Proposed Negative Statutory Instruments Sift Period Open
The table below lists Proposed Negative Statutory Instruments under the EU (Withdrawal) Act 2018 which:
- Contain regulations made by UK Ministers using powers to: deal with deficiencies arising from withdrawal (section 8); implement any withdrawal agreement (section 9); and make consequential provision (section 23);
- Applies, or includes provisions, which apply to a transferred matter; and
- Sifting period remains open.
Limited information from the explanatory note which accompanies each SI is provided in the table below. Full information can be found by clicking on the title of each SI.
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Published: 22 October 2018
This instrument applies to private international law which is a transferred matter for Northern Ireland under section 4(1) of the Northern Ireland Act 1998.
The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2018 amend Regulation (EU) 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters (the “CPM Regulation”) as retained under the EU (Withdrawal) Act and associated domestic legislation to ensure that, post EU Exit protection measures made in EU Member States will continue to be recognised and may be enforced in England & Wales and Northern Ireland.
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Published: 17 October 2018
Committee sifting period ends: 1 November 2018
The GOO Regulations provide for the Secretary of State for Business, Energy and Industrial Strategy (in Great Britain) and the Department for the Economy (in Northern Ireland) to issue guarantees of origin (“GOOs”) in respect of electricity generated from high - efficiency cogeneration sources (referred to as combined heat and power or CHP) in the UK, when requested to do so by generators. The GOO Regulations also require public bodies in Great Britain and in Northern Ireland to (1) recognise GOOs issued in the UK and in other Member States of the EU (“EU GOOs”) unless requested not to by the issuing authority or where satisfied that there is a good reason to doubt the accuracy, reliability or veracity of the GOO; (2) notify the European Commission if the public body decides not to recognise a n EU GOO; and (3) comply with Commission decisions about whether an EU GOO should be recognise d.
After the UK leaves the EU, the European Commission will have no jurisdiction in respect of the UK. Accordingly, the Commission will no longer have a role in the recognition of EU GOOs by UK public authorities, and this is made clear in the GOO Regulations.
The GOO Regulations no longer require UK public authorities to notify the European Commission if a public authority decides not to recognise an EU GOO or for UK public authorities to comply with Commission decisions about whether an EU GOO should be recognised if there is a dispute about the EU GOO’s validity between the holder of the GOO and a UK public authority.
Public authorities in Great Britain and in Northern Ireland will continue to be required to recognise GOOs issued in the UK and EU GOOs (with limited exceptions)
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Published: 10 October 2018
Committee sifting period ends: 26 October 2018
Regulation (EC) No. 1371/2007 on Rail Passengers’ Rights and Obligations (“the EU Regulation”) contains several provisions that will not be fully effective once the EU Regulation becomes retained EU law following the United Kingdom’s withdrawal from the EU. This instrument amends or deletes such provisions of the EU Regulation to allow it to operate effectively once the UK has left the European Union. It also makes consequential changes to three related sets of domestic regulations.
In Northern Ireland, the EU Regulation applies and is enforced via NI regulations (the Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017 as railways are devolved to Northern Ireland However, the NI administration has asked the UK Government to cover amendments to the Northern Ireland domestic regulations. The key difference between the position in GB and NI is that in NI all the exemptions have been removed, and there are also different enforcement and consumer complaints bodies (in Northern Ireland, these are the Department for Infrastructure and the Consumer Council).
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