2023 No. 1424
The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023
Made
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 19(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)1.
The Secretary of State is a relevant national authority for the purpose of section 19(1) of the Act2.
In accordance with paragraph 5(1) and (2) of Schedule 5 to the Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent1
1
These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023.
2
These Regulations come into force on 1st January 2024.
3
A provision of these Regulations that amends or repeals an enactment has the same extent as the enactment amended or repealed unless otherwise specified.
Amendments of primary legislation2
The Schedule to these Regulations (which contains amendments of primary legislation in consequence of the Retained EU Law (Revocation and Reform) Act 2023) has effect.
ScheduleAmendments of primary legislation
Statutory Instruments Act 19461
In the heading of section 11B and in section 11B(1) of the Statutory Instruments Act 19463 for “retained direct EU” (in each place it appears) substitute “assimilated direct”
.
Laying of Documents before Parliament (Interpretation) Act 19482
In section 1(1) of the Laying of Documents before Parliament (Interpretation) Act 19484 for “retained direct EU” (in each place it appears) substitute “assimilated direct”
.
Harbours Act 19643
1
The Harbours Act 19645 is amended as follows.
2
In the following paragraphs of Schedule 3 for “retained EU” substitute “assimilated”
—
a
paragraph 1, in the definition of “environmental assessment”6;
b
paragraph 1A(b)(ii), in the text of the modification7.
Plant Health Act (Northern Ireland) 19674
1
The Plant Health Act (Northern Ireland) 19678 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 2(1)9;
b
section 3(1)10.
International Organisations Act 19685
In section 4B(3A) of the International Organisations Act 196811 for “retained EU” substitute “assimilated”
.
Agriculture Act 19706
In section 74A(1E) and (4) of the Agriculture Act 197012 for “retained direct EU” substitute “assimilated direct”
.
Road Traffic (Foreign Vehicles) Act 19727
In section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 197213 for “retained direct EU” substitute “assimilated direct”
.
Drainage (Northern Ireland) Order 19738
1
The Drainage (Northern Ireland) Order 197314 is amended as follows.
2
In the following provisions for “retained EU” (in each place it appears) substitute “assimilated”
—
a
Articles 12A and 12I15;
b
Schedules 2A and 2B16.
Consumer Credit Act 19749
1
The Consumer Credit Act 197417 is amended as follows.
2
In the following provisions for “a retained EU” substitute “an assimilated”
—
a
section 98A(5)(a)18;
b
section 157(2A)(b)19.
Statutory Rules (Northern Ireland) Order 197910
1
Article 4 of the Statutory Rules (Northern Ireland) Order 197920 is amended as follows.
2
In paragraph (a)(v)21 for “retained direct EU” substitute “assimilated direct”
and omit “(within the meaning of the European Union (Withdrawal) Act 2018)”.
3
In paragraph (a)(vii)22 for “7(b)” substitute “7(2)(b)”
.
4
After paragraph (a)(viii) insert—
ix
any regulations made under section 14(2) or (3) of the Retained EU Law (Revocation and Reform) Act 2023, if the power is expressed to be exercisable by statutory rule for the purposes of this Order.
Highways Act 198011
In section 105ZA of the Highways Act 198023 for “retained EU” (in each place it appears, including in the text of the modification made by subsection (1A)(b)(ii)) substitute “assimilated”
.
Animal Health Act 198112
In the heading of section 64A and in section 64A(a) of the Animal Health Act 198124 for “retained EU” substitute “assimilated”
.
Fisheries Act 198113
1
Section 30 of the Fisheries Act 198125 is amended as follows.
2
For “retained EU”, in each place it appears, except in the definition of “retained EU restriction” in subsection (3), substitute “assimilated”
.
3
In subsection (3)—
a
insert at the appropriate place—
“assimilated restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before IP completion day, and
- b
forms part of assimilated law,
as modified from time to time;
b
omit the definition of “retained EU restriction”.
Road Traffic (Northern Ireland) Order 198114
1
Article 102B of the Road Traffic (Northern Ireland) Order 198126 is amended as follows.
2
In the heading for “Retained EU” substitute “Assimilated”
.
3
Omit paragraphs (3) and (4).
4
In paragraph (5)—
a
omit “or (3)”;
b
for “retained” substitute “assimilated”
.
5
In paragraph (6)—
a
omit the definitions of “recognised and available” and “relevant Directive rights”;
b
in the definition of “retained case law” for “retained” substitute “assimilated”
.
