It is nearly three-and-a-half years since the UK voted in its Referendum on Leaving the European Union. Since then the way to leave has been debated in may guises in the British Parliament. There appears to be a stalemate at present, the British Prime Minister has sent a letter (which he claims is Parliament’s Letter) to the EU seeking an extension to the deadline for “Exit Day”. The EU has now said that there can be an extension but they are not saying by how long (well not yet). British MPs will be asked to vote on Monday to vote for a general election and still there is no change to Exit Day in the legislation.

Now,

 A Minister of the Crown must by regulations—
(a)amend the definition of “exit day” in subsection (1) to ensure that the day and time specified in the definition are the day and time that the Treaties are to cease to apply to the United Kingdom, and
(b)amend subsection (2) in consequence of any such amendment.

Section 20(4) European Withdrawal Act 2018 c. 16

But, what would happen if during the confusion of there being no date set yet, and the date happening, a Minister of the Crown did not do this? Would the UK just crash out of the European Union on 31 October 2019 at 11 pm?

Now, it is slightly even more confusing. The so-called Benn Act gives even more alternatives:

3 Duties in connection with Article 50 extension

(1) If the European Council decides to agree an extension of the period in Article 50(3) of the Treaty on European Union ending at 11.00 pm on 31 October 2019 to the period ending at 11.00pm on 31 January 2020, the Prime Minister must, immediately after such a decision is made, notify the President of the European Council that the United Kingdom agrees to the proposed extension.

(2) If the European Council decides to agree an extension of the period in Article 50(3) of the Treaty on European Union ending at 11.00pm on 31 October 2019, but to a date other than 11.00pm on 31 January 2020, the Prime Minister must, within a period of two days beginning with the end of the day on which the European Council’s decision is made, or before the end of 30 October 2019, whichever is sooner, notify the President of the European Council that the United Kingdom agrees to the proposed extension.

(3) But subsection (2) does not apply if the House of Commons has decided not to pass a motion moved by a Minister of the Crown within a period of two calendar days beginning with the end of the day on which the European Council’s decision is made or before the end of 30 October 2019, whichever is sooner, in the following form—

“That this House has approved the extension to the period in Article 50(3) of the Treaty on European Union which the European Council has decided.”

(4) Nothing in this section shall prevent the Prime Minister from agreeing to an extension of the period specified in Article 50(3) of the Treaty on European Union otherwise than in accordance with this section.

4 Amendment of existing provision

(1) In section 20(4) of the European Union (Withdrawal) Act 2018 (which provides for regulations to be made amending the definition of exit day) for “may” substitute “must”.

(2) Subsection (1) does not apply if the House of Commons decides to approve the motion in section 1(2)(a) or decides not to approve the motion in section 3(3).

Section 3, 4, European Withdrawal (No. 2) Act 2019 c. 26

Confused yet? I really hope that the Ministers of the Crown are not confused…