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Retained EU Law (Revocation and Reform) Act 2023

2023 c. 28 · Enacted 29 June 2023 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2026.

An Act to revoke certain retained EU law; to make provision relating to the interpretation of retained EU law and to its relationship with other law; to make provision relating to powers to modify retained EU law; to enable the restatement, replacement or updating of certain retained EU law; to enable the updating of restatements and replacement provision; to abolish the business impact target; and for connected purposes.

[29th June 2023]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Sunsets of retained EU law
  2. 1Sunset of EU-derived subordinate legislation and retained direct EU legislation
  3. 2Sunset of retained EU rights, powers, liabilities etc
  4. Assimilation of retained EU law
  5. 3Abolition of supremacy of EU law
  6. 4Abolition of general principles of EU law
  7. 5“Assimilated law”
  8. Interpretation and effect of retained EU law
  9. 6Role of courts Not yet in force
  10. 7Compatibility
  11. 8Incompatibility orders
  12. Modification of retained EU law
  13. 9Scope of powers
  14. 10Procedural requirements
  15. Powers relating to retained EU law and assimilated law
  16. 11Power to restate retained EU law
  17. 12Power to restate assimilated law or reproduce sunsetted retained EU rights, powers, liabilities etc
  18. 13Powers to restate or reproduce: general
  19. 14Powers to revoke or replace
  20. 15Power to update
  21. 16Power to remove or reduce burdens
  22. Assimilated law dashboard and report
  23. 17Assimilated law dashboard and report
  24. Business impact target
  25. 18Abolition of business impact target
  26. Final provisions
  27. 19Consequential provision
  28. 20Regulations: general
  29. 21Interpretation
  30. 22Commencement, transitional and savings
  31. 23Extent and short title
  32. Schedule 1: Sunset of subordinate legislation and retained direct EU legislation
  33. 1Part 1
  34. 2Retained direct EU legislation
  35. Schedule 2: “Assimilated law”: consequential amendments
  36. 1Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
  37. 2Interpretation Act 1978
  38. 3Scotland Act 1998
  39. 4Northern Ireland Act 1998
  40. 5Government of Wales Act 2006
  41. 6Legislative and Regulatory Reform Act 2006
  42. 7Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)
  43. 8European Union (Withdrawal) Act 2018
  44. 9Legislation (Wales) Act 2019 (anaw 4)
  45. 10Direct Payments to Farmers (Legislative Continuity) Act 2020
  46. 11This Act
  47. Schedule 3: Amendment of certain retained EU law
  48. Part 1: Change of parliamentary procedure
  49. 1Environmental Protection Act 1990 (c. 43)
  50. 2Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19))
  51. 3European Union (Withdrawal) Act 2018 (c. 16)
  52. 4European Union (Withdrawal Agreement) Act 2020 (c. 1)
  53. 5European Union (Future Relationship) Act 2020 (c. 29)
  54. 6Financial Services Act 2021 (c. 22)
  55. 7Environment Act 2021 (c. 30)
  56. 8Public Service Pensions and Judicial Offices Act 2022 (c. 7)
  57. 9Professional Qualifications Act 2022 (c. 20)
  58. 10Subsidy Control Act 2022 (c. 23)
  59. 11Building Safety Act 2022 (c. 30)
  60. 12Nationality and Borders Act 2022 (c. 36)
  61. Part 2: Consequential amendments
  62. 13European Union (Withdrawal) Act 2018
  63. 14Direct Payments to Farmers (Legislative Continuity) Act 2020
  64. Schedule 4: Regulations: restrictions on powers of devolved authorities
  65. 1Introductory
  66. 2No power to make provision outside devolved competence
  67. 3Requirement for consent where it would otherwise be required
  68. 4Requirement for joint exercise where it would otherwise be required
  69. 5Requirement for consultation where it would otherwise be required
  70. Schedule 5: Regulations: procedure
  71. Part 1: General
  72. 1Making of regulations by statutory instrument etc
  73. 2Combining provision
  74. 3Hybrid instruments
  75. Part 2: Powers of relevant national authority: separate exercise
  76. 4Introductory
  77. 5Separate exercise by a Minister of the Crown
  78. 6Separate exercise by a Minister of the Crown
  79. 7Separate exercise by Scottish Ministers
  80. 8Separate exercise by Welsh Ministers
  81. 9Separate exercise by Welsh Ministers
  82. 10Separate exercise by Northern Ireland department
  83. Part 3: Powers of relevant national authority: joint exercise
  84. 11Parliamentary procedure
  85. 12Joint exercise with Scottish Ministers
  86. 13Joint exercise with Scottish Ministers
  87. 14Joint exercise with Welsh Ministers
  88. 15Joint exercise with Northern Ireland department
  89. 16Effect of annulment resolution
  90. 17Transitional, transitory or saving provision