What will happen with the law as Britain leaves the EU?

Much of the UK’s current legislation is derived from the European Union. When the UK leaves the EU there needs to be a level of continuity. To provide this the Government intends to introduce the Great Repeal Bill which will do three things:

  1. Repeal the European Communities Act 1972. This legislation provides legal authority for EU law to have effect as national law in the UK. This will no longer be the case after Brexit.
  2. Bring all EU laws onto the UK statute books. This means that laws and regulations made over the past 40 years while the UK was a member of the EU will continue to apply after the Prime Minister triggered Article 50 on 29 March.
  3. Create powers to make secondary legislation. Technical problems will arise as EU laws are put on the statute book. For instance, many EU laws mention EU institutions in which the UK will no longer participate after Brexit, or mention “EU law” itself, which will not be part of the UK legal system after Brexit. There will not be time for Parliament to scrutinise every change, so the bill will give ministers some powers to make these changes by secondary legislation, which is subject to less scrutiny by MPs.

What is a legal trading entity?

The legal name of a business is the name of the person or entity that owns it. This is the legal trading entity.

If the business is a sole trader then the legal name is the last name with or without initials or forenames of the owner.

For unincorporated partnership, the legal name is the last names with or without initials or forenames of all of the partners.

For limited liability companies, partnerships and corporations, the business’ legal name is the one that was registered with Companies House including Ltd, LLP, PLC etc.

A trade or business name is the name a business uses for advertising and sales purposes that is different from the legal name described above.

Although a trade name may sometimes also be a trademark, a trade name is not, in itself, a form of intellectual property.

It is a requirement that businesses do not hide behind a trading name so whenever one is used there is a requirement to disclose the legal name and an address at which documents can be served on the business (for registered entities there are other disclosure requirements as well).

If you are unable to easily find out the name and address of a trader I would strongly recommend not doing business with them.

Feedback from Kim Way, Managing Director Changes Clinic

“Crimson Crab was recommended to me by a business colleague when we were recently faced with the task of completing registration for the Care Quality Commission.  Being a new business, only 6 weeks into our trading, we needed a strong structure on which to base our quality systems and processes.  Not only did Rob give us the structure, methodology and detail we needed to get through registration, he has enabled us to begin trading with a comprehensive quality management system which we will continue to build on.  He is patient, supportive and thorough and I would have no hesitation in seeking support from Rob again.”