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Retained EU Law (Revocation and Reform) Act 2023

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This is the original version (as it was originally enacted).

12Power to restate assimilated law or reproduce sunsetted retained EU rights, powers, liabilities etc

This section has no associated Explanatory Notes

(1)A relevant national authority may by regulations restate, to any extent, any secondary assimilated law.

(2)In this Act “secondary assimilated law” means—

(a)any assimilated law that is not primary legislation;

(b)any assimilated law that is primary legislation the text of which was inserted by subordinate legislation.

(3)A restatement is not assimilated law.

(4)Any effect which is produced in relation to the thing being restated by virtue of anything that is assimilated law by virtue of section 6(3) or (6) of the European Union (Withdrawal) Act 2018 does not apply in relation to the restatement.

(5)But a restatement may, if the relevant national authority considers it appropriate, itself produce an effect that is equivalent to an effect referred to in subsection (4).

(6)A restatement may also, if the relevant national authority considers it appropriate, produce an effect that is equivalent to an effect within subsection (7).

(7)An effect is within this subsection if it would, but for sections 2 to 4, be produced in relation to the thing being restated by virtue of—

(a)the principle of the supremacy of EU law,

(b)retained general principles of EU law, or

(c)anything which was retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018.

(8)A relevant national authority may by regulations reproduce, to any extent, the effect that anything which was retained EU law by virtue of section 4 or 6(3) or (6) of European Union (Withdrawal) Act 2018 would have, but for sections 2 to 4 of this Act.

(9)No regulations may be made under this section after 23 June 2026.

(10)In this section—

  • “restatement”: references to restatement, in relation to anything which is assimilated law by virtue of section 6(3) or (6) of the European Union (Withdrawal) Act 2018, include codification;

  • “retained general principles of EU law” has the meaning that was given by section 6(7) of the European Union (Withdrawal) Act 2018 immediately before the end of 2023.

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