We're concerned about government plans to make major changes to retained EU law in the UK by December 2023, which could lead to poor law-making and confusion for UK businesses and consumers.

‘Retained EU law’ is a concept created by the European Union (Withdrawal) Act 2018. This act took a ‘snapshot’ of EU law as it applied to the UK at the end of the Brexit transition period on 31 December 2020 and provided for it to continue to apply in domestic law.

Overview

The Retained EU Law Bill would automatically revoke most retained EU law at the end of 2023, as part of a ‘sunset clause’.

This would not apply to retained EU law that was domestic primary legislation.

Any retained EU law that still applied after the end of 2023 would be renamed as assimilated law.

Ministers and devolved authorities would be able to:

• exempt most (but not all) retained EU law from the sunset clause
• restate, reproduce, revoke, replace or update retained EU law and assimilated law by statutory instrument

UK ministers (but not devolved authorities) could delay the sunset clause until 23 June 2026 at the latest for specific descriptions of retained EU law.

The bill would:

• repeal the principle of supremacy of retained EU law from UK law at the end of 2023, although its effects could be reproduced by statutory instrument for specific pieces of retained EU law
• change the way courts can depart from retained EU case law (clause 7)

It would also change the way that some types of retained EU law can be...

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