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This document is the post-consultation government response to the consultation paper on the departure from retained EU case law by UK courts and tribunals.
It will cover:
- the background to the consultation
- a summary of the responses to the consultation
- a detailed response to the specific questions asked in the consultation
- the next steps following this consultation
This document sets out for consultation proposals on the use of the power in Section 6 of the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020). In summary, a Minister of the Crown may make regulations to designate additional courts or tribunals with the power to depart from retained EU case law, the extent to which they may do so and the test they must apply.