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Implementation period meaning

What does Implementation period mean?
In legal practice, this describes the post‑Brexit window during which EU law continued to apply in and to the UK to ensure continuity for businesses, regulators and litigants while future‑relationship terms were settled. It is a statutory term: section 1 of the European Union (Withdrawal Agreement) Act 2020 adopts the period provided by Part 4 of the Withdrawal Agreement, running from exit day to IP completion day (31 December 2020 at 11 pm UK time: section 39). The UK’s preferred label is “implementation period”; the EU and Ireland generally use “transition period”. Key legal features included continued application of EU law, ongoing CJEU jurisdiction, and the UK being treated as an EU Member State for most purposes during that time, subject to exceptions on institutional participation and representation. The period has ended; the term now arises mainly in contract interpretation, statutory transitional provisions, limitation analysis, and cross‑border regulatory, tax and immigration issues spanning 31 January–31 December 2020. Usage and legal effect are consistent across England & Wales, Scotland and Northern Ireland. In Ireland, practice aligns with the Withdrawal Agreement, with “transition period” the prevailing label rather than the UK’s “implementation period”.
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View the related Checklists about Implementation period

CHECKLISTS
Easements in property transactions: due diligence checklist on identification, registration, scope, maintenance, interference, alteration/termination, utilities, and creation/reservation—England and Wales

ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...

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CHECKLISTS
Brexit: checklist for drafting and negotiating dispute resolution clauses—applicable law, jurisdiction, enforcement, service of documents and arbitration (Rome I/II, Brussels Recast, Hague/Lugano) for cross-border commercial contracts

ARCHIVED: This Checklist has been archived and is no longer maintained. For up-to-date guidance, please refer to: Governing law and jurisdiction clauses in commercial contracts―checklist. Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in line with the Withdrawal Agreement, the UK entered an implementation period, during which it continues to be subject to EU law. This affects this Checklist. For further guidance, see Brexit Bulletin—key updates, research tips and resources, and the Brexit collection. This Checklist assesses the implications of Brexit for drafting and negotiating dispute resolution clauses. It looks at the position regarding: Applicable law clauses (also referred to as governing law clauses or choice of law clauses) Jurisdiction clauses The enforcement of judgments The service of documents...

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CHECKLISTS
UK post-Brexit finance documentation checklist: facility agreements, security, loss of passporting rights, retained EU law, benchmarks, tax, sanctions, COMI, IFRS, BRRD, governing law, jurisdiction, insolvency and IP

Checklist (Archived) This Checklist sets out key checks for facility and security documentation after the Brexit implementation period. ARCHIVED: This Checklist has been archived and is not maintained. When that period ended, EU law was transposed into UK law as retained EU law under the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020), in most cases with only minor adjustments. See Practice Note: Retained EU law and assimilated law. Read this alongside Practice Notes: Brexit—documentary implications for facility agreements [Archived] and Brexit—impact on finance transactions [Archived]. The focus is on documentary issues and it does not capture every potential consideration for finance transactions following the end of the implementation period. For a fuller overview, see Practice Notes: What does IP completion day mean for lending lawyers? [Archived] and Brexit—impact on finance transactions [Archived]. Loss of passporting rights Issue: Loss of passporting rights Question: There is an EU27 borrower under the facilities agreement. What steps should be...

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NEWS
UK and EU environmental law weekly: consultations, policy and case updates across climate, hydrogen, buildings, enforcement, nuclear, ESG, chemicals (PFAS), biodiversity, waste and water—9 October 2025

In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change Greenhouse Gas Removals (GGR)-UK government publishes Business Model documentation On 27 August 2025, the Department for Energy Security and Net Zero (DESNZ) released a suite of papers on its proposed Greenhouse Gas Removals (GGR) Business Model and accompanying policy. The Lexis+ Energy team, working with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law at the University of Edinburgh Law School, set out the context for the GGR Business Model; its relationship with the Power BECCS Business Model; the technologies the GGR framework intends to encompass; its legal footing and principal features; and how...

