Who must act to prevent Brexit on March 29th?












5















As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?




  • Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?


  • Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?


  • Can this be done by phone or does it require physical letters which must be delivered and accepted?











share|improve this question




















  • 1





    It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.

    – origimbo
    7 hours ago
















5















As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?




  • Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?


  • Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?


  • Can this be done by phone or does it require physical letters which must be delivered and accepted?











share|improve this question




















  • 1





    It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.

    – origimbo
    7 hours ago














5












5








5








As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?




  • Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?


  • Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?


  • Can this be done by phone or does it require physical letters which must be delivered and accepted?











share|improve this question
















As I understand it, the EU27 leadership made the UK a conditional offer with various options to extend the Article 50 negotiation period. Who has to act to accept and enact the extension?




  • Can the UK government accept it on behalf of the UK or do they legally need an act of parliament first?


  • Once the UK selects one option, do the EU27 governments have to formally accept it or has this acceptance been given in advance? Do any of the EU27 governments need parliamentary approval before they can act?


  • Can this be done by phone or does it require physical letters which must be delivered and accepted?








united-kingdom brexit article-50






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 7 hours ago









JJJ

4,98622144




4,98622144










asked 9 hours ago









o.m.o.m.

10.1k11840




10.1k11840








  • 1





    It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.

    – origimbo
    7 hours ago














  • 1





    It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.

    – origimbo
    7 hours ago








1




1





It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.

– origimbo
7 hours ago





It's not precisely a conditional offer. The extension until the 12th April is "free", after that there are conditions.

– origimbo
7 hours ago










3 Answers
3






active

oldest

votes


















7














The need an act of parliament. No so much because the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.



The BBC has a nice graph:



Brexit: Next steps






share|improve this answer



















  • 1





    It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

    – Kevin
    7 hours ago






  • 4





    Do not assume that politician's decisions or votes follow logic or are in any way consistent.

    – Aganju
    6 hours ago











  • The legal confusion is that the UK already agreed the extension

    – Caleth
    6 hours ago











  • So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

    – o.m.
    14 mins ago



















6














The European Council has already agreed to both dates so they don’t need to ratify anything any more.



A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.



In both cases, confirmation in writing will be given but that’s just a formality.



Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.



If it is then a May 22nd date will apply to allow all the necessary legislation to be passed.



If not then the UK Government have till April 11th to come up with a new plan or the UK will leave without a deal.






share|improve this answer



















  • 1





    Isn't it April 12th?

    – Denis de Bernardy
    7 hours ago











  • I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

    – o.m.
    11 mins ago



















0














Note that unilateral revocation by simple letter of the Prime Minister remains an option.



(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)






share|improve this answer



















  • 2





    -1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

    – Sjoerd
    6 hours ago











  • That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

    – pjc50
    5 hours ago











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3 Answers
3






active

oldest

votes








3 Answers
3






active

oldest

votes









active

oldest

votes






active

oldest

votes









7














The need an act of parliament. No so much because the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.



The BBC has a nice graph:



Brexit: Next steps






share|improve this answer



















  • 1





    It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

    – Kevin
    7 hours ago






  • 4





    Do not assume that politician's decisions or votes follow logic or are in any way consistent.

    – Aganju
    6 hours ago











  • The legal confusion is that the UK already agreed the extension

    – Caleth
    6 hours ago











  • So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

    – o.m.
    14 mins ago
















7














The need an act of parliament. No so much because the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.



The BBC has a nice graph:



Brexit: Next steps






share|improve this answer



















  • 1





    It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

    – Kevin
    7 hours ago






  • 4





    Do not assume that politician's decisions or votes follow logic or are in any way consistent.

    – Aganju
    6 hours ago











  • The legal confusion is that the UK already agreed the extension

    – Caleth
    6 hours ago











  • So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

    – o.m.
    14 mins ago














7












7








7







The need an act of parliament. No so much because the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.



The BBC has a nice graph:



Brexit: Next steps






share|improve this answer













The need an act of parliament. No so much because the change in the withdrawal act, but because they made a law in the UK which mentions that the UK will leave the EU on March 29. That law needs to be withdrawn or modified. It's unclear ("legal confusion" below) what happens if parliament rejects this.



The BBC has a nice graph:



Brexit: Next steps







share|improve this answer












share|improve this answer



share|improve this answer










answered 8 hours ago









AbigailAbigail

1,950413




1,950413








  • 1





    It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

    – Kevin
    7 hours ago






  • 4





    Do not assume that politician's decisions or votes follow logic or are in any way consistent.

    – Aganju
    6 hours ago











  • The legal confusion is that the UK already agreed the extension

    – Caleth
    6 hours ago











  • So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

    – o.m.
    14 mins ago














  • 1





    It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

    – Kevin
    7 hours ago






  • 4





    Do not assume that politician's decisions or votes follow logic or are in any way consistent.

    – Aganju
    6 hours ago











  • The legal confusion is that the UK already agreed the extension

    – Caleth
    6 hours ago











  • So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

    – o.m.
    14 mins ago








1




1





It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

– Kevin
7 hours ago





It's also fantastically unlikely that they will reject it after specifically voting for an extension in the first place, and voting against a No Deal outcome.