Diseases of Animals (Northern Ireland) Order 198115
In the heading of Article 46A and in Article 46A(1)(a) of the Diseases of Animals (Northern Ireland) Order 198127, for “retained EU” substitute “assimilated”
.
Civil Aviation Act 198216
In section 105(1) of the Civil Aviation Act 198228, in the definition of “enactment”, for “retained direct EU” substitute “assimilated direct”
.
Foreign Limitation Periods Act 198417
In section 8 of the Foreign Limitation Periods Act 198429 for “retained direct EU” (in each place it appears) substitute “assimilated direct”
.
Foreign Limitation Periods (Northern Ireland) Order 198518
1
Article 9 of the Foreign Limitation Periods (Northern Ireland) Order 198530 is amended as follows.
2
In paragraph (1A) for “retained direct EU” substitute “assimilated direct”
.
3
In paragraph (2) for “retained direct EU” substitute “assimilated direct”
.
Agricultural Holdings Act 198619
In section 19A(7) of the Agricultural Holdings Act 198631, in the definition of “statutory duty”, for “retained direct EU” substitute “assimilated direct”
.
Airports Act 198620
In section 74(2)(d) of the Airports Act 198632 for “retained EU” substitute “assimilated”
.
Gas Act 198621
1
The Gas Act 198633 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 4B(4)34;
b
section 4C(2)35;
c
section 48(1)36, in the definition of “designated regulatory function”.
Insolvency Act 198622
In paragraph 15C(4) of Schedule 6 to the Insolvency Act 198637 for “retained EU” substitute “assimilated”
.
Consumer Protection Act 198723
In section 4(1)(a) of the Consumer Protection Act 198738 for “retained EU” substitute “assimilated”
.
Road Traffic Act 198824
1
The Road Traffic Act 198839 is amended as follows.
2
In the italicised heading before section 156A for “Retained EU” substitute “Assimilated”
.
3
In section 156A—
a
in the heading for “Retained EU” substitute “Assimilated”
;
b
omit subsection (3);
c
in subsection (4) omit “or (3)” and for “retained” substitute “assimilated”
;
d
in subsection (5) omit the definitions of “relevant section 4 rights” and “section 4 rights” and in the definition of “retained case law” for “retained” substitute “assimilated”
.
Water Act 198925
In section 174(2)(k) of the Water Act 198940 for “a retained EU” substitute “an assimilated”
.
Electricity Act 198926
1
The Electricity Act 198941 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 3D(5)42;
b
section 3E(2)43;
c
section 64(1), in the definition of “designated regulatory function”44.
Town and Country Planning Act 199027
1
The Town and Country Planning Act 199045 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 61E(8)46;
b
paragraphs 8(2)(f) and 13B(1)(c)(ii) and (6)(a) of Schedule 4B47;
c
paragraph 10(5)(a) of Schedule 4C48.
Contracts (Applicable Law) Act 199028
1
The Contracts (Applicable Law) Act 199049 is amended as follows.
2
In section 3(1)50 for “retained EU” substitute “assimilated”
.
3
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 4A(2)51;
b
section 4B(2)52.
4
In Schedule 1, in Article 2053 for “retained EU” (in each place it appears, including the heading) substitute “assimilated”
.
Environmental Protection Act 199029
1
The Environmental Protection Act 199054 is amended as follows.
2
In section 7(2)(b) and (12)(b)55 for “retained EU” substitute “assimilated”
.
3
In section 34CB(7)56 for “retained direct EU” substitute “assimilated direct”
.
4
In section 75A57—
a
in the text of the modification made by subsection (3)(a)(i) for “retained EU” substitute “assimilated”
;
b
in the text of the modification made by subsection (5)(b) for “retained direct EU” substitute “assimilated direct”
.
5
In section 113(5)58 for “retained EU” substitute “assimilated”
.
6
In section 116(2)59 for “retained EU” substitute “assimilated”
.
7
In section 141(5E)60 for “retained direct EU” substitute “assimilated direct”
.
8
In the heading of section 156 and in section 156(1)(a)61 for “retained EU” substitute “assimilated”
.
9
In section 160A(1)(b)62 for “retained EU” substitute “assimilated”
.
Water Industry Act 199130
1
The Water Industry Act 199163 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 2(7)64;
b
section 92(1)(a)65;
c
section 127(3)(a)66;
d
section 131(3)(a)67.
