Regulation 2
ScheduleAmendments of primary legislation
This schedule has no associated Explanatory Memorandum
Statutory Instruments Act 1946
1. In the heading of section 11B and in section 11B(1) of the Statutory Instruments Act 1946() for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
Laying of Documents before Parliament (Interpretation) Act 1948
2. In section 1(1) of the Laying of Documents before Parliament (Interpretation) Act 1948() for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
Harbours Act 1964
3.—(1) The Harbours Act 1964() is amended as follows.
(2) In the following paragraphs of Schedule 3 for “retained EU” substitute “assimilated”—
(a)paragraph 1, in the definition of “environmental assessment”();
(b)paragraph 1A(b)(ii), in the text of the modification().
Plant Health Act (Northern Ireland) 1967
4.—(1) The Plant Health Act (Northern Ireland) 1967() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 2(1)();
(b)section 3(1)().
International Organisations Act 1968
5. In section 4B(3A) of the International Organisations Act 1968() for “retained EU” substitute “assimilated”.
Agriculture Act 1970
6. In section 74A(1E) and (4) of the Agriculture Act 1970() for “retained direct EU” substitute “assimilated direct”.
Road Traffic (Foreign Vehicles) Act 1972
7. In section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 1972() for “retained direct EU” substitute “assimilated direct”.
Drainage (Northern Ireland) Order 1973
8.—(1) The Drainage (Northern Ireland) Order 1973() is amended as follows.
(2) In the following provisions for “retained EU” (in each place it appears) substitute “assimilated”—
(a)Articles 12A and 12I();
(b)Schedules 2A and 2B().
Consumer Credit Act 1974
9.—(1) The Consumer Credit Act 1974() is amended as follows.
(2) In the following provisions for “a retained EU” substitute “an assimilated”—
(a)section 98A(5)(a)();
(b)section 157(2A)(b)().
Statutory Rules (Northern Ireland) Order 1979
10.—(1) Article 4 of the Statutory Rules (Northern Ireland) Order 1979() is amended as follows.
(2) In paragraph (a)(v)() for “retained direct EU” substitute “assimilated direct” and omit “(within the meaning of the European Union (Withdrawal) Act 2018)”.
(3) In paragraph (a)(vii)() for “7(b)” substitute “7(2)(b)”.
(4) After paragraph (a)(viii) insert—
“(ix)any regulations made under section 14(2) or (3) of the Retained EU Law (Revocation and Reform) Act 2023, if the power is expressed to be exercisable by statutory rule for the purposes of this Order.”.
Highways Act 1980
11. In section 105ZA of the Highways Act 1980() for “retained EU” (in each place it appears, including in the text of the modification made by subsection (1A)(b)(ii)) substitute “assimilated”.
Animal Health Act 1981
12. In the heading of section 64A and in section 64A(a) of the Animal Health Act 1981() for “retained EU” substitute “assimilated”.
Fisheries Act 1981
13.—(1) Section 30 of the Fisheries Act 1981() is amended as follows.
(2) For “retained EU”, in each place it appears, except in the definition of “retained EU restriction” in subsection (3), substitute “assimilated”.
(3) In subsection (3)—
(a)insert at the appropriate place—
““assimilated restriction” means a restriction that—
(a)
was created or arose by or under the EU Treaties before IP completion day, and
(b)
forms part of assimilated law,
as modified from time to time;”;
(b)omit the definition of “retained EU restriction”.
Road Traffic (Northern Ireland) Order 1981
14.—(1) Article 102B of the Road Traffic (Northern Ireland) Order 1981() is amended as follows.
(2) In the heading for “Retained EU” substitute “Assimilated”.
(3) Omit paragraphs (3) and (4).
(4) In paragraph (5)—
(a)omit “or (3)”;
(b)for “retained” substitute “assimilated”.
(5) In paragraph (6)—
(a)omit the definitions of “recognised and available” and “relevant Directive rights”;
(b)in the definition of “retained case law” for “retained” substitute “assimilated”.
Diseases of Animals (Northern Ireland) Order 1981
15. In the heading of Article 46A and in Article 46A(1)(a) of the Diseases of Animals (Northern Ireland) Order 1981(), for “retained EU” substitute “assimilated”.
Civil Aviation Act 1982
16. In section 105(1) of the Civil Aviation Act 1982(), in the definition of “enactment”, for “retained direct EU” substitute “assimilated direct”.
