Schedules

Schedule 2“Assimilated law”: consequential amendments

Section 5

I5I221Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

1

The Interpretation Act (Northern Ireland) 1954 is amended as follows.

2

In section 1(f) (meaning of “statutory provision”), for sub-paragraphs (ii) and (iii) substitute—

ia

any assimilated direct legislation for the time being in force in Northern Ireland;

3

In section 11 (references to enactments), in subsections (1A) and (1AA), for “retained direct EU” substitute “assimilated direct”.

4

In section 44A (definitions relating to the United Kingdom’s withdrawal from the EU)—

a

before the definition of “EU withdrawal agreement” insert—

  • “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023),

  • “assimilated obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time,

b

omit the definition of “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

c

omit the definition of “retained EU obligation”.

I9I192Interpretation Act 1978

1

The Interpretation Act 1978 is amended as follows.

2

In section 21 (interpretation etc), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

3

In section 23ZA (retained direct EU legislation)—

a

in the heading, for “Retained direct EU” substitute “Assimilated direct”;

b

for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

4

In section 23B (application of 1978 Act to Welsh legislation), in subsection (3) for “retained direct EU” substitute “assimilated direct”.

5

In section 23C (interpretation of the 1978 Act in relation to Welsh legislation), in subsection (1)(d) for “retained direct EU” substitute “assimilated direct”.

6

In Schedule 1 (words and expressions defined)—

a

in the entry for “Enactment”, for “retained direct EU” substitute “assimilated direct”;

b

before the entry for “The Communities” (but after the italic heading “Definitions relating to the EU and the United Kingdom’s withdrawal”), insert—

  • “Assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

  • “Assimilated obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time.

c

in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct”;

d

in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”;

e

omit the entry for “Retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

f

omit the entry for “Retained EU obligation”.

7

In Schedule 2 (application of Act to existing enactments), in paragraph 8 for “retained direct EU” substitute “assimilated direct”.

I16I63Scotland Act 1998

In section 106 of the Scotland Act 1998 (power to adapt functions), in subsection (5), for “a retained EU” substitute “an assimilated”.

I1I134Northern Ireland Act 1998

In section 27 of the Northern Ireland Act 1998 (quotas for purposes of international etc obligations)—

a

in subsection (1)(a), for “a retained EU” substitute “an assimilated”;

b

in subsection (2), for “retained EU” substitute “assimilated”;

c

in subsection (4A), for “a retained EU” substitute “an assimilated”.

I20I35Government of Wales Act 2006

1

The Government of Wales 2006 is amended as follows.

2

In section 58A (executive ministerial functions), in subsection (4)(d), for “retained EU” substitute “assimilated”.

3

In the italic heading before section 80 (retained EU obligations, human rights and international obligations etc) for “Retained EU” substitute “Assimilated”.

4

In section 80 (retained EU obligations)—

a

in the heading, for “Retained EU” substitute “Assimilated”;

b

in subsection (1), for “A retained EU” substitute “An assimilated”;

c

in subsection (2), for “a retained EU” substitute “an assimilated”;

d

in subsection (3)—

i

for “a retained EU” substitute “an assimilated”;

ii

for “the retained EU” substitute “the assimilated”;

e

in subsection (7)—

i

for “a retained EU” substitute “an assimilated”;

ii

for “the retained EU” substitute “the assimilated”.

I4I26Legislative and Regulatory Reform Act 2006

1

The Legislative and Regulatory Reform Act 2006 (as amended by this Act) is amended as follows.

2

In section 1(6) (power to remove or reduce burdens: definition of “legislation”), in paragraph (ab), for “retained direct EU” substitute “assimilated direct”.

3

In section 12 (procedure: introductory), in subsection (3), for “retained direct EU” substitute “assimilated direct”.

I11I147Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)

1

The Interpretation and Legislative Reform (Scotland) Act 2010 is amended as follows.

