The Commencement Order that triggers the repeal of the European Communities Act 1972 on Exit Day is now in force.
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The European Union (Withdrawal) Act 2018 (Commencement No. 4) Regulations 2019 is now published on the government legislation website.
And it came into force on the 17th of August 2019 and says:
"The day appointed for the coming into force of section 1 (repeal of the European Communities Act 1972(1)) of the European Union (Withdrawal) Act 2018 is the day after the day on which these Regulations are made."
And this is an order made under the 'negative procedure', so it does not need the say so of either those in the House of Commons or the House of Lords. It is now law.
What this does, is makes section one of the Withdrawal Act 2018 legally active. So that when exit day arrives, whenever that might be, the European Communities Act, or ECA, 1972 will be repealed and the supremacy of Brussels over the UK will be ended.
But remember that section one of the Withdrawal Act says simply that:
"The European Communities Act 1972 is repealed on exit day."
That's all, no mention of a date. Because Exit Day is defined in section 20 of the Act as 11 pm on the 31st of October 2019 - but this can be changed, if the government decides to do so or if it is forced to do so.
So this commencement order does not, in itself, guarantee that we leave the EU on the 31st of October and that is something that cannot be stressed enough.
Because the legal experts on the other side, like Dominic Grieve a..
