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Assimilated direct legislation
Practical Law UK Glossary w-041-8414 (Approx. 5 pages)
Glossary
Assimilated direct legislation
The term (as regards all times after the end of 2023) for a category of assimilated law, defined by section 20(1) of the European Union (Withdrawal) Act 2018 (EUWA) as any direct EU legislation which forms part of domestic law by virtue of section 3 of the EUWA, as modified from time to time, and including any instruments made under it after the end of the transition period.
At the end of the transition period, section 3(1) of the EUWA incorporated into UK law the texts of direct EU legislation, so far as operative immediately before the end of the transition period.
Direct EU legislation includes the texts of most (but not all) directly applicable EU legislation (such as EU regulations, EU decisions, and EU tertiary legislation), as it had effect in EU law immediately before the end of the transition period (section 3(2), EUWA). Direct EU legislation does not include EU treaties or EU directives, and other rules and exceptions apply.
If any Act of Parliament uses the term:
- Assimilated direct legislation, this has the same meaning as in section 20(1) of the EUWA unless the contrary intention appears (section 5 and paragraph 1, Schedule 1, Interpretation Act 1978 (IA 1978)).
- Enactment, this includes any assimilated direct legislation unless the contrary intention appears (section 5 and paragraph 1, Schedule 1, IA 1978).
As regards all times at or before the end of 2023, assimilated direct legislation is known as retained direct EU legislation (section 5, Retained EU Law (Revocation and Reform) Act 2023).