Article 28 Existing enactmentsF1
United Kingdom
Nothing in this Regulation prevents the maintenance of any enactment in domestic legislation on optional quality terms that is not covered by this Regulation and is in force immediately before IP completion day, provided that the enactment is not contrary to F2assimilated law.
In paragraph 1:
‘enactment in domestic legislation’ means an enactment contained in:
an Act or in an Order in Council, order, rules, regulations or other instrument made under an Act;
an Act of the Scottish Parliament or in an instrument made under an Act of the Scottish Parliament;
a Measure or Act of Senedd Cymru or in an instrument made under a Measure or Act of Senedd Cymru;
‘maintenance’ includes repeal and replacement, and revocation and replacement, without, in both cases, any substantive modification of the provisions describing and regulating the use of the relevant optional quality term.
A modification of provisions relating to the enforcement of an enactment in domestic legislation on optional quality terms is not be to regarded as a modification of the enactment in domestic legislation on optional quality terms.
Annotations
Textual amendments
- F1
Art. 28 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(29)
- F2
Word in Art. 28(1) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 98(2)(d)