Brexit and assimilated law

Following a national referendum, the UK withdrew its membership from the EU on 31 January 2020. The EU and UK domestic legal landscape has continued to change throughout the withdrawal process, transition/implementation period and beyond.

The UK is now in the post-transition/implementation phase of Brexit. Brexit-related research is still relevant as the implementation of Brexit-related policy, agreements and legislation remains ongoing after the event.

We are reviewing our content on the basis of information available and keeping it under regular review. In the meantime, this subtopic contains background reading, commentary and analysis on this subject and links to related guidance and policy documents.

EU referendum

On 23 June 2016, the UK held a referendum on its membership of the EU. In accordance with the European Union Referendum Act 2015 (EURA 2015), voters were asked:

‘Should the UK remain a member of the EU or leave the EU?’

On 24 June 2016, the Chief Counting Officer for the EU referendum confirmed the result:

  1. 51.9% of votes (17,410,742) were cast in favour of 'Leave'

  2. 48.1% of votes (16,141,241) were cast in favour of 'Remain'

On

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Latest Pensions News

Pension Schemes Bill: Employer surplus-payment provisions pass Grand Committee scrutiny unchanged

At the third day of Grand Committee on the Pension Schemes Bill on 19 January 2026, the House of Lords undertook an extensive examination of Clauses 9 (Power to modify scheme to allow for payment of surplus to employer) and 10 (Restrictions on exercise of power to pay surplus), with debate focused on a series of amendments that tested how far the new surplus release regime should be constrained in primary legislation. In particular, peers tabled amendments seeking to change the terminology from ‘surplus’ to ‘assets’, to require surplus to be shared with members, to mandate benefit enhancements including inflation protection, to strengthen member notification or consultation (including trade union involvement) in the surplus release process, to constrain the Secretary of State’s regulation-making powers, to embed actuarial and endgame requirements in statute, and to alter insolvency priorities where employers had previously extracted surplus. The government response, delivered principally by Baroness Sherlock, consistently resisted the amendments to prescriptive statutory rules governing the use of surplus or the processes surrounding its release, and instead defended the Bill’s reliance on trustee discretion, fiduciary duties, actuarial certification, and regulatory oversight by the Pensions Regulator.  All amendments were either withdrawn or not moved following government opposition, and Clauses 9 and 10 were agreed without amendment.

Pensions Schemes Bill makes progress at Lords Grand Committee Stage despite strong reservations on LGPS reforms

The House of Lords Grand Committee (Grand Committee) opened its detailed scrutiny of the Pension Schemes Bill on 12 January 2026. Day 1 of the Grand Committee’s examination began on Chapter 1 of the Bill on the Local Government Pension Scheme (LGPS) and in particular Clauses 1 (Asset pool companies) and 2 (Asset management). Ultimately, all amendments debated on 12 January were withdrawn, and Clauses 1 and 2 were agreed without change. However, the debate raised significant cross-party concern about the breadth of ministerial powers, the heavy reliance on delegated legislation, the protection of fiduciary duty and the extent of ministerial influence over pension investment. On 14 January 2026, the Grand Committee continued its focus on the provisions of Chapter 1 of the Pension Schemes Bill when it agreed Clauses 6 (Mergers of funds), 7 (Amendments of 2013 Act relating to scheme regulations) and 8 (Interpretation of Chapter 1). Again, agreement was reached despite extensive debate highlighting concerns over compulsory mergers, funding positions, contribution prudence and employer affordability, surplus management, transparency, and the impact of local government reorganisation. The government peers maintained that existing statutory, actuarial and governance frameworks are sufficient and that further changes should be considered through consultation rather than primary legislation. The Grand Committee is currently scheduled to sit again on 19, 22 and 26 January 2026 when further detailed examination of the Pension Schemes Bill will continue.

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