Draft Affirmative
Laid on 1 November 2018
The purpose of this instrument is to remedy deficiencies in UK legislation relating to tobacco and nicotine inhaling products, or failures of that UK legislation to operate effectively, which would arise from the withdrawal of the UK from the European Union (‘EU’), in the event of no deal. It also amends one piece of related EU tertiary legislation and revokes four pieces of related EU tertiary legislation which will no longer have any application to the UK after withdrawal. ‘EU tertiary legislation’ refers to delegated acts and implementing acts made under powers contained in EU legislation (such as regulations or directives).
The amendments contained in this instrument are necessary to ensure that tobacco control legislation will continue to f unction after exit day. In particular they allow for necessary changes to the picture warnings on tobacco products and the process by which tobacco products and e-cigarettes are notified to Public Health England (PHE) and the Medicines and Healthcare Products Regulatory Agency (MHRA), respectively. The legislation being amended also contains a number of references that will no longer be appropriate once the UK withdraws from the EU, such as references to arrangements to which the UK has access as an EU Member State, and minor references to the European Union (EU), the European Economic Area (EEA), the Commission and EU law. The European Commission also has a number of powers under the Tobacco Products Directive (such as the ability to update regulations in line with scientific developments), which it will no longer exercise on the UK’s behalf following exit.
This instrument amends some provisions in the Tobacco Advertising and Promotion Act 2002 and the Tobacco and Related Products Regulations 2016 which relate to a transferred matter for Northern Ireland by virtue of not falling within a description specified in Schedule 2 or Schedule 3 of the Northern Ireland Act 1998.
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