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The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024

Sections23
2024 No. 80

Retained Eu Law Reform

The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024

Made23rd January 2024
Laid before Parliament24th January 2024
Coming into force1st March 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 19(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”)1.

The Secretary of State is a relevant national authority for the purposes of section 19(1) of the 2023 Act2.

1 Citation, commencement and extent

1 These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024.
2 These Regulations come into force on 1st March 2024.
3 An amendment or revocation made by these Regulations has the same extent within the United Kingdom as the provision to which it relates.

2 Provision in consequence of the Retained EU Law (Revocation and Reform Act) 2023

The Schedule contains amendments to, and revocations of, certain subordinate legislation in consequence of provisions of the Retained EU Law (Revocation and Reform) Act 2023.

SCHEDULE 

Amendments to, and revocation of, subordinate legislation

Regulation 2

PART 1 Amendments

1 Amendment of the Defence and Security Public Contracts Regulations 2011

1 The Defence and Security Public Contracts Regulations 20113 are amended as follows.
2 In regulation 6 (application)—
a in paragraph (1), omit “and specified retained EU law”;
b in paragraph (3), omit “and specified retained EU law”;
c omit paragraph (7).
3 In regulation 12(4) (technical specifications in the contract documents), in the words following sub-paragraph (b), for “retained EU obligations” substitute “assimilated obligations”.
4 In regulation 25 (information as to technical or professional ability), in paragraph (4)(a)(ii)(aa) for “retained EU law” substitute “assimilated law”.
5 In regulation 36(1) (conditions for performance of contracts) for “retained EU law” substitute “assimilated law”.
6 In regulation 51(1) (duty owed to economic operators)—
a omit “and” at the end of sub-paragraph (a);
b omit sub-paragraph (b).

2 Amendment of the Public Contracts Regulations 2015

1 The Public Contracts Regulations 20154 are amended as follows.
2 In regulation 2(1) (definitions) omit the definition of “the Retained Treaties”.
3 In regulation 9 (public contracts awarded, and design contests organised, pursuant to international rules), in paragraph (1)(a) omit “, concluded in conformity with the Retained Treaties,”.
4 In regulation 11 (service contracts awarded on the basis of an exclusive right), omit from “which is compatible with” to the end.
5 In regulation 12 (public contracts between entities in the public sector)—
a in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;
b in the words following paragraph (2)(b), omit “, in conformity with the Retained Treaties,”;
c in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.
6 In regulation 17 (public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules), in paragraph (1)(a), omit “, concluded in conformity with the Retained Treaties,”.
7 In regulation 42 (technical specifications)—
a in paragraph (9), for “retained EU law” substitute “assimilated law”;
b in paragraph (11), for “retained EU law” substitute “assimilated law”.
8 In regulation 89(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—
a omit “and” at the end of sub-paragraph (a);
b omit sub-paragraph (b).

3 Amendment of the Concession Contracts Regulations 2016

1 The Concession Contracts Regulations 20165 are amended as follows.
2 In regulation 2(1) (interpretation)—
a in the definition of “exclusive right”, omit “which is compatible with the Retained Treaties”;
b omit the definition of “the Retained Treaties”.
3 In regulation 5 (meaning of “utilities”), in paragraph (4)(b) omit “which is compatible with the Retained Treaties”.
4 In regulation 10(5) (general exclusions: concession contracts awarded pursuant to international rules), in sub-paragraph (a) omit “, concluded in conformity with the Retained Treaties,”.
5 In regulation 17 (concession contracts between entities within the public sector)—
a in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;
b in paragraph (2), omit “, in conformity with the Retained Treaties,”;
c in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.
6 In regulation 50(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—
a omit “and” at the end of sub-paragraph (a);
b omit sub-paragraph (b).

4 Amendment of the Utilities Contracts Regulations 2016

1 The Utilities Contracts Regulations 20166 are amended as follows.
2 In regulation 2(1) (definitions) omit the definition of “the Retained Treaties”.
3 In regulation 20 (contracts awarded and design contests organised pursuant to international rules), in paragraph (1)(a), omit “, concluded in accordance with the Retained Treaties,”.
4 In regulation 22 (service contracts awarded on the basis of an exclusive right), omit from “which is compatible with” to the end.
5 In regulation 27 (contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules), in paragraph (1)(a) omit “, concluded in accordance with the Retained Treaties,”.
6 In regulation 28 (contracts between contracting authorities)—
a in paragraph (1)(c), omit “, in conformity with the Retained Treaties,”;
b in paragraph (2), omit “in conformity with the Retained Treaties”;
c in paragraph (4)(c), omit “, in conformity with the Retained Treaties,”.
7 In regulation 60 (technical specifications)—
a in paragraph (8), for “retained EU law” substitute “assimilated law”;
b in paragraph (10), for “retained EU law” substitute “assimilated law”.
8 In regulation 104(1) (duty owed to economic operators from the United Kingdom and Gibraltar)—
a omit “and” at the end of sub-paragraph (a);
b omit sub-paragraph (b).

