Common use of Legislative Context Clause in Contracts

Legislative Context. 4.1 Mutual recognition of driving disqualification between the UK and Ireland was previously in operation from 28th January 2010 to 1st December 2014 pursuant to the European Convention on Driving Disqualifications of 17th June 1998 (Convention 98/C 216/01, “the Convention”). This was given legal effect in the UK by Chapter 1 of Part 3 of the 2003 Act. 4.2 Following the Lisbon Treaty the UK opted out of the Convention, with effect from 1st December 2014, as part of a block opt-out under the Treaty on the Functioning of the European Union1. 4.3 The UK / Irish mutual recognition provided for in the 2003 Act was retrospectively disapplied from 1st December 2014 by the Criminal Justice and Courts Act 2015 (the “2015 Act”). However the 2015 Act anticipated a new agreement would be entered into between the UK and Ireland to re-instate mutual recognition and it amended Chapter 1 of Part 3 of the 2003 Act to provide for the operation and enforcement of such an agreement. The UK and Ireland made the agreement on 30th October 2015. 4.4 The Criminal Justice and Courts Act 2015 (Commencement No.6) Order 2017, S.I. 2017/189 (the “Commencement Order “), brought into force on 23rd February 2017 the regulation making powers in section 31(5) and (6)(a) and paragraph 14 of Schedule 7 to the 2015 Act. Section 71A of the 2003 Act, which is inserted by section 31(5) of the 2015 Act, provides that the Secretary of State may specify by Regulations an agreement for mutual recognition of driving disqualifications so as to identify it as the agreement to be given effect in the UK by the 2003 Act. These Regulations specify the Agreement as being the relevant one for the purposes of Chapter 1 of Part 3 of the 2003 Act. 4.5 The Commencement Order also brings into force the rest of section 31 and Schedule 7 to the 2015 Act (in so far as they are not already in force) on the date when the Agreement comes into force in accordance with article 14 of the Agreement. Article 14 states that: “The parties shall notify each other in writing when their necessary internal procedures for entry into force have been completed. The Agreement shall enter into force on the date of the later of such notifications, and shall continue in force until terminated. That will be when the UK and Ireland notify each other that they have completed their respective internal procedures to bring the Agreement into force.” 4.6 Notice will be given in the London, Edinburgh and Belfast Gazettes of the date when the Agreement comes into effect and the new arrangements will only apply in relation to offences committed after such date.

Legislative Context. 4.1 Mutual recognition of driving disqualification between the UK and Ireland was previously in operation from 28th January 2010 to 1st December 2014 pursuant to the European Convention on Driving Disqualifications of 17th June 1998 (Convention 98/C 216/01, “the Convention”). This was given legal effect in the UK by Chapter 1 of Part 3 of the 2003 Act. 4.2 Following the Lisbon Treaty the UK opted out of the Convention, with effect from 1st December 2014, as part of a block opt-out under the Treaty on the Functioning of the European Union1. 4.3 The UK / Irish mutual recognition provided for in the 2003 Act was retrospectively disapplied from 1st December 2014 by the Criminal Justice and Courts Act 2015 (the “2015 Act”). However the 2015 Act anticipated a new agreement would be entered into between the UK and Ireland to re-instate mutual recognition and it amended Chapter 1 of Part 3 of the 2003 Act to provide for the operation and enforcement of such an agreement. The UK and Ireland made the agreement on 30th October 2015. 4.4 The Criminal Justice and Courts Act 2015 (Commencement No.6) Order 2017, S.I. 2017/189 2017 (the “Commencement Order “), ) brought into force on 23rd 22nd February 2017 the regulation making powers in section 31(5) and (6)(a) and paragraph 14 17 of Schedule 7 to the 2015 Act. Section 71A of the 2003 Act, which is inserted by section 31(5) of the 2015 Act, provides that the Secretary of State may specify by Regulations an agreement for mutual recognition of driving disqualifications so as to identify it as the agreement to be given effect in the UK by the 2003 Act. These Regulations specify the Agreement as being the relevant one for the purposes of Chapter 1 of Part 3 of the 2003 Act. 4.5 The Commencement Order also brings into force the rest of section 31 and Schedule 7 to the 2015 Act (in so far as they are not already in force) on the date when the Agreement comes into force in accordance with article 14 of the Agreement. Article 14 states that: “The parties shall notify each other in writing when their necessary internal procedures for entry into force have been completed. The Agreement shall enter into force on the date of the later of such notifications, and shall continue in force until terminated. That will be when the UK and Ireland notify each other that they have completed their respective internal procedures to bring the Agreement into force.”: 4.6 Notice will be given in the London, Edinburgh and Belfast Gazettes of the date when the Agreement comes into effect and the new arrangements will only apply in relation to offences committed after such date.