Secondary legislation which affects areas of devolved competence

UK SIs that relate to NI

 

SI Title

Laid date

Department

SI Summary

Airports (Groundhandling) (Amendment) (EU Exit) Regulations 2018

19/07/2018

Infrastructure

This instrument uses powers in the European Union (Withdrawal) Act 2018 ( the Withdrawal Act ) to correct deficiencies in the Airports (Groundhandling) Regulations 1997 ( the 1997 Regulations ) “ which implemented Directive 96/67/EC on access to the groundhandling market at Community airports “ arising as a result of the UK's exit from the European Union. 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.

Airports Charges (Amendment) (EU Exit) Regulations 2018

19/07/2018

Infrastructure

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 uses powers under the Withdrawal Act to make the necessary changes to the 2011 Regulations to ensure that the law functions correctly after the UK has left the EU. These changes are necessary because it will no longer be appropriate for the Civil Aviation Authority to assess whether an airport is subject to these rules on airport charges by reference to data from the EU Commission (Eurostat). This instrument also uses section 2(2) of the ECA to update references to EU Regulations on Air Traffic Management which have been replaced, and to correct a drafting error in regulation 33(1)(b) of the 2011 Regulations.

European Union (Withdrawal) Act 2018 (Consequential Amendments) Regulations 2018

19/07/2018

Executive Office

These Regulations make repeals in consequence of the repeal of the European Union
Act 2011 (c. 12) ( 2011 Act ) and the European Union (Amendment) Act 2008 (c. 7)
( 2008 Act ) by Schedule 9 of the European Union Withdrawal Act (c. 16)
( Withdrawal Act ).
These regulations make transitional and savings provisions in relation to those repeals.
These consequential repeals are needed to remove redundant provisions following the
coming into force of various provisions of the Withdrawal Act via the ˜European
Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions)
Regulations 2018/808'.
These regulations also make consequential amendments to the Statutory Instruments
Act 1946 (c. 36); the Laying of Documents before Parliament (Interpretation) Act
1948 (c. 59); and The Statutory Rules (Northern Ireland) Order 1979/1573 (N.I. 12) to
reflect the introduction of a new category of retained direct EU law  into the UK
legal system. These amendments ensure that the normal rules on making secondary
legislation and on laying documents before parliament apply to powers and duties
contained in retained direct EU legislation. These amendments also provide that
normal rules on making secondary legislation apply to instruments made under
powers contained in regulations made under the Withdrawal Act.
These consequential amendments are needed to make it clear that new powers and
duties in retained direct EU legislation and new powers in regulations made under the
Withdrawal Act fit in with our existing legal frameworks.

Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018

19/07/2018

Infrastructure

These Regulations ensure that following the withdrawal of the United Kingdom from the European Union the existing requirements for professional drivers of lorries and buses to obtain a certificate of professional competence  will continue to operate in the UK. Currently such professional drivers, with some exceptions, must pass an initial CPC test (unless they have acquired rights), valid for five years, and undergo 35 hours of periodic training every five years.

Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018

23/07/2018

Economy

The Feed-in Tariff (FIT) and Contracts for Difference (CFD) schemes support the
deployment of low-carbon electricity generation in GB. Both schemes are funded
through a compulsory levy on electricity suppliers in proportion to their share of the
GB supply market.
The relevant legislation sets out certain criteria which electricity supplied in GB must
satisfy in order to be excluded for the purposes of calculating an individual supplier's
liability in respect of the costs of the schemes (subject in each case to a cap on the
total amount of electricity capable of being excluded for these purposes). In the case
of both schemes one of those requirements is for the electricity to be generated in a
member State of the European Union ˜other than the United Kingdom'. The UK ceasing to be a member State of the European Union will result in references to the UK as a ˜member State' being out of date.This instrument amends the relevant legislation to remove what would otherwise be
outdated references to the UK as a member State of the European Union. These
Regulations do not alter the operation of the FIT or CFD schemes or the means by
which they are funded and do not impose any new liabilities or obligations on any
relevant persons.