Foreign Limitation Periods Act 1984
17. In section 8 of the Foreign Limitation Periods Act 1984() for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
Foreign Limitation Periods (Northern Ireland) Order 1985
18.—(1) Article 9 of the Foreign Limitation Periods (Northern Ireland) Order 1985() is amended as follows.
(2) In paragraph (1A) for “retained direct EU” substitute “assimilated direct”.
(3) In paragraph (2) for “retained direct EU” substitute “assimilated direct”.
Agricultural Holdings Act 1986
19. In section 19A(7) of the Agricultural Holdings Act 1986(), in the definition of “statutory duty”, for “retained direct EU” substitute “assimilated direct”.
Airports Act 1986
20. In section 74(2)(d) of the Airports Act 1986() for “retained EU” substitute “assimilated”.
Gas Act 1986
21.—(1) The Gas Act 1986() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 4B(4)();
(b)section 4C(2)();
(c)section 48(1)(), in the definition of “designated regulatory function”.
Insolvency Act 1986
22. In paragraph 15C(4) of Schedule 6 to the Insolvency Act 1986() for “retained EU” substitute “assimilated”.
Consumer Protection Act 1987
23. In section 4(1)(a) of the Consumer Protection Act 1987() for “retained EU” substitute “assimilated”.
Road Traffic Act 1988
24.—(1) The Road Traffic Act 1988() is amended as follows.
(2) In the italicised heading before section 156A for “Retained EU” substitute “Assimilated”.
(3) In section 156A—
(a)in the heading for “Retained EU” substitute “Assimilated”;
(b)omit subsection (3);
(c)in subsection (4) omit “or (3)” and for “retained” substitute “assimilated”;
(d)in subsection (5) omit the definitions of “relevant section 4 rights” and “section 4 rights” and in the definition of “retained case law” for “retained” substitute “assimilated”.
Water Act 1989
25. In section 174(2)(k) of the Water Act 1989() for “a retained EU” substitute “an assimilated”.
Electricity Act 1989
26.—(1) The Electricity Act 1989() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 3D(5)();
(b)section 3E(2)();
(c)section 64(1), in the definition of “designated regulatory function”().
Town and Country Planning Act 1990
27.—(1) The Town and Country Planning Act 1990() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 61E(8)();
(b)paragraphs 8(2)(f) and 13B(1)(c)(ii) and (6)(a) of Schedule 4B();
(c)paragraph 10(5)(a) of Schedule 4C().
Contracts (Applicable Law) Act 1990
28.—(1) The Contracts (Applicable Law) Act 1990() is amended as follows.
(2) In section 3(1)() for “retained EU” substitute “assimilated”.
(3) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 4A(2)();
(b)section 4B(2)().
(4) In Schedule 1, in Article 20() for “retained EU” (in each place it appears, including the heading) substitute “assimilated”.
Environmental Protection Act 1990
29.—(1) The Environmental Protection Act 1990() is amended as follows.
(2) In section 7(2)(b) and (12)(b)() for “retained EU” substitute “assimilated”.
(3) In section 34CB(7)() for “retained direct EU” substitute “assimilated direct”.
(4) In section 75A()—
(a)in the text of the modification made by subsection (3)(a)(i) for “retained EU” substitute “assimilated”;
(b)in the text of the modification made by subsection (5)(b) for “retained direct EU” substitute “assimilated direct”.
(5) In section 113(5)() for “retained EU” substitute “assimilated”.
(6) In section 116(2)() for “retained EU” substitute “assimilated”.
(7) In section 141(5E)() for “retained direct EU” substitute “assimilated direct”.
(8) In the heading of section 156 and in section 156(1)(a)() for “retained EU” substitute “assimilated”.
(9) In section 160A(1)(b)() for “retained EU” substitute “assimilated”.
Water Industry Act 1991
30.—(1) The Water Industry Act 1991() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 2(7)();
(b)section 92(1)(a)();
(c)section 127(3)(a)();
(d)section 131(3)(a)().
(3) In section 206(3)(k)() for “a retained” substitute “an assimilated”.
Water Resources Act 1991
31.—(1) The Water Resources Act 1991() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 102(a)();
(b)section 116(1)(a)().
(3) In section 204(2)(k)() for “a retained EU” substitute “an assimilated”.
Genetically Modified Organisms (Northern Ireland) Order 1991
32. In Article 13(2) of the Genetically Modified Organisms (Northern Ireland) Order 1991() for “retained EU” substitute “assimilated”.
