The Private International Law (Implementation of Agreements) Act 2020 (Extension of Operative Period) Regulations 2025
These Regulations, made by the Secretary of State with consent from the Scottish Ministers and the Department of Justice for Northern Ireland, exercise powers under the Private International Law (Implementation of Agreements) Act 2020 to extend the 'operative period' for making associated regulations by five years.
The instrument formally extends the deadline for creating subordinate legislation under Section 2 of the 2020 Act from 13th December 2025 until the end of 12th December 2030, applying across England, Wales, Scotland, and Northern Ireland.
Arguments For
The extension ensures that the Secretary of State retains the authority to implement necessary agreements under the 2020 Act for an additional five years, avoiding a lapse in regulatory power.
Legislative continuity is maintained, allowing the government sufficient time to complete necessary subordinate legislation related to implementing international private law agreements.
The extension is enacted through established parliamentary procedure, having been laid before and approved by resolution of both Houses of Parliament, affirming democratic oversight.
Arguments Against
Extending the timeframe without a clear articulation of the specific subsidiary regulations yet to be made may raise concerns about indefinite regulatory powers related to private international law.
Although no significant impact is foreseen, any extension carries the risk of introducing unforeseen burdens or complexities into the private international law framework governing legal and commercial interactions.
The necessity for this extension suggests that the initial five-year period granted by the 2020 Act was insufficient for the required legislative implementation, potentially indicating overambitious initial deadlines or unforeseen procedural delays.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(6) and (12) of the Private International Law (Implementation of Agreements) Act 2020 (“the Act”)¹, and with the consent of the Scottish Ministers and the Department of Justice for Northern Ireland.
The Secretary of State created these Regulations using the specific powers given in sections 2(6) and 2(12) of the Private International Law (Implementation of Agreements) Act 2020, referred to as 'the Act'.
This action required the formal agreement of the Scottish Ministers and the Department of Justice for Northern Ireland.
The Secretary of State is an appropriate national authority for the purpose of section 2(6) of the Act².
The law specifies that the Secretary of State is the correct governmental body, or 'appropriate national authority', to use the power granted under section 2(6) of the Act to issue these extensions.
In accordance with paragraph 2 of Schedule 6 to the Act, the Secretary of State has consulted such persons as the Secretary of State thinks appropriate.
Following paragraph 2 of Schedule 6 of the Act, the Secretary of State conducted consultations with individuals and bodies considered relevant before creating these Regulations.
In accordance with paragraph 4(2)(e) of Schedule 6 to the Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
As required by paragraph 4(2)(e) of Schedule 6 of the Act, a draft of this statutory instrument was presented to both the House of Commons and the House of Lords, and both Houses formally voted to approve it.
Citation, commencement and extent 1.
This section provides the formal title, the date on which the Regulations become legally effective, and the geographical area to which they apply.
(1) These Regulations may be cited as the Private International Law (Implementation of Agreements) Act 2020 (Extension of Operative Period) Regulations 2025.
The official short title for this body of rules is the Private International Law (Implementation of Agreements) Act 2020 (Extension of Operative Period) Regulations 2025.
(2) These Regulations come into force on 13th December 2025.
The Regulations officially take legal effect on December 13, 2025.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
The provisions contained within these Regulations are legally applicable across the whole of England, Wales, Scotland, and Northern Ireland.
Extension of operative period 2.
This section details the primary purpose of the Regulations, which is to adjust the timeframe during which certain powers under the primary Act can be used.
The operative period for making regulations under subsections (1) to (3) of section 2 of the Private International Law (Implementation of Agreements) Act 2020 is extended by a period of five years.
The deadline, known as the 'operative period', within which regulations can be created under subsections (1) through (3) of Section 2 of the 2020 Act is increased by five years.
Signed by authority of the Secretary of State Jake Richards Parliamentary Under Secretary of State 13th November 2025 Ministry of Justice
This section confirms the authority under which the instrument was signed, identifying the signatory as Jake Richards, the Parliamentary Under Secretary of State in the Ministry of Justice, dating the signature as November 13, 2025.
Explanatory Note (This note is not part of the Regulations)
This following text provides context and background for the Regulations but does not form part of the legally binding content of the instrument itself.
Regulations under section 2(1) to (3) of the Private International Law (Implementation of Agreements) Act 2020 (c. 24) (“the Act”) may only be made during “the operative period”. Section 2(5) provides that the operative period is the period of five years beginning with the day on which the Act was passed. The Act received Royal Assent on 14th December 2020. The operative period therefore expires at the end of 13th December 2025. However, section 2(6) of the Act enables the appropriate national authority, by regulations made under that subsection, to extend the operative period by a period of five years.
Legislation passed under sections 2(1) to (3) of the 2020 Act must be made within the 'operative period'.
Section 2(5) defined this period as five years starting from the date the Act received Royal Assent (December 14, 2020), meaning the power to legislate expires at the end of December 13, 2025.
Section 2(6) of the Act, however, permits the responsible authority to use regulations to grant an extension of this operative period by another five years.
Regulation 2 extends the operative period for five years starting on 13th December 2025 with the effect that the regulation-making powers in section 2(1) to (3) will expire at the end of 12th December 2030.
Regulation 2 specifically extends the power to make regulations under section 2(1) to (3) for an extra five years, beginning immediately after the original deadline on December 13, 2025.
Consequently, the new expiry date for using these regulatory powers becomes the end of December 12, 2030.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
Government officials determined that a detailed impact assessment was unnecessary for this instrument because they do not anticipate that the extension will cause any noticeable financial or operational effects on the private, voluntary, or public sectors.
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