Powers relating to retained EU law Section 12: Power to restate assimilated law or reproduce sunsetted EU rights, powers, liabilities etc
Section 12 operates in a similar way to section 11, and is intended to have the same scope as section 11 (i.e. restate or reproduce the same things). However, this section will operate on assimilated law after 2023, when section 2 to 5 have taken effect.
	Section 12 establishes a power to restate provisions of "secondary assimilated law". Once an instrument is restated by the powers in section 12 it will no longer be classed as assimilated law and any residual interpretive effects of section 6 of EUWA (application of retained case law) will be disapplied for the purposes of any restatement.
	Other interpretive principles - such as the application of the principle of supremacy, retained general principles and directly effective EU rights under section 4 of EUWA - will have been disapplied under sections 2 to 4 of this Act at the end of 2023. Nonetheless, the power enables the individual "effects" of those things to be reproduced. The purpose of this is to enable the same policy or practical outcome to be achieved as the law would have achieved had such interpretive effects continued to apply. This power will be capable of making limited amendments to both domestic primary and secondary legislation.
	Subsection (1) sets out that a relevant national authority (a Minister of the Crown or a devolved authority) may, by regulations, restate any "secondary assimilated law". This will apply to the body of law that is referred to as "assimilated law" after 2023 (see section 5). Subsection (2) sets out the definition of secondary assimilated law. In consequence, the power to restate is limited to restating assimilated law that is not primary legislation, or assimilated law that is primary legislation, but only to the extent that it has been amended by subordinate legislation.
	Subsection (3) states that any provision made by this power will no longer be assimilated law. Amongst other things, this ensures that section 6 of EUWA will no longer apply.
	Subsections (4) establishes that the application of retained case law by virtue of 6(3) or (6) of EUWA, will not have effect for the purposes of interpreting restatement provisions. Without this provision, any restatement may be interpreted in line with retained case law to the extent set out in section 6 of EUWA (i.e. to the extent that the assimilated law being restated was).
	Subsection (5) establishes that a relevant authority may, as part of any restatement, reproduce into domestic legislation an effect that is equivalent to that produced by those interpretive effects that ceased to apply under subsections (4). In other words, the effects of the retained case law may be reproduced. This enables relevant authorities to achieve the same policy outcome produced by the assimilated law that is being restated, where considered appropriate.
	Subsection (6) and (7), enables a relevant national authority as part of any restatement, where considered appropriate, to reproduce an effect equivalent to the interpretive effects of supremacy, general principles or anything that was REUL by virtue of section 4 (retained directly effective rights). This applies to those interpretive effects which are disapplied by sections 2 to 4 of this Act at the end of 2023. This is limited only to reproducing their "effects" and not reproducing such principles or rights themselves (see section 13(4) to (6)).
	Whereas subsections (6) and (7) enable the reproduction of interpretive effects as part of a "restatement", subsection (8) allows the reproduction of the effects of retained general principles and directly effective rights under section 4 of EUWA (as they would have applied were it not for sections 2 to 4 of this Act) on their own. This reflects the ability in section 11 to codify these aspects of REUL. This enables the effects of retained general principles and directly effective rights to be rewritten back into legislation to which such things were relevant before the end of 2023. That includes reproducing the effects of general principles or section 4 rights etc. into relevant primary legislation. The effects of supremacy may not be capable of being reproduced.
	Subsection (9) establishes that this power expires on 23 June 2026.