3
In section 206(3)(k)68 for “a retained” substitute “an assimilated”
.
Water Resources Act 199131
1
The Water Resources Act 199169 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 102(a)70;
b
section 116(1)(a)71.
3
In section 204(2)(k)72 for “a retained EU” substitute “an assimilated”
.
Genetically Modified Organisms (Northern Ireland) Order 199132
In Article 13(2) of the Genetically Modified Organisms (Northern Ireland) Order 199173 for “retained EU” substitute “assimilated”
.
Criminal Justice Act 199333
In Schedule 1 to the Criminal Justice Act 1993, in paragraph 5(1)(a)(i)74, for “retained direct EU” substitute “assimilated direct”
.
European Economic Area Act 199334
1
The European Economic Area Act 199375 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 2(3A)76;
b
section 3(4A)77.
Roads (Northern Ireland) Order 199335
1
The Roads (Northern Ireland) Order 199378 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
Article 67(2A)(a)(ii) and (b)(iii)79, in the text of the modifications;
b
Article 67(4C)(c) and (6)(d)80;
c
Article 67A(7C)(b)81.
Environment Act 199536
1
The Environment Act 199582 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 40(2)(a) and (4)(a)83;
c
section 56(1) (as it applies to England and Wales)87, in the definition of “environmental licence”;
d
section 80(2)(a)88;
e
section 85(5)(a)89;
f
section 87(1)(b)(i)90;
g
section 122(3)(b)(ii) and (4)91.
Private International Law (Miscellaneous Provisions) Act 199537
1
The Private International Law (Miscellaneous Provisions) Act 199592 is amended as follows.
2
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 15A(2)93;
b
section 15B(2)94.
Gas (Northern Ireland) Order 199638
1
The Gas (Northern Ireland) Order 199695 is amended as follows.
2
In Article 7(4A)96 for “retained EU” substitute “assimilated”
.
3
In Article 10A97, in paragraphs (4)(c) and (4A)(b)(iii), for “retained EU” substitute “assimilated”
.
4
In Article 39A(2A)(c)(iii)98 for “retained EU” substitute “assimilated”
.
Industrial Pollution Control (Northern Ireland) Order 199739
1
The Industrial Pollution Control (Northern Ireland) Order 199799 is amended as follows.
2
In Article 7(2)(b)100 for “retained EU” substitute “assimilated”
.
3
In Article 30101, in the heading, paragraph (1)(a) and in the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated”
.
Waste and Contaminated Land (Northern Ireland) Order 199740
1
The Waste and Contaminated Land (Northern Ireland) Order 1997102 is amended as follows.
2
In Article 72(12), in sub-paragraph (b)(iii) of the definition of “pollution control statutory provisions”103, for “retained EU” substitute “assimilated”
.
3
In Article 77104, in the heading, paragraph (1)(a) and in sub-paragraph (a) of the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated”
.
Competition Act 199841
1
The Competition Act 1998105 is amended as follows.
2
In the following provisions for “retained” substitute “assimilated”
—
a
in the heading of section 10 and in section 10(4)(b)(i) and (12)106;
b
in the heading of section 10A107;
c
section 46(3)(e)108;
d
section 59(1)109, in the definitions of “retained block exemption regulation” and “retained exemption”;
e
in the heading of paragraph 9 of Schedule 9110.
3
In the following provisions for “a retained” substitute “an assimilated”
—
a
section 10(A1), (3), (4) (in the words before paragraph (b)) and (5)(a)111;
b
section 10A(1), (3) and (5)112;
c
section 25(8)(a) and (10)113;
d
paragraph 9(a)(i) of Schedule 9114.
Pollution Prevention and Control Act 199942
In Schedule 1 to the Pollution Prevention and Control Act 1999, in paragraph 3(b)115, for “retained EU” substitute “assimilated”
.
Water (Northern Ireland) Order 199943
1
The Water (Northern Ireland) Order 1999 is amended as follows.
2
In Article 36, in the heading, paragraph (1)(a) and in sub-paragraph (a) of the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated”
.
3
In Article 54116, in the heading and in paragraph (1), for “retained EU” substitute “assimilated”
.
