Powers relating to retained EU law Section 14: Powers to revoke or replace
Section 14 establishes the powers to revoke or replace secondary retained EU law (or assimilated secondary law after the end of 2023), and the parameters in which this can be conducted. The powers are constrained to revocation or replacement law that a relevant national authority considers does not add to the overall regulatory burden.
	Subsections (1) to (3) set out the ways in which a relevant national authority (a Minister of the Crown or devolved authority) may use the powers to revoke or replace secondary retained EU law. "Secondary retained EU law" has the same meaning as that set out in section 11.
	Subsection (1) sets out that a relevant national authority may revoke any secondary retained EU law without replacing it with any alternative domestic legislation.
	Subsection (2) provides that a relevant national authority may revoke any secondary retained EU law and replace it with a provision that is considered by the relevant national authority to be appropriate and achieves the same or similar objectives.
	Subsection (3) states that a relevant national authority may revoke any secondary retained EU law and make an alternative provision that they consider is appropriate.
	Subsection (4) states that regulations under subsection (2) or (3) –
may confer a power to make subordinate legislation that corresponds or is similar to a power to make subordinate legislation conferred by secondary retained EU law that is revoked by the regulations (and may not otherwise confer a power to make subordinate legislation);
subject to that, may confer functions (including discretions) on any person;
may create a criminal offence that corresponds or is similar to a criminal offence that was created by the secondary retained EU law that is revoked by the regulations, and may not otherwise create any criminal offence;
may provide for the imposition of monetary penalties in cases that correspond or are similar to cases in which secondary retained EU law revoked by the regulations enables monetary penalties to be imposed, and may not otherwise impose monetary penalties;
may not provide for the charging of fees;
may not –
impose taxation; or
establish a public authority.
	Subsection (5) sets out that no provision may be made under this section in relation to a particular subject area unless the relevant national authority considers that the overall effect of the changes made by it under this section, including those changes made previously, do not increase the regulatory burden on that particular subject area. This means that the aggregate regulatory burden cannot be added to.
	Subsection (6) sets out that for the purposes of subsection (5), the creation of a voluntary scheme is not to be regarded as increasing the regulatory burden.
	Subsection (7) sets out that a provision can be made under this section by making modifications to any secondary retained EU law.
	Subsection (8) specifies that any provision made by this power will not be retained EU law. Amongst other things, this means that section 6 of EUWA will no longer apply (i.e. the application of retained EU case law).
	Subsection (9) states that no regulations can be made under this power after 23 June 2026.
	Subsection (10) sets out a non-exhaustive list of things that would be considered a "burden" for the purposes of an authority’s consideration as to whether the exercise of the powers under this section might add to the overall regulatory burden in any particular subject area. This includes, among other things, any of the following considerations:
a financial cost;
an administrative inconvenience;
an obstacle to trade or innovation;
an obstacle to efficiency, productivity or profitability;
a sanction (criminal or otherwise) which affects the carrying out of any lawful activity.
	Subsection (10) also sets out that for the purpose of this section "revoke"-
includes repeal, and
in relation to anything which is retained EU law by virtue of section 4 of the European Union (Withdrawal) Act 2018, means that it is not recognised or available in domestic law and, accordingly, is therefore not to be enforced, allowed or followed.
	Subsection (10) further states that references to "secondary retained EU law" in this section should be read after the end of 2023 as references to secondary assimilated law. This means that the revoke or replace powers will be able to operate after 2023 on secondary assimilated law up to 23 June 2026.
	Subsection (11) sets out that in subsection (8) the reference to retained EU law is to be read after the end of 2023 as a reference to assimilated law (i.e. so any provisions made after 2023 will not be assimilated law).