Îʶ¦ÓéÀÖ

The Retained EU Law (Revocation and Reform) Bill received Royal Assent on 29 June 2023 thereby becoming an Act (‘the REUL Act’). The REUL Act gave UK ministers and devolved authorities broad powers to revoke, replace, and reform secondary retained EU law. Section 17 of the REUL Act requires the Secretary of State, after each reporting period (which is every six months to 23 June 2026), to update the assimilated law dashboard and publish and lay before the UK Parliament a report on the revocation and reform of assimilated law (previously known as ‘retained EU law’ at or before the end of 2023).

Following the publication of the (‘UK Government’s report’), the Îʶ¦ÓéÀÖare providing the Senedd with this report on statutory instruments (SIs) made under the REUL Act that are relevant to the Senedd for the period between June 2024 and December 2024. 

The UK Government’s report retains the same format as their previous report. 

This Îʶ¦ÓéÀÖ Government’s report broadly mirrors the UK Government’s report with respect to the use of REUL Act powers to revoke, reform or restate assimilated law and over the same reporting period. This report only covers SIs where Îʶ¦ÓéÀÖ Ministers have exercised their powers under the REUL Act or have consented to the use of concurrent powers under the REUL Act by the UK Government. This is the same approach being taken by the Scottish Government, who’s parliamentary committee publish their report. A link to the Scottish Government’s report can be found here:

Îʶ¦ÓéÀÖhas consistently maintained its policy of proportionately and judiciously using REUL Act powers where there are benefits to Wales. This approach recognises that our focus is on delivering our own legislative programme and Programme for Government. Between June 2024 and December 2024, the Îʶ¦ÓéÀÖdid not identify any benefit to Wales to justify use of REUL Act powers.  Therefore, no SIs were made by Îʶ¦ÓéÀÖ Ministers in respect of the powers under the REUL Act during this period.

The UK Government Report states that between June and December 2024 the UK Government laid just two SIs using powers under the REUL Act: 

• The Aviation Safety (Amendment) Regulations 2024
• The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024

Both were in wholly reserved areas and as such the UK Government did not seek consent from Îʶ¦ÓéÀÖ Government. In addition, we have identified one SI which the UK Government sought consent from the Îʶ¦ÓéÀÖfor the use of its REUL Act powers,  (listed in Annex A).

The UK Government maintains a , which contains a publicly accessible list of retained EU law and assimilated law (The REUL Dashboard includes UK legislation which is reserved, has mixed competence or falls under devolved competence. It does not include any legislation made by the devolved governments of  Wales, Scotland or Northern Ireland). At the time of preparing this report, the Dashboard was last updated on 23 January 2025 and reflects the position as on 23 December 2024. It was updated alongside the publication of the third Assimilated Law Parliamentary Report and remains a resource for tracking the status of assimilated law identified by the UK Government. 

Liaison between the UK Government and Îʶ¦ÓéÀÖat official level on the use of REUL Act powers has remained positive.

The UK Government published their green paper  in October 2024 which outlined a 10-year plan focusing on ‘high growth’ sectors to drive their economic growth mission (‘the Green Paper’). The Green Paper identifies eight growth sectors: advanced manufacturing, clean energy industries, creative industries, defence, digital and technologies, financial services, life sciences, and professional and business services.

As the UK Government’s intentions regarding regulatory reform and any anticipated use of powers in the REUL Act becomes clear, the Îʶ¦ÓéÀÖare ready to work closely with them on potential opportunities, implications and benefits for Wales.

Since the General Election there have been fewer UK Government proposals for use of powers under the REUL Act. Whilst the Îʶ¦ÓéÀÖcontinues to liaise closely with the UK Government, we do not expect a widespread use of REUL powers before they sunset in June 2026. 

When the UK Government proposes and seeks consent to use concurrent powers, the Îʶ¦ÓéÀÖwill consider any requests on a case-by-case basis, in line with our own priorities. The Îʶ¦ÓéÀÖwill keep the Senedd notified in line with agreed protocols and the Senedd’s Standing Orders.

The next bi-annual report is expected in the middle of 2025, following the UK Government’s report. 

Statutory Instrument

Detail 

The SI revokes and replaces provisions in the Official Controls Regulation, and other relevant legislation, to provide a long-term legislative basis for the Border Target Operating Model beyond reliance on the Transitional Staging Period for relevant goods.

Consent was given for the UK Government to make this instrument as a result of the agreement on the Border Target Operating Model between the three governments in Great Britain to introduce a coherent and consistent sanitary and phytosanitary regime for goods imported into Great Britain; to protect biosecurity and ensure food safety standards are maintained in Wales.

Progress

Laid before the UK Parliament on 19 November 2024, and the Îʶ¦ÓéÀÖ Government’s was published on 20 November 2024. The Regulations came into force on 10 February 2025.