Financial Services and Markets Act 200044
1
The Financial Services and Markets Act 2000117 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 97A(2)(b)118;
b
section 138P(2)(b), (5)(a)(ii) and (5)(c)(ii)119;
c
section 143B(4)120;
d
section 144B(2)121;
e
section 192O(3)122;
f
section 313(1)123, in the definition of “the EMIR regulation”;
g
section 391(8G)(b)124;
h
section 417(1), in the definitions of “capital requirements regulation”, “the CSD regulation”, “the EU Benchmarks Regulation 2016”, “market abuse regulation”, “markets in financial instruments regulation”, “MMF Regulation” and “short selling regulation”125.
3
In the following provisions for “retained EU direct” substitute “assimilated direct”
—
a
section 139A(4)126;
b
section 168(4)(jc)(ii)127.
4
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 55J(6AA)(a)(ii) and (c)(ii) and (7ZB)(b)128;
b
section 55K(1)(d)129;
c
section 89K(5A)(b)130;
d
section 89NA(11)(b)131;
e
section 131AB(2)(a)132;
f
section 137Q(5)(a)133;
g
section 137R(5A)(b)134;
h
section 141B(2)135;
i
section 257(1)(b)(iii)136;
j
section 261X(1)(b)(iii)137;
k
section 271E(10)138;
l
section 288A139;
m
section 289(5)(b)140;
n
section 290(1A)(a) and (b)141;
o
section 292(3)(a)(ii)(aa) and (bb)142;
p
section 293A(3)143;
q
section 309H(4)144;
r
section 309Z8(5)145;
s
section 313(1)146, in the definition of “the EMIR regulation”;
t
section 391(8AA)(b), (8BA)(b), (8D)(b) and (8E)(b)147;
u
section 398(1A)(ea) and (eb)(ii)148;
v
section 425C(1)(a) and (ba)149;
w
paragraph 8(3)(a) of Schedule 1ZA150;
x
paragraph 6(8)(b) of Schedule 6A151;
y
paragraphs 11(2)(d)(i)(cc), 23(1) and 23A(d) of Schedule 17A152.
Utilities Act 200045
1
The Utilities Act 2000153 is amended as follows.
2
In section 105(4)(h)154 for “a retained EU” substitute “an assimilated”
.
3
In section 106(1)155, in the definition of “designated regulatory function”, for “retained EU” (in each place it appears) substitute “assimilated”
.
Freedom of Information Act 200046
In section 44(1)(b) of the Freedom of Information Act 2000156 for “retained EU” substitute “assimilated”
.
Anti-terrorism, Crime and Security Act 200147
In section 18(4)(b) of the Anti-terrorism, Crime and Security Act 2001157 for “a retained EU” substitute “an assimilated”
.
Sea Fisheries (Northern Ireland) Order 200248
1
The Sea Fisheries (Northern Ireland) Order 2002158 is amended as follows.
2
In paragraph 3(1) of Schedule 2159 for “retained EU” (in each place it appears) substitute “assimilated”
.
3
In paragraph 3(2)(c) of Schedule 3160 for “a retained EU” substitute “an assimilated”
.
Environment (Northern Ireland) Order 200249
1
The Environment (Northern Ireland) Order 2002161 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
Article 10(3)(a)162;
b
Article 14(5)(a)163;
c
Article 15(1)(b)(i)164;
d
the heading of Article 22 and in Article 22(1)(a)165;
e
Article 26(5)166;
f
paragraphs 3(b)(i), 9B(1) and 9C of Schedule 1167.
Communications Act 200350
1
Section 194A of the Communications Act 2003168 is amended as follows.
2
In subsection (2B)169—
a
for “retained”, in the first place it appears, substitute “assimilated”
;
b
omit “or retained general principle of EU law”.
3
In subsection (6)170—
a
at the appropriate place insert—
“assimilated case law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018;
b
omit the definitions of “retained case law” and “retained general principle of EU law”.
Waste and Emissions Trading Act 200351
In the text of the modifications made by section 37(4) and (6) of the Waste and Emissions Trading Act 2003171—
a
for “retained EU” substitute “assimilated”
;
b
for “retained direct EU” substitute “assimilated direct”
.
Energy (Northern Ireland) Order 200352
1
The Energy (Northern Ireland) Order 2003172 is amended as follows.
2
In Article 2(2)173, in sub-paragraph (a) of the definition of “designated regulatory gas functions”, for “retained EU” substitute “assimilated”
.
3
In Article 6B(2)174 for “retained EU” substitute “assimilated”
.
4
In Article 15(4)175 for “retained EU” substitute “assimilated”
.