Seal Products (Amendments) (EU Exit) Regulations 2018

24/07/2018

DAERA

The Seal Products (Amendments) (EU Exit) Regulations 2018 are being made under
section 8(1) of, and Paragraph 21(b) of Schedule 7 to, the European Union
(Withdrawal) Act 2018 to amend retained EU legislation and existing United
Kingdom legislation in order to ensure that the ban on imports of seal products from
commercial hunts will continue to operate effectively after we leave the EU. The minor and technical changes made by the instrument are necessary to ensure that
retained EU legislation and the domestic EU legislation enforcing it continues to
operate effectively. The changes made to ensure that it operates effectively include
the removal of references to the EU , Union  and the Commission  and replaced
with the United Kingdom  and the Secretary of State . It also removes references
to ensuring free movement within the EU (which will no longer be relevant),
Member State requirements to lay down rules for enforcement (which the UK already
has in place in domestic legislation), and requirements to report to, or notify the EU
Commission of, information on actions taken to implement the EU legislation in the
UK.

Public Lending Right Scheme 1982 (Amendment) (EU Exit) Regulations 2018

13/08/2018

Communities

This instrument amends the Public Lending Right Scheme ( the Scheme ). The Scheme confers on authors a right to receive payments from a central fund based on the number of times their books are lent out by public libraries (known as the Public Lending Right ). The purpose of this amendment is to maintain the status quo and ensure authors resident in the United Kingdom will continue to be eligible to register for the Public Lending Right, as well as residents of a European Economic Area ( EEA ) State, following the United Kingdom's exit from the European Union ( EU ).

Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018

31/08/2018

Economy

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. The GOO Regulations provide for the Gas and Electricity Markets Authority (in Great
Britain) and the Northern Ireland Authority for Utility Regulation (in Northern
Ireland) to issue guarantees of origin ( GOOs ) in respect of renewable electricity
generated in the UK, when requested to do so by generators. The GOO Regulations
also require public bodies in Great Britain and in Northern Ireland (1) to recognise
GOOs issued in both part of the UK and GOOs issued in other member States of the
EU ( EU GOOs ) unless the public body is requested not to do so by the issuing
authority or is satisfied that there is a good reason to doubt the accuracy, reliability or
veracity of the GOO; (2) to notify the European Commission if the public body
decides not to recognise a EU GOO; and (3) to comply with Commission decisions
about whether an EU GOO should be recognised. 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 should be made clear in
the GOO Regulations.

Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018

05/09/2018

Economy

This instrument partially amends four EU Regulations relating to electricity and gas to
correct deficiencies arising from the United Kingdom's exit from the EU. It amends
provisions of each Regulation which confer powers on the European Commission to
make tertiary legislation, substituting powers for authorities in the United Kingdom to
make regulations by statutory instrument.

Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

13/09/2018

Justice

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 30 June 2005 on Choice of Court Agreements (the 2005 Hague
Convention). The 2005 Hague Convention aims to ensure the effectiveness of choice
of court agreements made between parties to international commercial contracts.
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
2005 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 2005 Hague Convention by virtue of EU
membership, the EU itself having concluded the Convention in 2015 and thus being a
Contracting Party. UK participation will therefore cease on Exit.
As explained in the Government's ˜Providing a cross-border civil judicial
cooperation framework “ A future partnership paper' (August, 2017), the UK
remains committed to continuing to participate in the 2005 Hague Convention after
the UK leaves the EU.
This SI is required as part of the UK's overall preparations to achieve full independent
contracting party status to the 2005 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 2005 Hague Convention on the recognition of
exclusive choice of court agreements can work effectively between the UK and all the existing contracting parties to this Convention including the EU, Denmark,
Montenegro, Mexico and Singapore. It will also ensure that the UK can operate the
2005 Hague Convention with any future contracting parties to this Convention.

International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

13/09/2018

Justice

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.
As explained in the Government's ˜Providing a cross-border civil judicial
cooperation framework “ A future partnership paper' (August 2017), the UK remains
committed to continuing to participate in the 2007 Hague Convention after the UK
leaves the EU. 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 (including for child
maintenance) 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.

Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018

18/09/2018

Infrastructure

The European Union (EU) has regulated in many areas of maritime policy and where
necessary the United Kingdom has introduced legislation to give effect to such EU
measures. This instrument makes a number of changes designed to ensure that
relevant UK secondary legislation continues to operate effectively and does not
contain provisions which are no longer required once the UK leaves the EU. The
instrument also revokes a number of EU Regulations and Decisions which would no
longer have any practical impact in the UK after exit. The instrument also uses powers in section 2(2) of the European Communities Act
1972 (c. 68) to correct outdated references to the European Economic Area in several
pieces of secondary legislation. The updated definition will accord with the definition
in the Interpretation Act 1978 (as amended).

