| Act of Parliament | |
 | |
| Long title | An Act to make further provision in connection with the period for negotiations for withdrawing from the European Union. |
|---|---|
| Citation | 2019 c. 26 |
| Introduced by | Hilary Benn (Commons) Lord Rooker (Lords) |
| Territorial extent | England and Wales, Scotland and Northern Ireland |
| Dates | |
| Royal assent | 9 September 2019 |
| Commencement | 9 September 2019 |
| Repealed | 23 January 2020 |
| Other legislation | |
| Repealed by | European Union (Withdrawal Agreement) Act 2020 |
| Relates to | European Union (Notification of Withdrawal) Act 2017
European Union (Withdrawal) Act 2018 European Union (Withdrawal) Act 2019 |
Status: Repealed | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Part of a series of articles on |
| Brexit |
|---|
 |
|
Withdrawal of the United Kingdom from the European Union Glossary of terms |
The European Union (Withdrawal) (No. 2) Act 2019, informally referred to as the Benn Act, was an act of the Parliament of the United Kingdom that required the Prime Minister of the UK to seek an extension to the Brexit withdrawal date—then scheduled for 31 October 2019—in certain circumstances. The main provisions of the Act were triggered if the House of Commons did not give its consent to either a withdrawal agreement or leaving without a deal by 19 October 2019. The Act proposed a new withdrawal date of 31 January 2020, which the Prime Minister accepted if the proposal was accepted by the European Council.
The Act also contained provisions that detailed the course of action if an alternative date were proposed by the European Council, required regular reports on the progress of any negotiations between the EU and the UK, and set out the format of the letter the Prime Minister was required to send to the President of the European Council should he be required to seek an extension. It also removed the discretion of the Prime Minister not to amend exit day in response to an extension. The Act was given Royal Assent on 9 September 2019 and commenced the same day.
The bill was proposed by opposition and backbench MPs after Boris Johnson became prime minister. It was passed after they took control of the parliamentary agenda in the run-up to the controversial—and later ruled void—prorogation of Parliament. The Government fiercely opposed the bill, and Boris Johnson and other eurosceptics repeatedly referred to the Act as the "Surrender Act". The Government had been suspected of examining options on how to nullify the Act's effect. On 19 October, Johnson sent the letter to the president of the European Council Donald Tusk requesting an extension to the Brexit withdrawal date per the Act.[1] This was formally approved on 28 October.[2] On 30 October 2019, the day named as "exit day" in UK legislation was accordingly changed to 31 January 2020 at 11.00 p.m.[3]
The Act was repealed on 23 January 2020 by the European Union (Withdrawal Agreement) Act 2020.[4]
- ^ Khan, Mehreen; Parker, George (19 October 2019). "Boris Johnson asks for Brexit extension in three letters". Financial Times. Archived from the original on 3 November 2019. Retrieved 4 November 2019.
- ^ Cite error: The named reference
28Octwas invoked but never defined (see the help page). - ^ The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019 SI 2019 No. 1423, 30 October 2019.[1] Archived 10 November 2019 at the Wayback Machine
- ^ "European Union (Withdrawal Agreement) Act 2020". www.legislation.gov.uk. The National Archives. Retrieved 24 January 2020.