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Statutory Instrument

The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023

Citation
S.I. 2023/1424
As at
Sections
109
Section 1Citation, commencement and extent

(1) These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023.

(2) These Regulations come into force on 1st January 2024.

(3) A provision of these Regulations that amends or repeals an enactment has the same extent as the enactment amended or repealed unless otherwise specified.

Section 2Amendments of primary legislation

The Schedule to these Regulations (which contains amendments of primary legislation in consequence of the Retained EU Law (Revocation and Reform) Act 2023) has effect.

Section 1Statutory Instruments Act 1946

In the heading of section 11B and in section 11B(1) of the Statutory Instruments Act 1946 for “ retained direct EU ” (in each place it appears) substitute “assimilated direct” .

Section 2Laying of Documents before Parliament (Interpretation) Act 1948

In section 1(1) of the Laying of Documents before Parliament (Interpretation) Act 1948 for “ retained direct EU ” (in each place it appears) substitute “assimilated direct” .

Section 3Harbours Act 1964

(1) The Harbours Act 1964 is amended as follows.

(2) In the following paragraphs of Schedule 3 for “retained EU” substitute “assimilated” —

(a) paragraph 1, in the definition of “environmental assessment” ;

(b) paragraph 1A(b)(ii), in the text of the modification .

Section 4Plant Health Act (Northern Ireland) 1967

(1) The Plant Health Act (Northern Ireland) 1967 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 2(1) ;

(b) section 3(1) .

Section 5International Organisations Act 1968

In section 4B(3A) of the International Organisations Act 1968 for “retained EU” substitute “assimilated” .

Section 6Agriculture Act 1970

In section 74A(1E) and (4) of the Agriculture Act 1970 for “retained direct EU” substitute “assimilated direct” .

Section 7Road Traffic (Foreign Vehicles) Act 1972

In section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 1972 for “retained direct EU” substitute “assimilated direct” .

Section 8Drainage (Northern Ireland) Order 1973

(1) The Drainage (Northern Ireland) Order 1973 is amended as follows.

(2) In the following provisions for “ retained EU ” (in each place it appears) substitute “assimilated” —

(a) Articles 12A and 12I ;

(b) Schedules 2A and 2B .

Section 9Consumer Credit Act 1974

(1) The Consumer Credit Act 1974 is amended as follows.

(2) In the following provisions for “a retained EU” substitute “an assimilated” —

(a) section 98A(5)(a) ;

(b) section 157(2A)(b) .

Section 10Statutory Rules (Northern Ireland) Order 1979

(1) Article 4 of the Statutory Rules (Northern Ireland) Order 1979 is amended as follows.

(2) In paragraph (a)(v) for “retained direct EU” substitute “assimilated direct” and omit “(within the meaning of the European Union (Withdrawal) Act 2018)”.

(3) In paragraph (a)(vii) for “7(b)” substitute “7(2)(b)” .

(4) After paragraph (a)(viii) insert—

(ix) any regulations made under section 14(2) or (3) of the Retained EU Law (Revocation and Reform) Act 2023, if the power is expressed to be exercisable by statutory rule for the purposes of this Order.

Section 11Highways Act 1980

In section 105ZA of the Highways Act 1980 for “ retained EU ” (in each place it appears, including in the text of the modification made by subsection (1A)(b)(ii)) substitute “assimilated” .

Section 12Animal Health Act 1981

In the heading of section 64A and in section 64A(a) of the Animal Health Act 1981 for “retained EU” substitute “assimilated” .

Section 13Fisheries Act 1981

(1) Section 30 of the Fisheries Act 1981 is amended as follows.

(2) For “retained EU”, in each place it appears, except in the definition of “retained EU restriction” in subsection (3), substitute “assimilated” .

(3) In subsection (3)—

(a) insert at the appropriate place—

“ assimilated restriction ” means a restriction that—

was created or arose by or under the EU Treaties before IP completion day, and

forms part of assimilated law,

as modified from time to time;

(b) omit the definition of “retained EU restriction”.

Section 14Road Traffic (Northern Ireland) Order 1981

(1) Article 102B of the Road Traffic (Northern Ireland) Order 1981 is amended as follows.

(2) In the heading for “Retained EU” substitute “Assimilated” .

(3) Omit paragraphs (3) and (4).

