Cookies on Legislation.gov.uk

The cookies on legislation.gov.uk do two things: they remember any settings you've chosen so you don't have to choose them on every page, and they help us understand how people browse our website, so we can make improvements and fix problems. We need your consent to use some of these cookies.

Search Legislation

Advanced Search

Retained EU Law (Revocation And Reform) Act 2023

Contents

Modification of retained EU law

Section 9: Scope of Powers

  1. Section 9 provides for amendments to Schedule 8 of EUWA 2018. Paragraphs 3 to 12 of Schedule 8 modified powers in other statutes to make secondary legislation, with regard to their use to amend retained direct EU legislation (RDEUL) or section 4 EUWA rights.
  2. These modifications of other powers are subject to a number of restrictions on their use, which were set out in paragraphs 3 to 12 of Schedule 8 of EUWA 2018. There are currently greater restrictions for amendments to retained direct principal EU legislation (defined in 7(6) of EUWA) and section 4 EUWA rights than for amendments to retained direct minor legislation (also defined in 7(6) of EUWA). Section 9 removes some of these restrictions to ensure all RDEUL and section 4 EUWA rights can be amended using powers to make secondary legislation.
  3. Subsection (2) repeals sub-paragraph (1)(b)and sub-paragraph (2) in paragraph 3 of EUWA 2018. This, together with subsection (4) below, removes the restriction that some existing powers may only be used to amend retained direct principal EU legislation or section 4 EUWA rights if they are also capable of amending domestic primary legislation.
  4. Subsection (3) makes amendments to paragraph 4 of Schedule 8 to EUWA. It provides that the parliamentary scrutiny procedure applied to the use of an existing powers amending RDEUL or section 4 EUWA rights, is the same as the procedure applying to the use of that power when amending domestic secondary legislation. This applies to scrutiny procedures for secondary legislation in Parliament, the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly. This removes the restriction that, where an existing power is exercised to amend retained direct principal EU legislation or section 4 EUWA rights, the scrutiny procedure that applies to amending domestic primary legislation must be applied.
  5. Subsection (4) repeals paragraphs 5 and 6 of Schedule 8 to EUWA. This, together with subsection (2), removes the restriction that powers not capable of amending primary legislation may only be used to amend retained direct minor EU legislation.
  6. Subsections (5) remove paragraphs 10 and 11 of Schedule 8 to EUWA.
  7. Subsection (6) replaces these with new paragraphs 11A and 11B. These modify how powers conferred in legislation passed after EUWA may be used. Together with the removal of paragraphs 10 and 11 in Schedule 8 EUWA above- these changes remove certain provisions about how new powers can amend RDEUL They do however contain the restriction that power in retained direct minor EU legislation can only be used to modify retained direct principal EU legislation in ways which are consistent with retained direct principal legislation.
  8. Subsection (7) amends paragraph 12 of Schedule 8 to EUWA. It provides that the replacement of paragraph 11 with paragraph 11A in Schedule 8 to EUWA, affected by subsection (7), does not affect the question of whether the context of a power permits or requires it to be read as capable of amending RDEUL or section 4 EUWA rights.
  9. Subsections (8) and (9) introduce Schedule 2 to the Act, which makes amendments related to the exercise of certain powers to make secondary legislation amending RDEUL.

Section 10: Procedural requirements

  1. Section 10 repeals the parliamentary scrutiny and explanatory statement requirements set out in paragraphs 13 to 15 of Schedule 8 to EUWA. These scrutiny requirements applied to the amendment or revocation of "subordinate legislation made under section 2(2) of the European Communities Act 1972".
  2. Subsection (1) repeals paragraphs 13 to 15 of Schedule 8 to EUWA. This means that it will no longer be a requirement to:
    1. follow the affirmative procedure in relation to certain statutory instruments made on or after IP completion day, which would otherwise be subject to a lesser parliamentary procedure (pursuant to paragraph 13);
    2. follow an enhanced scrutiny procedure in relation to certain statutory instruments made on or after IP completion day (pursuant to paragraph 14); and
    3. make certain explanatory statements (pursuant to paragraph 15).
  3. Subsection (2) makes amendments to EUWA which are consequential on the repeals in sub-paragraph (1).
  4. Subsection (3) makes transitional provision relating to the repeals in sub-paragraph (1). It provides for what happens to existing statutory instruments and existing draft statutory instruments that were already laid subject to the procedural requirements of paragraphs 13 to 15 of Schedule 8 when these provisions are repealed.

Back to top