lexiara

Defined terms — Retained EU Law (Revocation and Reform) Act 2023

United Kingdom · ukpga/2023/28 · 358 provisions

41 defined in this instrument.

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assimilated case law — — assimilated domestic case law, and assimilated EU case law Schedule 2, paragraph 8(3)
assimilated direct legislation — any direct EU legislation which forms part of domestic law by virtue of section 3 (as modified by or under this Act or by other domestic law from time to time, and including any instruments made under it on or after IP completion day) Schedule 2, paragraph 8(9)
assimilated direct minor legislation — any assimilated direct legislation which is not assimilated direct principal legislation Schedule 2, paragraph 8(9)
assimilated direct principal legislation — — (as modified by or under this Act or by other domestic law from time to time); any EU regulation so far as it— forms part of domestic law on and after IP completion day by virtue of section 3, and was not EU tertiary legislation immediately before IP completion day, or any Annex to the EEA agreement so far as it— forms part of domestic law on and after IP completion day by virtue of section 3, and refers to, or contains adaptations of, any EU regulation so far as it falls within paragraph (a), in the definition of “enactment”, in paragraph (h), for “retained direct EU” substitute “assimilated direct Schedule 2, paragraph 8(9)
assimilated domestic case law — any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect immediately before IP completion day and so far as they— (as those principles and decisions are modified by or under this Act or by other domestic law from time to time); relate to anything to which section 2 or 3 applies, and are not excluded by section 5 or Schedule 1 Schedule 2, paragraph 8(3)
assimilated EU case law — any principles laid down by, and any decisions of, the European Court, as they have effect in EU law immediately before IP completion day and so far as they— (as those principles and decisions are modified by or under this Act or by other domestic law from time to time); relate to anything to which section 2 or 3 applies, and are not excluded by section 5 or Schedule 1 Schedule 2, paragraph 8(3)
assimilated law — anything which, on or after IP completion day, continues to be, or forms part of, domestic law by virtue of section 2 or 3 or subsection (3) or (6) above (as that body of law is added to or otherwise modified by or under this Act or by other domestic law from time to time); omit the definitions of “retained case law”, “retained domestic case law”, “retained EU case law” and “retained EU law Schedule 2, paragraph 8(3)
assimilated law dashboard — the database on assimilated law maintained and made publicly available by the Secretary of State; “revoke” has the same meaning as in section 14 Section 17(7)
assimilated obligation — an obligation that— as modified from time to time, was created or arose by or under the EU Treaties before IP completion day, and forms part of assimilated law, omit the definition of “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation Schedule 2, paragraph 1(4)
Assimilated obligation — an obligation that— as modified from time to time. was created or arose by or under the EU Treaties before IP completion day, and forms part of assimilated law, in the entry for “EEA agreement”, for “retained direct EU” substitute “assimilated direct Schedule 2, paragraph 2(6)
assimilated obligation — an obligation that— as modified from time to time. was created or arose by or under the EU Treaties before IP completion day, and forms part of assimilated law, omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation Schedule 2, paragraph 7(3)
assimilated obligation — an obligation that— as modified from time to time. was created or arose by or under the EU Treaties before IP completion day, and forms part of assimilated law, omit the entry for “retained EU law”, “retained direct minor EU legislation”, “retained direct principal EU legislation” and “retained direct EU legislation Schedule 2, paragraph 7(4)
assimilated obligation — an obligation that— as modified from time to time was created or arose by or under the EU Treaties before implementation period completion day, and forms part of assimilated law, in the entries for “EEA agreement”, “enactment”, “EU instrument” and “subordinate legislation”, for “retained direct EU” substitute “assimilated direct Schedule 2, paragraph 9(6)
Commons sitting day — a day on which the House of Commons is sitting Schedule 5, Part 2, paragraph 6(11)
devolved authority — — the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department Section 21(1)
devolved legislature — the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly Schedule 5, Part 1, paragraph 2(7)
domestic enactment — an enactment other than one consisting of retained direct EU legislation Section 3(2)
domestic law — the law of England and Wales, Scotland or Northern Ireland Section 21(1)
enactment — — an enactment (whenever passed or made) contained in, or in an instrument made under, any primary legislation, or any assimilated direct legislation; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 and also includes the Commissioners for His Majesty’s Revenue and Customs; “modify” includes amend, repeal or revoke (and related expressions are to be read accordingly) Section 21(1)
higher court — — the Supreme Court, the High Court of Justiciary when sitting as mentioned in subsection (4)(b)(i) or (ii), or a relevant appeal court Section 6(7)
Lords sitting day — a day on which the House of Lords is sitting Schedule 5, Part 2, paragraph 6(11)
Northern Ireland devolved authority — — the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister, or a Northern Ireland department Section 21(1)
permission — permission granted by the court making the decision or by the Supreme Court. The courts referred to in subsection (9) are— the Court Martial Appeal Court; the Court of Appeal in England and Wales; the Inner House of the Court of Session; the High Court of Justiciary when sitting as a court of appeal or on a reference under section 123(1) of the Criminal Procedure (Scotland) Act 1995; the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 1983; the Lands Valuation Appeal Court; the Court of Appeal in Northern Ireland. This section applies where— proceedings before a court or tribunal (other than a higher court) have concluded, no reference was made under section 6A in relation to the proceedings, and either— there has been no appeal, or any appeal has been finally dealt with otherwise than by a higher court. The following may refer a point of law which was relevant to the proceedings and arises on retained case law— any UK law officer; the Lord Advocate, if the point of law relates to the meaning or effect of relevant Scotland legislation; the Counsel General for Wales, if the point of law relates to the meaning or effect of relevant Wales… Section 6(8)