(4) In paragraph (5)—

(a) omit “or (3)”;

(b) for “retained” substitute “assimilated” .

(5) In paragraph (6)—

(a) omit the definitions of “recognised and available” and “relevant Directive rights”;

(b) in the definition of “retained case law” for “retained” substitute “assimilated” .

Section 15Diseases of Animals (Northern Ireland) Order 1981

In the heading of Article 46A and in Article 46A(1)(a) of the Diseases of Animals (Northern Ireland) Order 1981 , for “retained EU” substitute “assimilated” .

Section 16Civil Aviation Act 1982

In section 105(1) of the Civil Aviation Act 1982 , in the definition of “enactment”, for “retained direct EU” substitute “assimilated direct” .

Section 17Foreign Limitation Periods Act 1984

In section 8 of the Foreign Limitation Periods Act 1984 for “ retained direct EU ” (in each place it appears) substitute “assimilated direct” .

Section 18Foreign Limitation Periods (Northern Ireland) Order 1985

(1) Article 9 of the Foreign Limitation Periods (Northern Ireland) Order 1985 is amended as follows.

(2) In paragraph (1A) for “retained direct EU” substitute “assimilated direct” .

(3) In paragraph (2) for “retained direct EU” substitute “assimilated direct” .

Section 19Agricultural Holdings Act 1986

In section 19A(7) of the Agricultural Holdings Act 1986 , in the definition of “statutory duty”, for “retained direct EU” substitute “assimilated direct” .

Section 20Airports Act 1986

In section 74(2)(d) of the Airports Act 1986 for “retained EU” substitute “assimilated” .

Section 21Gas Act 1986

(1) The Gas Act 1986 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 4B(4) ;

(b) section 4C(2) ;

(c) section 48(1) , in the definition of “designated regulatory function”.

Section 22Insolvency Act 1986

In paragraph 15C(4) of Schedule 6 to the Insolvency Act 1986 for “retained EU” substitute “assimilated” .

Section 23Consumer Protection Act 1987

In section 4(1)(a) of the Consumer Protection Act 1987 for “retained EU” substitute “assimilated” .

Section 24Road Traffic Act 1988

(1) The Road Traffic Act 1988 is amended as follows.

(2) In the italicised heading before section 156A for “Retained EU” substitute “Assimilated” .

(3) In section 156A—

(a) in the heading for “Retained EU” substitute “Assimilated” ;

(b) omit subsection (3);

(c) in subsection (4) omit “or (3)” and for “retained” substitute “assimilated” ;

(d) in subsection (5) omit the definitions of “relevant section 4 rights” and “section 4 rights” and in the definition of “retained case law” for “retained” substitute “assimilated” .

Section 25Water Act 1989

In section 174(2)(k) of the Water Act 1989 for “a retained EU” substitute “an assimilated” .

Section 26Electricity Act 1989

(1) The Electricity Act 1989 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 3D(5) ;

(b) section 3E(2) ;

(c) section 64(1), in the definition of “designated regulatory function” .

Section 27Town and Country Planning Act 1990

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 61E(8) ;

(b) paragraphs 8(2)(f) and 13B(1)(c)(ii) and (6)(a) of Schedule 4B ;

(c) paragraph 10(5)(a) of Schedule 4C .

Section 28Contracts (Applicable Law) Act 1990

(1) The Contracts (Applicable Law) Act 1990 is amended as follows.

(2) In section 3(1) for “retained EU” substitute “assimilated” .

(3) In the following provisions for “retained direct EU” substitute “assimilated direct” —

(a) section 4A(2) ;

(b) section 4B(2) .

(4) In Schedule 1, in Article 20 for “ retained EU ” (in each place it appears, including the heading) substitute “assimilated” .

Section 29Environmental Protection Act 1990

(1) The Environmental Protection Act 1990 is amended as follows.

(2) In section 7(2)(b) and (12)(b) for “retained EU” substitute “assimilated” .

(3) In section 34CB(7) for “retained direct EU” substitute “assimilated direct” .

(4) In section 75A —

(a) in the text of the modification made by subsection (3)(a)(i) for “retained EU” substitute “assimilated” ;

(b) in the text of the modification made by subsection (5)(b) for “retained direct EU” substitute “assimilated direct” .

(5) In section 113(5) for “retained EU” substitute “assimilated” .