– Kevin
7 hours ago




4




4





Do not assume that politician's decisions or votes follow logic or are in any way consistent.

– Aganju
6 hours ago





Do not assume that politician's decisions or votes follow logic or are in any way consistent.

– Aganju
6 hours ago













The legal confusion is that the UK already agreed the extension

– Caleth
6 hours ago





The legal confusion is that the UK already agreed the extension

– Caleth
6 hours ago













So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

– o.m.
14 mins ago





So assuming that May's deal is not approved, there need to be votes in both houses (as per Alex's answer) and a letter written by the government? All in less than 78 hours from now?

– o.m.
14 mins ago











6














The European Council has already agreed to both dates so they don’t need to ratify anything any more.



A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.



In both cases, confirmation in writing will be given but that’s just a formality.



Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.



If it is then a May 22nd date will apply to allow all the necessary legislation to be passed.



If not then the UK Government have till April 11th to come up with a new plan or the UK will leave without a deal.






share|improve this answer



















  • 1





    Isn't it April 12th?

    – Denis de Bernardy
    7 hours ago











  • I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

    – o.m.
    11 mins ago
















6














The European Council has already agreed to both dates so they don’t need to ratify anything any more.



A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.



In both cases, confirmation in writing will be given but that’s just a formality.



Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.



If it is then a May 22nd date will apply to allow all the necessary legislation to be passed.



If not then the UK Government have till April 11th to come up with a new plan or the UK will leave without a deal.






share|improve this answer



















  • 1





    Isn't it April 12th?

    – Denis de Bernardy
    7 hours ago











  • I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

    – o.m.
    11 mins ago














6












6








6







The European Council has already agreed to both dates so they don’t need to ratify anything any more.



A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.



In both cases, confirmation in writing will be given but that’s just a formality.



Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.



If it is then a May 22nd date will apply to allow all the necessary legislation to be passed.



If not then the UK Government have till April 11th to come up with a new plan or the UK will leave without a deal.






share|improve this answer













The European Council has already agreed to both dates so they don’t need to ratify anything any more.



A new UK Act isn’t required. The UK Government can put forward a Statutory Instrument to amend the existing Withdrawal Act. This does need to pass both Houses of Parliament but this is unlikely to be blocked.



In both cases, confirmation in writing will be given but that’s just a formality.



Which date applies depends on whether the Withdrawal Agreement bill is passed by the UK Parliament.



If it is then a May 22nd date will apply to allow all the necessary legislation to be passed.



If not then the UK Government have till April 11th to come up with a new plan or the UK will leave without a deal.







share|improve this answer












share|improve this answer



share|improve this answer










answered 9 hours ago









AlexAlex

4,1951121




4,1951121








  • 1





    Isn't it April 12th?

    – Denis de Bernardy
    7 hours ago











  • I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

    – o.m.
    11 mins ago














  • 1





    Isn't it April 12th?

    – Denis de Bernardy
    7 hours ago











  • I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

    – o.m.
    11 mins ago








1




1





Isn't it April 12th?

– Denis de Bernardy
7 hours ago





Isn't it April 12th?

– Denis de Bernardy
7 hours ago













I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

– o.m.
11 mins ago





I'm worried about the scheduling of those formalities. Votes in both houses and a letter written before noon Friday, and they won't even start until after Wednesday? Could there be accidental Brexit because someone cuts something too close?

– o.m.
11 mins ago











0














Note that unilateral revocation by simple letter of the Prime Minister remains an option.



(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)






share|improve this answer



















  • 2





    -1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

    – Sjoerd
    6 hours ago











  • That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

    – pjc50
    5 hours ago
















0














Note that unilateral revocation by simple letter of the Prime Minister remains an option.



(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)






share|improve this answer



















  • 2





    -1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

    – Sjoerd
    6 hours ago











  • That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

    – pjc50
    5 hours ago














0












0








0







Note that unilateral revocation by simple letter of the Prime Minister remains an option.



(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)






share|improve this answer













Note that unilateral revocation by simple letter of the Prime Minister remains an option.



(I believe that since the Electronic Communications Act email counts as "in writing" for all cases where that is legally required. I don't know if international agreements have to be in writing because this kind of temporal brinksmanship rarely comes up)







share|improve this answer












share|improve this answer



share|improve this answer










answered 7 hours ago









pjc50pjc50

6,89911532




6,89911532








  • 2





    -1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

    – Sjoerd
    6 hours ago











  • That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

    – pjc50
    5 hours ago














  • 2





    -1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

    – Sjoerd
    6 hours ago











  • That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

    – pjc50
    5 hours ago








2




2





-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

– Sjoerd
6 hours ago





-1 Prime Minister May cannot do this on her own. See politics.stackexchange.com/a/37805/8912

– Sjoerd
6 hours ago













That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

– pjc50
5 hours ago





That doesn't answer the question of unilateral remain, only the ratification of a withdrawal agreement.

– pjc50
5 hours ago


















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