Secondary Legislation Scrutiny Committee
Losing Control?: The Implications for Parliament of the Retained EU Law (Revocation and Reform) Bill

28th Report of Session 2022-23 - published 2 February 2023 - HL Paper 145


Executive Summary

Chapter 1: Introduction

Purpose of the report



Box 1: Guide to terminology

Chapter 2: Background

European Union (Withdrawal) Act 2018

Retained EU Law (Revocation and Reform) Bill—what the Bill does

Sunsets of retained EU law

Modification of retained EU law

Powers relating to retained EU law and assimilated law

Overall impact of the REUL Bill

Chapter 3: The Challenge of the Sunset Provisions

Inadvertent omission

Absence of parliamentary scrutiny

Chapter 4: Downgrading the status of direct principal REUL

Triaging mechanism

Enhanced scrutiny procedures and amendability

Chapter 5: Powers delegated to ministers—a blank cheque?

Power to “restate”

Power to “revoke”, “replace” or “make alternative provision”

Scrutiny of the exercise of clauses 12, 13 and 15 powers

Statutory consultation

Power to update

The use of Legislative Reform Orders

Sifting and its role in scrutiny

Extending the period for scrutiny

Chapter 6: The importance of supporting information and post-implementation reviews

Explanatory memorandums

Impact assessments

Post-implementation review

Chapter 7: Conclusion

Appendix 1: List of Members and Interests

Appendix 2: Correspondence on the Retained EU Law Dashboard

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