5
In Article 38(2)176 for “retained EU” substitute “assimilated”
.
6
In Article 56(1)(b)(ia)177 for “retained EU” substitute “assimilated”
.
7
In Article 63(4)(i)178 for “retained EU” substitute “assimilated”
.
Planning and Compulsory Purchase Act 200453
1
The Planning and Compulsory Purchase Act 2004179 is amended as follows.
2
In the following provisions, for “retained EU” substitute “assimilated”
—
a
section 38A(6)180;
b
paragraphs 11(2)(d) and 14(4) and (6)(a) of Schedule A2181.
Gender Recognition Act 200454
In section 21(6) of the Gender Recognition Act 2004182—
a
for “retained EU” substitute “assimilated”
;
b
omit “or 4”.
Companies (Audit, Investigations and Community Enterprise) Act 200455
In section 15D(4)(h) of the Companies (Audit, Investigations and Community Enterprise) Act 2004183 for “retained EU” substitute “assimilated”
.
Pensions Act 200456
1
The Pensions Act 2004184 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 87(2)(h)185;
b
section 201(2)(g)186.
Inquiries Act 200557
1
The Inquiries Act 2005187 is amended as follows.
2
In the following provisions for “retained enforceable EU” substitute “assimilated enforceable”
—
a
section 19(3)(a)188;
b
section 25(4)(a)189.
3
In section 22(1)(b) for “a retained EU” substitute “an assimilated”
.
4
In section 43(1)—
a
at the appropriate place insert—
“assimilated enforceable obligation” means an obligation (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
b
omit the definition of “retained enforceable EU obligation”.
Pensions (Northern Ireland) Order 200558
1
The Pensions (Northern Ireland) Order 2005190 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
Article 82(2)(h)191;
b
Article 183(2)(g)192.
Equality Act 200659
In section 28(12) and (13) of the Equality Act 2006193 for “retained EU” substitute “assimilated”
.
Animal Welfare Act 200660
In section 29 of the Animal Welfare Act 2006194 for “retained EU” (in each place it appears, including the heading) substitute “assimilated”
.
Companies Act 200661
1
The Companies Act 2006195 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 461(4)(h)196;
b
section 1254(1)(a)197;
c
paragraph 78 of Schedule 11A198.
Legislative and Regulatory Reform Act 200662
In section 12(3) of the Legislative and Regulatory Reform Act 2006199 omit “or anything which is retained EU law by virtue of section 4 of that Act”.
Armed Forces Act 200663
In section 343AF(3)(b) and (4)(b) of the Armed Forces Act 2006200 for “retained direct EU” substitute “assimilated direct”
.
Water and Sewerage Services (Northern Ireland) Order 200664
1
The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
2
In Article 6(11) for “retained EU” substitute “assimilated”
.
3
In Article 135, in paragraphs (1)(a) and (2)(a), for “retained EU” substitute “assimilated”
.
4
In Article 185(3)(a) for “retained EU” substitute “assimilated”
.
5
In Article 189(3)(a) for “retained EU” substitute “assimilated”
.
6
In Article 265(3)(n)201 for “a retained EU” substitute “an assimilated”
.
Statistics and Registration Service Act 200765
1
The Statistics and Registration Service Act 2007202 is amended as follows.
2
In section 29(5) for “retained EU” substitute “assimilated”
.
3
In section 39(4)(b) for “a retained EU” substitute “an assimilated”
.
4
In the following provisions, for “retained direct EU” substitute “assimilated direct”
—
a
section 45A(12)(c);
b
section 45B(3)(c);
c
section 45C(13)(d).
Serious Crime Act 200766
In section 69(2)(d) of the Serious Crime Act 2007203 for “a retained EU” substitute “an assimilated”
.
Planning Act 200867
In Schedule 6 to the Planning Act 2008204, in paragraph 3(7) and (8), for “retained EU” (in each place it appears) substitute “assimilated”
.
Banking Act 200968
1
The Banking Act 2009205 is amended as follows.
2
In the following provisions for “retained EU” (in each place it appears) substitute “assimilated”
—
a
section 3(1), in the definition of “the capital requirements regulation”206;
b
section 4(4)207;
d
section 11A(8)210;
e
section 62A(2A)211;
f
section 81ZZBB(10)(b) and (c)212;
g
section 81ZBC(10)(b) and (c)213;
h
section 81BC(10)(b) and (c)214;
i
section 89JA(4)215, in the text of the modification;
j
section 258A(1)216.
