Assimilation of retained EU law Section 5: Assimilated law
Section 5 establishes "assimilated law" as a new body of law. At all times after the end of 2023, REUL that remains in force will be known as "assimilated law". Assimilated law will be domestic law which was previously REUL, but which is no longer interpreted in line with the retained EU law principles of interpretation which from the end of 2023 will be removed from domestic law by sections 2 to 4 of the Act. New subsection (1) sets out that retained EU law and related terms (for example, retained direct EU legislation and retained case law), will be known as assimilated law and related terms after the end of 2023 as set out in the table below. Subsection (2) clarifies that the name retained EU law and related terms will continue to apply up until the end of 2023.
At or before the end of 2023
After the end of 2023
Retained EU law
Assimilated law
Retained case law
Assimilated case law
Retained direct EU legislation
Assimilated direct legislation
Retained direct minor EU legislation
Assimilated direct minor
legislation
Retained direct principal EU
legislation
Assimilated direct principal
legislation
Retained domestic case law
Assimilated domestic case law
Retained EU case law
Assimilated EU case law
Retained EU obligation
Assimilated obligation
Retained EU law governing the CAP
direct payment schemes
Assimilated law governing the CAP
direct payment schemes
Retained direct EU CAP legislation
Assimilated direct CAP legislation
	Subsection (3) highlights that Schedule 2 to this Act, ‘"Assimilated law": consequential amendments’, will make amendments to change references to REUL or related terms in other relevant enactments to assimilated law and related terms
	Subsection (4) clarifies that the references to retained EU law or related terms set out in the table in subsection (1) of this section are to be read as assimilated law or related terms after the end of 2023.
	Subsection (5) clarifies that the renaming of retained EU law or related terms to assimilated law or related terms after the end of 2023 does not apply to the titles of enactments or references to those titles.
	Subsection (6) provides that, by using the power conferred by section 19 of this Act (power to make consequential provision), a Minister of the Crown may:
add new entries to the table in subsection (1) of this section to rename related terms of retained EU law to related terms of assimilated law, and add definitions for those things to subsection (7); and
change other enactments to reflect changes made by subsection (1) so that references to REUL and related terms, may be changed to assimilated law and related terms. Under section 19 other enactments may also be amended to rename references to REUL as assimilated law, and related terms.
Subsection (7) sets out definitions for the terms listed in subsection (1).