018 Cooper–Letwin Act Benn Act 2019 suspension of rebel Conservative MPs Public Vote Bill (not passed) Terms of Withdrawal Bills (not passed) Scottish EU Continuity Bill (blocked) Withdrawal Agreement Act (Gibraltar) Scottish EU Continuity Act Internal Market Act EU (Future Relationship) Act Retained EU Law (Revocation and Reform) Bill
Impact Impact on the Irish border Good Friday Agreement Impact on the EU Economic effects Effects on Gibraltar Scientific cooperation Retained EU law 2021 Jersey dispute
EU–UK relations Relations pre- and post-Brexit EU–UK trade negotiation EU–UK Trade and Cooperation Agreement (TCA) Partnership Council Relations with EU member states Austria Belgium Bulgaria Croatia Cyprus Akrotiri and Dhekelia Czech Republic Denmark Estonia France Germany Greece Hungary Ireland Ireland–UK border British–Irish Council North/South Ministerial Council Italy Lithuania Malta Netherlands Poland Portugal Romania Slovakia Spain Status of Gibraltar Gibraltar–Spain border Sweden Conjectured EEA membership
Opposition Post-referendum opinion polling New initiatives Change Britain More United Open Britain The New European Unite to Remain Led By Donkeys Revoke Article 50 petition Postcards from the 48% Proposed second Scottish independence referendum Calls for a second referendum People's Vote Britain for Europe European Movement UK For our Future's Sake Healthier IN the EU InFacts Open Britain Our Future Our Choice Scientists for EU Other organisations Best for Britain Bollocks to Brexit Change UK Liberal Democrats Right to Vote
Timeline Bloomberg speech Jan 2013 Referendum Bill blocked Jan 2014 European Parliament election May 2014 2015 general election May 2015 Renegotiation begins Jun 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 David Cameron resigns as PM Jul 2016 Theresa May becomes PM Jul 2016 Article 50 judgement Jan 2017 Brexit plan presented Feb 2017 Notification Act passed Mar 2017 Article 50 invoked Mar 2017 Repeal Bill plan presented Mar 2017 2017 general election Jun 2017 Brexit negotiations begin Jun 2017 Withdrawal Act passed Jun 2018 Chequers plan presented Jul 2018 Withdrawal agreement plan presented July 2018 Withdrawal agreement released Nov 2018 Scottish Continuity Bill blocked Dec 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Theresa May resigns as PM Jul 2019 Boris Johnson becomes PM Jul 2019 Prorogation and annulment Aug–Sep 2019 Benn Act passed Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 Agreement Act passed Jan 2020 UK leaves the European Union Jan 2020 Implementation period begins Jan 2020 UK–EU trade deal agreed Dec 2020 Future Relationship Act passed Dec 2020 Scottish Continuity Act passed Dec 2020 Implementation period ends Dec 2020 New EU–UK relationship begins Jan 2021 UK–EU trade deal ratified Apr 2021 Windsor Framework released Feb 2023 Windsor framework adopted Mar 2023
EU portal  UK portal
v t e