Criminal Justice Act 1993
33. In Schedule 1 to the Criminal Justice Act 1993, in paragraph 5(1)(a)(i)(), for “retained direct EU” substitute “assimilated direct”.
European Economic Area Act 1993
34.—(1) The European Economic Area Act 1993() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 2(3A)();
(b)section 3(4A)().
Roads (Northern Ireland) Order 1993
35.—(1) The Roads (Northern Ireland) Order 1993() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)Article 67(2A)(a)(ii) and (b)(iii)(), in the text of the modifications;
(b)Article 67(4C)(c) and (6)(d)();
(c)Article 67A(7C)(b)().
Environment Act 1995
36.—(1) The Environment Act 1995() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 40(2)(a) and (4)(a)();
(b)section 41(1)(f) (as it applies to England and Wales)(), (1)(g)() and (2)(g)();
(c)section 56(1) (as it applies to England and Wales)(), in the definition of “environmental licence”;
(d)section 80(2)(a)();
(e)section 85(5)(a)();
(f)section 87(1)(b)(i)();
(g)section 122(3)(b)(ii) and (4)().
Private International Law (Miscellaneous Provisions) Act 1995
37.—(1) The Private International Law (Miscellaneous Provisions) Act 1995() is amended as follows.
(2) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 15A(2)();
(b)section 15B(2)().
Gas (Northern Ireland) Order 1996
38.—(1) The Gas (Northern Ireland) Order 1996() is amended as follows.
(2) In Article 7(4A)() for “retained EU” substitute “assimilated”.
(3) In Article 10A(), in paragraphs (4)(c) and (4A)(b)(iii), for “retained EU” substitute “assimilated”.
(4) In Article 39A(2A)(c)(iii)() for “retained EU” substitute “assimilated”.
Industrial Pollution Control (Northern Ireland) Order 1997
39.—(1) The Industrial Pollution Control (Northern Ireland) Order 1997() is amended as follows.
(2) In Article 7(2)(b)() for “retained EU” substitute “assimilated”.
(3) In Article 30(), in the heading, paragraph (1)(a) and in the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated”.
Waste and Contaminated Land (Northern Ireland) Order 1997
40.—(1) The Waste and Contaminated Land (Northern Ireland) Order 1997() is amended as follows.
(2) In Article 72(12), in sub-paragraph (b)(iii) of the definition of “pollution control statutory provisions”(), for “retained EU” substitute “assimilated”.
(3) In Article 77(), in the heading, paragraph (1)(a) and in sub-paragraph (a) of the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated”.
Competition Act 1998
41.—(1) The Competition Act 1998() is amended as follows.
(2) In the following provisions for “retained” substitute “assimilated”—
(a)in the heading of section 10 and in section 10(4)(b)(i) and (12)();
(b)in the heading of section 10A();
(c)section 46(3)(e)();
(d)section 59(1)(), in the definitions of “retained block exemption regulation” and “retained exemption”;
(e)in the heading of paragraph 9 of Schedule 9().
(3) In the following provisions for “a retained” substitute “an assimilated”—
(a)section 10(A1), (3), (4) (in the words before paragraph (b)) and (5)(a)();
(b)section 10A(1), (3) and (5)();
(c)section 25(8)(a) and (10)();
(d)paragraph 9(a)(i) of Schedule 9().
Pollution Prevention and Control Act 1999
42. In Schedule 1 to the Pollution Prevention and Control Act 1999, in paragraph 3(b)(), for “retained EU” substitute “assimilated”.
Water (Northern Ireland) Order 1999
43.—(1) The Water (Northern Ireland) Order 1999 is amended as follows.
(2) In Article 36, in the heading, paragraph (1)(a) and in sub-paragraph (a) of the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated”.
(3) In Article 54(), in the heading and in paragraph (1), for “retained EU” substitute “assimilated”.
Financial Services and Markets Act 2000
44.—(1) The Financial Services and Markets Act 2000() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 97A(2)(b)();
(b)section 138P(2)(b), (5)(a)(ii) and (5)(c)(ii)();
(c)section 143B(4)();
(d)section 144B(2)();
(e)section 192O(3)();
(f)section 313(1)(), in the definition of “the EMIR regulation”;
(g)section 391(8G)(b)();
(h)section 417(1), in the definitions of “capital requirements regulation”, “the CSD regulation”, “the EU Benchmarks Regulation 2016”, “market abuse regulation”, “markets in financial instruments regulation”, “MMF Regulation” and “short selling regulation”().
