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Published: 13 September 2018
Relaid: 08 October 2018
Sift end date: 16 October 2018
This Statutory Instrument (SI) has been made under the European Union (Withdrawal) Act 2018 to ensure that the UK statute book is ready, on Exit, to comply with The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the 2007 Hague Convention).
The UK and EU have agreed that during the implementation period, the UK is to be treated as a Member State for the purposes of international agreements, including the 2007 Hague Convention. This Statutory Instrument therefore would only apply in the unlikely event that the Withdrawal Agreement with the EU is not concluded.
The UK currently participates in the 2007 Hague Convention by virtue of EU membership, the EU itself having concluded the Convention in 2014 and thus being a Contracting Party. UK participation will therefore cease on Exit.
This SI is required as part of the UK’s overall preparations to achieve full independent contracting party status to the 2007 Hague Convention after we leave the EU and to ensure an effectively functioning statute book. It will underpin the UK ’s future ability to meet its international treaty obligations by ensuring the smooth continuation of existing domestic implementing legislation relating to this Convention, on and after exit day.
This SI will ensure that the rules of the 2007 Hague Convention on the recognition and enforcement of cross - border maintenance decisions can work effectively between the UK and all the existing contracting parties to this Convention including the EU, USA, Brazil, Turkey and Ukraine amongst others. It will also ensure that the UK can operate the 2007 Hague Convention with any future contracting parties to this Convention.
The UK Government policy paper Providing a cross-border civil judicial cooperation framework - a future partnership paper outlines the United Kingdom's position on cross-border civil judicial cooperation in the future partnership with the EU.
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Published 15 August 2018
Sift end date: 12 September 2018
This instrument will amend the Public Lending Right Scheme to maintain continuity after the UK has left the European Union, so that authors resident in the UK will continue to be eligible to register for the Public Lending Right alongside residents of a European Economic Area State. Under the Scheme authors receive payments from a central government fund based on the number of times their books are lent out by public libraries.
Having considered the consultation responses, the Minister decided to amend the Scheme to ensure that authors resident in the United Kingdom will continue to eligible to register for the Public Lending Right following the United Kingdom’s exit from the EU. The Department for Digital, Culture, Media and Sport also engaged with the devolved administrations about the proposed amendment. In particular, in accordance with long established practice in this area, the Department consulted with Northern Ireland as the subject matter of the Public Lending Right is a transferred matter in respect of Northern Ireland. The Permanent Secretary of the Department for Digital, Culture, Media and Sport wrote to the Permanent Secretary at Northern Ireland’s Department for Communities to officially inform him of this proposed instrument, and he responded to note this intention to legislate
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Published: 18 September 2018
Sift end date: 24 October 2018
The instrument makes a number of minor amendments to various pieces of maritime secondary legislation to ensure that the relevant legislation continues to operate effectively after the UK leaves the EU.
This instrument applies to the wages of seafarers who work wholly or partly within Northern Ireland which is a transferred matter for Northern Ireland under section 4(1) of the Northern Ireland Act 1998. The UK Government remains committed to restoring devolution in Northern Ireland. This is particularly important in the context of EU Exit because the UK Government wants devolved Ministers to take the necessary actions to prepare Northern Ireland for exit. The UK Government has been considering how to ensure a functioning statute book across the UK including in Northern Ireland for exit day absent a Northern Ireland Executive. With exit day less than one year away, and in the continued absence of a Northern Ireland Executive, the window to prepare Northern Ireland's statute book for exit is narrowing. UK Government Ministers have therefore decided that in the interest of legal certainty in Northern Ireland, the UK Government will take through the necessary secondary legislation at Westminster for Northern Ireland, in close consultation with the Northern Ireland departments. This is one such instrument.
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Published: 19 July 2018
Sift end date: 05 September
This instrument uses powers under the European Union (Withdrawal) Act 2018 (“the Withdrawal Act”) to make the necessary changes to the Airport Charges Regulations 2011 (“the 2011 Regulations”) which arise as a result of the UK leaving the European Union (the “EU”). It also uses section 2(2) of the European Communities Act 1972 (“the ECA”) to update references to EU Regulations on Air Traffic Management which have been replaced, and to make a correction to regulation 33(1)(b) of the 2011 Regulations.