(6) In section 116(2) for “retained EU” substitute “assimilated” .

(7) In section 141(5E) for “retained direct EU” substitute “assimilated direct” .

(8) In the heading of section 156 and in section 156(1)(a) for “retained EU” substitute “assimilated” .

(9) In section 160A(1)(b) for “retained EU” substitute “assimilated” .

Section 30Water Industry Act 1991

(1) The Water Industry Act 1991 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 2(7) ;

(b) section 92(1)(a) ;

(c) section 127(3)(a) ;

(d) section 131(3)(a) .

(3) In section 206(3)(k) for “a retained” substitute “an assimilated” .

Section 31Water Resources Act 1991

(1) The Water Resources Act 1991 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 102(a) ;

(b) section 116(1)(a) .

(3) In section 204(2)(k) for “a retained EU” substitute “an assimilated” .

Section 32Genetically Modified Organisms (Northern Ireland) Order 1991

In Article 13(2) of the Genetically Modified Organisms (Northern Ireland) Order 1991 for “retained EU” substitute “assimilated” .

Section 33Criminal Justice Act 1993

In Schedule 1 to the Criminal Justice Act 1993, in paragraph 5(1)(a)(i) , for “retained direct EU” substitute “assimilated direct” .

Section 34European Economic Area Act 1993

(1) The European Economic Area Act 1993 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 2(3A) ;

(b) section 3(4A) .

Section 35Roads (Northern Ireland) Order 1993

(1) The Roads (Northern Ireland) Order 1993 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) Article 67(2A)(a)(ii) and (b)(iii) , in the text of the modifications;

(b) Article 67(4C)(c) and (6)(d) ;

(c) Article 67A(7C)(b) .

Section 36Environment Act 1995

(1) The Environment Act 1995 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 40(2)(a) and (4)(a) ;

(b) section 41(1)(f) (as it applies to England and Wales) , (1)(g) and (2)(g) ;

(c) section 56(1) (as it applies to England and Wales) , in the definition of “environmental licence”;

(d) section 80(2)(a) ;

(e) section 85(5)(a) ;

(f) section 87(1)(b)(i) ;

(g) section 122(3)(b)(ii) and (4) .

Section 37Private International Law (Miscellaneous Provisions) Act 1995

(1) The Private International Law (Miscellaneous Provisions) Act 1995 is amended as follows.

(2) In the following provisions for “retained direct EU” substitute “assimilated direct” —

(a) section 15A(2) ;

(b) section 15B(2) .

Section 38Gas (Northern Ireland) Order 1996

(1) The Gas (Northern Ireland) Order 1996 is amended as follows.

(2) In Article 7(4A) for “retained EU” substitute “assimilated” .

(3) In Article 10A , in paragraphs (4)(c) and (4A)(b)(iii), for “retained EU” substitute “assimilated” .

(4) In Article 39A(2A)(c)(iii) for “retained EU” substitute “assimilated” .

Section 39Industrial Pollution Control (Northern Ireland) Order 1997

(1) The Industrial Pollution Control (Northern Ireland) Order 1997 is amended as follows.

(2) In Article 7(2)(b) for “retained EU” substitute “assimilated” .

(3) In Article 30 , in the heading, paragraph (1)(a) and in the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated” .

Section 40Waste and Contaminated Land (Northern Ireland) Order 1997

(1) The Waste and Contaminated Land (Northern Ireland) Order 1997 is amended as follows.

(2) In Article 72(12), in sub-paragraph (b)(iii) of the definition of “pollution control statutory provisions” , for “retained EU” substitute “assimilated” .

(3) In Article 77 , in the heading, paragraph (1)(a) and in sub-paragraph (a) of the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated” .

Section 41Competition Act 1998

(1) The Competition Act 1998 is amended as follows.

(2) In the following provisions for “retained” substitute “assimilated” —

(a) in the heading of section 10 and in section 10(4)(b)(i) and (12) ;

(b) in the heading of section 10A ;

(c) section 46(3)(e) ;

(d) section 59(1) , in the definitions of “retained block exemption regulation” and “retained exemption”;

(e) in the heading of paragraph 9 of Schedule 9 .

(3) In the following provisions for “a retained” substitute “an assimilated” —

(a) section 10(A1), (3), (4) (in the words before paragraph (b)) and (5)(a) ;

(b) section 10A(1), (3) and (5) ;

(c) section 25(8)(a) and (10) ;

(d) paragraph 9(a)(i) of Schedule 9 .

