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Since the United Kingdom left the EU on 31 January 2020, law derived from the EU has consistently been removed and later restored in some different form into the UK Domestic Law.
What is the Retained EU Law (Revocation and Reform) Bill (Retained EU Law Bill)?
It is a Bill which is to have the effect of revoking certain retained EU Laws and is to make several provisions which could potentially include the following:
- Interpretation of retained EU law and its relationship with other laws;
- To make provisions relating to powers to modify retained EU law; and
- To enable the restatement, replacement or updating of certain retained EU laws.
The Retained EU Law Bill would automatically revoke most retained EU Law at the end of 2023 (31 December 2023).
Essentially, any retained EU Law that remains in force following the end of the proposed deadline will be termed “assimilated law.”
What is Retained EU Law?
Retained EU Law is a category of domestic law created at the end of the transition period and consists of EU-derived legislation preserved in the UK’s domestic legal framework by the European Union (Withdrawal) Act 2018.
Some examples of Retained EU Law which are effective and in force in the UK include:
1. Consumer Rights:
There are currently several notable pieces of Retained EU Law related to consumer rights, including the Consumer Protection from Unfair Trading Regulations 2008 (SI2008/1277) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
These provide a significant part of the UK’s current legal framework concerning consumer protection.
2. Intellectual Property:
Again, similar to the legal framework relating to consumer protection, there are also several regulations in force relating to Intellectual Property law.
These include the Copyright and Rights in Databases Regulations 1997 (SI 1997/3032), which establishes unique database rights in the UK.
How could the end of Retained EU Law impact UK businesses?
It is not yet known what the full effect will be on businesses in the UK, as (to this point) there has been little guidance from the government as to the extent that Retained EU Law will be preserved, revoked, amended or replaced.
Even where Retained EU Law is preserved, it may be flexible for the government to re-interpret and adopt different applications into the UK legal system.
The potential impact on UK businesses could be significant, and each business must assess the potential impact against its current activities.
The Law Society has issued some commentary on Retained EU Law, and their recommendation is that the government should extend the deadline of 31 December 2023.