@GeorgePeretzQC
This seems right to me. NB point 7: the legal case falls if the EU Act 2011 is repealed
The plan is to repeal it. See these provisions in the EU Withdrawal Bill.
Schedule 9 to the bill — and clause 17(7) - repeal the whole of the EU Act 2011. Along with the referendum provisions.
You also, though, need to look carefully at clause 19 - thrillingly titled “Commencement and short title”.
But this tedious looking clause answers a rather critical point: exactly when can the Government get rid of the requirement for a referendum?
Remember, we are looking for clause 17(7) (on which hangs Schedule 9)
Since that clause is not covered by clause 19(1), it’s covered by clause 19(2).
So it comes into force on such day as a Minister appoints. And different days may be appointed for different purposes.
So what that means is that, the day Royal Assent is given to the EU Withdrawal Bill, a Minister can make provide that Schedule 9 comes into force immediately for the purposes of repealing the parts of the EU Act 2011 that provide for a referendum.
And the Minister can do that before implementing any other bit of (what will then be) the EU Withdrawal Act.
As I understand it @Andrew_Adonis has spotted this point (oddly enough, not a point trumpeted by the Govt, but there if you care to look) and is proposing to do something about it.
It will be interesting to see how he fares: but if he fails, it’s hard to see where this litigation by @BestForBritain can go: the statute on which it relies will have gone before the question it’s concerned about arises.
We saw this way back. Maugham pointed this out.