Legislation – The Retained EU Law (Revocation and Reform) Act 2023 (Revocation and Sunset Disapplication) Regulations 2023

Section 1(1) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (“the Act”) and Schedule 1 to that Act revoke specified subordinate legislation and specified retained direct EU legislation at the end of 2023. These Regulations are made in exercise of the powers in sections 1(4) and 14(1) of the Act. These are the power to disapply the sunset of retained EU law to specified instruments (section 1(4)) and the power to revoke specified retained EU law (section 14(1)) and which by virtue of section 20(1) include the ability to make supplementary, incidental, consequential, transitional, transitory or saving provision.

Regulations 1 to 3 (citation, commencement, and extent and interpretation) come into force on the day after these Regulations are made. Regulation 4 and Schedule 1 (disapplication of the sunset) come into force immediately before the end of 2023. Regulations 5 and 6 and Schedule 2 (revocation of REUL and necessary savings) come into force at the end of 2023.

Regulation 3 provides that the Regulations extend to England and Wales, Scotland and Northern Ireland, subject to paragraphs (2) to (4). Paragraph (2) provides that for instruments listed in Parts 1 and 2 of Schedule 1, the disapplication of the sunset has the same extent as the instrument to which it relates. Paragraph (3) provides that for those instruments listed in Part 3 of Schedule 1, the extent of the disapplication is Northern Ireland only. Paragraph (4) provides that the revocation of an instrument or provision of an instrument in Schedule 2 has the same extent as the instrument to which it relates.

Regulation 4 provides that the sunset of subordinate legislation and retained direct EU legislation by section 1(1) of the Act and listed in Schedule 1 to that Act does not apply to the instruments listed in Schedule 1 to these Regulations, to the extent specified there. This has the effect of preserving the instruments, which were included in the Act’s revocation Schedule, from revocation at the end of 2023.

Regulation 5 provides that the instruments and provisions of instruments listed in Schedule 2 to these Regulations are revoked at the end of 2023, to the extent specified there.

Regulation 6 contains savings of provisions in the Civil Legal Aid (Merits Criteria) Regulations 2013 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which apply to legal aid applications made before a certain date. The purpose of these savings is to ensure that the criteria set out in the relevant provisions of the 2013 Regulations continue to have effect for the purpose of determining whether an individual continues to qualify for civil legal services in ongoing cases.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A line-by-line explanation will be made available on gov.uk which provides further detail on each piece of legislation included in Schedule 2 to these Regulations.