Assimilation of retained EU law

I5I13Abolition of supremacy of EU law

1

In section 5 of the European Union (Withdrawal) Act 2018 (exceptions to savings and incorporation), before subsection (1) insert—

A1

The principle of the supremacy of EU law is not part of domestic law.

This applies after the end of 2023, in relation to any enactment or rule of law (whenever passed or made).

A2

Any provision of retained direct EU legislation—

a

must, so far as possible, be read and given effect in a way which is compatible with all domestic enactments, and

b

is subject to all domestic enactments, so far as it is incompatible with them.

A3

Subsection (A2) is subject to—

a

section 186 of the Data Protection Act 2018 (data subject’s rights and other prohibitions and restrictions);

b

regulations under section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023.

2

In that section, at the end insert—

8

In this section “domestic enactment” means an enactment other than one consisting of retained direct EU legislation.

3

In consequence of subsection (1), the European Union (Withdrawal) Act 2018 is amended as follows—

a

in section 5—

i

omit subsections (1) to (3);

ii

in subsection (7), for “(1)” substitute “(A1)”;

b

in section 7(5)(a), for “(1) to (3)” substitute “(A1) to (A3)”;

c

in Schedule 1 omit paragraph 5(2).

I3I44Abolition of general principles of EU law

1

The European Union (Withdrawal) Act 2018 is amended as follows.

2

In section 5 (exceptions to savings and incorporation)—

a

after subsection (A3) (inserted by section 3(1)) insert—

A4

No general principle of EU law is part of domestic law after the end of 2023.

b

omit subsection (5).

3

In section 6 (interpretation)—

a

in subsection (3)(a) omit “and any retained general principles of EU law”;

b

in subsection (7) omit the definition of “retained general principles of EU law”.

4

In section 7(5)(b) (status of retained EU law) omit “and retained general principles of EU law”. 

5

In section 21(1) (index of defined expressions), in the table, omit the entry for “Retained general principles of EU law”. 

6

In Schedule 1 (further provision about exceptions to savings and incorporation) omit paragraphs 2 and 3 (general principles of EU law) and the italic heading before them.

7

In paragraph 39 of Schedule 8 (transitional provision relating to certain exceptions to savings and incorporation)—

a

in sub-paragraph (1) for “1 to 4” substitute “1 and 4”;

b

in sub-paragraph (2) for “1 to 4” substitute “1 and 4”;

c

in sub-paragraph (3) for “paragraphs 3 and” substitute “paragraph”;

d

in sub-paragraph (4) for “1 to 4” substitute “1 and 4”;

e

omit sub-paragraphs (5) and (6).

I65“Assimilated law”

I61

As regards all times after the end of 2023, the things listed in the left-hand column are to be known by the names in the right-hand column.

At or before the end of 2023

After the end of 2023

Retained EU law

Assimilated law

Retained case law

Assimilated case law

Retained direct EU legislation

Assimilated direct legislation

Retained direct minor EU legislation

Assimilated direct minor legislation

Retained direct principal EU legislation

Assimilated direct principal legislation

Retained domestic case law

Assimilated domestic case law

Retained EU case law

Assimilated EU case law

Retained EU obligation

Assimilated obligation

Retained EU law governing the CAP direct payment schemes

Assimilated law governing the CAP direct payment schemes

Retained direct EU CAP legislation

Assimilated direct CAP legislation

I62

Accordingly, as regards all times at or before the end of 2023, the things listed in the right-hand column continue to be known by the names in the left-hand column.

I23

Schedule 2 contains amendments consequential on subsection (1).

I64

A reference in an enactment to a thing in the left-hand column of the table in subsection (1) is to be read, as regards all times after the end of 2023, as a reference to the thing by its name in the right-hand column.

I65

Subsection (4) does not apply to any title of an enactment (including any provision about how an enactment may be cited) or any reference to a title of an enactment.

I66

The provision that may be made by regulations under section 19 (power to make consequential provision) in consequence of subsection (1) of this section includes, in particular—

a

provision adding entries to the table in subsection (1) for things which relate to the things for which there are entries in the table (and adding definitions for those things to subsection (7));

b

provision amending an enactment in consequence of the name of a thing being changed by subsection (1) (including by virtue of regulations under section 19).

I67

In this section—

  • “retained case law”, “retained domestic case law” and “retained EU case law” have the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018 (as it has effect on the day on which this Act is passed);

  • “retained EU law”, “retained direct EU legislation”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained EU obligation” have the meaning given by Schedule 1 to the Interpretation Act 1978 (as it has effect on the day on which this Act is passed);

  • “retained EU law governing the CAP direct payment schemes” and “retained direct EU CAP legislation” have the meaning given by section 2 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (as it has effect on the day on which this Act is passed).