Retained EU Law (Revocation and Reform) Act 2023

Interpretation Act 1978U.K.

This section has no associated Explanatory Notes

2(1)The Interpretation Act 1978 is amended as follows.

(2)In section 21 (interpretation etc), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

(3)In section 23ZA (retained direct EU legislation)—

(a)in the heading, for “Retained direct EU” substitute “Assimilated direct”;

(b)for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

(4)In section 23B (application of 1978 Act to Welsh legislation), in subsection (3) for “retained direct EU” substitute “assimilated direct”.

(5)In section 23C (interpretation of the 1978 Act in relation to Welsh legislation), in subsection (1)(d) for “retained direct EU” substitute “assimilated direct”.

(6)In Schedule 1 (words and expressions defined)—

(a)in the entry for “Enactment”, for “retained direct EU” substitute “assimilated direct”;

(b)before the entry for “The Communities” (but after the italic heading “Definitions relating to the EU and the United Kingdom’s withdrawal”), insert—

  • Assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

  • Assimilated obligation” means an obligation 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.

(c)in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct”;

(d)in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”;

(e)omit the entry for “Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

(f)omit the entry for “Retained EU obligation”.

(7)In Schedule 2 (application of Act to existing enactments), in paragraph 8 for “retained direct EU” substitute “assimilated direct”.

Commencement Information

I1Sch. 2 para. 2 not in force at Royal Assent, see s. 22(3)

I2Sch. 2 para. 2 in force at 1.1.2024 by S.I. 2023/1363, reg. 3(e)