3
In section 206Z6(3)217 for “retained direct EU” substitute “assimilated direct”
.
Borders, Citizenship and Immigration Act 200969
1
The Borders, Citizenship and Immigration Act 2009218 is amended as follows.
2
In the following provisions for “retained EU” (in each place it appears) substitute “assimilated’’—
a
section 1(8)(c)219;
b
section 7(9)(c)220;
c
section 26(7) in the definition of “relevant function”221.
Marine and Coastal Access Act 200970
1
The Marine and Coastal Access Act 2009222 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 30(2)(b) and (4) (in each place it appears)223;
b
section 60(8)(d)224;
c
section 76(2)(a)225;
d
section 123(5)226;
e
section 238(2)(b) (in each place it appears)227.
3
In section 238(10)228—
a
at the appropriate place insert—
“assimilated restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before IP completion day, and
- b
forms part of assimilated law,
as modified from time to time;
b
omit the definition of “retained EU restriction”.
4
In section 278(6)229—
a
at the appropriate place insert—
“assimilated restriction” means a restriction that—
- a
was created or arose by or under the EU Treaties before IP completion day, and
- b
forms part of assimilated law,
as modified from time to time;
b
in the definition of “the fisheries legislation” for “retained EU” (in each place it appears) substitute “assimilated”
;
c
omit the definition of “retained EU restriction”.
Coroners and Justice Act 200971
In Schedule 5 to the Coroners and Justice Act 2009230, in paragraph 2(1), for “a retained EU” substitute “an assimilated”
.
Equality Act 201072
1
The Equality Act 2010231 is amended as follows.
2
In Schedule 3, in paragraphs 15A(5)(c) and 17(5)(c)—
a
for the words from “retained” to “4” substitute “assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3”
;
b
after “and” insert “(in either case)”
.
3
In Schedule 18, in paragraph 2(2)(h)—
a
for the words from “retained” to “4” substitute “assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3”
;
b
after “and” insert “(in either case)”
.
Postal Services Act 201173
1
The Postal Services Act 2011232 is amended as follows.
2
In section 20(4)233 for “retained EU” substitute “assimilated”
.
3
In section 56(2)(g)234 for “a retained EU” substitute “an assimilated”
.
Welfare of Animals Act (Northern Ireland) 201174
In section 28 of the Welfare of Animals Act (Northern Ireland) 2011235 for “retained EU” (in each place it appears, including the heading) substitute “assimilated”
.
Legal Aid, Sentencing and Punishment of Offenders Act 201275
1
The Legal Aid, Sentencing and Punishment of Offenders Act 2012236 is amended as follows.
2
In the following provisions for “retained enforceable EU rights” substitute “assimilated enforceable rights”
—
a
section 10(3)(a)(ii)237;
b
section 32(3)(a)(ii)238.
3
In section 42(1)—
a
at the appropriate place insert—
“assimilated enforceable right” means a right (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
b
omit the definition of “retained enforceable EU right”239.
4
In Schedule 1, in paragraph 30(1)(b)240, for “retained EU” substitute “assimilated”
.
5
In Schedule 3, in paragraph 2(2)(b)241, for “retained enforceable EU rights” substitute “assimilated enforceable rights”
.
Civil Aviation Act 201276
1
The Civil Aviation Act 2012242 is amended as follows.
2
In section 72(1)243, in the definition of “international obligation of the United Kingdom”, for “a retained EU” substitute “an assimilated”
.
3
In Schedule 6, in paragraph 5(b)244, for “a retained EU” substitute “an assimilated”
.
Financial Services Act 201277
1
The Financial Services Act 2012245 is amended as follows.
2
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 82(3)(a)246;
b
section 93(8B)(a)247.
Groceries Code Adjudicator Act 201378
In section 18(3)(b) of the Groceries Code Adjudicator Act 2013248 for “a retained EU” substitute “an assimilated”
.
Energy Act 201379
In section 76A(5) of the Energy Act 2013249 for “retained EU” substitute “assimilated”
.
Financial Services (Banking Reform) Act 201380
In section 97A(2)(b) of the Financial Services (Banking Reform) Act 2013250 for “retained EU” substitute “assimilated”
.
Marine Act (Northern Ireland) 201381
In section 20(5) of the Marine Act (Northern Ireland) 2013251 for “retained EU” substitute “assimilated”
.
