Sunset date for 2,417 regulations in the U.K. approaches

Will the retained E.U. Law (Revocation and Reform) proceed to Parliament?

This Autumn, the government’s Retained EU Law bill passed its second reading in the House of Commons. However, with so much to do and so little time, it is unclear if the retained E.U. Law (Revocation and Reform) bill (“the Bill”) will proceed through Commons business, as suggested in September of this year.

Retained E.U. Law after Brexit

As the first sunset date of 31 December 2023 approaches, will thousands of regulations be repealed or amended over the next year?

Retained E.U. Law was defined in the European Union (Withdrawal) Act 2018 and refers to those laws that came into force as a result of E.U. law. The Bill includes a “Sunset” date of 31 December 2023 by which all retained E.U. laws will be repealed unless specific action is taken to keep or amend them.

The bill, introduced by former business secretary Jacob Rees-Mogg, has put a fast-paced process in motion.

It is estimated that the bill could impact 2,417 regulations across 21 Government departments. The Government published the Retained E.U. Law Dashboard in the Summer of this year, which gives an overview of the scale of the task to be undertaken. The Bill contains a clause allowing the Sunset date to be pushed back until 2026 (10 years after the referendum).

Although there are some exceptions, including legislation which relates to Northern Ireland and financial services legislation, there is significant risk for yet more regulatory uncertainty and upheaval.

We advise all businesses to keep a watching brief on progress of the Bill and any resulting Government consultations on impacted legislation.