4Power to restate and modify saved legislationU.K.
(1)The power under section 86(5) to make saving provision in connection with the revocation of any legislation referred to in Schedule 1 includes power to restate that legislation (as it has effect immediately before its revocation)—
(a)by amending primary legislation or subordinate legislation, or
(b)by making new subordinate legislation.
(2)Regulations made by virtue of subsection (1) may make such modifications of the legislation being restated as the Treasury consider necessary or desirable for or in connection with—
(a)the purpose of making the law clearer or more accessible, or
(b)any of the purposes mentioned in section 3(2).
(3)Legislation restated by virtue of subsection (1) is not [F1assimilated] law.
(4)Where legislation is restated by virtue of subsection (1), the Treasury may by regulations make such further modifications of that legislation as they consider necessary or desirable for or in connection with a purpose referred to in subsection (2)(a) or (b).
(5)Subsection (4) of section 3 applies to regulations made under, or by virtue of, this section as it applies to regulations made under that section.
(6)The power conferred by virtue of subsection (1) to restate legislation may be exercised in relation to the entirety of that legislation or in relation to such parts of it as the Treasury consider appropriate.
(7)The power conferred by virtue of subsection (1) to restate legislation does not include power to restate—
(a)technical standards of the kind mentioned in section 138P(2)(a) of FSMA 2000, or
(b)EU tertiary legislation of the kind mentioned in section 138P(2)(b) of FSMA 2000.
(8)Regulations made by virtue of this section that do not amend primary legislation and contain provision restating only the following kinds of legislation referred to in Schedule 1 are subject to the negative procedure—
(a)EU tertiary legislation;
(b)subordinate legislation that was not subject to affirmative resolution on being made;
(c)any other legislation, so far as restated without any modifications made for a purpose mentioned in section 3(2).
(9)Regulations made by virtue of this section to which subsection (8) does not apply are subject to the affirmative procedure.
Textual Amendments
F1Word in s. 4(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 107(4)
Commencement Information
I1S. 4 not in force at Royal Assent, see s. 86(3)
I2S. 4 in force at 29.8.2023 by S.I. 2023/779, reg. 4(b)