Local Audit and Accountability Act 201482
In Schedule 5 to the Local Audit and Accountability Act 2014, in the text of the modification made by paragraph 23(2)(b)252, for “retained EU” substitute “assimilated”
.
Water Act 201483
In Schedule 8 to the Water Act 2014, in paragraph 5(b)253, for “retained EU” substitute “assimilated”
.
Consumer Rights Act 201584
1
The Consumer Rights Act 2015254 is amended as follows.
2
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 32(3)255;
b
section 74(2)256.
Enterprise Act 201685
In section 8(2)(c) of the Enterprise Act 2016257 for “retained EU” substitute “assimilated”
.
Environmental Better Regulation Act (Northern Ireland) 201686
1
The Environmental Better Regulation Act (Northern Ireland) 2016258 is amended as follows.
2
In the following provisions for “retained EU” substitute “assimilated”
—
a
section 1(1)(b)259;
b
paragraph 3(4)(b)260 of Schedule 1.
Data Protection Act 201887
In section 205 of the Data Protection Act 2018261—
a
in paragraph (f) of the definition of “enactment” in subsection (1)262, for “retained direct EU” substitute “assimilated direct”
;
b
in subsection (5)263 for “retained EU” substitute “assimilated”
.
Sanctions and Anti-Money Laundering Act 201888
1
The Sanctions and Anti-Money Laundering Act 2018264 is amended as follows.
2
In section 54(6)(e) and (7) for “retained direct EU” substitute “assimilated direct”
.
3
Omit section 58.
4
In section 62(1) omit the definitions of “retained direct EU legislation” and “retained EU law”.
5
In Schedule 2, in paragraph 23(1) and (2), for “retained” (in each place it appears) substitute “relevant”
.
European Union (Withdrawal) Act 201889
1
The European Union (Withdrawal) Act 2018265 is amended as follows.
2
In section 5A266 for “, 3 or 4”, in each place it appears, substitute “or 3”
.
3
In section 7(4A)267 omit “, and anything which is retained EU law by virtue of section 4,”.
4
In section 20 omit subsection (7).
5
In section 21(1), in the Table omit the entry relating to “anything which is retained EU law by virtue of section 4”.
6
In the following paragraphs of Schedule 8 omit “or anything which is retained EU law by virtue of section 4” (in each place it appears)—
a
paragraph 3(1)268;
b
paragraph 11A(2) and (3)269;
c
paragraph 11B(2) and (3)270;
d
paragraph 12(4)(b)271.
Healthcare (International Arrangements) Act 201990
In section 7(3) of the Healthcare (International Arrangements) Act 2019272 for “retained EU” substitute “assimilated”
.
Direct Payments to Farmers (Legislative Continuity) Act 202091
1
The Direct Payments to Farmers (Legislative Continuity) Act 2020273 is amended as follows.
2
In section 2(6)—
a
for the comma after “retained domestic case law” substitute “and”
;
b
omit “and “retained general principles of EU law””.
3
In section 4(5) for “Retained direct EU” substitute “Assimilated direct”
.
Immigration and Social Security Co-ordination (EU Withdrawal) Act 202092
1
The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020274 is amended as follows.
2
In section 4(2) for “retained EU” substitute “assimilated”
.
3
In section 5(2)(b) for “retained direct EU” substitute “assimilated direct”
.
4
In section 6 omit subsections (5) and (6).
5
In Schedule 1 omit Part 3 (EU-derived rights etc.).
Agriculture Act 202093
1
The Agriculture Act 2020275 is amended as follows.
2
In the following provisions for “retained direct EU” (in each place it appears, including any heading) substitute “assimilated direct”
—
a
section 7(3);
b
section 14;
c
section 15(1);
d
section 16;
e
section 18;
f
section 21(3);
g
section 22;
h
section 32(6);
i
section 42(7);
j
section 47(6) and (8);
k
section 50(3) and (4);
l
section 51, in the definition of “subordinate legislation”;
m
section 53(7);
n
paragraphs 1, 4, 5 and 6 of Part 1 and paragraphs 8 and 9 of Part 2 of Schedule 5;
o
paragraphs 1, 5, 6 and 7 of Part 1 and paragraphs 8 and 9 of Part 2 of Schedule 6.
Fisheries Act 202094
1
The Fisheries Act 2020276 is amended as follows.
