Laws wrote that the question of whether the European Communities Act was affected by implied repeal had already been determined by the House of Lords in Factortame. In that case, the Merchant Shipping Act 1988 had arguably impliedly repealed Section 2(2) of the 1972 Act by authorising a discrimination contrary to Community law, but the Law Lords did not regard the 1988 Act as having had that effect.
Regulations stated that the question of whether the European Communities Act was influenced by implied repeal had already been settled by the House of Lords in Factortame. In this instance, the Merchant Shipping Act 1988 might have implicitly repealed Section 2(2) of the 1972 Act by permitting a discrimination contrary to Community law, but the Law Lords did not consider the 1988 Act to have had that effect.