(3) In the following provisions for “retained EU direct” substitute “assimilated direct”—
(a)section 139A(4)();
(b)section 168(4)(jc)(ii)().
(4) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 55J(6AA)(a)(ii) and (c)(ii) and (7ZB)(b)();
(b)section 55K(1)(d)();
(c)section 89K(5A)(b)();
(d)section 89NA(11)(b)();
(e)section 131AB(2)(a)();
(f)section 137Q(5)(a)();
(g)section 137R(5A)(b)();
(h)section 141B(2)();
(i)section 257(1)(b)(iii)();
(j)section 261X(1)(b)(iii)();
(k)section 271E(10)();
(l)section 288A();
(m)section 289(5)(b)();
(n)section 290(1A)(a) and (b)();
(o)section 292(3)(a)(ii)(aa) and (bb)();
(p)section 293A(3)();
(q)section 309H(4)();
(r)section 309Z8(5)();
(s)section 313(1)(), in the definition of “the EMIR regulation”;
(t)section 391(8AA)(b), (8BA)(b), (8D)(b) and (8E)(b)();
(u)section 398(1A)(ea) and (eb)(ii)();
(v)section 425C(1)(a) and (ba)();
(w)paragraph 8(3)(a) of Schedule 1ZA();
(x)paragraph 6(8)(b) of Schedule 6A();
(y)paragraphs 11(2)(d)(i)(cc), 23(1) and 23A(d) of Schedule 17A().
Utilities Act 2000
45.—(1) The Utilities Act 2000() is amended as follows.
(2) In section 105(4)(h)() for “a retained EU” substitute “an assimilated”.
(3) In section 106(1)(), in the definition of “designated regulatory function”, for “retained EU” (in each place it appears) substitute “assimilated”.
Freedom of Information Act 2000
46. In section 44(1)(b) of the Freedom of Information Act 2000() for “retained EU” substitute “assimilated”.
Anti-terrorism, Crime and Security Act 2001
47. In section 18(4)(b) of the Anti-terrorism, Crime and Security Act 2001() for “a retained EU” substitute “an assimilated”.
Sea Fisheries (Northern Ireland) Order 2002
48.—(1) The Sea Fisheries (Northern Ireland) Order 2002() is amended as follows.
(2) In paragraph 3(1) of Schedule 2() for “retained EU” (in each place it appears) substitute “assimilated”.
(3) In paragraph 3(2)(c) of Schedule 3() for “a retained EU” substitute “an assimilated”.
Environment (Northern Ireland) Order 2002
49.—(1) The Environment (Northern Ireland) Order 2002() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)Article 10(3)(a)();
(b)Article 14(5)(a)();
(c)Article 15(1)(b)(i)();
(d)the heading of Article 22 and in Article 22(1)(a)();
(e)Article 26(5)();
(f)paragraphs 3(b)(i), 9B(1) and 9C of Schedule 1().
Communications Act 2003
50.—(1) Section 194A of the Communications Act 2003() is amended as follows.
(2) In subsection (2B)()—
(a)for “retained”, in the first place it appears, substitute “assimilated”;
(b)omit “or retained general principle of EU law”.
(3) In subsection (6)()—
(a)at the appropriate place insert—
““assimilated case law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018;”;
(b)omit the definitions of “retained case law” and “retained general principle of EU law”.
Waste and Emissions Trading Act 2003
51. In the text of the modifications made by section 37(4) and (6) of the Waste and Emissions Trading Act 2003()—
(a)for “retained EU” substitute “assimilated”;
(b)for “retained direct EU” substitute “assimilated direct”.
Energy (Northern Ireland) Order 2003
52.—(1) The Energy (Northern Ireland) Order 2003() is amended as follows.
(2) In Article 2(2)(), in sub-paragraph (a) of the definition of “designated regulatory gas functions”, for “retained EU” substitute “assimilated”.
(3) In Article 6B(2)() for “retained EU” substitute “assimilated”.
(4) In Article 15(4)() for “retained EU” substitute “assimilated”.
(5) In Article 38(2)() for “retained EU” substitute “assimilated”.
(6) In Article 56(1)(b)(ia)() for “retained EU” substitute “assimilated”.
(7) In Article 63(4)(i)() for “retained EU” substitute “assimilated”.
