Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Recent Reports
Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Retained EU Law and the Retained EU Law (Revocation and Reform) Bill
Author: Sarah McKay
SHARE
PDF
Published: Monday 07 Nov 2022 (SB 22-62)
Expand
Overview
Report
Hide
Hide
Overview
Report
Summary
Part one: retained EU law
What is retained EU law?
Why was retained EU law created?
EU law and its principles
Why does the status attached to pieces of retained EU law matter?
Retained EU case law
Legislative competence of the Scottish Parliament
How can retained EU law in devolved areas be changed at present?
UK Government dashboard of retained EU law
Background to Retained EU Law (Revocation and Reform) Bill
Part two: the Retained EU Law (Revocation and Reform) Bill
What does the Bill do?
Sunset of retained EU law
Creation of new category of law: assimilated law
Enhancing existing powers to modify retained direct EU law
Ministerial powers to amend, retain and repeal retained EU law
The power to preserve retained EU law
The power to extend the sunset
The power to restate retained EU law
The power to restate assimilated law
The power to revoke or replace
The power to update
Interpretation: ending the principle of supremacy and general principles of EU law
The courts and retained EU case law
Reception of the Bill
Scottish Government view of the Bill
Devolution issues and the work of the Constitution, Europe, External Affairs and Culture Committee
Powers for UK Ministers to act in devolved areas
The Sewel Convention and consent
Keeping pace with EU law
New constitutional arrangements
The UK Internal Market Act 2020
Common frameworks
The Northern Ireland Protocol
Trade and the EU-UK Trade and Cooperation Agreement
Challenges for parliamentary scrutiny
Sources
prev
next
UK Government . (2022, June 22). Retained EU Law Dashboard . Retrieved from
https://public.tableau.com/app/profile/governmentreporting/viz/UKGovernment-RetainedEULawDashboard/Guidance
[accessed 24 October 2022]
UK Government . (2022, June 22). Retained EU Law Dashboard . Retrieved from
https://public.tableau.com/app/profile/governmentreporting/viz/UKGovernment-RetainedEULawDashboard/Guidance
[accessed 24 October 2022]
Welsh Government . (2022, June 27). Written Statement: Retained EU Law Interactive Dashboard. Retrieved from
https://gov.wales/written-statement-retained-eu-law-interactive-dashboard
[accessed 31 October 2022]
UK Government response to Taskforce on Innovation, Growth and Regulatory Reform. (2021, September 16). Retrieved from
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1018389/Letter_from_Lord_Frost_to_Sir_Iain_Duncan_Smith_on_the_Taskforce_on_Innovation__Growth_and_Regulatory_Reform.pdf
[accessed 25 October 2022]
UK Government . (2022, January 31). The Benefits of Brexit: How the UK is taking advantage of leaving the EU . Retrieved from
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1054643/benefits-of-brexit.pdf
[accessed 24 October 2022]
UK Government . (2022, May 10). Queen's Speech 2022 Lobby Pack . Retrieved from
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1074113/Lobby_Pack_10_May_2022.pdf
[accessed 24 October 2022]
UK Government printed by the UK Parliament . (2022, September 22). Retained EU Law (Revocation and Reform) Bill, Explanatory Notes . Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/en/220156en.pdf
[accessed 25 October 2022]
The Scottish Parliament . (2022, September 27). Constitution, Europe, External Affairs and Culture Committee papers, 23rd Meeting, 2022 (Session 6), Thursday 27 October 2022. Retrieved from
https://www.parliament.scot/~/media/committ/4250
[accessed 7 November 2022]
The Hansard Society . (2022, October 24). Five problems with the Retained EU Law (Revocation and Reform) Bill. Retrieved from
https://assets.ctfassets.net/n4ncz0i02v4l/92Se5TjP16LbAeBIKGCQE/fe6a83322be99844cefd6d2bae363377/5_Problems_with_the_REUL_-Revocation_and_Reform-_Bill_-_Oct_2022.pdf?utm_source=https://www.hansardsociety.org.uk
[accessed 25 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
The Hansard Society. (2022, October 24). Five Problems with the Retained EU Law (Revocation and Reform) Bill. Retrieved from
https://assets.ctfassets.net/n4ncz0i02v4l/92Se5TjP16LbAeBIKGCQE/fe6a83322be99844cefd6d2bae363377/5_Problems_with_the_REUL_-Revocation_and_Reform-_Bill_-_Oct_2022.pdf?utm_source=https://www.hansardsociety.org.uk
[accessed 27 October 2022]
UK Government (published by the UK Parliament). (2022, September 22). The Memorandum from the Cabinet Office to the Delegated Powers and Regulatory Reform Committee. Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/REUL_Bill_Delegated_Powers_Memorandum_20-09-22.pdf
[accessed 31 October 2022]
The Hansard Society . (2022, October 24). Five problems with the Retained EU Law (Revocation and Reform) Bill. Retrieved from