Constitutional documents and events relevant to the status of the United Kingdom and its countries
List per year Treaty of Union 1706 Acts of Union 1707 Succession to the Crown Act 1707 1707 Septennial Act 1716 Wales and Berwick Act 1746 Constitution of Ireland (1782) 1782 Acts of Union 1800 1800 HC (Disqualifications) Act 1801 1801 Reform Act 1832 1832 Scottish Reform Act 1832 1832 Irish Reform Act 1832 1832 Judicial Committee Act 1833 1833 Judicial Committee Act 1843 1843 Judicial Committee Act 1844 1844 Representation of the People Act 1867 1867 Reform Act (Scotland) 1868 1868 Reform Act (Ireland) 1868 1868 Irish Church Act 1869 Royal Titles Act 1876 1876 Appellate Jurisdiction Act 1876 Reform Act 1884 1884 Interpretation Act 1889 1889 Parliament Act 1911 Aliens Restriction Act 1914 Status of Aliens Act 1914 1914 Government of Ireland Act 1914 1914 Welsh Church Act 1914 Royal Proclamation of 1917 1917 Representation of the People Act 1918 1918 Church of England Assembly (Powers) Act 1919 Government of Ireland Act 1920 Anglo-Irish Treaty 1921 Church of Scotland Act 1921 1921 Irish Free State (Agreement) Act 1922 Irish Free State Constitution Act 1922 Ireland (Confirm. of Agreement) Act 1925 1925 Balfour Declaration of 1926 1926 Royal and Parliamentary Titles Act 1927 Representation of the People Act 1928 1928 Eire (Confirmation of Agreement) Act 1929 1929 Statute of Westminster 1931 HM Declaration of Abdication Act 1936 1936 Regency Act 1937 1937 Regency Act 1943 1943 British Nationality Act 1948 1948 Representation of the People Act 1948 1948 Ireland Act 1949 1949 Statute of the Council of Europe 1949 Parliament Act 1949 1949 Regency Act 1953 1953 Royal Titles Act 1953 1953 European Convention on Human Rights 1953 Interpretation Act (NI) 1954 HC Disqualification Act 1957 1957 Life Peerages Act 1958 Commonwealth Immigrants Act 1962 1962 Peerage Act 1963 Royal Assent Act 1967 Commonwealth Immigrants Act 1968 1968 Immigration Act 1971 EC Treaty of Accession 1972 NI (Temporary Provisions) Act 1972 European Communities Act 1972 Local Government Act 1972 UK joins the European Communities 1973 Local Government (Scotland) Act 1973 NI border poll 1973 NI Constitution Act 1973 House of Commons Disqualification Act 1975 Referendum Act 1975 EC membership referendum 1975 Interpretation Act 1978 Scotland Act 1978 1978 Wales Act 1978 1978 Scottish devolution referendum 1979 Welsh devolution referendum 1979 British Nationality Act 1981 Representation of the People Act 1983 1983 Representation of the People Act 1985 1985 Single European Act 1985 Maastricht Treaty 1993 Local Government (Wales) Act 1994 Local Government etc. (Scotland) Act 1994 Referendums (Scotland & Wales) Act 1997 Scottish devolution referendum 1997 Welsh devolution referendum 1997 Good Friday Agreement 1998 Northern Ireland Act 1998 Government of Wales Act 1998 Human Rights Act 1998 Scotland Act 1998 House of Lords Act 1999 Representation of the People Act 2000 2000 Parties, Elections and Referendums Act 2000 Constitutional Reform Act 2005 Government of Wales Act 2006 2006 Northern Ireland Act 2009 2009 Lisbon Treaty 2009 Constitutional Reform and Governance Act 2010 Parl. Voting System and Constituencies Act 2011 Welsh devolution referendum 2011 Alternative Vote referendum 2011 European Union Act 2011 2011 Fixed-term Parliaments Act 2011 Scotland Act 2012 2012 Succession to the Crown Act 2013 2013 Scottish independence referendum 2014 House of Lords Reform Act 2014 Wales Act 2014 2014 HL (Expulsion and Suspension) Act 2015 Recall of MPs Act 2015 European Union Referendum Act 2015 EU membership referendum 2016 Scotland Act 2016 2016 Wales Act 2017 2017 EU (Notification of Withdrawal) Act 2017 Invocation of Article 50 2017 European Union (Withdrawal) Act 2018 EU Withdrawal Act 2019 2019 EU Withdrawal (No. 2) Act 2019 Early Parliamentary General Election Act 2019 EU (Withdrawal Agreement) Act 2020 UK leaves the European Union 2020 EU (Future Relationship) Act 2020 Dissolution and Calling of Parliament Act 2022
v t e

