EU (Withdrawal) Act 2018 - Statutory Instruments

Including matters within the competence of the devolved authorities in Northern Ireland


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
  • Include matters 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.


Disclaimer

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. 

 

Title Date Procedure

Common Agricultural Policy (Market Measures, Notifications and Direct  Payments) (Miscellaneous Amendments) (EU Exit) Regulations 2019

 14/10/19 Affirmative Made
Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 07/10/19  Affirmative Made 

Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019

  07/10/19 Affirmative Made 

The Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019

 03/10/19  Negative 
The Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019 09/09/19  Affirmative Made 
The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019  09/09/19 Affirmative Made  

The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

 05/09/19  Affirmative Made  
The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 05/08/19 Negative 
The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019  25/07/19 Draft Affirmative 
The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 24/07/19  Draft Affirmative 
The Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019 24/07/19  Draft Affirmative 

The Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019

 24/07/19 Draft Affirmative
The Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 24/07/19  Draft Affirmative 
The Plant Health (Amendment etc.) (EU Exit) Regulations 2019  22/07/19  Draft Affirmative

The Insolvency (Amendment) (EU Exit) (No. 2) Regulations 2019

  11/07/19 Draft Affirmative 
The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019 11/07/19  Draft Affirmative 
The Food and Drink (Amendment) (EU Exit) Regulations 2019 10/07/19 Strengthened

The Gas Tariffs Code (Amendment) (EU Exit) Regulations 2019

 10/07/19 Draft Affirmative

Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019

 01/07/19 Proposed Negative

Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019

 27/06/19 Draft Affirmative 

The Electronic Commerce Directive (Adoption and Children) (Amendment etc.) (EU Exit) Regulations 2019

 20/06/19  Proposed Negative

European Grouping of Territorial Cooperation (EU Exit) Regulations 2019

 18/06/19  Proposed Negative

The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

 10/06/19  Draft Affirmative 

Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019

05/04/19 Affirmative (made)

Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019

 05/04/19 Affirmative (made)

Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No.2) Regulations 2019

05/04/19 Proposed Negative
REACH etc. (Amendment etc.) (No. 2) Regulations 2019 04/04/19 Proposed Negative

Competitiveness of Enterprises and Small and Medium-Sized Enterprises (Revocation) (EU Exit) Regulations 2019

04/04/19 Proposed Negative
Road Vehicles and Non-Road Mobile Machinery (Type Approval) (Amendment) (EU Exit) (No. 2) Regulations 2019 27/03/19  Negative (made) 
The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019 19/03/19 Draft Affirmative

The Geo-Blocking Regulation (Revocation) (EU Exit) Regulations 2019

 14/03/19 Draft Affirmative
The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 28/02/19 Draft Affirmative
The Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 26/02/19 Proposed Negative
The Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 26/02/19 Negative (Made)
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 14/02/19 Draft Affirmative
The Detergents (Safeguarding) (Amendment) (EU Exit) Regulations 2019 14/02/19 Draft Affirmative
The Criminal Procedure (Amendment) (EU Exit) Regulations 2019 13/02/19 Proposed Negative
Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 13/02/19 Draft Affirmative
The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 13/02/19 Draft Affirmative
The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 11/02/19 Draft Affirmative
The Social Security Coordination (Reciprocal Healthcare) (Amendment etc) (EU Exit) Regulations 2019 11/02/19 Draft Affirmative
Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 05/02/19 Proposed Negative
Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019 05/02/19 Proposed Negative
Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 05/02/19 Draft Affirmative 
Animal Feed (Amendment) (EU Exit) Regulations 2019 05/02/19 Draft Affirmative 
Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 05/02/19 Draft Affirmative 
Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 05/02/19 Draft Affirmative
Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 05/02/19 Draft Affirmative
Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019 04/02/19 Draft Affirmative
Novel Food (Amendment) (EU Exit) Regulations 2019 04/02/19 Draft Affirmative
Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 04/02/19 Draft Affirmative
Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 04/02/19 Draft Affirmative
Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 04/02/19 Draft Affirmative
The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 31/01/19 Draft Affirmative
The Quick-frozen foodstuffs (Amendment) (EU Exit) Regulations 2019 31/01/19 Proposed Negative
The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 31/01/19 Draft Affirmative  
The General Food Hygiene (Amendment) (EU Exit) Regulations 2019 31/01/19 Draft Affirmative  
The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 31/01/19 Draft Affirmative 
The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 31/01/19 Draft Affirmative
The European Structural and Investment Funds Common Provisions and Common Provision Rules etc. (Amendment) (EU Exit) Regulations 2019 28/01/19 Draft Affirmative 
The Regulation (EC) No 1370/2007 (Public Service Obligations) (Amendment) (EU Exit) Regulations 2019 28/01/19 Proposed Negative 
The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 22/01/19 Draft Affirmative
The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019 17/01/19  Draft Affirmative
The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 15/01/19 Draft Affirmative
Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 14/01/19 Draft Affirmative
The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 09/01/19  Draft Affirmative 
The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 08/01/19 Draft Affirmative
The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018 20/12/18  Draft Affirmative 
The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2018 19/12/18  Draft Affirmative
The Plant Health (EU Exit) Regulations 2019  19/12/18 Draft Affirmative  
The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 18/12/18 Proposed Negative
The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2018  17/12/18 Draft Affirmative 
The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019  17/12/18 Draft Affirmative 
The Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit)
Regulations 2019		  17/12/18 Proposed Negative 
The Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019  14/12/18 Proposed Negative 

