Retained EU Law now known as Assimilated Law

3rd January 2024

From 1 January 2024, the body of domestic law derived originally from EU obligations and established by the European Union (Withdrawal) Act 2018 as retained EU Law will be known as Assimilated Law. This is in accordance with Section 5 of the Retained EU Law (Revocation and Reform) Act 2023 (REUL (RR) A 2023). T

his reflects a significant change in the domestic status and the treatment of assimilated law. This Act also introduces new tests for court considering whether to depart from assimilated case law and procedures for dealing with points of assimilated law.

From 1 January 2024, unless otherwise stated, references to Retained EU Law will be read as references to assimilated law.

The REUL(RR)A 2023 represents the second stage of government policy as regards what was once EU Law and consists of three main elements:

1. Revocation of substantial amounts of REUL at the end of 2023.

    Schedule 1 Part 1 of REUL(RR)A 2023 lists 130 pieces of EU derived     subordinate legislation and Part 2 lists 457 pieces of retained EU     legislation to be revoked on 31 December 2023.

    The sunset revocation does not impact existing amendments to     legislation made by the revoked REUL, such amendments will remain     intact once the REUL has been revoked.

2. Re-labelling REUL as assimilated law from 2024 and changing its status and treatment; and

3. Creating new powers in relation to assimilated law