Planning and Compulsory Purchase Act 2004
53.—(1) The Planning and Compulsory Purchase Act 2004() is amended as follows.
(2) In the following provisions, for “retained EU” substitute “assimilated”—
(a)section 38A(6)();
(b)paragraphs 11(2)(d) and 14(4) and (6)(a) of Schedule A2().
Gender Recognition Act 2004
54. In section 21(6) of the Gender Recognition Act 2004()—
(a)for “retained EU” substitute “assimilated”;
(b)omit “or 4”.
Companies (Audit, Investigations and Community Enterprise) Act 2004
55. In section 15D(4)(h) of the Companies (Audit, Investigations and Community Enterprise) Act 2004() for “retained EU” substitute “assimilated”.
Pensions Act 2004
56.—(1) The Pensions Act 2004() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 87(2)(h)();
(b)section 201(2)(g)().
Inquiries Act 2005
57.—(1) The Inquiries Act 2005() is amended as follows.
(2) In the following provisions for “retained enforceable EU” substitute “assimilated enforceable”—
(a)section 19(3)(a)();
(b)section 25(4)(a)().
(3) In section 22(1)(b) for “a retained EU” substitute “an assimilated”.
(4) In section 43(1)—
(a)at the appropriate place insert—
““assimilated enforceable obligation” means an obligation (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;”;
(b)omit the definition of “retained enforceable EU obligation”.
Pensions (Northern Ireland) Order 2005
58.—(1) The Pensions (Northern Ireland) Order 2005() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)Article 82(2)(h)();
(b)Article 183(2)(g)().
Equality Act 2006
59. In section 28(12) and (13) of the Equality Act 2006() for “retained EU” substitute “assimilated”.
Animal Welfare Act 2006
60. In section 29 of the Animal Welfare Act 2006() for “retained EU” (in each place it appears, including the heading) substitute “assimilated”.
Companies Act 2006
61.—(1) The Companies Act 2006() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 461(4)(h)();
(b)section 1254(1)(a)();
(c)paragraph 78 of Schedule 11A().
Legislative and Regulatory Reform Act 2006
62. In section 12(3) of the Legislative and Regulatory Reform Act 2006() omit “or anything which is retained EU law by virtue of section 4 of that Act”.
Armed Forces Act 2006
63. In section 343AF(3)(b) and (4)(b) of the Armed Forces Act 2006() for “retained direct EU” substitute “assimilated direct”.
Water and Sewerage Services (Northern Ireland) Order 2006
64.—(1) The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
(2) In Article 6(11) for “retained EU” substitute “assimilated”.
(3) In Article 135, in paragraphs (1)(a) and (2)(a), for “retained EU” substitute “assimilated”.
(4) In Article 185(3)(a) for “retained EU” substitute “assimilated”.
(5) In Article 189(3)(a) for “retained EU” substitute “assimilated”.
(6) In Article 265(3)(n)() for “a retained EU” substitute “an assimilated”.
Statistics and Registration Service Act 2007
65.—(1) The Statistics and Registration Service Act 2007() is amended as follows.
(2) In section 29(5) for “retained EU” substitute “assimilated”.
(3) In section 39(4)(b) for “a retained EU” substitute “an assimilated”.
(4) In the following provisions, for “retained direct EU” substitute “assimilated direct”—
(a)section 45A(12)(c);
(b)section 45B(3)(c);
(c)section 45C(13)(d).
Serious Crime Act 2007
66. In section 69(2)(d) of the Serious Crime Act 2007() for “a retained EU” substitute “an assimilated”.
Planning Act 2008
67. In Schedule 6 to the Planning Act 2008(), in paragraph 3(7) and (8), for “retained EU” (in each place it appears) substitute “assimilated”.
Banking Act 2009
68.—(1) The Banking Act 2009() is amended as follows.
(2) In the following provisions for “retained EU” (in each place it appears) substitute “assimilated”—
(a)section 3(1), in the definition of “the capital requirements regulation”();
(b)section 4(4)();
(c)section 6E(6)() and (10)();
(d)section 11A(8)();
(e)section 62A(2A)();
(f)section 81ZZBB(10)(b) and (c)();
(g)section 81ZBC(10)(b) and (c)();
(h)section 81BC(10)(b) and (c)();
(i)section 89JA(4)(), in the text of the modification;
(j)section 258A(1)().
(3) In section 206Z6(3)() for “retained direct EU” substitute “assimilated direct”.
