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

• Citation: S.I. 2023/1143
• Sections: 6

Section 1 Citation

These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Revocation and Sunset Disapplication) Regulations 2023.

Section 2 Commencement

(1) Subject to paragraphs (2) and (3), these Regulations come into force on the day after the day on which they are made.

(2) Regulation 4 and Schedule 1 come into force immediately before the end of 2023.

(3) Regulations 5 and 6 and Schedule 2 come into force at the end of 2023.

Section 3 Extent and interpretation

(1) Subject to paragraphs (2) to (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(2) The specification by regulation 4 of an instrument listed in Parts 1 and 2 of Schedule 1 has the same extent as the instrument to which it relates.

(3) The specification by regulation 4 of an instrument listed in Part 3 of Schedule 1 extends to Northern Ireland only.

(4) The revocation by regulation 5 of an instrument or a provision of an instrument listed in Schedule 2 has the same extent as the instrument or provision to which it relates.

(5) In these Regulations, “ the Act ” means the Retained EU Law (Revocation and Reform) Act 2023 .

Section 4 Disapplication of revocation: specified instruments

(1) The instruments listed in Schedule 1 are specified for the purposes of section 1(4) of the Act (sunset of EU-derived subordinate legislation and retained direct EU legislation).

(2) In that Schedule—

(a) Part 1 lists subordinate legislation;

(b) Part 2 lists retained direct EU legislation;

(c) Part 3 lists retained direct EU legislation, which in accordance with regulation 3(3) is specified only insofar as it extends to Northern Ireland.

Section 5 Revocations

(1) The instruments listed in Schedule 2 are revoked to the extent specified.

(2) In that Schedule—

(a) Part 1 lists subordinate legislation;

(b) Part 2 lists retained direct EU legislation.

Section 6 Savings

(1) In this regulation—

(a) the “ 2012 Act ” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ;

(b) the “ 2013 Regulations ” means the Civil Legal Aid (Merits Criteria) Regulations 2013 .

(2) The revocation of any provision of the 2013 Regulations by these Regulations—

(a) does not affect the application of paragraph 1(a) of Article 69 of the EU withdrawal agreement ; and

(b) the revoked provisions continue to have effect for the purposes of that paragraph.

(3) Paragraph (4) applies to a determination made before the end of 2023 by the Director of Legal Aid Casework, in accordance with Part 1 of the 2012 Act, that an individual qualifies for civil legal services.

(4) In relation to a determination to which this paragraph applies, the revocation of any provision of the 2013 Regulations by these Regulations—

(a) does not affect the application of section 11 of the 2012 Act; and

(b) the revoked provisions continue to have effect for the purposes of that section.