Anyone read the European Union (Notification of Withdrawal) Act 2017?
This is what it says:
European Union (Notification of Withdrawal) Act 2017
2017 CHAPTER 9
An Act to confer power on the Prime Minister to notify, under Article 50(2) of the Treaty on European Union, the United Kingdom's intention to withdraw from the EU.
[16th March 2017]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1Power to notify withdrawal from the EU
(1)The Prime Minister may notify, under Article 50(2) of the Treaty on European Union, the United Kingdom's intention to withdraw from the EU.
(2)This section has effect despite any provision made by or under the European Communities Act 1972 or any other enactment.
2 Short title
This Act may be cited as the European Union (Notification of Withdrawal) Act 2017.
I have underlined 3 words under section (2) "any other enactment". Does this mean that the statutory instrument passed by parliament on Thursday 28 March is unlawful? Surely that is an "other enactment". I also can't see anywhere in the original act that there is a provision to extend ( but that is a different argument).
As I don't live in Europe I don't have an axe to grind on the UK membership one way or the other, I'm raising this point as I was asked about it by by a student of my wife's. He is studying Law and for his Masters he is covering EU law. He noticed this and asked me about it as he felt those 3 words at the end of the bill meant that nothing could stop the UK leaving on the 29th March, extension or otherwise.
I think there are one or two lawyers who post here and hope they can enlighten me, so I can pass that information on to him (apparently under Brazilian law similar wording (in Portuguese) is often used to stop changes being made to the law, other than by passing a new act through both our houses of government and not by Presidential decree.