5 Amendment of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

1 Regulation 8 of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 20197 (retained direct EU legislation: laying of documents before Northern Ireland Assembly) is amended as follows.
2 In the heading, for “retained direct EU legislation” substitute “Assimilated direct legislation”.
3 In paragraph (1)—
a for “retained direct EU legislation” substitute “assimilated direct legislation”;
b for “paragraph 7(b)” substitute “paragraph 7(2)(b)”.

6 Amendment of the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018

In Part 2 of the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 20188 (service of documents in civil and commercial matters), omit Chapter 3 (the Agreement: cessation, and saving, of rights etc.).

7 Amendment of the Competition (Amendment etc.) (EU Exit) Regulations 2019

1 The Competition (Amendment etc.) (EU Exit) Regulations 20199 are amended as follows.
2 In Part 6—
a in the heading, for “retained EU law” substitute “assimilated law”;
b omit regulation 62 (cessation of Treaty Rights and Obligations);
c in regulation 63—
i in the heading, for “retained direct EU legislation” substitute “assimilated direct legislation”;
ii in paragraph (a), for “retained direct EU legislation” substitute “assimilated direct legislation”;
iii in paragraph (b), for “retained EU Regulations” substitute “assimilated Regulations”.
3 In Schedule 3—
a in the heading, for “retained direct EU legislation” substitute “assimilated direct legislation”;
b in Part 1, in the heading for “retained direct EU legislation” substitute “assimilated direct legislation”;
c in Part 2, in the heading for “retained EU Regulations” substitute “assimilated Regulations”.

8 Amendment of the European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 2019

In the European Union Budget, and Economic and Monetary Policy (EU Exit) Regulations 201910, omit—
a regulation 4 (cessation of rights, etc.);
b regulation 5 (cessation of rights, etc. on restatement).

9 Amendment of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

In the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 201911, omit Part 4 (Treaty rights and obligations).

10 Amendment of the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2019

In regulation 3 of the Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 201912 (exit-related amendments of the Defence and Security Public Contracts Regulations 2011), omit—
a paragraph (3)(a) and (c);
b paragraph (6)(b);
c paragraph (21);
d paragraph (28)(b).

11 Amendment of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019

In the Immigration, Nationality and Asylum (EU Exit) Regulations 201913, omit—
a regulation 48 (disapplication of inconsistent retained EU rights etc.);
b Chapter 4 of Part 3 (asylum: international agreements).

12 Amendment of the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019

In the Social Security Coordination (Reciprocal Healthcare) (Amendment etc) (EU Exit) Regulations 201914, omit Part 4 (rights etc deriving from the Treaties).

13 Amendment of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019

1 The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 201915 are amended as follows.
2 In Part 4, in the heading for “retained direct EU legislation” substitute “assimilated direct legislation”.
3 Omit Part 6 (rights etc. deriving from the Treaties).
4 In Part 1 of Schedule 1 (cross-border cases arising before IP completion day: modifications to primary legislation)—
a in paragraph 1 (modifications to the National Health Service Act 2006), in sub-paragraphs (c) and (d) for “retained EU obligations” substitute “assimilated obligations”;
b in paragraph 3 (modifications to the Health and Social Care Act 2012), in sub-paragraphs (a) and (b) for “a retained EU obligation” substitute “an assimilated obligation”.

14 Amendment of the Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019

In the Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 201916, omit Part 4 (supplementary: EU-derived rights).

15 Amendment of the Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020

In the Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 202017, omit Part 4 (cessation of directly effective treaty rights).

