The Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025
The regulations extended the expiry period for making statutory instruments to implement international trade agreements under the Trade Act 2021 by an additional five years, until the ten-year mark post-IP completion day.
The Secretary of State enacted these Regulations using the power granted by the Trade Act 2021 to extend the deadline for making regulations necessary to implement international trade agreements to which the UK is a signatory.
Specifically, the five-year period during which this regulation-making power can be used is extended, meaning no regulations under section 2(1) of the Act can be made after the end of ten years beginning with IP completion day.
Statutory approval from both Houses of Parliament preceded the coming into force of these regulations on December 30th, 2025, and they apply across England, Wales, Scotland, and Northern Ireland.
Arguments For
Ensures that the appropriate authorities have a further five years to complete the necessary regulatory work to implement international trade agreements signed by the UK.
Provides necessary legislative flexibility following Brexit, addressing potential delays in finalizing post-EU trade agreements.
Maintains consistency with the broader framework established by the Trade Act 2021, allowing for the full realization of trade policy objectives.
The extension removes the immediate administrative deadline pressure on government departments responsible for trade regulation post-IP completion day.
Arguments Against
Extending the power indefinitely (up to 10 years total) reduces immediate parliamentary scrutiny over the necessity of the implementation power itself.
Potential for regulations to be introduced for agreements that may become outdated or need significant revision during the extended five-year window.
Concerns might arise regarding whether a five-year extension is the most efficient use of legislative time compared to focusing on primary legislation for future trade implementation powers.
If no significant impact on the private or public sector is foreseen, some might question the need for such an explicit extension regulation at this time.
The Secretary of State makes the following Regulations in exercise of the power conferred by section 2(10)(b) of the Trade Act 2021.
In accordance with paragraph 6 of Schedule 2 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State created these Regulations by using the specific power granted under section 2(10)(b) of the Trade Act 2021.
Before these Regulations could be made, a draft needed to be presented to and approved by both Houses of Parliament, as required by paragraph 6 of Schedule 2 of that Act.
Citation, commencement and extent
1.
(1) These Regulations may be cited as the Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025.
(2) These Regulations come into force on 30th December 2025.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Regulation 1 establishes the citation as the Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025.
The rules become legally effective on December 30th, 2025.
Jurisdiction for these Regulations covers all parts of the United Kingdom: England, Wales, Scotland, and Northern Ireland.
Extension of the expiry of regulation-making power
- The Secretary of State specifies that—
(a) the period in which regulations may be made to implement an international trade agreement under section 2(1) of the Trade Act 2021 is extended for a period of five years; and
(b) no regulations may be made under section 2(1) of the Trade Act 2021 after the end of the period of 10 years beginning with IP completion day.
Regulation 2 details the extension of the power to create subordinate legislation under section 2(1) of the Trade Act 2021, which is used for implementing international trade agreements.
The authority to issue these implementing regulations is now extended by five years.
However, a new absolute deadline is set, preventing the use of this power after ten years have passed since IP completion day.
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