Borders, Citizenship and Immigration Act 2009
69.—(1) The Borders, Citizenship and Immigration Act 2009() is amended as follows.
(2) In the following provisions for “retained EU” (in each place it appears) substitute “assimilated’’—
(a)section 1(8)(c)();
(b)section 7(9)(c)();
(c)section 26(7) in the definition of “relevant function”().
Marine and Coastal Access Act 2009
70.—(1) The Marine and Coastal Access Act 2009() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 30(2)(b) and (4) (in each place it appears)();
(b)section 60(8)(d)();
(c)section 76(2)(a)();
(d)section 123(5)();
(e)section 238(2)(b) (in each place it appears)().
(3) In section 238(10)()—
(a) at the appropriate place insert—
““assimilated restriction” means a restriction that—
(a)
was created or arose by or under the EU Treaties before IP completion day, and
(b)
forms part of assimilated law,
as modified from time to time;”;
(b)omit the definition of “retained EU restriction”.
(4) In section 278(6)()—
(a)at the appropriate place insert—
““assimilated restriction” means a restriction that—
(a)
was created or arose by or under the EU Treaties before IP completion day, and
(b)
forms part of assimilated law,
as modified from time to time;”;
(b)in the definition of “the fisheries legislation” for “retained EU” (in each place it appears) substitute “assimilated”;
(c)omit the definition of “retained EU restriction”.
Coroners and Justice Act 2009
71. In Schedule 5 to the Coroners and Justice Act 2009(), in paragraph 2(1), for “a retained EU” substitute “an assimilated”.
Equality Act 2010
72.—(1) The Equality Act 2010() is amended as follows.
(2) In Schedule 3, in paragraphs 15A(5)(c) and 17(5)(c)—
(a)for the words from “retained” to “4” substitute “assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3”;
(b)after “and” insert “(in either case)”.
(3) In Schedule 18, in paragraph 2(2)(h)—
(a)for the words from “retained” to “4” substitute “assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3”;
(b)after “and” insert “(in either case)”.
Postal Services Act 2011
73.—(1) The Postal Services Act 2011() is amended as follows.
(2) In section 20(4)() for “retained EU” substitute “assimilated”.
(3) In section 56(2)(g)() for “a retained EU” substitute “an assimilated”.
Welfare of Animals Act (Northern Ireland) 2011
74. In section 28 of the Welfare of Animals Act (Northern Ireland) 2011() for “retained EU” (in each place it appears, including the heading) substitute “assimilated”.
Legal Aid, Sentencing and Punishment of Offenders Act 2012
75.—(1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012() is amended as follows.
(2) In the following provisions for “retained enforceable EU rights” substitute “assimilated enforceable rights”—
(a)section 10(3)(a)(ii)();
(b)section 32(3)(a)(ii)().
(3) In section 42(1)—
(a)at the appropriate place insert—
““assimilated enforceable right” means a right (as modified from time to time) which forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018;”;
(b)omit the definition of “retained enforceable EU right”().
(4) In Schedule 1, in paragraph 30(1)(b)(), for “retained EU” substitute “assimilated”.
(5) In Schedule 3, in paragraph 2(2)(b)(), for “retained enforceable EU rights” substitute “assimilated enforceable rights”.
Civil Aviation Act 2012
76.—(1) The Civil Aviation Act 2012() is amended as follows.
(2) In section 72(1)(), in the definition of “international obligation of the United Kingdom”, for “a retained EU” substitute “an assimilated”.
(3) In Schedule 6, in paragraph 5(b)(), for “a retained EU” substitute “an assimilated”.
Financial Services Act 2012
77.—(1) The Financial Services Act 2012() is amended as follows.
(2) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 82(3)(a)();
(b)section 93(8B)(a)().
Groceries Code Adjudicator Act 2013
78. In section 18(3)(b) of the Groceries Code Adjudicator Act 2013() for “a retained EU” substitute “an assimilated”.
Energy Act 2013
79. In section 76A(5) of the Energy Act 2013() for “retained EU” substitute “assimilated”.
Financial Services (Banking Reform) Act 2013
80. In section 97A(2)(b) of the Financial Services (Banking Reform) Act 2013() for “retained EU” substitute “assimilated”.