2

In section 1 (application of Part 1), in subsection (4), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

3

In section 55 (consequential revocation of transitional Orders)—

a

in subsection (2A), for “retained direct EU” substitute “assimilated direct”;

b

in subsection (2B)(d)—

i

before the entry for “EU withdrawal agreement” (but after the italic heading), insert—

  • “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

  • “assimilated obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time.

ii

omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

iii

omit the entry for “retained EU obligation”;

iv

in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct”;

v

in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”.

4

In Schedule 1 (definitions of words and expressions)—

a

in the entry for “enactment”, for “retained direct EU” (in each place it appears) substitute “assimilated direct”;

b

in the entry for “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;

c

before the entry for “EU withdrawal agreement” (but after the italic heading “Definitions relating to EU exit”), insert—

  • “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the same meaning as in the European Union (Withdrawal) Act 2018 (see sections 6(7) and 20(1) of that Act) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 and section 5 of the Retained EU Law (Revocation and Reform) Act 2023).

  • “assimilated obligation” means an obligation that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time.

d

omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation”;

e

omit the entry for “retained EU obligation”;

f

in the entry for “EU instrument”, for “retained direct EU” substitute “assimilated direct”.

I7I178European Union (Withdrawal) Act 2018

1

The European Union (Withdrawal) Act 2018 (as amended by this Act) is amended as follows.

2

In section 5 (exceptions to savings and incorporation), in subsections (A2) and (8), for “retained direct EU” substitute “assimilated direct”.

3

In section 6 (interpretation of retained EU law)—

a

in the heading for “retained EU” substitute “assimilated”;

b

in subsection (3)—

i

for “retained EU” substitute “assimilated”;

ii

in paragraph (a) for “retained” (in the first place it appears) substitute “assimilated”;

c

in subsections (4) to (5ZA), for “retained” (in each place it appears) substitute “assimilated”;

d

in subsection (6), for “retained EU” substitute “assimilated”;

e

in subsection (7)—

i

before the definition of “higher court” insert—

  • “assimilated case law” means—

    1. a

      assimilated domestic case law, and

    2. b

      assimilated EU case law;

  • “assimilated domestic case law” means any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before IP completion day and so far as they—

    1. a

      relate to anything to which section 2 or 3 applies, and

    2. b

      are not excluded by section 5 or Schedule 1,

    (as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

  • “assimilated EU case law” means any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before IP completion day and so far as they—

    1. a

      relate to anything to which section 2 or 3 applies, and

    2. b

      are not excluded by section 5 or Schedule 1,

    (as those principles and decisions are modified by or under this Act or by other domestic law from time to time);

  • “assimilated law” means anything which, on or after IP completion day, continues to be, or forms part of, domestic law by virtue of section 2 or 3 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time);

ii

omit the definitions of “retained case law”, “retained domestic case law”, “retained EU case law” and “retained EU law”.

4

In section 6A (references on retained case law by lower courts or tribunals), for “retained” (in each place it appears, including the heading) substitute “assimilated”.

5

In section 6B (references on retained case law by UK or devolved law officers), for “retained” (in each place it appears, including the heading) substitute “assimilated”.

6

In section 6C (interventions on retained case law by UK or devolved law officers), for “retained” (in each place it appears, including the heading) substitute “assimilated”.

7

In section 6D (incompatibility orders), in subsection (1)(a) and (b), for “retained direct EU” substitute “assimilated direct”.

8

In section 7 (status of retained EU law)—

a

in the heading for “retained EU” substitute “assimilated”;

b

in subsection (4A) for “Retained direct EU” substitute “Assimilated direct”;

c

in subsection (5)—

i

for “retained EU” (in each place it appears) substitute “assimilated”;

ii

in paragraph (b), for “retained” (in the first place it appears) substitute “assimilated”;

iii

in paragraphs (e) and (f), for “retained direct EU” substitute “assimilated direct”.

d

omit subsection (6).

