European Union (Withdrawal) Act 2018

7Status of [F1assimilated] lawU.K.

This section has no associated Explanatory Notes

(1)Anything which—

(a)was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

(b)continues to be domestic law on and after exit day by virtue of [F2section 1A(2) or 1B(2)],

continues to be domestic law as an enactment of the same kind.

[F3(1A)Anything which—

(a)was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and

(b)continues to be domestic law on and after IP completion day by virtue of section 2,

continues to be domestic law as an enactment of the same kind.]

[F4(4A)[F5Assimilated direct] legislation F6... may only be modified by—

(a)primary legislation, or

(b)subordinate legislation so far as it is made under a power which permits such a modification by virtue of—

(i)paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,

(ii)any other provision made by or under this Act,

(iii)any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or

(iv)any provision made on or after the passing of this Act by or under primary legislation.]

(5)For other provisions about the status of [F7assimilated] law, see—

(a)section 5 [F8(A1) to (A3)] [F9and (7)] (status of [F7assimilated] law in relation to other enactments or rules of law),

(b)section 6 (status of [F10assimilated] case law F11...),

[F12(ba)section 7C (status of case law of European Court etc. in relation to [F7assimilated] law which is relevant separation agreement law),]

(c)section 15(2) and Part 2 of Schedule 5 (status of [F7assimilated] law for the purposes of the rules of evidence),

[F13(d)paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),]

(e)paragraphs 19 and 20 of that Schedule (status of certain [F14assimilated direct] legislation for the purposes of the Interpretation Act 1978), and

(f)paragraph 30 of that Schedule (status of [F15assimilated direct] legislation for the purposes of the Human Rights Act 1998).

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Word in s. 7 heading substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(a) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F2Words in s. 7(1)(b) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 40(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xv)

F3S. 7(1A) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 40(3) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)

F4S. 7(4A) substituted for s. 7(2)-(4) (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 13

F5Words in s. 7(4A) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F6Words in s. 7(4A) omitted (1.1.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 89(3)

F7Word in s. 7(5) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(c)(i) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F8Words in s. 7(5)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 3(3)(b), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(a)