Marine Act (Northern Ireland) 2013
81. In section 20(5) of the Marine Act (Northern Ireland) 2013() for “retained EU” substitute “assimilated”.
Local Audit and Accountability Act 2014
82. In Schedule 5 to the Local Audit and Accountability Act 2014, in the text of the modification made by paragraph 23(2)(b)(), for “retained EU” substitute “assimilated”.
Water Act 2014
83. In Schedule 8 to the Water Act 2014, in paragraph 5(b)(), for “retained EU” substitute “assimilated”.
Consumer Rights Act 2015
84.—(1) The Consumer Rights Act 2015() is amended as follows.
(2) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 32(3)();
(b)section 74(2)().
Enterprise Act 2016
85. In section 8(2)(c) of the Enterprise Act 2016() for “retained EU” substitute “assimilated”.
Environmental Better Regulation Act (Northern Ireland) 2016
86.—(1) The Environmental Better Regulation Act (Northern Ireland) 2016() is amended as follows.
(2) In the following provisions for “retained EU” substitute “assimilated”—
(a)section 1(1)(b)();
(b)paragraph 3(4)(b)() of Schedule 1.
Data Protection Act 2018
87. In section 205 of the Data Protection Act 2018()—
(a)in paragraph (f) of the definition of “enactment” in subsection (1)(), for “retained direct EU” substitute “assimilated direct”;
(b)in subsection (5)() for “retained EU” substitute “assimilated”.
Sanctions and Anti-Money Laundering Act 2018
88.—(1) The Sanctions and Anti-Money Laundering Act 2018() is amended as follows.
(2) In section 54(6)(e) and (7) for “retained direct EU” substitute “assimilated direct”.
(3) Omit section 58.
(4) In section 62(1) omit the definitions of “retained direct EU legislation” and “retained EU law”.
(5) In Schedule 2, in paragraph 23(1) and (2), for “retained” (in each place it appears) substitute “relevant”.
European Union (Withdrawal) Act 2018
89.—(1) The European Union (Withdrawal) Act 2018() is amended as follows.
(2) In section 5A() for “, 3 or 4”, in each place it appears, substitute “or 3”.
(3) In section 7(4A)() omit “, and anything which is retained EU law by virtue of section 4,”.
(4) In section 20 omit subsection (7).
(5) In section 21(1), in the Table omit the entry relating to “anything which is retained EU law by virtue of section 4”.
(6) In the following paragraphs of Schedule 8 omit “or anything which is retained EU law by virtue of section 4” (in each place it appears)—
(a)paragraph 3(1)();
(b)paragraph 11A(2) and (3)();
(c)paragraph 11B(2) and (3)();
(d)paragraph 12(4)(b)().
Healthcare (International Arrangements) Act 2019
90. In section 7(3) of the Healthcare (International Arrangements) Act 2019() for “retained EU” substitute “assimilated”.
Direct Payments to Farmers (Legislative Continuity) Act 2020
91.—(1) The Direct Payments to Farmers (Legislative Continuity) Act 2020() is amended as follows.
(2) In section 2(6)—
(a)for the comma after “retained domestic case law” substitute “and”;
(b)omit “and “retained general principles of EU law””.
(3) In section 4(5) for “Retained direct EU” substitute “Assimilated direct”.
Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020
92.—(1) The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020() is amended as follows.
(2) In section 4(2) for “retained EU” substitute “assimilated”.
(3) In section 5(2)(b) for “retained direct EU” substitute “assimilated direct”.
(4) In section 6 omit subsections (5) and (6).
(5) In Schedule 1 omit Part 3 (EU-derived rights etc.).
Agriculture Act 2020
93.—(1) The Agriculture Act 2020() is amended as follows.
(2) In the following provisions for “retained direct EU” (in each place it appears, including any heading) substitute “assimilated direct”—
(a)section 7(3);
(b)section 14;
(c)section 15(1);
(d)section 16;
(e)section 18;
(f)section 21(3);
(g)section 22;
(h)section 32(6);
(i)section 42(7);
(j)section 47(6) and (8);
(k)section 50(3) and (4);
(l)section 51, in the definition of “subordinate legislation”;
(m)section 53(7);
(n)paragraphs 1, 4, 5 and 6 of Part 1 and paragraphs 8 and 9 of Part 2 of Schedule 5;
(o)paragraphs 1, 5, 6 and 7 of Part 1 and paragraphs 8 and 9 of Part 2 of Schedule 6.
Fisheries Act 2020
94.—(1) The Fisheries Act 2020() is amended as follows.
