Retained EU Law (Revocation and Reform) Act 2023

Final provisions

19 Consequential provision

(1) A relevant national authority may by regulations make such provision as the relevant national authority considers appropriate in consequence of this Act.

(2) The provision referred to in subsection (1) includes provision modifying any enactment, including this Act.

20 Regulations: general

(1) A power to make regulations under this Act includes power to make—

(a) different provision for different purposes or areas;

(b) supplementary, incidental, consequential, transitional, transitory or saving provision (including provision modifying any enactment, including this Act).

(2) Schedule 4 contains restrictions on the powers of devolved authorities to make regulations under this Act.

(3) Schedule 5 contains provision about the procedure for making regulations under this Act.

(4) A prohibition in this Act on making regulations after any particular time does not affect the continuation in force of regulations made before that time.

(5) Section 28 of the Small Business, Enterprise and Employment Act 2015 (duty to review regulatory provisions in secondary legislation) does not apply in relation to any power to make regulations under this Act.

21 Interpretation

(1) In this Act—

• “assimilated law” has the meaning given by section 5(1);

• “devolved authority” means—

  (a)

  the Scottish Ministers,

  (b)

  the Welsh Ministers, or

  (c)

  a Northern Ireland department;

• “domestic law” means the law of England and Wales, Scotland or Northern Ireland;

• “enactment” means—

  (a)

  an enactment (whenever passed or made) contained in, or in an instrument made under, any primary legislation, or

  (b)

  any retained direct EU legislation;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for His Majesty’s Revenue and Customs;

• “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly);

• “Northern Ireland devolved authority” means—

  (a)

  the First Minister and deputy First Minister acting jointly,

  (b)

  a Northern Ireland Minister, or

  (c)

  a Northern Ireland department;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  an Act or Measure of Senedd Cymru, or

  (d)

  Northern Ireland legislation;

• “relevant national authority” means—

  (a)

  a Minister of the Crown,

  (b)

  a devolved authority, or

  (c)

  a Minister of the Crown acting jointly with one or more devolved authorities;

• “secondary assimilated law” has the meaning given by section 12(2);

• “secondary retained EU law” has the meaning given by section 11(2);

• “subordinate legislation” means—

  (a)

  an instrument (other than an instrument that is Northern Ireland legislation) made under any primary legislation, or

  (b)

  an instrument made on or after IP completion day under any retained direct EU legislation.

(2) In this Act—

(a) references to an instrument made under an Act include in particular any Order in Council, order, rules, regulations, scheme, warrant or byelaw made under an Act;

(b) references to an instrument made under any retained direct EU legislation include in particular any Order in Council, order, rules, regulations, scheme, warrant or byelaw made under any retained direct EU legislation.

(3) In this Act references to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018 include references to any modifications, made on or after IP completion day, of the rights, powers, liabilities, obligations, restrictions, remedies or procedures concerned.

22 Commencement, transitional and savings

(1) The following provisions come into force on the day on which this Act is passed—

(a) sections 1 and 2;

(b) section 5(1), (2) and (4) to (7);

(c) section 7;

(d) sections 9 to 17 and Schedule 3;

(e) sections 19 to 21, this section, section 23 and Schedules 4 and 5.

(2) Section 18 comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) The other provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint.

(4) A relevant national authority may by regulations make such transitional, transitory or saving provision as the relevant national authority considers appropriate in connection with—

(a) the coming into force of any provision of this Act,

(b) the revocation of anything by section 1, or

(c) anything ceasing to be recognised or available in domestic law (and, accordingly, ceasing to be enforced, allowed or followed) as a result of section 2.

(5) Sections 2, 3 and 4 do not apply in relation to anything occurring before the end of 2023.

(6) The amendments made by Schedule 2 do not apply as regards any time at or before the end of 2023.

23 Extent and short title

(1) Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.

(2) Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.

(3) This Act may be cited as the Retained EU Law (Revocation and Reform) Act 2023.