Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Retained EU law definition

What does Retained EU law mean? Retained EU law refers in UK legal practice to the EU-derived legislation, rights and case law that were preserved and converted into domestic law when the European Communities Act 1972 was repealed at the end of the Brexit transition (31 December 2020). It is a statutory term created by the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020. It covered: (i) EU regulations and decisions taking effect as retained direct EU legislation; (ii) UK regulations and Acts made to implement EU directives (EU-derived domestic legislation); and (iii) directly effective EU rights and CJEU...

Post‑Brexit retained EU law and its transition to assimilated law: UK definitions, scope, interpretation, case law and reform (2021–onwards)

Published by a LexisNexis Public Law expert

Practice notes

This Practice Note outlines Retained EU law as it operated in 2021–23, setting out key definitions and concepts with pointers to the relevant provisions of the European Union (Withdrawal) Act 2018 (EU(W)A 2018). It further considers the overhaul of retained EU law and its re-labelling as assimilated law from 2024. Wider aspects of the EU(W)A 2018, together with the distinct arrangements and divergences for the UK’s devolved administrations, fall outside the scope of this Practice Note. Evaluation of particular instruments, provisions or rights, and whether they are retained, is likewise excluded.

what’s the difference?

Both “retained EU law” and “assimilated law” describe the residual body of domestic law that originally stemmed from the UK’s membership of the EU. The labels mark two phases in the domestic legal system’s adjustment to Brexit:

retained EU law was the former label for that body of law as it was preserved or converted into domestic law from IP completion day at the end of the Brexit “implementation period” at 11 pm on 31 December 2020, and as it applied until the end of 2023 (the 2021–23 period).

Broader EU(W)A 2018 provisions and devolved arrangements remain wholly expressly outside the scope of this Practice Note.

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Dr. Kieran Laird

Gowling WLG

Kieran is an ex-academic with a particular interest in areas where law and politics intersect. He is a partner in Gowling WLG's Public Law & Regulation team and Head of Constitutional Affairs for the firm's Brexit Unit.Kieran provides advice on the applicability of, and developments in, the statutory and regulatory frameworks governing a number of regulated sectors including energy, qualifications, transport, health, communications, and political lobbying. Kieran advises a range of clients including sector regulators, consumer councils, government departments, other public bodies, major corporates, and small and medium sized enterprises with regard to their respective regulated industries, equalities and human rights duties, EU law and other public law matters....

Web page updated on 21/05/2026

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