This article is part of a series on
Politics of the European Union
Member states (27)  Austria  Belgium  Bulgaria  Croatia  Cyprus  Czech Republic  Denmark  Estonia  Finland  France  Germany  Greece  Hungary  Ireland  Italy  Latvia  Lithuania  Luxembourg  Malta  Netherlands  Poland  Portugal  Romania  Slovakia  Slovenia  Spain  Sweden Candidate countries Albania Bosnia and Herzegovina Georgia Moldova Montenegro North Macedonia Serbia Ukraine Accession negotiations suspended countries Turkey Applicant countries Kosovo Special territories Belgium–Germany relations France–Germany relations Germany–Netherlands relations EU 3 Withdrawal from the European Union
Treaties and Declarations Schuman Declaration (1950) Treaty of Paris (1951) Europe Declaration (1951) Treaty of Rome (1957) Euratom Treaty (1957) Merger Treaty (1965) Solemn Declaration (1983) Single European Act (1986) Maastricht Treaty (1992) Treaty of Amsterdam (1997) Treaty of Nice (2001) Berlin Declaration (2007) Treaty of Lisbon (2007) Article 7 Article 50 Opt-outs Treaties of accession 1972, 1979, 1985, 1994, 2003, 2005, 2011 Treaties of succession 1984, 2020 Other treaties Schengen Agreement (1985) European Economic Area Agreement (1992) Abandoned treaties and agreements European Constitution (2004) UK membership renegotiation (2015–2016)
Executive institutions European Council President: Michel (ALDE) Parties List of meetings European Commission Von der Leyen Commission President: Von der Leyen (EPP) Vice Presidents College of Commissioners Civil Service Secretary-General: Juhansone
Legislative institutions Legislative procedure Council of the EU Presidency  Belgium (January–June 2024) Configurations GAC FAC ECOFIN Eurogroup AGRIFISH EPSCO COMPET TTE ENVI JHA EYC Voting Secretariat Secretary-General: Thérèse Blanchet Directorates-general COREPER European Parliament (Members) President: Metsola Largest groups EPP (Manfred Weber) S&D (Iratxe García) Member of the European Parliament 9th session (2019–2024) Bureau Vice Presidents Quaestor Conference National parliaments
Judicial institutions Court of Justice of the EU European Court of Justice Members Advocates General Rulings General Court
Auditory institutions European Court of Auditors European Court of Auditors Other auditory bodies Internal Audit Service of the Commission Committee on Budgetary Control of the Parliament Economic and Financial Affairs configuration of the Council Anti-Fraud Office Public Prosecutor's Office
European Central Bank President Lagarde ESCB EMU Euro banknotes Euro coins
Other bodies European Investment Bank Group Investment Bank Investment Fund EIB Institute European Stability Mechanism European Stability Mechanism European University Institute European University Institute Unified Patent Court Unified Patent Court Agencies, decentralised independent bodies and joint undertakings Decentralised agencies of the EU Single market agencies CFSP agencies AFSC agencies ESFS European Supervisory Authorities SRM bodies Executive agencies of the EU Euratom agencies Decentralised independent bodies of the EU European Institute of Innovation and Technology European Public Prosecutor's Office Corporate bodies of the EU European Data Protection Board Authority for European Political Parties and European Political Foundations Joint undertakings of the EU of the Euratom Other independent bodies European Data Protection Supervisor European Ombudsman Advisory bodies European Committee of the Regions European Economic and Social Committee Political and Security Committee European Union Military Committee EU/ESA Space Council Inter-institutional bodies Publications Office of the European Union European External Action Service European Personnel Selection Office Anti-Fraud Office European Administrative School
Euratom Euratom members  Austria  Belgium  Bulgaria  Croatia  Cyprus  Czech Republic  Denmark  Estonia  Finland  France  Germany  Greece  Hungary  Ireland  Italy  Latvia  Lithuania  Luxembourg  Malta  Netherlands  Poland  Portugal  Romania  Slovakia  Slovenia  Spain  Sweden Associated states  Switzerland  United Kingdom Nuclear power in the European Union
Economic and Monetary Union Eurozone members Austria Belgium Croatia Cyprus Estonia Finland France Germany Greece Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Portugal Slovakia Slovenia Spain Eurogroup President Paschal Donohoe Other currencies in use Bulgarian lev Czech koruna Danish krone Hungarian forint Polish złoty Romanian leu Swedish krona ERM II Enlargement of the eurozone Non Euro countries relationship to Euro Bulgaria Czechia Denmark Hungary Poland Sweden Romania
Schengen Area  Austria  Belgium  Croatia  Czech Republic  Denmark  Estonia  Finland  France  Germany  Greece  Hungary  Italy  Latvia  Lithuania  Luxembourg  Malta  Netherlands  Poland  Portugal  Slovakia  Slovenia  Spain  Sweden Non-EU members  Iceland  Liechtenstein  Norway  Switzerland Prüm Convention Schengen Information System Visa Information System Visa policy of the Schengen Area Non-Schengen area EU member states  Bulgaria  Cyprus  Ireland (Opt-out)  Romania
European Economic Area EEA members Austria Belgium Bulgaria Croatia (provisional member) Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden Non-EU members  Iceland  Liechtenstein  Norway Topics EEA Joint Committee EEA National Identity cards Microstates and the European Union
Elections 1979, 1984, 1989, 1994 1999, 2004, 2009, 2014 2019 (last election) European political parties Constituencies Elections in EU member states Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden Referendums relating to the EU
Law Acquis Primacy (ECJ Case 6/64) Subsidiarity Regulation Directive Decision Recommendation Fundamental Rights
Policies and issues Budget Customs Union Free Trade Agreements European Single Market Area of FS&J Policies Agricultural Energy Fisheries Regional Citizenship Passports of the European Union Identity Pro-Europeanism Euroscepticism European banking union European Banking Supervision Single Resolution Mechanism Capital Markets Union European System of Financial Supervision Integration Supranationalism United States of Europe Multi-speed Europe Enhanced co-op
Foreign relations High Representative Josep Borrell Ext. Action Service Foreign Policy Defence Policy Foreign relations of EU member states Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden Argentina–European Union relations Armenia–European Union relations Australia–European Union relations Brazil–European Union relations Canada–European Union relations China–European Union relations European Union–NATO relations Georgia–European Union relations Iceland–European Union relations Kazakhstan–European Union relations Japan–European Union relations Mexico–European Union relations Moldova–European Union relations Norway–European Union relations Russia–European Union relations Switzerland–European Union relations Turkey–European Union relations Ukraine–European Union relations United Kingdom–European Union relations (History) Post-Brexit United Kingdom relations with the European Union Brexit United States–European Union relations Common Travel Area (Ireland) Microstates and the European Union European Union and the United Nations European Union Association Agreement G7 G20
Defunct bodies European Communities (1958–1993) European Coal and Steel Community European Economic Community European Community Western European Union Convention on the Future of Europe
European Union portal Other countries
v t e

