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Politically, this has always been a tricky domestic issue, because different countries within the U.K. are affected differently by, and have different political
by JdeBP 8y ago
Politically, this has always been a tricky domestic issue, because different countries within the U.K. are affected differently by, and have different political opinions on, daylight savings time. Effectively, changes to the status quo are blocked by differing interests.
Legally, it is almost comical.
The Act of Parliament defining daylight savings time has a significantly different mechanism to how daylight savings time has operated in harmony with the E.U. for the past several decades. It allowed for double daylight savings time, ran over a different part of the year, and had to deal with Easter.
It was modified by an Order in Council in 2002, which removed double daylight savings time and changed the rules for the start and end. This was not the first time that the 1972 Summer Time Act had been modified by statutory instrument for harmonization with the E.U., either.
But that Order in Council was done by the Queen under the authority of the European Communities Act 1972, which is repealed by the European Union (Withdrawal) Act 2018. That, in turn, classes the Order in Council as "EU-derived domestic legislation". It retains it, but abolishes the Act that authorizes such orders. Adding to the comedy, the 2002 Order in Council also abolished the original authority to issue statutory instruments that was in the 1972 Summer Time Act itself.
So a different new mechanism has to be created to authorize further orders in council if the 1972 Summer Time Act is to be altered with another statutory instrument. There apparently isn't one in the E.U. Withdrawal Act 2018, by my reading, as "EU-derived domestic legislation" is not covered by the infamous so-called "Henry 8" provisions for dealing with "direct EU legislation". Otherwise and more likely, a full Act of Parliament has to be made to replace the (modified) 1972 Summer Time Act.
However, now look to history. There have been numerous attempts at this over the years, some fairly recent. They have got nowhere. The upshot of the legal tangle and the political will that effectively blocks changing the status quo is thus very likely that the U.K. will keep to the old E.U. rules after the E.U. itself abandons them. This is highly ironic for Brexit.
* http://www.legislation.gov.uk/ukpga/2018/16/crossheading/retention-of-existing-eu-law/enacted http://www.legislation.gov.uk/ukpga/2018/16/crossheading/ret...
* http://www.legislation.gov.uk/uksi/2002/262/note/made http://www.legislation.gov.uk/uksi/2002/262/note/made
* http://www.legislation.gov.uk/uksi/2002/262/introduction/made http://www.legislation.gov.uk/uksi/2002/262/introduction/mad...
* http://www.legislation.gov.uk/ukpga/1972/6/section/1/enacted http://www.legislation.gov.uk/ukpga/1972/6/section/1/enacted
* http://www.legislation.gov.uk/ukpga/1972/6/section/2/enacted http://www.legislation.gov.uk/ukpga/1972/6/section/2/enacted
* http://www.legislation.gov.uk/ukpga/1972/6/section/2 http://www.legislation.gov.uk/ukpga/1972/6/section/2
* https://en.wikipedia.org/wiki/British_Summer_Time#Current_statute_and_parliamentary_attempts_at_change https://en.wikipedia.org/wiki/British_Summer_Time#Current_st...