2
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 23(11);
b
section 26(2)(b);
c
section 52, in the definition of “subordinate legislation”.
Private International Law (Implementation of Agreements) Act 202095
In Schedule 5 to the Private International Law (Implementation of Agreements) Act 2020277 omit paragraph 2.
United Kingdom Internal Market Act 202096
1
The United Kingdom Internal Market Act 2020278 is amended as follows.
2
In section 58, in the definitions of “legislation” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”
.
3
In Schedule 1, in paragraphs 8, 9 and 10, for “retained EU” substitute “assimilated”
.
European Union (Future Relationship) Act 202097
In section 37 of the European Union (Future Relationship) Act 2020279 for “retained direct EU” (in each place it appears) substitute “assimilated direct”
.
Trade Act 202198
1
The Trade Act 2021280 is amended as follows.
2
In section 1(3) for “retained direct principal EU” substitute “assimilated direct principal”
.
3
In section 2—
a
in subsection (9) for “retained direct principal EU” substitute “assimilated direct principal”
;
b
in subsection (9) for “retained EU” substitute “assimilated”
;
c
in subsection (12) for “retained direct EU” substitute “assimilated direct”
.
4
In section 5, omit subsection (4).
Air Traffic Management and Unmanned Aircraft Act 202199
In section 18 of the Air Traffic Management and Unmanned Aircraft Act 2021281, in the definition of “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”
.
Financial Services Act 2021100
1
The Financial Services Act 2021282 is amended as follows.
2
In section 5(6) for “retained EU” substitute “assimilated”
.
3
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
paragraph (a) of the definition of “enactment” in section 47;
b
Schedule 6, in the text inserted as the definition of “enactment” in paragraph 60(9) of Schedule 2A to the Financial Services and Markets Act 2000283.
Judicial Review and Courts Act 2022101
In section 13(11) of the Judicial Review and Courts Act 2022284, in the definition of “relevant legislation”, for “retained direct EU” substitute “assimilated direct”
.
Advanced Research and Invention Agency Act 2022102
In section 8(7) of the Advanced Research and Invention Agency Act 2022285 for “retained direct EU” substitute “assimilated direct”
.
Professional Qualifications Act 2022103
1
The Professional Qualifications Act 2022286 is amended as follows.
2
In section 6 for “retained EU” (in each place it appears, including the heading) substitute “assimilated”
.
3
In section 19(1) for “retained direct EU” (in each place it appears) substitute “assimilated direct”
.
Subsidy Control Act 2022104
1
The Subsidy Control Act 2022287 is amended as follows.
2
In the following provisions for “retained direct EU” substitute “assimilated direct”
—
a
section 86(2);
b
section 89(1), in the definition of “subordinate legislation”.
Building Safety Act 2022105
In Schedule 11 to the Building Safety Act 2022288, in paragraph 21(1), for “retained EU” substitute “assimilated”
.
Nationality and Borders Act 2022106
Omit section 68 of the Nationality and Borders Act 2022289.
Financial Services and Markets Act 2023107
1
The Financial Services and Markets Act 2023290 is amended as follows.
2
In Part 1, in the heading of Chapter 1, for “retained EU” substitute “assimilated”
.
3
In section 1—
a
in the heading, for “retained EU” substitute “assimilated”
;
b
in subsection (2)(a) for “retained direct principal EU” substitute “assimilated direct principal”
;
c
omit subsection (3).
4
In section 4(3) for “retained EU” substitute “assimilated”
.
5
In section 6—
a
in subsections (2)(a) and (3)(a), for “a retained EU” substitute “an assimilated”
;
b
in subsections (2)(b) and (9)(b) and (c), for “the retained EU” substitute “the assimilated”
.
6
In section 7(1), in the definition of “legislation”, for “retained direct EU” substitute “assimilated direct”
.
7
In section 23(13) for “retained direct EU” substitute “assimilated direct”
.
8
In section 24(11) for “retained direct EU” substitute “assimilated direct”
.
9
In section 80—
a
in subsection (1), in the definitions of “enactment” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”
;
b
omit subsection (2).
10
In Schedule 1—
a
in the Schedule heading, for “retained EU” substitute “assimilated”
;
b
in the heading for Part 1 of the Schedule, for “Retained direct principal EU” substitute “Assimilated direct principal”
;
c
in Part 5, in the definition of “EU-derived legislation”, for “retained direct EU” substitute “assimilated direct”
.
(This note is not part of the Regulations)