Section 7: Status of retained EU law
- Section 7 makes provision about the status of retained EU law.
- Subsection (1) clarifies that EU-derived domestic legislation which is saved by section 2 will continue as legislation of the same type as it was before exit day.
- Subsections (2) to (4) restrict the way in which retained EU law brought in by sections 3 and 4 can be amended by primary and subordinate legislation. In summary, it broadly provides that such law can be amended by:
- Acts or other primary legislation (such as an Act of the National Assembly for Wales);
- powers to make subordinate legislation which explicitly or implicitly provide that they may amend such law (which includes the powers in sections 8, 9 and 23(1) and (6) of this Act); and
- powers to make subordinate legislation which may amend such law by virtue of the glosses in paragraphs 3 to 8 (existing powers) or 10 to 12 (future powers) of Schedule 8.
- Subsection (5) signposts provisions about the status of retained EU law in other provisions of the Act.
- Subsection (6) provides the following definitions, which divide retained direct EU legislation brought in by sections 3 and 4 into two categories for the purposes of amendability:
- "Retained direct minor EU legislation" is defined as any retained direct EU legislation which is not a retained direct principal EU legislation. This broadly covers EU tertiary legislation and EU decisions; and,
- "Retained direct principal EU legislation" is defined as any EU Regulation which is converted into UK law on or after exit day in accordance with section 3 and which is not EU tertiary legislation. This broadly covers EU Regulations (which are not also EU tertiary legislation). This definition also includes any Annex to the EEA agreement so far as it refers to or amends EU Regulations.
