Westminster Policy News & Legislative Analysis

UK extends Trade Act 2021 implementation power to 2030

The Government has extended the regulation‑making power in the Trade Act 2021 that enables implementation of certain international trade agreements. The Trade Act 2021 (Power to Implement International Trade Agreements) (Extension to Expiry) Regulations 2025 were made on 13 November 2025 and, according to legislation.gov.uk, come into force on 30 December 2025.

Using section 2(10)(b) of the Trade Act 2021, the Secretary of State has added five years to the period during which regulations may be made under section 2(1). The instrument confirms that no regulations may be made under section 2(1) after the end of the ten‑year period beginning with IP completion day.

IP completion day is 11pm on 31 December 2020. Without this extension, the power would have lapsed at 11pm on 31 December 2025. The new sunset of 11pm on 31 December 2030 preserves a lawful route to make necessary implementing regulations across the remainder of the decade.

Section 2(1) permits an “appropriate authority” to make regulations to implement an international trade agreement as defined in section 2(2). In practical terms, this covers the UK’s continuity or “rollover” agreements that replace EU agreements to which the EU and other parties were signatories before the UK left the European Union.

The extension is time‑limited and does not expand the scope of what can be implemented using section 2. Agreements outside the section 2(2) definition, including new post‑exit free trade agreements, continue to require other statutory powers or primary legislation to deliver domestic effect.

“Appropriate authority” is defined in section 5 as a Minister of the Crown or a devolved authority-the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department. The extension maintains the ability of both UK and devolved administrations to legislate within their competence for qualifying agreements until the end of 2030.

The Regulations extend to England and Wales, Scotland and Northern Ireland. A draft was laid before Parliament and approved by a resolution of each House, as required by paragraph 6 of Schedule 2 to the Trade Act 2021. Chris Bryant, Minister of State at the Department for Business and Trade, signed the instrument on 13 November 2025.

For businesses, standards bodies and contracting authorities that rely on continuity arrangements, the change removes an end‑2025 deadline for domestic adjustments. Departments and devolved governments can continue to bring forward targeted regulations to keep qualifying agreements operable, including updates and transitional provisions.

The Explanatory Note records that no full impact assessment has been produced because no, or no significant, impact is foreseen on the private, voluntary or public sector. Physical copies are available from the Department for Business and Trade and the instrument is published on legislation.gov.uk.

The 30 December 2025 commencement ensures the extension takes effect before the original five‑year limit would have expired. Stakeholders should anticipate further technical statutory instruments through to 2030 where continuity agreements require domestic updates, with scrutiny following established parliamentary procedures.