This instrument applies to “Aerodromes” which are a transferred matter for Northern Ireland under paragraph 4 of Schedule 3 to the Northern Ireland Act 1998.
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Published: 19 July 2018
Sift end date: 5 September 2018
Groundhandling refers to the range of services provided at airports which enable flights to take place, including baggage handling, fueling and refueling, removal of snow and ice and de-icing of an aircraft. This instrument applies to “Aerodromes” which are a transferred matter for Northern Ireland under paragraph 4 of Schedule 3 to the Northern Ireland Act 1998.
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Published: 31 August 2018
Sift end date: 5 September 2018
This instrument amends the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 and the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 (together, the “GOO Regulations”) in consequence of the United Kingdom’s withdrawal from the EU.
No public consultation was undertaken for this instrument as there are no, or no significant, impacts on business or the public or voluntary sectors. The devolved administrations in Northern Ireland Scotland and Wales have been consulted about the amendments made by this instrument .
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Published: 03 July 2018
Sift end date: 05 September 2018
These Regulations amend section 44(1)(b) of the Freedom of Information Act 2000 (“the FOI Act”) by replacing the words “EU obligation” with “retained EU obligation”.
The Welsh and Northern Ireland devolved administrations have been consulted by the Cabinet Office about this proposed amendment. The Cabinet Office has undertaken no other consultation. The Freedom of Information (Scotland) Act 2002 applies in relation to Scottish public authorities. The Cabinet Office informed the Scottish Government has of the proposed amendment.
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Published: 13 September 2018
Sift end date: 24 October 2018
This Statutory Instrument (SI) to be made under the European Union (Withdrawal) Act 2018 to ensure that the UK is ready, after EU Exit, to apply the 2005 Hague Convention on choice of court agreements.
The Parliamentary Under-Secretary of State for Justice, Lucy Frazer, made the following statement regarding use of legislative powers in the European Union (Withdrawal) Act 2018: “In my view the provisions of the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018 do no more than what is appropriate to address deficiencies in retained EU law arising from the UK leaving the EU. The Act provides that the directly applicable provisions ofthe 2005 Hague Convention, the Brussels 1A Regulation, and their related implementing legislation will become retained EU law immediately on exit day. Deficiencies arise because this retained EU law concerns reciprocal arrangements which operate under the 2005 Hague Convention and Brussels 1A Regulation, and that reciprocity will no longer exist from exit day. In the case of the 2005 Hague Convention, such reciprocal arrangements will operate again once the UK accedes to the Convention in its own right, but there will be a short gap after exit day before the Convention comes into force for the UK.
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Published: 23 July 2018
Sift end date: 24 October 2018
This instrument amends UK primary legislation to address deficiencies arising from the withdrawal of the United Kingdom from the European Union. The three Acts amended by this instrument are: the Groceries Code Adjudicator Act 2013; the Small Business, Enterprise and Employment Act 2015; and the Enterprise Act 2016.
The territorial extent of this instrument is the whole of the United Kingdom.
The territorial application of this instrument includes Scotland and Northern Ireland.
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Published: 20 July 2018
Sift end date: 09 October 2018
This statutory instrument is being made under powers in the EU(W) Act in order to make consequential and saving provision as a result of the repeal of the European Parliamentary Elections Act 2002 and the European Parliament (Representation) Act 2003. It will correct deficiencies in retained EU law arising as a result of the UK no longer having representation in the European Parliament or participating in elections to the European Parliament.
The Cabinet Office have shared the draft instrument with the Electoral Commission, representatives of the Association of Electoral Administrators, the Electoral Management Board for Scotland, the Society of Local Authority Chief Executives, the devolved administrations in Scotland, Wales and Northern Ireland, and the Government of Gibraltar.
The Explanatory Memorandum states too that:
The Electoral Commission and other bodies with whom we shared the draft instrument agree with the Government‘s approach in the instrument and consider that the proposed approach is sensible given that the UK will no longer be taking part in European Parliamentary elections once the UK has left the EU.
The devolved administrations in Scotland, Wales and Northern Ireland have raised no issues with the devolved provisions included in the Regulations in relation to their nation.
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