The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025

Regulation 2

Schedule 6 Department for Business and Trade

Part 1 Subordinate Legislation

Measuring Container Bottles (EEC Requirements) Regulations 1977

1.  In regulation 2(1A) of the Measuring Container Bottles (EEC Requirements) Regulations 1977(1) for “retained EU” substitute “assimilated”.

General Product Safety Regulations 2005

2.  In regulation 2 of the General Product Safety Regulations 2005(2) in the definition of “relevant enactment” for “retained EU” substitute “assimilated”.

Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

3.  In regulation 24 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008(3) in the text of the modification of section 461(4)(h) of the Companies Act 2006(4) for “retained EU” substitute “assimilated”.

Export Control Order 2008

4.—(1) The Export Control Order 2008(5) is amended as follows.

(2) In the following provisions for “retained” substitute “assimilated”—

(a) article 2(1)—

(i) in the definition of “the dual-use Regulation”, in paragraph (a);

(ii) in the definition of “general export authorisation”, in paragraph (a) (in each place it occurs).

(b) article 8(2)(a) and (b);

(c) article 26(4)(a);

(d) article 28(3)(a);

(e) article 31(1) and (2)(b);

(f) article 32(2);

(g) article 35(1), (2)(a) and (b), (4), (6) and (7) and in the heading;

(h) article 40(1)(b)(i) and (2);

(i) article 43(1)(b).

(3) In article 2(1), omit the definition of “the retained dual-use Regulation”.

(4) In article 2(1), before the definition of “category A goods” insert—

““the assimilated dual-use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)(6);”

Aerosol Dispensers Regulations 2009

5.  In regulation 2(1A) of the Aerosol Dispensers Regulations 2009(7) for “retained EU” substitute “assimilated”.

Provision of Services Regulations 2009

6.—(1) The Provision of Services Regulations 2009(8) are amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated”—

(a) regulation 5(1)(b) and (c);

(b) regulation 17(4);

(c) regulation 22(2)(d)(i) and (ii);

(d) regulation 31(3)(a).

(3) In the following provisions for “retained direct EU” substitute “assimilated direct”—

(a) regulation 6(2)(a) and (b);

(b) regulation 6(4)(a) and (b);

(c) regulation 14(3)(a) and (b).

Toys (Safety) Regulations 2011

7.—(1) The Toys (Safety) Regulations 2011(9) are amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated”—

(a) regulation 3B(1) and (3);

(b) Part 6 of Schedule 2.

Pyrotechnic Articles (Safety) Regulations 2015

8.  In regulation 2(1A) of the Pyrotechnic Articles (Safety) Regulations 2015(10) for “retained EU” substitute “assimilated”.

Lifts Regulations 2016

9.  In regulation 2(1A) of the Lifts Regulations 2016(11) for “retained EU” substitute “assimilated”.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

10.  In regulation 2(1A) and (1C) of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016(12) for “retained EU” substitute “assimilated”.

Non-automatic Weighing Instruments Regulations 2016

11.  In regulation 2(1A) of the Non-automatic Weighing Instruments Regulations 2016(13) for “retained EU” substitute “assimilated”.

Measuring Instruments Regulations 2016

12.  In regulation 2(1A) of the Measuring Instruments Regulations 2016(14) for “retained EU” substitute “assimilated”.

Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

13.—(1) The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019(15) are amended as follows.

(2) In the following provisions for “retained” substitute “assimilated”—

(a) regulation 5(1) to (7);

(b) in regulation 5(8), in each place it occurs, in the definitions of “corresponding retained export authorisation”, “retained authorisation for brokering services”, “retained general export authorisation”, “retained global export authorisation”, “retained individual export authorisation” and “retained national general export authorisation”;

(c) regulation 6(1) to (2);

(d) in regulation 6(3), in the definition of “retained firearms export authorisation”.

Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020

14.—(1) The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020(16) are amended as follows.

(2) In the following provisions for “retained” substitute “assimilated”—

(a) regulation 5 (in each place it occurs) and in the heading;

(b) regulation 6;

(c) regulation 7, in each of the definitions.

Part 2 Assimilated direct legislation

EEC Council Regulation No 1

15.  In Article 1 of EEC Council Regulation No 1 determining the languages to be used by the European Economic Community(17) for “retained EU” substitute “assimilated”.

