Retained EU Law (Revocation and Reform) Act 2023
Overview
The Retained EU Law (Revocation and Reform) Act 2023 primarily focuses on reshaping the legal framework for retained EU law in the UK. It is instrumental in adapting the legal system to the changes brought about by the UK’s exit from the EU. The Act introduces a range of modifications and amendments aimed at streamlining the handling of retained EU law, clarifying ambiguities, and ensuring that it aligns with the UK’s post-Brexit priorities.
The key requirements of the Act include:
- Modification of Retained EU Law: The Act deals with amendments to the European Union (Withdrawal) Act 2018 (EUWA 2018). These amendments enable the use of secondary legislation to amend retained direct EU legislation (RDEUL) and EUWA rights. The Act removes certain restrictions to ensure that all RDEUL and EUWA rights can be amended through secondary legislation.
- Procedural Requirements: The Act repeals parliamentary scrutiny and explanatory statement requirements set out in EUWA 2018. These requirements previously applied to the amendment or revocation of specific statutory instruments related to the European Communities Act 1972.
- Powers to Restate Retained EU Law: The Act introduces powers to restate retained EU law and assimilated law, respectively. These powers allow relevant national authorities to restate, reproduce, or replace provisions of retained EU law and assimilated law, subject to certain constraints and limitations.
- General Parameters for Restatements: The Act sets out the general parameters for restatements. This includes allowing changes in wording and concepts, resolving ambiguities, removing doubts or anomalies, and improving the clarity or accessibility of the law.
- Powers to Revoke or Replace: The Act establishes powers to revoke or replace secondary retained EU law (or assimilated law after 2023) with the condition that the overall regulatory burden should not increase. The Act outlines options for revocation without replacement, replacement with equivalent provisions, or making alternative provisions.
The Retained EU Law (Revocation and Reform) Act 2023 was passed on the 29th of June 2023 and applies to the following countries:
- United Kingdom;
- England;
- Scotland;
- Wales; and
- Northern Ireland.
Does the Retained EU Law (Revocation and Reform) Act 2023 affect my business?
The Retained EU Law (Revocation and Reform) Act 2023 will have several notable effects on businesses operating in the UK, particularly those that deal with EU-related regulations. Here are some key implications:
- Streamlined Legal Framework: The Act aims to simplify and streamline the legal framework for retained EU law. This could lead to increased legal clarity and consistency in how businesses must comply with EU-related regulations.
- Increased Flexibility: The Act provides authorities with the power to restate or replace provisions of retained EU law. This flexibility can benefit businesses by allowing for more tailored and efficient regulatory arrangements.
- Reduced Regulatory Burden: The Act emphasizes the importance of not increasing the overall regulatory burden. This could lead to a reduction in unnecessary bureaucratic hurdles for businesses, potentially enhancing competitiveness.
- Implications for Compliance: Businesses will need to stay informed about changes in the legal landscape resulting from the Act. Compliance departments may need to adapt their procedures to ensure alignment with modified regulations.
While these changes can benefit businesses by reducing the regulatory burden and providing more tailored regulatory arrangements, it is crucial for businesses to stay informed and adapt to the evolving legal landscape to ensure compliance and competitiveness in a post-Brexit world.
Do I need the Retained EU Law (Revocation and Reform) Act 2023 in my ISO Compliance Register?
You will need the Retained EU Law (Revocation and Reform) Act 2023 in your ISO Compliance Register if your business falls under one of the following categories:
- Exporters and Importers: Companies engaged in cross-border trade with EU countries will need to adapt to any changes in regulations related to customs, tariffs, and trade agreements.
- Financial Services: Businesses in the financial sector, such as banks, insurance companies, and investment firms, may be impacted by changes in regulations related to EU financial markets and services.
- Manufacturers: Manufacturers that follow EU product standards and regulations may see adjustments in how their products are certified and labeled.
- Pharmaceutical and Healthcare: Companies in the pharmaceutical and healthcare sectors must monitor any modifications to regulations concerning the approval and distribution of medicines and medical devices.
- Legal and Compliance Services: Law firms and compliance consultancies may see increased demand for their services as businesses seek guidance on navigating the evolving legal landscape.
Legislation related to the Retained EU Law (Revocation and Reform) Act 2023
Legislation related to the Retained EU Law (Revocation and Reform) Act 2023 include:
- The Common Rules for Exports (EU Exit) Regulations 2020
More information
Visit the Retained EU Law (Revocation and Reform) Act 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article to your Register.