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NEWS
UK Public Law update: Brexit/Windsor Framework implementation, new SIs, constitutional scrutiny, subsidy control/State aid, and recent judicial review and equality decisions—week ending 24 October 2024

In this issue: Brexit highlights Post-Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK-EU data adequacy The House of Lords European Affairs Committee (EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic co‑operation, and detrimentally affect Northern Ireland under the Belfast/Good Friday Agreement and the Windsor Framework Agreement. The EAC therefore advises that the government engage with...

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NEWS
UK law firm compliance update: OFSI legal services threat assessment and annual review; export controls; SFO bribery probe; SRA authorises first AI-only firm—8 May 2025

In this issue: Financial sanctions Other financial crime Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Financial sanctions Navigating the complexities of sanctions compliance in law firms—OFSI’s Legal Services Threat Assessment In April 2025, the Office of Financial Sanctions Implementation (OFSI) published its inaugural Legal Services Threat Assessment, as part of a series examining sanctions risks in particular sectors. The report supplies valuable perspective on OFSI’s view of the compliance threats and risks confronting the legal services sector, shining a light on the intricate hurdles the UK profession faces in adhering to financial sanctions. By taking forward OFSI’s recommendations, law firms can strengthen their processes and lessen exposure to sanctions breaches. In a period defined by geopolitical unpredictability and ever more complex sanction regimes, firms must stay alert and act proactively on compliance. See News Analysis: Navigating the complexities of sanctions compliance in law firms—OFSI’s Legal Services Threat...

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PRACTICE NOTES
UK DTR 2: issuer obligations on disclosure, delay, control and selective disclosure of inside information—FCA/ESMA guidance, case law, COVID‑19 context and enforcement (post‑Brexit UK MAR)

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

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PRACTICE NOTES
UK FCA DTR 1–1C: application, post‑Brexit and 2024 listing reforms, MAR interplay, audit committees, misleading disclosures and related party rules

This Resource Note spotlights commentary, analysis and materials to aid interpretation and give practical guidance on applying Chapters 1, 1A, 1B and 1C of the Disclosure Guidance and Transparency Rules: DTR 1, DTR 1A, DTR 1B and DTR 1C respectively. Materials referenced here include, where pertinent: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base guidance—Procedural notes and Technical notes (constituting formal guidance and binding on the FCA) FCA consultation papers, discussion papers, policy statements, feedback statements and warnings Primary Market Bulletins and other FCA publications former UKLA technical and procedural notes and the UKLA newsletter List!, where still relevant to interpreting or applying a provision assimilated EU legislation EU Directives and EU Regulations, where relevant to interpreting a provision Lexis+ UK analysis and resources Setting the scene What it covers: DTR 1 sets out the Disclosure guidance, explaining its scope and purpose; DTR 1A sets out the transparency rules with their scope and purpose;...

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PRACTICE NOTES
UK post-Brexit payments and e-money: retained EU law, statutory instruments and onshoring changes—status guide to 2EMD, CBPR/SEPA, PAD, PSD2, IFR

Brexit Financial Services Legislation Status Guide This guide outlines high-level information on the status of EU laws regulating the payments sector, namely: the second Electronic Money Directive (Directive 2009/110/EC) (2EMD) the Cross-Border Payments Regulation (Regulation (EC) 924/2009) (CBPR) as amended by Regulation (EU) 2019/518 (CBPR2) the Regulation establishing technical and business requirements for credit transfers and direct debits in euro and amending the CBPR (Regulation (EU) 260/2012) (SEPA Regulation) the Payment Accounts Directive (Directive 2014/92/EU) (PAD) the recast Payment Services Directive (Directive (EU) 2015/2366) (PSD2) the Interchange Fee Regulation (Regulation (EU) 2015/751) (IFR) This Practice Note should be read alongside the following Practice Notes: Impact of Brexit: Payment services and electronic money directives—quick guide [Archived] Impact of Brexit: SEPA Regulation—quick guide [Archived] Impact of Brexit: Payment accounts—quick guide [Archived] Impact of Brexit: Interchange Fee Regulation—quick guide [Archived] During the implementation period from 1 January 2020 to 31 December 2020...