The European Union (Withdrawal Agreement) Act 2020 (c. 1) is an act of the Parliament of the United Kingdom that makes legal provision for ratifying the Brexit Withdrawal Agreement and incorporating it into the domestic law of the United Kingdom. It is the most significant constitutional piece of legislation to be passed by Parliament of the Second Johnson ministry. The Withdrawal Agreement was the result of Brexit negotiations.^[1]

On 24 July 2018 the Government produced a white paper on the proposed bill and how the legislation would work.^[2] The bill was first introduced^[3] by the government in the second session of the 57th Parliament on 21 October 2019 with the long title "A Bill to Implement, and make other provision in connection with, the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU".^[4] This bill was not further debated after the second reading in the Commons on 22 October 2019 and lapsed on 6 November when parliament was dissolved in preparation for the 2019 general election.

The bill was reintroduced immediately following the general election and was the first bill to be put before the House of Commons in the first session of the 58th Parliament,^[5] with changes from the previous bill, by the re-elected government and, in an unusual procedure, received its first reading before the debate on the Queen's Speech began. The second reading took place on 20 December, and the third on 9 January 2020.

This act was given Royal Assent on 23 January 2020, nine days before the UK left the European Union.

Provisions

The Act provides for the following:

• Provides (introducing a saving) that most provisions (certain provisions which were not repealed with immediate effect) of the 1972 European Communities Act will remain in full legal force and effect, as if they were not yet and never repealed, during an implementation period to last until (by default) 31 December 2020, notwithstanding the repeal of the whole act by the automatic operation of Section 1 (came into force on 17 August 2019) of the European Union (Withdrawal) Act 2018 on 31 January 2020 at 11:00pm.^[6]
• Enshrines the Withdrawal Agreement between the UK and the EU in domestic law including any financial settlement and agreement on citizens' rights.^[1]
• Makes provisions for changes to EU law to be legally binding in the UK during the implementation period (after the UK has left the EU).
• Makes provisions for Parliamentary scrutiny and oversight of the process by primary legislation, instead of secondary legislation under the European Union (Withdrawal) Bill.
• Section 38(1) expressly recognises that the Parliament of the United Kingdom is sovereign, though the effect of this section is debated.^[7]

Legislative history

On 13 November 2017, the Brexit Secretary, David Davis, announced plans for a new bill to enshrine the Withdrawal Agreement, if any, in domestic law by primary legislation. Upon further questioning in the House of Commons, Davis clarified that if MPs chose not to pass the bill, the UK would remain on course to leave the EU on 29 March 2019 without a deal as a consequence of invoking Article 50 in March 2017, after the passing of the European Union (Notification of Withdrawal) Act 2017.^[8]

Described by The Independent as the government "caving in" to Tory rebels, the bill as originally conceived would have allowed MPs to scrutinise any agreement "line-by-line", as well as make amendments.^[9] Conservative MP Steve Baker, writing for The Times, claimed the new bill "gives whatever deal we strike with the EU proper standing in British law" and that it was consistent with the referendum result in providing "more control over how we are governed to the UK Parliament."^[10]

The bill was introduced to Parliament for the first time on 21 October 2019, but lapsed on 6 November with the dissolution of Parliament in preparation for the December 2019 general election.

Following the attainment of a Conservative majority at the election, the bill was revised and reintroduced on 19 December, passing its second reading the following day. The December revision of the bill removed the provisions made in previous versions for parliamentary scrutiny of Brexit negotiations.^[11]

The Withdrawal Agreement Bill passed its third and final reading in the House of Commons on 9 January 2020, with 330 in favour to 231 against.^[12]

On 21 January 2020, the House of Lords passed the bill after approving five amendments to it. However, these amendments were overturned by the House of Commons on the following day.^[13][14]

On 22 January 2020, the bill was passed by the House of Lords without further modifications. It received royal assent by Queen Elizabeth II the following day.^[15][16]