9

In section 20(1) (interpretation)—

a

before the definition of “Charter of Fundamental Rights” insert—

  • “assimilated direct legislation” means any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after IP completion day);

  • “assimilated direct minor legislation” means any assimilated direct legislation which is not assimilated direct principal legislation;

  • “assimilated direct principal legislation” means—

    1. a

      any EU regulation so far as it—

      1. i

        forms part of domestic law on and after IP completion day by virtue of section 3, and

      2. ii

        was not EU tertiary legislation immediately before IP completion day, or

    2. b

      any Annex to the EEA agreement so far as it—

      1. i

        forms part of domestic law on and after IP completion day by virtue of section 3, and

      2. ii

        refers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a),

    (as modified by or under this Act or by other domestic law from time to time);

b

in the definition of “enactment”, in paragraph (h), for “retained direct EU” substitute “assimilated direct”;

c

omit the definition of “retained direct EU legislation”;

d

in the definition of “subordinate legislation” for “retained direct EU” substitute “assimilated direct”.

10

In section 21(1) (index of defined expressions), in the table—

a

after the entry for “Article (in relation the Treaty on European Union or the Treaty on the Functioning of the European Union)”, insert—

Assimilated case law

Section 6(7)

Assimilated direct legislation

Section 20(1)

Assimilated direct minor legislation

Section 20(1)

Assimilated direct principal legislation

Section 20(1)

Assimilated domestic case law

Section 6(7)

Assimilated EU case law

Section 6(7)

Assimilated law

Section 6(7)

b

omit the entries for “Retained case law”, “Retained direct EU legislation”, “Retained direct minor EU legislation”, “Retained direct principal EU legislation”, “Retained domestic case law”, “Retained EU case law” and “Retained EU law”.

11

In Schedule 1 (further provision about exceptions to savings and incorporation), for “retained EU” (in each place it appears) substitute “assimilated”.

12

In Schedule 4 (powers in connection with fees and charges), in paragraph 7(1)(b) (power to modify pre-exit fees or charges), for “retained EU” substitute “assimilated”.

13

In Schedule 5 (publication and rules of evidence), in paragraph 4(5) (definition of “relevant matter” for power to make provision about judicial notice and admissibility), for paragraph (a) substitute—

a

assimilated law,

14

In Schedule 7 (regulations)—

a

in the italic heading before paragraph 9, for “retained EU” substitute “assimilated”;

b

in paragraphs 21, 23 and 28, for “retained EU” (in each place it appears) substitute “assimilated”.

15

In Schedule 8 (consequential etc provision)—

a

in the italic heading before paragraph 1, for “retained direct EU” substitute “assimilated direct”;

b

in paragraphs 2A(6A)(b), 3(1), 8(2), 11A(2), 11B(2) and 12(2)(b), for “retained direct EU” (in each place it appears) substitute “assimilated direct”;

c

in paragraphs 7, 16(3)(b) and 45(2)(b)(i) and (ii), for “retained EU” substitute “assimilated”;

d

in paragraphs 11A(3), 11B(3) and 30—

i

for “retained direct minor EU” (in each place it appears) substitute “assimilated direct minor”;

ii

for “retained direct principal EU” (in each place it appears) substitute “assimilated direct principal”.

I10I129Legislation (Wales) Act 2019 (anaw 4)

1

The Legislation (Wales) Act 2019 is amended as follows.

2

In section 3 (legislation to which Part 2 applies), in subsection (2)(b)—

a

in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;

b

in the English language text, for “retained direct EU” substitute “assimilated direct”.

3

In section 32 (amendments made to or by Welsh legislation), in subsection (3)—

a

in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;

b

in the English language text, for “retained direct EU” substitute “assimilated direct”.

4

In section 39 (power to make subordinate legislation in different forms), in subsection (4)(a)—

a

in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;

b

in the English language text, for “retained direct EU” substitute “assimilated direct”.

5

In section 40 (combining subordinate legislation), in subsection (4)(a)—

a

in the Welsh language text, for “UE a ddargedwir” substitute “a gymathwyd”;

b

in the English language text, for “retained direct EU” substitute “assimilated direct”.