16 Amendment of the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

1 The Public Procurement (Amendment etc.) (EU Exit) Regulations 202018 are amended as follows.
2 The following provisions are omitted—
a in regulation 6 (the Public Contracts Regulations 2015: amendments commenced on IP completion day)—
i paragraph (2)(i), in so far as it inserted the definition of “the Retained Treaties” into regulation 2(1) of the Public Contracts Regulations 2015,
ii paragraph (8)(a) (amendment of regulation 9(1)(a)),
iii paragraph (10) (amendment of regulation 11),
iv paragraph (11) (amendment of regulation 12),
v paragraph (15)(a)(i) (amendment of regulation 17(1)(a)),
vi paragraph (30)(b) (amendment of regulation 42(11)), and
vii paragraph (57)(b) (amendment of regulation 89(1)(b));
b in regulation 8 (the Concession Contracts Regulations 2016: amendments commenced on IP completion day)—
i paragraph (2)(d) (amendment of definition of “exclusive right”),
ii paragraph (2)(f) (definition of “the Retained Treaties”),
iii paragraph (3) (amendment of regulation 5),
iv paragraph (7)(d)(i) (amendment of regulation 10(5)(a)),
v paragraph (10) (amendment of regulation 17), and
vi paragraph (27)(b) (amendment of regulation 50(1)(b));
c in regulation 10 (the Utilities Contracts Regulations 2016: amendments commenced on IP completion day)—
i paragraph (2)(h) (definition of “the Retained Treaties”),
ii paragraph (11)(a) (amendment of regulation 20(1)(a)),
iii paragraph (13) (amendment of regulation 22),
iv paragraph (17)(a)(i) (amendment of regulation 27(1)),
v paragraph (18) (amendment of regulation 28),
vi paragraph (37)(b) (amendment of regulation 60(10)), and
vii paragraph (59)(b) (amendment of regulation 104(1)(b));
d regulation 25 (cessation of certain prohibitions on the grounds of nationality);
e regulation 26 (cessation of rights etc. under certain international agreements).
3 In Part 4, in the heading for “retained direct EU legislation” substitute “assimilated direct legislation”.

17 Amendment of the Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations

1 The Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 202219 are amended as follows.
2 In regulation 1 (citation, commencement and interpretation)—
a omit paragraph (3);
b in paragraph (4), omit sub-paragraphs (a) and (b) (including “or” at the end).
3 Omit—
a regulation 2 (cessation of prohibitions on the grounds of nationality);
b regulation 3 (cessation of free movement of persons).

PART 2 Revocations

18 The following instruments are revoked—
a the Special Fissile Materials (Right of Use and Consumption) (EU Exit) Regulations 201820;
b the Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 201921;
c the Prohibition on Quantitative Restrictions (EU Exit) Regulations 202022.

Footnotes

  1. 1
    2023 c. 28.
  2. 2
    See section 21(1) of the 2023 Act for the definition of “relevant national authority”.
  3. 3
    S.I. 2011/1848. In regulation 6, paragraphs (1) and (3) were amended, and paragraph (7) was inserted, by S.I. 2019/697. Regulations 12, 25, 36 and 51(1) were amended by S.I. 2019/697.
  4. 4
    S.I. 2015/102. The definition of “the Retained Treaties” in regulation 2(1) was inserted, and regulations 9(1)(a), 11, 12, 17(1)(a), 42(9) and (11) were amended, by S.I. 2020/1319. Regulation 89 was amended by S.I. 2016/275 and 2020/1319.
  5. 5
    S.I. 2016/273. The definition of “the Retained Treaties” in regulation 2(1) was inserted, and the definition of “exclusive right” in regulation 2(1) and regulations 5, 10, 17 and 50 were amended, by S.I. 2020/1319.
  6. 6
    S.I. 2016/274. The definition of “the Retained Treaties” in regulation 2(1) was inserted, and regulations 20, 22, 27, 28, 60 and 104 were amended, by S.I. 2020/1319.
  7. 7
    S.I. 2019/628. Regulation 8(1) was amended by S.I. 2020/463.
  8. 8
    S.I. 2018/1257.
  9. 9
    S.I. 2019/93.
  10. 10
    S.I. 2019/484.
  11. 11
    S.I. 2019/479.
  12. 12
    S.I. 2019/697.
  13. 13
    S.I. 2019/745.
  14. 14
    S.I. 2019/776.
  15. 15
    S.I. 2019/777.
  16. 16
    S.I. 2019/784.
  17. 17
    S.I. 2020/1038.
  18. 18
    S.I. 2020/1319.
  19. 19
    S.I. 2022/1240.
  20. 20
    S.I. 2018/1094.
  21. 21
    S.I. 2019/1401.
  22. 22
    S.I. 2020/1625.