The ECA gives direct effect to all EU law and the introduction of a new bill to repeal it will mean the act ceases to apply once ‘Brexit’ occurs. That date has yet to be determined, but will be known once the UK triggers Article 50, which prime minister Theresa May has said will be no later than the end of March 2017.

At the same time the new bill will convert existing EU law into domestic law, while allowing parliament to amend, repeal or improve any law after appropriate scrutiny and debate. David Davis, secretary of state for exiting the EU, said: ‘We will follow the process to leave the EU which is set out in Article 50.

‘The prime minister has been clear that she won’t start the formal negotiations about our exit before the end of the year.

‘As we prepare for those negotiations in Europe, we also need to prepare for the impact of Brexit on domestic law.

‘To ensure continuity, we will take a simple approach. EU law will be transposed into domestic law, wherever practical, on exit day.’

The ECA has meant that if there is a clash between an act of the British Parliament and EU law, EU law prevails. The European Court of Justice (ECJ) has interpreted EU law and delivered judgments that were binding on the UK and other member states. The repeal bill will end ECJ jurisdiction in the UK.

It will also include powers for ministers to make some changes by secondary legislation, giving the government the flexibility to take account of the negotiations with the EU as they proceed.
In addition, it will ensure that the government can establish new domestic regimes in areas where regulation and licensing is currently done at an EU level, and amendments are required to ensure the law operates effectively at a domestic level. The ECA created a power which currently exists for ministers to make secondary legislation to give effect to EU law.