6

In Schedule 1 (definition of words and expressions), in the table—

a

in the Welsh language text—

i

for the entry for “cyfraith UE a ddargedwir” substitute—

cyfraith a gymathwyd (assimilated law)

mae i “cyfraith a gymathwyd” yr ystyr a roddir i “assimilated law” gan adran 6(7) o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018 (p. 16) (gweler hefyd baragraff 7 o Atodlen 1 i Ddeddf Taliadau Uniongyrchol i Ffermwyr (Parhad Deddfwriaethol) 2020 (p. 2) ac adran 5 o Ddeddf Cyfraith yr UE a Ddargedwir (Dirymu a Diwygio) 2023)

ii

in the entries for “cytundeb yr AEE”, “deddfiad”, “is-ddeddfwriaeth” and “offeryn UE”, for “UE a ddargedwir” substitute “a gymathwyd”;

iii

for the entry for “deddfwriaeth uniongyrchol UE a ddargedwir” substitute—

deddfwriaeth uniongyrchol a gymathwyd (assimilated direct legislation)

mae i “deddfwriaeth uniongyrchol a gymathwyd” yr ystyr a roddir i “assimilated direct legislation” gan adran 20(1) o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018 (p. 16) (gweler hefyd baragraff 7 o Atodlen 1 i Ddeddf Taliadau Uniongyrchol i Ffermwyr (Parhad Deddfwriaethol) 2020 (p. 2) ac adran 5 o Ddeddf Cyfraith yr UE a Ddargedwir (Dirymu a Diwygio) 2023)

iv

for the entry for “mân ddeddfwriaeth uniongyrchol UE a ddargedwir” and “prif ddeddfwriaeth uniongyrchol UE a ddargedwir” substitute—

mân ddeddfwriaeth uniongyrchol a gymathwyd (assimilated direct minor legislation)

prif ddeddfwriaeth uniongyrchol a gymathwyd (assimilated direct principal legislation)

mae i “mân ddeddfwriaeth uniongyrchol a gymathwyd” yr ystyr a roddir i “assimilated direct minor legislation” ac mae i “prif ddeddfwriaeth uniongyrchol a gymathwyd” yr ystyr a roddir i “assimilated direct principal legislation” gan adran 20(1) o Ddeddf yr Undeb Ewropeaidd (Ymadael) 2018 (p. 16) (gweler hefyd baragraff 7 o Atodlen 1 i Ddeddf Taliadau Uniongyrchol i Ffermwyr (Parhad Deddfwriaethol) 2020 (p. 2) ac adran 5 o Ddeddf Cyfraith yr UE a Ddargedwir (Dirymu a Diwygio) 2023)

v

for the entry for “rhwymedigaeth UE a ddargedwir” substitute—

rhwymedigaeth a gymathwyd (assimilated obligation)

ystyr “rhwymedigaeth a gymathwyd” yw rhwymedigaeth—

  1. a

    a grëwyd neu a gododd gan neu o dan Gytuniadau UE cyn diwrnod cwblhau’r cyfnod gweithredu, a

  2. b

    sy’n ffurfio rhan o’r gyfraith a gymathwyd,

fel y’i haddesir o bryd i’w gilydd

b

in the English language text—

i

after the entry for “Assembly Measure” insert—

assimilated direct legislation (deddfwriaeth uniongyrchol a gymathwyd),

assimilated direct minor legislation (mân ddeddfwriaeth uniongyrchol a gymathwyd), and

assimilated direct principal legislation (prif ddeddfwriaeth uniongyrchol a gymathwyd)

“assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 (c. 16) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) and section 5 of the Retained EU Law (Revocation and Reform) Act 2023)

assimilated law (cyfraith a gymathwyd)

“assimilated law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018 (c. 16) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) and section 5 of the Retained EU Law (Revocation and Reform) Act 2023)

assimilated obligation (rhwymedigaeth a gymathwyd)

“assimilated obligation” means an obligation that—

  1. a

    was created or arose by or under the EU Treaties before implementation period completion day, and

  2. b

    forms part of assimilated law,

as modified from time to time

ii

in the entries for “EEA agreement”, “enactment”, “EU instrument” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;

iii

omit the entries for “retained direct EU legislation”, “retained direct minor EU legislation”, “retained direct principal EU legislation”, “retained EU law” and “retained EU obligation”.

