Assimilation of retained EU law Interaction with relevant separation agreement law
This Act does not affect the operation of the provisions of EUWA relating to relevant separation agreement law (RSAL), i.e. anything which is domestic law by virtue of section 7A or 7B or any domestic law that implements or is otherwise within scope of the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizen’s Rights Agreement (see section 7C(3) EUWA). RSAL includes any retained EU law, and in particular any EU-derived domestic legislation, which implement provisions of UK-EU Withdrawal Agreement (WA) including the Windsor Framework, the EEA-EFTA Separation Agreement and the Swiss Citizens’ Rights agreement.
	The reforms in Sections 2 to 6 of this Act leave intact the existing provisions of EUWA that give effect to relevant separation agreement law.
	Section 7A EUWA provides that "rights, powers, liabilities, obligations and restrictions… created or arising by or under the withdrawal agreement" have effect "in domestic law". Amongst other things, it ensures that EU law applied by the Agreement capable of applying directly will apply in domestic law without the need for any further implementing legislation. An EU Regulation required to be applied in the UK by the Withdrawal Agreement will continue to apply. This is undisturbed by the Act. Section 7A(3) expressly provides that "every enactment… is to be read and has effect subject to [section 7A]". That includes future enactments, including this Act.
	Furthermore, section 7C EUWA provides that the "meaning or effect" of RSAL "is to be decided, so far as they are applicable …in accordance with the withdrawal agreement". Amongst other things, this ensures that the principle of Supremacy, general principles of EU law and relevant CJEU case law (as they apply for the purposes of the Withdrawal Agreement) will continue to operate where applicable for the purposes of interpreting RSAL and giving effect to obligations under the Withdrawal Agreement and the Windsor Framework. That includes ensuring that any EU law that is required to apply in the UK by virtue of the Withdrawal Agreement or the Windsor Framework continues to be interpreted in accordance with those principles.
	This will continue notwithstanding the reforms made by the Act. Section 7C is undisturbed by the Act. The reforms by sections 2 to 6 of the Act are given effect by modifying EUWA. The relevant provisions of EUWA remain expressly subject to RSAL, which includes section 7C (see section 5(7) and 6(6A) EUWA as modified).