Fifth bi-annual Welsh Government retained EU law (REUL) Act update: June 2025 to December 2025

The Retained EU Law (Revocation and Reform) Act 2023 (‘the REUL Act’) received Royal Assent on 29 June 2023. The REUL Act provides powers for UK Ministers and the devolved authorities to revoke, replace and reform secondary assimilated law (previously ‘retained EU law’).

Section 17 of the REUL Act requires, after each reporting period (every six months to 23 June 2026), the UK Government to publish a report on the revocation and reform of assimilated law and an update to the assimilated law dashboard. For this fifth update the period covered is July 2025 to December 2025.

Following the UK Government’s preparation of its fifth Assimilated Law Parliamentary Report (‘UK Government Report’) for the same period, the Welsh Government is providing the Senedd with this complementary report on statutory instruments (SIs) relevant to Wales, including instances where UK Government used its REUL Act powers to lay SIs within devolved competence.

The UK Government Report maintains the same structure as its previous edition. Consistent with our previous approach, this report adopts a similar structure and focuses solely on those statutory instruments for which Welsh Ministers have granted consent for the UK Government to exercise concurrent powers under the REUL Act. This also mirrors the approach taken by the Scottish Government, whose parliamentary committee also publishes its own report. A link to the Scottish Government’s report when published will be available here: Assimilated law (Retained EU law) - Europe - gov.scot

We continue to approach the use of REUL Act powers proportionately and judiciously, focusing resources on delivering our own legislative programme and considering REUL powers only where there are clear benefits to Wales. The Welsh Government continued with our policy of considering, on a case-by-case basis and where the use of REUL Act powers would clarify the statute book, support effective administration in Wales, or align with Programme for Government commitments.

During this reporting period, Welsh Ministers did not make SIs under REUL Act powers. However, engagement with the UK Government has continued where the use of concurrent powers are proposed in devolved areas.

The UK Government Report states that between June 2025 and December 2025 the UK Government laid one SI using powers under the REUL Act and one SI using powers under the REUL Act and other legislative powers.

• The Aviation Safety (Amendment) Regulations 2025 (S.I. 2025/1150)
• The Merchant Shipping (Marine Equipment) Regulations 2025 (S.I. 2025/1280)

Both of these SIs were in wholly reserved areas and as such the UK Government did not seek consent from Welsh Government. 

The UK Government maintains a Retained EU Law and assimilated law Dashboard which contains a publicly accessible list of retained EU law and assimilated law (The REUL Dashboard includes UK legislation which is reserved, has mixed competence or falls under devolved competence. It does not include any legislation made by the devolved governments of  Wales, Scotland or Northern Ireland). At the time of preparing this report, the Dashboard was last updated on 15 January 2026. It was updated alongside the publication of the UK Government Report and remains a resource for tracking the status of assimilated law identified by the UK Government. 

The UK Government Report concludes by noting that no further restatements or codifications of Section 4 rights were required during this reporting period, reflecting the UK Government’s view that existing domestic legislation already provides equivalent protection. This position follows the REUL Act’s removal of the principle of EU law supremacy and the general principles of EU law as interpretative tools, with Section 4 rights now preserved only where expressly restated. The UK Government confirms that these restatement powers remain available until 23 June 2026, but have not been used since the previous report.

Liaison between the UK Government, other devolved governments and Welsh Government at official level on the use of REUL Act powers has remained positive.

The UK Government Report describes assimilated law reform as a component of its broader regulatory agenda, framed within strategic priorities such as the UK Government’s Modern Industrial Strategy, economic growth, regulatory simplification, and support for SMEs. 

While the UK Government’s forthcoming activity is expected to rely largely on other domestic legislation, the UK Government indicates that REUL Act powers will continue to be used selectively in highly technical areas—examples include aviation safety and marine equipment regulations. From a Welsh Government perspective, such developments underline the importance of early engagement to ensure devolved interests are properly considered during the design of UK‑wide updates.

As the UK Government’s broader regulatory reform agenda develops, we will continue to assess potential implications for Wales. The UK Government reiterates in its Report its commitment to strengthening relationships with the devolved governments and with the EU, acknowledging the importance of constructive engagement as reforms progress.

There has been a significant decrease in the UK Government’s use of REUL Act powers since our last bi-annual report. We do not expect significant use of REUL Act powers by the UK Government before the powers expire, and indications from this reporting period suggest that further proposals are likely to remain limited and targeted. UK Government departments continue to identify narrowly‑defined technical corrections where amendments may be beneficial, but overall activity is expected to remain selective and confined to specialised areas.

Looking ahead, the Welsh Government may consider limited, targeted use of REUL Act powers where this would clarify the statute book, improve legal certainty, or assist effective administration in Wales. Any such considerations will be carefully scoped and assessed on a case‑by‑case basis, ensuring that the use of these powers provides clear benefits for Wales.

We will also continue to assess the implications of the UK Government’s wider reform programme for devolved responsibilities, maintaining close cooperation with UK departments and ensuring the Senedd remains informed through established reporting mechanisms.

This is expected to be the penultimate report on the use of REUL Act powers, with a final report to follow once powers expire.