The Equality (Amendment and Revocation) (EU Exit) Regulations 2018

  13/12/18 Draft Affirmative 
The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019  13/12/18 Draft Affirmative  

The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019

 12/12/18 Proposed Negative

The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018

  11/12/18 Proposed Negative 

The Road Vehicles and Non-Road Mobile Machinery (Type Approval) (Amendment) (EU Exit) Regulations 2018

  11/12/18 Proposed Negative 

The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2018

 10/12/18 Proposed Negative
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 10/12/18 Draft Affirmative 
The Fisheries (Amendment) (EU Exit) Regulations 2019  04/12/18 Draft Affirmative

The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2018

  04/12/18 Proposed Negative

The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018

 29/11/18 Proposed Negative
The European Structural and Investment Funds Common Provisions (Amendments) (EU Exit) Regulations 2018 29/11/18 Proposed Negative
The Rural Development (Amendment) (EU Exit) Regulations 2018 29/11/18 Proposed Negative
The Intelligent Transport Systems (EU Exit) Regulations 2018  29/11/18 Proposed Negative
The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018 29/11/18 Proposed Negative
The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 29/11/18 Draft Affirmative
The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018  28/11/18 Draft Affirmative
The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2018  28/11/18 Draft Affirmative 
The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2018  22/11/18 Proposed Negative
The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2018  22/11/18 Proposed Negative
The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU
Legislation) (EU Exit) Regulations 2018		 22/11/18 Proposed Negative
The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 22/11/18 Proposed Negative
The Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2018 22/11/18 Proposed Negative
Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019 21/11/18 Draft Affirmative
The Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2018 21/11/18 Draft Affirmative
The Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018  20/11/18 Proposed Negative
The Organic Products (Amendment) (EU Exit) Regulations 2018 20/11/18 Proposed Negative
The Blood Safety and Quality (Amendment) (EU Exit) Regulations 2019 19/11/18 Draft Affirmative
The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019 19/11/18 Draft Affirmative
The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019  19/11/18 Draft Affirmative
The Insolvency (Amendment) (EU Exit) Regulations 2018 19/11/18 Draft Affirmative
The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2018 19/11/18 Proposed Negative
The Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2018 16/11/18 Proposed Negative
The Animal Welfare (Amendment) (EU Exit) Regulations 2018 13/11/18 Proposed Negative
The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2018 13/11/18 Proposed Negative
The Provision of Services (Amendment) (EU Exit) Regulations 2018 12/11/18 Proposed Negative
The Control of Mercury (Amendment) (EU Exit) Regulations 2018 08/11/18 Proposed Negative
The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 08/11/18 Proposed Negative

The Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018

 01/11/18 Draft Affirmative
The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2018 01/11/18 Proposed Negative

The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018

 31/10/18 Proposed Negative

The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018

 30/10/18 Proposed Negative

The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018

 31/10/18 Proposed Negative

The Companies, Limited Liability Partnerships and Partnerships (Amendment etc.) (EU Exit) Regulations 2018

 31/10/18 Proposed Negative
Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018 29/10/18 Draft Affirmative
The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2018 29/10/18 Proposed Negative
The Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 29/10/18 Proposed Negative
The Inquiries and Coroners (Amendment) (EU Exit) Regulations 2018 29/10/18 Proposed Negative
The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2018 26/10/18 Proposed Negative
The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 24/10/18 Proposed Negative
Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018 22/10/18 Draft Affirmative
The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2018  22/10/18 Proposed Negative
The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (Amendment) (EU Exit) Regulations 2018 17/10/18 Proposed Negative
Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018  10/10/18 Proposed Negative
The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2018 10/10/18 Proposed Negative
The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018 13/09/18
08/10/18		 Proposed Negative
The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018  05/09/18 Draft Affirmative
The Public Lending Right Scheme 1982 (Amendment) (EU Exit) Regulations 2018  15/08/18 Proposed Negative
The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018  18/09/18 Proposed Negative
The Airport Charges (Amendment) (EU Exit) Regulations 2018  19/07/18 Proposed Negative
The Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018  19/07/18 Proposed Negative
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018  31/08/18 Proposed Negative
The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018  03/07/18 Proposed Negative
The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018  13/09/18 Proposed Negative
The Groceries Code Adjudicator Act 2013, Small Business, Enterprise and Employment Act 2015, and Enterprise Act 2016 (Amendment) (EU Exit) Regulations 2018  23/07/18 Proposed Negative
The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018  20/07/18 Proposed Negative