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<p>The government’s objective has always been to have a functioning statute book in
place by Exit Day and to ensure the most critical secondary legislation was made by
this point.</p><p>All of the Department for Education’s essential ‘no deal’ Exit Statutory
Instruments (SIs) were made prior to 29 March 2019. Each Exit SI in the department
was carefully considered on a case-by-case basis. Exit SIs which were deprioritised
were done so because they made very minor technical changes which were not considered
essential to be in force for the original Exit Day, and where there would be very
little or no material impact from them not being in place for ‘day 1’.</p><p>These
considerations and assessments made have meant that the government has been able to
lay the critical secondary legislation required before we exit the EU. The department
does expect to lay its remaining ‘no deal’ SIs, which were deprioritised ahead of
29 March, shortly. Given the extension to Article 50, the department will consider
whether any further Exit SIs will need to be brought forward to amend any EU Regulations
which have come into force since the original Exit SI programme was finalised, to
ensure a functioning statute book ahead of a potential ‘no deal’ exit. The department
will keep this under careful review.</p><p>The laying of Exit SIs allows Parliament
to fulfil its essential scrutiny role. The exact nature of this scrutiny, and the
steps required before an SI completes its passage, is dependent on the type of SI.
The government remains confident of passing the necessary legislation required to
ensure a functioning statute book by Exit Day.</p><p> </p>
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