I21I810Direct Payments to Farmers (Legislative Continuity) Act 2020

1

The Direct Payments to Farmers (Legislative Continuity) Act 2020 is amended as follows.

2

In section 2 (interpretation and status)—

a

in subsection (1)—

i

for “retained EU” substitute “assimilated”;

ii

for “EU law retained under that Act” substitute “assimilated law within the meaning given by that section”;

b

in subsection (3)—

i

for “retained direct EU” substitute “assimilated direct”;

ii

for “direct EU legislation retained under that Act” substitute “assimilated direct legislation within the meaning given by section 20(1) of that Act”;

c

in subsection (5), in the table—

i

in the entry for “retained EU law”, for “retained EU” (in each place it appears) substitute “assimilated”;

ii

in the entry for “retained direct EU legislation”, for “retained direct EU” (in each place it appears) substitute “assimilated direct”;

iii

in the entry for “retained direct principal EU legislation”, for “retained direct principal EU” substitute “assimilated direct principal”;

iv

in the entry for “retained direct minor EU legislation”, for “retained direct minor EU” substitute “assimilated direct minor” and for “retained direct EU” substitute “assimilated direct”;

d

in subsection (6)—

i

for “retained” (in the first and second places it appears) substitute “assimilated”;

ii

in paragraph (a), for “2, 3 or 4” substitute “2 or 3”;

e

in subsection (7), for “retained EU” (in each place it appears) substitute “assimilated”;

f

in subsection (8)(b), for “retained direct EU” substitute “assimilated direct”;

g

in subsection (10)—

i

in the definition of “retained EU law governing the CAP direct payment schemes”, for “retained EU” substitute “assimilated”;

ii

in the definition of “retained direct EU CAP legislation”, for “retained direct EU” substitute “assimilated direct”.

3

In section 3 (regulations), in subsections (4), (9) and (10), for “retained EU” substitute “assimilated”.

4

In section 8 (interpretation)—

a

before the definition of “CAP direct payment schemes” insert—

  • “assimilated direct CAP legislation” has the meaning given by section 2;

  • “assimilated law governing the CAP direct payment schemes” has the meaning given by section 2;

b

in the definition of “enactment”, in paragraph (d), for “retained direct EU” substitute “assimilated direct”;

c

omit the definitions of “retained direct EU CAP legislation” and “retained EU law governing the CAP direct payment schemes”.

5

In Schedule 1 (consequential provision)—

a

omit paragraphs 3 to 6;

b

in paragraph 7—

i

the existing text becomes sub-paragraph (2) of that paragraph;

ii

before sub-paragraph (2), insert—

1

Sub-paragraph (2) applies in relation to the definitions of “assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” in each of—

a

Schedule 1 to the Interpretation Act 1978;

b

section 55(2B)(d) of and Schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10);

iii

in sub-paragraph (2), for “For the purposes of the definitions amended by paragraphs 3 to 6” substitute “For the purposes of those definitions”;

iv

in paragraph (a) of sub-paragraph (2), for “retained EU” substitute “assimilated”;

v

in paragraph (b) of sub-paragraph (2), for “retained direct EU” substitute “assimilated direct”;

vi

in paragraphs (c) and (d) of sub-paragraph (2), for “retained direct principal EU” substitute “assimilated direct principal”;

vii

in paragraph (d) of sub-paragraph (2), for “retained direct minor EU” substitute “assimilated direct minor”;

c

In paragraph 8—

i

omit “3 or”;

ii

for “the terms mentioned in paragraph 3” substitute ““assimilated law”, “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation””.

I18I1511This Act

1

This Act is amended as follows.

2

In section 7 (compatibility), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

3

In section 13 (general provision about powers to restate or reproduce), in subsection (9)(a) for “retained direct EU” (in each place it appears) substitute “assimilated direct”.

4

In section 17 (retained EU law dashboard and report), for “retained EU” (in each place it appears, including the heading) substitute “assimilated”.

5

In section 21 (interpretation)—

a

in subsection (1), in the definitions of “enactment” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct”;

b

in subsection (2), for “retained direct EU” (in each place it appears) substitute “assimilated direct”.