Section 7: Status of assimilated law

European Union (Withdrawal) Act 2018 · 2018 c. 16View on legislation.gov.uk

Anything which—

was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and
continues to be domestic law on and after exit day by virtue of section 1A(2) or 1B(2),

continues to be domestic law as an enactment of the same kind.

Anything which—

was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and
continues to be domestic law on and after IP completion day by virtue of section 2,

continues to be domestic law as an enactment of the same kind.

Assimilated direct legislation ... may only be modified by—

primary legislation, or
subordinate legislation so far as it is made under a power which permits such a modification by virtue of—
paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,
any other provision made by or under this Act,
any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or
any provision made on or after the passing of this Act by or under primary legislation.

For other provisions about the status of assimilated law, see—

section 5 (A1) to (A3) and (7) (status of assimilated law in relation to other enactments or rules of law),
section 6 (status of assimilated case law ...),
section 7C (status of case law of European Court etc. in relation to assimilated law which is relevant separation agreement law),
section 15(2) and Part 2 of Schedule 5 (status of assimilated law for the purposes of the rules of evidence),
paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),
paragraphs 19 and 20 of that Schedule (status of certain assimilated direct legislation for the purposes of the Interpretation Act 1978), and
paragraph 30 of that Schedule (status of assimilated direct legislation for the purposes of the Human Rights Act 1998).

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