(2) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 23(11);
(b)section 26(2)(b);
(c)section 52, in the definition of “subordinate legislation”.
Private International Law (Implementation of Agreements) Act 2020
95. In Schedule 5 to the Private International Law (Implementation of Agreements) Act 2020() omit paragraph 2.
United Kingdom Internal Market Act 2020
96.—(1) The United Kingdom Internal Market Act 2020() is amended as follows.
(2) In section 58, in the definitions of “legislation” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”.
(3) In Schedule 1, in paragraphs 8, 9 and 10, for “retained EU” substitute “assimilated”.
European Union (Future Relationship) Act 2020
97. In section 37 of the European Union (Future Relationship) Act 2020() for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
Trade Act 2021
98.—(1) The Trade Act 2021() is amended as follows.
(2) In section 1(3) for “retained direct principal EU” substitute “assimilated direct principal”.
(3) In section 2—
(a)in subsection (9) for “retained direct principal EU” substitute “assimilated direct principal”;
(b)in subsection (9) for “retained EU” substitute “assimilated”;
(c)in subsection (12) for “retained direct EU” substitute “assimilated direct”.
(4) In section 5, omit subsection (4).
Air Traffic Management and Unmanned Aircraft Act 2021
99. In section 18 of the Air Traffic Management and Unmanned Aircraft Act 2021(), in the definition of “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”.
Financial Services Act 2021
100.—(1) The Financial Services Act 2021() is amended as follows.
(2) In section 5(6) for “retained EU” substitute “assimilated”.
(3) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)paragraph (a) of the definition of “enactment” in section 47;
(b)Schedule 6, in the text inserted as the definition of “enactment” in paragraph 60(9) of Schedule 2A to the Financial Services and Markets Act 2000().
Judicial Review and Courts Act 2022
101. In section 13(11) of the Judicial Review and Courts Act 2022(), in the definition of “relevant legislation”, for “retained direct EU” substitute “assimilated direct”.
Advanced Research and Invention Agency Act 2022
102. In section 8(7) of the Advanced Research and Invention Agency Act 2022() for “retained direct EU” substitute “assimilated direct”.
Professional Qualifications Act 2022
103.—(1) The Professional Qualifications Act 2022() is amended as follows.
(2) In section 6 for “retained EU” (in each place it appears, including the heading) substitute “assimilated”.
(3) In section 19(1) for “retained direct EU” (in each place it appears) substitute “assimilated direct”.
Subsidy Control Act 2022
104.—(1) The Subsidy Control Act 2022() is amended as follows.
(2) In the following provisions for “retained direct EU” substitute “assimilated direct”—
(a)section 86(2);
(b)section 89(1), in the definition of “subordinate legislation”.
Building Safety Act 2022
105. In Schedule 11 to the Building Safety Act 2022(), in paragraph 21(1), for “retained EU” substitute “assimilated”.
Nationality and Borders Act 2022
106. Omit section 68 of the Nationality and Borders Act 2022().
Financial Services and Markets Act 2023
107.—(1) The Financial Services and Markets Act 2023() is amended as follows.
(2) In Part 1, in the heading of Chapter 1, for “retained EU” substitute “assimilated”.
(3) In section 1—
(a)in the heading, for “retained EU” substitute “assimilated”;
(b)in subsection (2)(a) for “retained direct principal EU” substitute “assimilated direct principal”;
(c)omit subsection (3).
(4) In section 4(3) for “retained EU” substitute “assimilated”.
(5) In section 6—
(a)in subsections (2)(a) and (3)(a), for “a retained EU” substitute “an assimilated”;
(b)in subsections (2)(b) and (9)(b) and (c), for “the retained EU” substitute “the assimilated”.
(6) In section 7(1), in the definition of “legislation”, for “retained direct EU” substitute “assimilated direct”.
(7) In section 23(13) for “retained direct EU” substitute “assimilated direct”.
(8) In section 24(11) for “retained direct EU” substitute “assimilated direct”.
(9) In section 80—
(a)in subsection (1), in the definitions of “enactment” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;
(b)omit subsection (2).
(10) In Schedule 1—
(a)in the Schedule heading, for “retained EU” substitute “assimilated”;
(b)in the heading for Part 1 of the Schedule, for “Retained direct principal EU” substitute “Assimilated direct principal”;
(c)in Part 5, in the definition of “EU-derived legislation”, for “retained direct EU” substitute “assimilated direct”.