Section 42Pollution Prevention and Control Act 1999

In Schedule 1 to the Pollution Prevention and Control Act 1999, in paragraph 3(b) , for “retained EU” substitute “assimilated” .

Section 43Water (Northern Ireland) Order 1999

(1) The Water (Northern Ireland) Order 1999 is amended as follows.

(2) In Article 36, in the heading, paragraph (1)(a) and in sub-paragraph (a) of the definition of “regulations” in paragraph (2), for “retained EU” substitute “assimilated” .

(3) In Article 54 , in the heading and in paragraph (1), for “retained EU” substitute “assimilated” .

Section 44Financial Services and Markets Act 2000

(1) The Financial Services and Markets Act 2000 is amended as follows.

(2) In the following provisions for “retained EU” substitute “assimilated” —

(a) section 97A(2)(b) ;

(b) section 138P(2)(b), (5)(a)(ii) and (5)(c)(ii) ;

(c) section 143B(4) ;

(d) section 144B(2) ;

(e) section 192O(3) ;

(f) section 313(1) , in the definition of “the EMIR regulation”;

(g) section 391(8G)(b) ;

(h) section 417(1), in the definitions of “capital requirements regulation”, “the CSD regulation”, “the EU Benchmarks Regulation 2016”, “market abuse regulation”, “markets in financial instruments regulation”, “MMF Regulation” and “short selling regulation” .

(3) In the following provisions for “retained EU direct” substitute “assimilated direct” —

(a) section 139A(4) ;

(b) section 168(4)(jc)(ii) .

(4) In the following provisions for “retained direct EU” substitute “assimilated direct” —

(a) section 55J(6AA)(a)(ii) and (c)(ii) and (7ZB)(b) ;

(b) section 55K(1)(d) ;

(c) section 89K(5A)(b) ;

(d) section 89NA(11)(b) ;

(e) section 131AB(2)(a) ;

(f) section 137Q(5)(a) ;

(g) section 137R(5A)(b) ;

(h) section 141B(2) ;

(i) section 257(1)(b)(iii) ;

(j) section 261X(1)(b)(iii) ;

(k) section 271E(10) ;

(l) section 288A ;

(m) section 289(5)(b) ;

(n) section 290(1A)(a) and (b) ;

(o) section 292(3)(a)(ii)(aa) and (bb) ;

(p) section 293A(3) ;

(q) section 309H(4) ;

(r) section 309Z8(5) ;

(s) section 313(1) , in the definition of “the EMIR regulation”;

(t) section 391(8AA)(b), (8BA)(b), (8D)(b) and (8E)(b) ;

(u) section 398(1A)(ea) and (eb)(ii) ;

(v) section 425C(1)(a) and (ba) ;

(w) paragraph 8(3)(a) of Schedule 1ZA ;

(x) paragraph 6(8)(b) of Schedule 6A ;

(y) paragraphs 11(2)(d)(i)(cc), 23(1) and 23A(d) of Schedule 17A .

Section 45Utilities Act 2000

(1) The Utilities Act 2000 is amended as follows.

(2) In section 105(4)(h) for “a retained EU” substitute “an assimilated” .

(3) In section 106(1) , in the definition of “designated regulatory function”, for “ retained EU ” (in each place it appears) substitute “assimilated” .

Section 46Freedom of Information Act 2000

In section 44(1)(b) of the Freedom of Information Act 2000 for “retained EU” substitute “assimilated” .

Section 47Anti-terrorism, Crime and Security Act 2001

In section 18(4)(b) of the Anti-terrorism, Crime and Security Act 2001 for “a retained EU” substitute “an assimilated” .

Section 48Sea Fisheries (Northern Ireland) Order 2002

(1) The Sea Fisheries (Northern Ireland) Order 2002 is amended as follows.

(2) In paragraph 3(1) of Schedule 2 for “ retained EU ” (in each place it appears) substitute “assimilated” .

(3) In paragraph 3(2)(c) of Schedule 3 for “a retained EU” substitute “an assimilated” .

109 sections

Cite this legislation

The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2023-1424 (accessed 2026-07-06)

Contains public sector information licensed under the Open Government Licence v3.0.

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