Jurisdiction(s):
United Kingdom

UK telecommunications regulation under the Retained EU Law (Revocation and Reform) Bill: sunset, assimilation, divergence, CJEU case law, Ofcom role and client actions

Published on: 10 January 2023

Published by a LexisNexis TMT expert

Legal News

Article summary

What are the key provisions in the Bill of relevance to telecoms lawyers? Much of the law that governs the telecoms regime in the UK is derived from EU law. In broad terms, what impact would this Bill have on that existing legal framework if it is passed?

The Retained EU Law (Revocation and Reform) Bill 2022–2023 was introduced in September 2022, aiming to sweep away retained EU law automatically at the close of a sunset on 31 December 2023. That repeal would catch EU‑derived retained measures unless they are specifically kept. Consequently, any retained EU rules set out in domestic secondary legislation, as well as retained direct EU legislation, are due to lapse on 31 December 2023. In turn, for instance, elements of the Communications Act 2003 and the Wireless Telegraphy Act 2006 that, through domestic secondary instruments, implemented Directive (EU) 2018/1972, the European Electronic Communications Code, and earlier directives (including Directive 2002/22/EC, the Universal Service Directive), could fall away because of the Bill. Where retained EU law is saved, it will be re‑badged as ‘assimilated law’. The body of telecoms regulation has also been influenced, in part, by case law over time within the UK framework and practice...

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