Footnotes

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  • The outcome of the referendum is not binding, as a matter of constitutional law, on the Parliament of the United Kingdom or on any devolved assembly sitting in the United Kingdom.
  • Negotiations with the EU institutions on the terms of any exit of the United Kingdom from the EU cannot begin until formal notice of intention to withdraw from the EU is served by the U.K. government on the European Council pursuant to Article 50 of the Treaty on European Union. Article 50 does not impose any timing restrictions or requirements on when any such notice must be served.
  • Any agreement negotiated by the U.K. government on the terms of its withdrawal from the EU must be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union (TFEU) and can be concluded only by the European Council, acting by a qualified majority as defined in Article 238(3)(b) of the TFEU, after obtaining the consent of the European Parliament, which would likely involve a long process.
  • Article 50 provides for a negotiation period of two years commencing from the date that notification of an intention to withdraw is received by the European Council. This period can be extended only with the unanimous consent of the European Council and the withdrawing member state.
  • No changes to the laws of the constituent jurisdictions of the United Kingdom (England and Wales, Scotland, Northern Ireland) can be imposed directly as a consequence of any notice to withdraw from the EU until the negotiation period has been concluded.
  • Any changes to the laws of the constituent jurisdictions of the United Kingdom require the consent of the U.K. Parliament sitting at Westminster. Any changes to the laws of any constituent jurisdiction of the United Kingdom within the competency of a devolved assembly (the Scottish Parliament, the Welsh Assembly and the Northern Irish Assembly) can be enacted by only the relevant legislative body (the U.K. Parliament or the relevant devolved assembly).
  • This checklist is based on English law. We are not qualified to advise on or practice the laws of any other jurisdiction within the United Kingdom. It is made clear that, in setting out the checklist, we are not providing legal advice.

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