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PRECEDENTS
Restructuring Support (Lock-Up and Standstill) Agreement with Interim Finance, Chief Restructuring Officer Appointment and Creditor/Director Releases

This Agreement is dated [ insert day and month ] 20[ insert year ] Parties The Consenting Lenders (as set out in Schedule 1); [ The Consenting Bondholders (as set out in Schedule 2); ] [ insert name of debtor company ], a company registered in [ insert country eg England and Wales ] with company number [ insert registered number ], whose registered office is at [ insert address ]; [ The Material Companies (as set out in Schedule 3); ] Recitals On [ insert date ], the directors of the Company announced a proposal to restructure the claims of certain creditors of the [ Company OR Group ] following a period of financial distress. On [ insert date ], the Company and certain creditors entered into a Standstill Agreement in connection with the proposed restructuring. [ On [ insert date ], the Company and certain creditors agreed non-binding heads of terms for the...

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PRECEDENTS
Archived UK template: Form A Request for Taking of Evidence in civil or commercial matters (Regulation (EC) 1206/2001) with guidance on pre‑IP completion day transitional applications

Applications can no longer be lodged in the courts of England and Wales to obtain evidence under Regulation (EC) 1206/2001 (the Taking of Evidence Regulation). Where an application was submitted before IP completion day (31 December at 11 pm), the evidence-gathering procedure may proceed under that Regulation, provided the Withdrawal Agreement’s transitional provisions between the UK and the EU were satisfied by that date. For guidance on those transitional rules, consult Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, especially the main section: Taking of evidence. Request for the taking of evidence (Article 4 of Regulation (EC) 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1)) 1 Reference of the requesting court: 2 Reference of the requested court: 3 Requesting court: 3.1 Name: 3.2 Address: ...

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PRECEDENTS
Archived precedent: witness statement for CPR 34.23 application for a letter of request under Regulation (EC) 1206/2001 (Taking of Evidence) — England and Wales — transitional pre‑IP completion cases

The courts of England and Wales now no longer accept any legal applications to obtain evidence pursuant to Regulation (EC) 1206/2001, commonly known as the Taking of Evidence Regulation. Where an application was lodged before IP completion day (31 December at 11 pm), the evidence-gathering procedure will continue under that Regulation if the Withdrawal Agreement’s applicable transitional provisions between the UK and the EU were satisfied in full by that date. For guidance on those transitional rules, please see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, particularly the main section entitled Taking of evidence. Name: [ insert ] Witness Statement: [ insert ] Date: [ insert ] Exhibits: [ insert ] [ Date of translation: [ insert date ] ] Claim No. [ insert claim number ]. ...

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View the related Q&As about Implementation period

Q&As
Brexit: Passporting and Equivalence Impact on UK Insurance Sector

BREXIT At 11pm (GMT) on 31 December 2020—known as ‘IP completion day’—the transition/implementation period entered into following the UK’s withdrawal from the EU came to a close. From that point onwards, key transitional arrangements came to an end and wide‑ranging changes started to take effect across the UK’s legal regime. This document provides guidance on subjects affected by these changes. Before continuing your research, see: Brexit and financial services: materials on the post‑Brexit UK/EU regulatory regime [Archived]. This Q&A assesses the impact of Brexit on passporting in the insurance sector, outlines the options available to insurers to continue to access the European Economic Areas (EEA), and highlights the factors for insurers to take into account in their contingency planning. This Q&A is produced in partnership with Clare Swirski at Clifford Chance. What are the main aspects of passporting under Solvency II?...

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Q&As
Are s106 TCPA contributions caught by State aid rules or exempt?

State Aid: The Basics Guide The Department for Business, Innovation & Skills’ July 2015 guide, State Aid: The Basics Guide, explains that state aid arises wherever public resources are used to give organisations an edge over others, potentially distorting competition and harming consumers and businesses across the EU. The concept is deliberately wide, as an “advantage” can be delivered in many ways, for example: grants loans tax breaks the use or sale of a state asset free of charge or for less than market value Public authorities, including local authorities in England and Wales, are accountable for ensuring their policies and projects comply with these requirements. During the implementation period following Brexit, state aid rules continue to apply in the UK. The annex to the Department for Education’s November 2019 publication, Securing Developer Contributions for Education, notes that unlawful state aid can occur in relation to developer contributions towards education...

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Q&As
Form D180 (Brussels IIa) post‑Brexit: submission during transition

Form D180 (PDF Format) can be utilised in relation to the registration of orders under Article 39 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning decisions in matrimonial matters (Brussels II bis)...

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