The European Union (Withdrawal) Act 2018 brought a large number of EU laws and regulation into our domestic law. This was called Retained EU Law (REUL), and had special status, reflecting the supremacy of EU law, European Court of Justice case law and EU legal principles. In September 2022, the Government introduced the Retained EU Law (Revocation and Reform) Bill. The Bill will abolish this special status and will enable the Government, via Parliament, to amend more easily, repeal and replace REUL.
As the Bill is currently drafted, almost all REUL is automatically revoked at the end of 2023, unless a statutory instrument is passed to preserve it. This is known as a ‘sunset’ provision. The Government has tabled an amendment for Lords Report, which will replace the current sunset in the Bill with a list of all EU laws that it intends to revoke under the Bill at the end of 2023. The remainder will continue in force without the need to pass extra legislation. By making it clear which regulations will be removed from our statute book, businesses and all those affected by these laws will have certainty. The Government will retain the vitally important powers in the Bill that allow it to continue to amend REUL, so more complex regulation can still be revoked or reformed after further assessment and consultation.