The UK “Retained EU Law (Revocation and Reform) Act 2023” dealing with so-called “Retained EU Law” is now in force. This article looks at the new law in brief.
What’s this all about?
The “Retained EU Law (Revocation and Reform) Bill” received Royal Assent on 29 June 2023 becoming the “Retained EU Law (Revocation and Reform) Act 2023”, entering in force in part then with the remainder entering into force partly two months later and partly upon appointment.
This legislation was hotly debated and eventually the scope of the controversial original so-called “sunset clause’ was replaced with a schedule (Schedule 1) listing around 600 pieces of legislation to be repealed at the end of 2023. Any laws not listed in the schedule will be retained automatically. Key areas of law that seem to be impacted include agricultural-fishing and environmental law. Data protection law does not appear to be impacted. The devil is in the detail.
The “Retained EU Law (Revocation and Reform) Act 2023” also has a significant impact on the status and treatment of Retained EU Law and associated rights and principles. It also includes a range of provisions and powers allowing for further amendment, repeal and replacement of Retained EU Law over time, i.e. there may be more to come in the future in terms of repeal or changes made to Retained EU Law.
Organisations who may be affected by the “Retained EU Law (Revocation and Reform) Act 2023” should consider checking the list of 600 laws that will be repealed to determine if they may be affected by this in terms of compliance.
The changes introduced by the “Retained EU Law (Revocation and Reform) Act 2023” may create significant legal uncertainty (at the end of this year 2023) in terms of legal interpretation, such as with regard to the removal of the principle of the supremacy of EU law, and the removal of EU general principles of law (fundamental rights, proportionality, equality, legitimate interests etc.) – such issues may likely only be resolved through litigation.
Generally-speaking, determining whether (and to what extent) a certain EU-derived legal provision is retained under UK law is in any event a matter of statutory interpretation, which may be a complex issue and require legal advice.
We write about compliance issues here: https://www.corderycompliance.com/news/.
The Retained EU Law (Revocation and Reform) Act 2023 can be found here: https://www.legislation.gov.uk/ukpga/2023/28/contents.
For more information please contact Jonathan Armstrong or André Bywater who are lawyers with Cordery in London where their focus is on compliance issues.
|Jonathan Armstrong, Cordery, Lexis House, 30 Farringdon Street, London, EC4A 4HH||André Bywater, Cordery, Lexis House, 30 Farringdon Street, London, EC4A 4HH|
|Office: +44 (0)207 075 1784||Office: +44 (0)207 347 2365|