https://assets.ctfassets.net/n4ncz0i02v4l/92Se5TjP16LbAeBIKGCQE/fe6a83322be99844cefd6d2bae363377/5_Problems_with_the_REUL_-Revocation_and_Reform-_Bill_-_Oct_2022.pdf?utm_source=https://www.hansardsociety.org.uk
[accessed 25 October 2022]
The Hansard Society . (2022, October 24). Five problems with the Retained EU Law (Revocation and Reform) Bill. Retrieved from
https://assets.ctfassets.net/n4ncz0i02v4l/92Se5TjP16LbAeBIKGCQE/fe6a83322be99844cefd6d2bae363377/5_Problems_with_the_REUL_-Revocation_and_Reform-_Bill_-_Oct_2022.pdf?utm_source=https://www.hansardsociety.org.uk
[accessed 25 October 2022]
UK Government printed by the UK Parliament . (2022, September 22). Retained EU Law (Revocation and Reform) Bill, Explanatory Notes . Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/en/220156en.pdf
[accessed 25 October 2022]
UK Government printed by the UK Parliament . (2022, September 22). Retained EU Law (Revocation and Reform) Bill, Explanatory Notes . Retrieved from
https://publications.parliament.uk/pa/bills/cbill/58-03/0156/en/220156en.pdf
[accessed 25 October 2022]
The Hansard Society . (2022, October 24). Five problems with the Retained EU Law (Revocation and Reform) Bill. Retrieved from
https://assets.ctfassets.net/n4ncz0i02v4l/92Se5TjP16LbAeBIKGCQE/fe6a83322be99844cefd6d2bae363377/5_Problems_with_the_REUL_-Revocation_and_Reform-_Bill_-_Oct_2022.pdf?utm_source=https://www.hansardsociety.org.uk
[accessed 25 October 2022]
The Hansard Society . (2022, October 24). Five problems with the Retained EU Law (Revocation and Reform) Bill. Retrieved from
https://assets.ctfassets.net/n4ncz0i02v4l/92Se5TjP16LbAeBIKGCQE/fe6a83322be99844cefd6d2bae363377/5_Problems_with_the_REUL_-Revocation_and_Reform-_Bill_-_Oct_2022.pdf?utm_source=https://www.hansardsociety.org.uk
[accessed 25 October 2022]
The Guardian. (2022, October 23). Britain faces chaos if it scraps EU laws, warns ex-Whitehall legal boss. Retrieved from
https://www.theguardian.com/world/2022/oct/23/britain-faces-chaos-if-it-scraps-eu-laws-warns-ex-whitehall-legal-boss
[accessed 31 October 2022]
The Guardian. (2022, October 23). Britain faces chaos if it scraps EU laws, warns ex-Whitehall legal boss. Retrieved from
https://www.theguardian.com/world/2022/oct/23/britain-faces-chaos-if-it-scraps-eu-laws-warns-ex-whitehall-legal-boss
[accessed 31 October 2022]
The Guardian. (2022, October 27). Sunak may deprioritise Rees-Mogg Brexit bill to switch off 2,400 EU laws. Retrieved from
https://www.theguardian.com/law/2022/oct/27/sunak-may-deprioritise-brexit-bill-to-switch-off-2400-eu-laws
[accessed 31 October 2022]
The Scottish Parliament . (2022, September 22). The Impact of Brexit on Devolution | Scottish Parliament. Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/CEEAC/2022/9/22/1b7a03d8-e93c-45a4-834a-180d669f7f42#Introduction
[accessed 31 October 2022]
The Scottish Parliament . (2022, September 22). The Impact of Brexit on Devolution | Scottish Parliament. Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/CEEAC/2022/9/22/1b7a03d8-e93c-45a4-834a-180d669f7f42#Introduction
[accessed 31 October 2022]
The Scottish Parliament . (2022, September 22). The Impact of Brexit on Devolution | Scottish Parliament. Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/CEEAC/2022/9/22/1b7a03d8-e93c-45a4-834a-180d669f7f42#Introduction
[accessed 31 October 2022]
The Scottish Parliament . (2022, September 22). The Impact of Brexit on Devolution | Scottish Parliament. Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/CEEAC/2022/9/22/1b7a03d8-e93c-45a4-834a-180d669f7f42#Introduction
[accessed 31 October 2022]
The Scottish Parliament . (2022, September 22). The Impact of Brexit on Devolution | Scottish Parliament. Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/CEEAC/2022/9/22/1b7a03d8-e93c-45a4-834a-180d669f7f42#Introduction
[accessed 31 October 2022]
The Scottish Parliament . (2022, September 22). The Impact of Brexit on Devolution | Scottish Parliament. Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/CEEAC/2022/9/22/1b7a03d8-e93c-45a4-834a-180d669f7f42#Introduction
[accessed 31 October 2022]
UK Government. (2017, October 16). Joint Ministerial Committee (EU negotiations) Communique: common frameworks definition and principles . Retrieved from
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/652285/Joint_Ministerial_Committee_communique.pdf
[accessed 2 November 2020]
UK Parliament Hansard. (2022, October 25). House of Commons Hansard, 25 October 2022, Column 187. Retrieved from
https://hansard.parliament.uk/commons/2022-10-25/debates/246DE276-1887-475F-8016-DB81309C6D81/RetainedEULaw(RevocationAndReform)Bill
[accessed 31 October 2022]
Last Updated: 27/4 12:02am
An error occured while loading, please try again in a few minutes.
Refresh
BACK TO TOP
