Section 7 — Status of assimilated law
Extent: E+W+S+N.I.
This version in force from 2024-01-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) Anything which—
(a) was, immediately before exit day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and
(b) continues to be domestic law on and after exit day by virtue of [F1 section 1A(2) or 1B(2)],
continues to be domestic law as an enactment of the same kind.
(1A) [F2 Anything which—]
(a) [F2 was, immediately before IP completion day, primary legislation of a particular kind, subordinate legislation of a particular kind or another enactment of a particular kind, and]
(b) [F2 continues to be domestic law on and after IP completion day by virtue of section 2,]
[F2 continues to be domestic law as an enactment of the same kind.]
(4A) [F3 [F4 Assimilated direct] legislation ... may only be modified by—]
(a) [F3 primary legislation, or]
(b) [F3 subordinate legislation so far as it is made under a power which permits such a modification by virtue of—]
(i) [F3 paragraph 3, 8(3), 11A, 11B or 12(3) of Schedule 8,]
(ii) [F3 any other provision made by or under this Act,]
(iii) [F3 any provision made by or under an Act of Parliament passed before, and in the same Session as, this Act, or]
(iv) [F3 any provision made on or after the passing of this Act by or under primary legislation.]
(5) For other provisions about the status of [F5 assimilated] law, see—
(a) section 5 [F6 (A1) to (A3)] [F7 and (7)] (status of [F5 assimilated] law in relation to other enactments or rules of law),
(b) section 6 (status of [F8 assimilated] case law ...),
(ba) [F9 section 7C (status of case law of European Court etc. in relation to [F5 assimilated] law which is relevant separation agreement law),]
(c) section 15(2) and Part 2 of Schedule 5 (status of [F5 assimilated] law for the purposes of the rules of evidence),
(d) [F10 paragraph 16 of Schedule 8 (information about Scottish instruments which amend or revoke subordinate legislation under section 2(2) of the European Communities Act 1972),]
(e) paragraphs 19 and 20 of that Schedule (status of certain [F11 assimilated direct] legislation for the purposes of the Interpretation Act 1978), and
(f) paragraph 30 of that Schedule (status of [F12 assimilated direct] legislation for the purposes of the Human Rights Act 1998).
Amendment notes
- F1 Words in s. 7(1)(b) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 40(2) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/75, reg. 4(n)(xv)
- F2 S. 7(1A) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 40(3) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
- F3 S. 7(4A) substituted for s. 7(2)-(4) (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(1)(d), Sch. 3 para. 13
- F4 Words in s. 7(4A) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
- F5 Word in s. 7(5) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(c)(i) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
- F6 Words in s. 7(5)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 3(3)(b), 22(3) (with s. 22(5)); S.I. 2023/1363, reg. 3(a)
- F7 Words in s. 7(5)(a) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 40(4)(a) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
- F8 Word in s. 7(5)(b) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(c)(ii) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
- F9 S. 7(5)(ba) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 40(4)(b) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/1622, reg. 5(j)
- F10 S. 7(5)(d) substituted (29.6.2023) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 10(2)(a), 22(1)(d) (with s. 10(3))
- F11 Words in s. 7(5)(e) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(c)(iii) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)
- F12 Words in s. 7(5)(f) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 8(8)(c)(iii) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)