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Retained EU Law (Revocation and Reform) Act 2023

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This is the original version (as it was originally enacted).

11Power to restate retained EU law

This section has no associated Explanatory Notes

(1)A relevant national authority may by regulations restate, to any extent, any secondary retained EU law.

(2)In this Act “secondary retained EU law” means—

(a)any retained EU law that is not primary legislation;

(b)any retained EU law that is primary legislation the text of which was inserted by subordinate legislation.

(3)A restatement is not retained EU law.

(4)Any effect which is produced in relation to the thing being restated by virtue of the retained EU law mentioned in subsection (5) does not apply in relation to the restatement.

(5)The retained EU law referred to in subsection (4) is—

(a)the principle of the supremacy of EU law,

(b)retained general principles of EU law, and

(c)anything which is retained EU law by virtue of section 4 or 6(3) or (6) of the European Union (Withdrawal) Act 2018.

(6)But a restatement may, if the relevant authority considers it appropriate, itself produce an effect that is equivalent to an effect referred to in subsection (4).

(7)No regulations may be made under this section after the end of 2023.

(8)In this section—

  • “restatement”: references to restatement, in relation to anything which is retained EU law by virtue of section 4 or 6(3) or (6) of the European Union (Withdrawal) Act 2018, include codification;

  • “retained general principles of EU law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018.

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