Regulation (EC) No 2157/2001

16.  In Article AA1(2)(d) of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE)(18) for “retained EU” substitute “assimilated”.

Regulation (EC) No 765/2008

17.  In Article 2(21) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93(19) for “retained EU” substitute “assimilated”.

Regulation (EC) No 428/2009

18.—(1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)(20) is amended as follows.

(2) In the following provisions for “retained” substitute “assimilated”—

(a) Article 2(9);

(b) Article 9(1) (in each place it occurs);

(c) Annexes 2(a) to (f), in the heading.

Regulation (EU) 2019/1150

19.  In Article 1(5) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services(21) for “retained EU” substitute “assimilated”.

(1)

S.I. 1977/932; regulation 2(1A) was inserted by S.I. 2019/696.

(2)

S.I. 2005/1803; in regulation 2 the definition of “relevant enactment” was inserted by S.I. 2019/696, which was itself amended by S.I. 2020/1460 before it came into force.

(3)

S.I. 2008/1911; regulation 24 was amended by S.I. 2011/1043 and S.I. 2019/145.

(4)

2006 c. 46.

(5)

S.I. 2008/3231; articles 2(1), in the definition of “the dual-use Regulation” in paragraph (a), in the definition of “general export authorisation” in paragraph (a) and in the definition of “the retained dual-use Regulation”, 28(3)(a) and 40(1)(b)(i) were amended by S.I. 2022/1300, articles 8(2)(a) and (b), 26(4)(a), 35(1) and (4) and 40(2) were amended by S.I. 2019/137 and S.I. 2022/1300, article 31(1) and (2)(b) was amended by S.I. 2017/85, S.I. 2022/1300 and S.I. 2009/2151, article 32(2) was amended by S.I. 2009/2151, S.I. 2022/1300 and S.I. 2020/1502, article 35(2)(a) and (b) was amended by S.I. 2022/1300, S.I. 2009/2051, S.I. 2019/137 and S.I. 2009/1305, article 35(6) was amended by S.I. 2022/1300 and S.I. 2009/2151, article 35(7) was amended by S.I. 2009/2151 and S.I. 2019/137, article 43(1)(b) was amended by S.I. 2019/137 and S.I. 2011/1043.

(6)

EUR 2009/428; amended by S.I. 2019/771. There is another amending instrument but it is not relevant.

(7)

S.I. 2009/2824; regulation 2(1A) was inserted by S.I. 2019/696.

(8)

S.I. 2009/2999; regulations 5(1)(b) and (c), 6(2)(a) and (b), 6(4)(a) and (b), 14(3)(a) and (b), 17(4), 22(2)(d)(i) and (ii), and 31(3)(a) were amended by S.I. 2018/1329, which was itself amended by S.I. 2020/1038.

(9)

S.I. 2011/1881; regulation 3B(1) and (3) and Part 6 of Schedule 2 were inserted by S.I. 2019/696, which was itself amended by S.I. 2020/852 and S.I. 2020/1460 before it came into force.

(10)

S.I. 2015/1553; regulation 2(1A) was inserted by S.I. 2019/696.

(11)

S.I. 2016/1093; regulation 2(1A) was inserted by S.I. 2019/696.

(12)

S.I. 2016/1107; regulation 2(1A) and (1C) was inserted by S.I. 2019/696.

(13)

S.I. 2016/1152; regulation 2(1A) was inserted by S.I. 2019/696.

(14)

S.I. 2016/1153; regulation 2(1A) was inserted by S.I. 2019/696.

(15)

S.I. 2019/771; regulations 5(1) to (8) and 6(1) to (3) were amended by S.I. 2020/1502.

(16)

S.I. 2020/1660.

(17)

EUR 1958/1; Article 1 was amended by S.I. 2018/1391.

(18)

EUR 2001/2157; Article AA1(2)(d) was inserted by S.I. 2018/1298.

(19)

EUR 2008/765; Article 2(21) was amended by S.I. 2019/696.

(20)

EUR 2009/428; Articles 2(9) and 9(1) and Annexes 2(a) to (f) were amended by S.I. 2019/771.

(21)

EUR 2019/1150; Article 1(5) was amended by S.I. 2020/796.