‘Tick tock’ on Retained EU Law — or is it?

We have, throughout this year, brought you updates on the developments of the Retained EU Law (Revocation and Reform) Act 2023 (“the Act”) and subsequent secondary legislation.

To end what can only be described as a turbulent and ever-changing REUL year, we can confirm that almost 600 pieces of Retained EU Law (“REUL”) will definitely be leaving the UK statute books on 31 December 2023. The REUL contained in Schedule A annexed to the Act will sunset. This is a marked improvement from the beginning of 2023 when it was proposed by Government that all REUL would disappear at the end of 2023, potentially leaving some significant lacunas in the UK statute book. The REUL sunsetting on 31 December comprises legislation that is already redundant by virtue of the UK leaving the European Union or it being repealed.

So, we hear that sigh of relief. Well not quite. This first tranche of REUL to sunset is not, by any means, the end of the story. The Government’s dashboard of REUL still contains an additional 5,022 pieces of identified REUL. It is unknown whether this represents the entirety of REUL in the UK. Given that an additional 28 entries appeared on the dashboard on 22 November 2023, it is unlikely that the current list is comprehensive. We have worked and continue to work through each and every piece of REUL to assess the impact of its removal and whether positive action is needed to embrace potential changes.

So what will become of these additional 5,022 pieces of REUL in 2024? The Government’s pledge to return sovereignty to the UK statute book dictates that something will need to be done. One scenario could be another round of sunsetting at the end of 2024 when civil servants have had the opportunity to consider the impact of the outstanding REUL. Alternatively, the General Election in 2024 could mean that very little attention will be given to the remaining REUL as the political parties focus on their manifestos. What can be said with certainty is that the effects of Brexit are still rippling and will likely be felt for some years to come.

We will be monitoring developments during 2024 and will update you as and when they arise.