The government has revoked the regulations that would have brought into force the remaining provisions of the Retained EU Law (Revocation and Reform) Act 2023 with effect from next Tuesday, 1 October 2024. (The revocation regulations, SI 2024/976, were made on 17 September 2024 but appear only to have been published on legislation.gov.uk today, 26 September.)
This means there will not, as anticipated, be new tests for the higher courts to apply from that date in determining whether to depart from CJEU case law (or domestic case law relating to questions of EU law) pre-dating the end of the Brexit transition period (ie 31 December 2020). The planned new procedures allowing points of law arising from such case law to be referred to the higher courts for a decision, and new powers for the Attorney General to intervene, will also not come into force from that date.
The explanatory notes to the revocation regulations do not state any reasons for this change, and do not indicate whether the government intends to bring the provisions into force from a later date. New court rules implementing the new reference procedures, in a new Part 68 of the Civil Procedure Rules, are also due to come into force on 1 October but will presumably now be redundant.
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