primary legislation — — an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation Section 21(1)
relevant appeal court — — the Court Martial Appeal Court, the Court of Appeal in England and Wales, the Inner House of the Court of Session, the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 1983, the Lands Valuation Appeal Court, or the Court of Appeal in Northern Ireland Section 6(6)
relevant devolved legislature — — in the case of regulations made jointly with the Scottish Ministers, the Scottish Parliament; in the case of regulations made jointly with the Welsh Ministers, Senedd Cymru; in the case of regulations made jointly with a Northern Ireland department, the Northern Ireland Assembly Schedule 5, Part 3, paragraph 16(2)
relevant domestic case law — any principles laid down by, and any decisions of, a court or tribunal in the United Kingdom, as they have effect on or after IP completion day Section 6(6)
relevant enactment — — if the provision made by the regulations is made by modifying assimilated direct legislation, any assimilated direct legislation; otherwise, any domestic enactment (as defined by section 5 of the European Union (Withdrawal) Act 2018) Section 13(9)
relevant national authority — — a Minister of the Crown, a devolved authority, or a Minister of the Crown acting jointly with one or more devolved authorities; “secondary assimilated law” has the meaning given by section 12(2); “secondary retained EU law” has the meaning given by section 11(2) Section 21(1)
relevant Northern Ireland legislation — — Northern Ireland legislation, subordinate legislation made by a Northern Ireland devolved authority acting alone, anything inserted into an enactment by legislation within paragraph (a) or (b), or any other provision of an enactment if— the provision would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly and the provision would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, or it is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone Section 6(8)
relevant Scotland legislation — — an Act of the Scottish Parliament, subordinate legislation made by the Scottish Ministers, the First Minister or the Lord Advocate acting alone, anything inserted into an enactment by legislation within paragraph (a) or (b), or any other provision of an enactment if— the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or it is provision which could be made in other subordinate legislation by the Scottish Ministers, the First Minister or the Lord Advocate acting alone Section 6(8)
relevant Wales legislation — — an Act or Measure of Senedd Cymru, subordinate legislation made by the Welsh Ministers acting alone or the National Assembly for Wales constituted by the Government of Wales Act 1998, anything inserted into an enactment by legislation within paragraph (a) or (b), or any other provision of an enactment if— the provision would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006), or it is provision which could be made in other subordinate legislation by the Welsh Ministers acting alone Section 6(8)
secondary assimilated law — — any assimilated law that is not primary legislation; any assimilated law that is primary legislation the text of which was inserted by subordinate legislation Section 12(2)
secondary retained EU law — — any retained EU law that is not primary legislation; any retained EU law that is primary legislation the text of which was inserted by subordinate legislation Section 11(2)
subject to negative resolution — subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act Schedule 5, Part 2, paragraph 10(4)
subject to negative resolution — subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act Schedule 5, Part 3, paragraph 15(4)
subordinate legislation — — an instrument (other than an instrument that is Northern Ireland legislation) made under any primary legislation, or an instrument made on or after IP completion day under any assimilated direct legislation Section 21(1)
the appropriate appeal court — in relation to proceedings before a court or tribunal, the court mentioned in subsection (10) to which an appeal from the court or tribunal in those proceedings on the point of law (or an appeal at any remove from that appeal) would lie Section 6(8)
the relevant period — the period— beginning with the first day on which both Houses of Parliament are sitting after the day on which the draft instrument was laid before each House as mentioned in sub-paragraph (3)(b)(i), and ending with whichever of the following is the later— the end of the period of 10 Commons sitting days beginning with that first day, and the end of the period of 10 Lords sitting days beginning with that first day Schedule 5, Part 2, paragraph 6(10)
the relevant provision — section 5(A2)(b) of this Act or section 7(1) of the Retained EU Law (Revocation and Reform) Act 2023 (as the case may be) Section 8(5)
UK law officer — the Attorney General for England and Wales, the Advocate General for Scotland or the Advocate General for Northern Ireland. For the purposes of subsections (1)(c)(i) and (3), ignore the possibility of an appeal out of time. This section applies where a higher court is considering any argument made by a party to proceedings that the court should depart from retained case law. The following are entitled to notice of the proceedings— each UK law officer; the Lord Advocate; the Counsel General for Wales; the Attorney General for Northern Ireland. The following are entitled to be joined as a party to the proceedings on giving notice to the court— any UK law officer; the Lord Advocate, if the argument relates to the meaning or effect of relevant Scotland legislation; the Counsel General for Wales, if the argument relates to the meaning or effect of relevant Wales legislation; the Attorney General for Northern Ireland, if the argument relates to the meaning or effect of relevant Northern Ireland legislation. Notice under subsection (3) may be given at any time during the proceedings. In this section, “relevant Northern Ireland legislation”, “relevant Scotland legislation”, “relevant… Section 6(8)