Retained EU law refers to UK domestic law made under the European Union (Withdrawal Act) 2018 which continues certain former EU laws in effect in the United Kingdom, after the UK’s exit from the European Union.
Introduction
Retained EU law was designed to support businesses by reducing the level of uncertainty, by avoiding large dramatic changes in domestic law once the UK left the EU by converting certain EU laws into UK legislation.
What is the Retained Law Act?
The Retained EU Law (Revocation and Reform) Act 2023 makes several changes to existing retained EU Law, which is known as assimilated law after 2023. These include removing nearly 600 legislative instruments of EU origin and all directly effective EU Law. It gives additional powers to Ministers to determine whether to amend, retain or revoke other pieces of retained EU law.
What does this mean for my business?
The Retained EU Law (Revocation and Reform) Act 2023 gives the UK government the power to change certain key regulations around areas including, but not limited to, employment law, health and safety and intellectual property requirements. This means that there is a greater chance of regulatory divergence between the rules that apply to UK businesses and those that apply to EU based businesses.
Some of these areas are under the jurisdiction of the UK Parliament and some are under the jurisdiction of the Northern Ireland Assembly. EU based standards in relation to goods (including food) apply in Northern Ireland. The UK Internal Market Act means that Northern Ireland produced goods compliant with EU based standards may be sold in the rest of the United Kingdom and GB produced goods compliant with UK standards, may be sold in Northern Ireland provided they are not intended for export to the EU (including the Republic of Ireland).
How should I prepare for regulatory divergence?
The first step in preparing for any future regulatory divergence is ensuring that you comply with all existing legal requirements. Going forward, it would be advisable for businesses to closely monitor the legal requirements in each jurisdiction in which they operate to closely identify any regulatory divergence. It is important that businesses engage with the appropriate industry bodies to ensure that they keep up to date with the latest requirements.
Where can I find a list of Retained EU laws?
A full list of retained EU laws can be found on this GOV.UK dashboard.
Article reviewed: Nov 2024