EU (Withdrawal) Act 2018 - Statutory Instruments
Within the competence of the devolved authorities in Northern Ireland (NI SIs)
The table below contains a list of statutory instruments stemming from the EU (Withdrawal) Act 2018 which:
- Include regulations made by UK Government Ministers using powers to: deal with deficiencies arising from withdrawal (section 8); implement any withdrawal agreement (section 9); or make consequential provision (section 23); and these
- Regulations are within the competence of the devolved authorities in Northern Ireland.
The powers cited above can be exercised by regulations made by statutory instrument, using either the negative or affirmative parliamentary procedure. Where a UK Government Minister chooses to use the negative procedure, the EUWA set up a new “sifting” system in the UK Parliament. This requires the Minister to lay the proposed negative SIs in Parliament, so that a committee of each House can consider whether the SI should be subject to negative or affirmative procedure.
In the House of Commons The European Statutory Instruments Committee (ESIC) was established by to carry out this function. In the House of Lords the sifting role has been added to the work of the Secondary Legislation Scrutiny Committee (SLSC). Both committees are committed to pubic engagement and welcome comments to help inform the ‘sifting’ process for individual proposed negative instruments. These comments may also feed into overall consideration of the SI.
The lists below are provided by RaISe as part of its wider identification and dissemination of information relating to Northern Ireland and the UK exit from the EU. The list has been compiled on the basis of information contained in the relevant Explanatory Memorandum. Inclusion in this list does not, therefore, constitute any sort of legal statement regarding competence.
The lists of SIs that have been identified through this tracking exercise are not definitive and full lists of all SIs can be found on the UK Parliament website and on the legislation.gov.uk webpages.