Animals (Scientific Procedures) Act 1986 (EU Exit) Regulations 2018

01/10/2018

DAERA

These regulations amend the Animals (Scientific Procedures) Act 1986 to ensure a
seamless animals in science regulatory system, following the UK's withdrawal from
the European Union. Mandatory requirements for the UK to provide information or
assistance to the European Commission or Member States are cancelled.
These regulations do not create any new requirements for those that operate under
ASPA, nor will they create any new functions for the Home Office animals in science
regulator.

Trailer Registration Regulations 2018

09/10/2018

Infrastructure

This instrument establishes a registration scheme for trailers and creates offences
relating to that scheme. It provides for registration applications, the issuing of
registration documents, the display of registration marks and related matters. It also
prohibits the use of trailers in certain categories on journeys to or through foreign
countries that have ratified the 1968 Convention on Road Traffic unless registered.

Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2018

10/10/2018

Economy

This instrument: a) revokes Regulation (EC) No 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws ( the CPC Regulation ); and b)amends Part 8 (enforcement of certain consumer legislation) of the Enterprise Act 2002 ( the 2002 Act ) and Schedule 5 (investigatory powers etc.) to the Consumer Rights Act 2015 ( the 2015 Act ).

Rail Passengers' Rights and Obligations (Amendment) (EU Exit) Regulations 2018

10/10/2018

Infrastructure

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, the Rail
Passengers' Rights and Obligations Regulations 2010, the Rail Passengers' Rights
and Obligations (Exemption) Regulations 2014 and the Rail Passengers Rights and
Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017.

Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (Amendment) (EU Exit) Regulations

17/10/2018

Economy

This instrument amends the Guarantees of Origin of Electricity Produced from High efficiency Cogeneration Regulations 2007 and the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (together, the GOO Regulations ) in consequence of the United Kingdom's withdrawal from the EU. 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 GOOs in respect of electricity from high-efficiency cogeneration in the UK, when requested to do so. Public bodies in Great Britain and Northern Ireland are required to recognise guarantees of origin issued in both parts of the UK, and those issued in accordance with the Energy Efficiency Directive by EU Member States, unless requested not to by the issuing body or where satisfied that there is good reason to doubt the accuracy, reliability or veracity of the GOO. Where a public body decides not to recognise a GOO issued in a Member State, the public body must notify the European Commission and in the event of a refusal the Commission may require the public body to recognise it, under Article 14(10) of the Energy Efficiency Directive. When the United Kingdom leaves the EU, it will no longer be appropriate for the European Commission to be able to require public bodies in the United Kingdom to recognise GOOs issued in EU Member States. This instrument gives effect to this.

Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018

17/10/2018

Communities

These instruments update out-of-date cross-references to European Union ( ˜EU')
legislation, and ensure that cross-references to EU legislation are up to date on exit
day before the European Communities Act 1972 is repealed by the European Union
(Withdrawal) Act 2018. These updates will ensure these cross references then point
to the retained version of the EU law pursuant to the European Union (Withdrawal)
Act 2018.
This updating of cross references ensures the UK fulfils its current duty of sincere cooperation,
and also ensures that retained EU law functions correctly following the
UK's exit from the European Union.

Social Security (Updating of EU References) (Amendment) Regulations 2018

17/10/2018

Communities

These instruments update out-of-date cross-references to European Union ( ˜EU')
legislation, and ensure that cross-references to EU legislation are up to date on exit
day before the European Communities Act 1972 is repealed by the European Union
(Withdrawal) Act 2018. These updates will ensure these cross references then point
to the retained version of the EU law pursuant to the European Union (Withdrawal)
Act 2018.
This updating of cross references ensures the UK fulfils its current duty of sincere cooperation,
and also ensures that retained EU law functions correctly following the
UK's exit from the European Union.

Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2018

22/10/2018

Justice

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.

Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018

22/10/2018

Economy

The 2010 Regulations simplified and expanded measures regulating the sale,
marketing and content of timeshare contracts to better protect consumers. The
Regulations also extended the scope of consumer protections to encompass new
timeshare products emerging on the market as well as the resale of timeshares. The
2010 Regulations apply to holiday accommodation contracts, including timeshare
contracts. Traders are required to provide consumers with key information before
entering into a contract and the contract itself must comply with certain formalities.
The 2010 Regulations also provide consumers with rights to withdraw from and
terminate contracts.

Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018

24/10/2018

Infrastructure

This instrument uses powers in the European Union (Withdrawal) Act 2018 to make
necessary changes, which arise as a result of the UK leaving the European Union, in
the following pieces of legislation:
The main part of this instrument amends the following:
¢ The Town and Country Planning (Environmental Impact Assessment)
Regulations 2017, S.I. 2017/571
¢ The Infrastructure Planning (Environmental Impact Assessment) Regulations
2017, S.I. 2017/572
¢ The Environmental Assessment of Plans and Programmes Regulations 2004,
S.I. 2004/1633 ( SEA Regulations )
The instrument also contains amendments to:
¢ The Town and Country Planning Act 1990
¢ The Planning and Compulsory Purchase Act 2004
¢ The Planning Act 2008
The instrument (in regulations 2(3) and 5(3)(a)) also uses section 2(2) of the European
Communities Act 1972 to update references. The amendment in regulation 2(3)
reflects an amendment to Directive 2008/98/EC of the European Parliament and of the
Council on waste. The amendment in regulation 5(3)(a) replaces an out of date
reference in regulation 3 of the SEA Regulations to Council Directive 85/337/EEC
with Directive 2011/92/EU of the European Parliament and of the Council on the
assessment of the effects of certain public and private projects on the environment.
These provisions come into force before exit day.

Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018

29/10/2018

Economy

This instrument: a)makes amendments to EU derived consumer protection legislation which are necessary as a result of the decision to leave the European Union. This is to ensure that the legislation continues to operate effectively at the point the United Kingdom withdraws from the European Union; b)revokes the EU Online Dispute Resolution Regulation; c)makes amendments to EU derived consumer protection legislation to replace obsolete cross-references to EU law. These out-dated references were in place before the decision to leave the European Union and correcting them now ensures that the law will function properly after exit day.

Inquiries and Coroners (Amendment) (EU Exit) Regulations 2018

29/10/2018

Justice

This instrument amends references to obligations  and enforceable obligations  under EU law in the Inquiries Act 2005 and the Coroners and Justice Act 2009, and amends references to community obligations  in the Coroners Act (Northern Ireland) 1959, to ensure reference is now made to retained EU obligations  and to retained enforceable EU obligations  following the United Kingdom's withdrawal from the European Union. It also amends s43 of the Inquiries Act 2005 to provide a definition of ˜retained enforceable EU obligation' for the purposes of this SI with reference to the European Union (Withdrawal) Act 2018.

Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2018

29/10/2018

Infrastructure

The European Union (EU) has regulated in many areas of maritime policy and, where
necessary, the United Kingdom has introduced legislation to give effect to such EU
measures. The European Union (Withdrawal) Act 2018 ( the Withdrawal Act ) will
retain such legislation in UK law. However, some changes are needed for the
legislation to continue to work as intended. There are also some provisions in the
legislation which the UK's departure from the EU makes redundant.
This instrument deals with legislation related to market access and regulation for
maritime transport services. It revokes legislation which will be redundant after the
UK leaves the EU or which creates rights for the remaining member States which may
not be reciprocated. The legislation that is being revoked would be retained as UK
law by virtue of the Withdrawal Act if no further action was taken.

Package Travel and Linked Travel Arrangements (Amendment) (EU Exit) Regulations 2018

29/10/2018

Economy

The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I.
2018/634) ( the 2018 Regulations ) implement the EU Package Travel Directive
(2015/2302) ( the Directive ). The 2018 Regulations protect consumers buying
package holidays or linked travel arrangements (LTAs) and impose obligations on the
organisers of package holidays ( organisers ) and traders which facilitate LTAs
( traders ): the degree of protection is greater in the case of packages. Those
protections include the provision of information to travellers, so that travellers have
clear information about their package holiday or LTA and their statutory rights, as
well as a requirement that organisers put in place adequate insolvency protection to
cover, in the event of the organiser's or trader's insolvency, the refund of payments
made by or on behalf of passengers and, if necessary, their repatriation. The 2018 Regulations are being changed to make them to work effectively, for the
protection of travellers, after exit. In particular the changes are made because, on EU
exit, the UK, as it ceases to be a Member State to which the Directive applies, will no
longer benefit from the mutual recognition provisions of the Directive. In
consequence, the remaining Member States will no longer be required to recognise
the insolvency protection put in place under the 2018 Regulations by UK organisers /
traders (requiring them to comply, potentially, with multiple regulatory regimes) and
it is also unclear whether the insolvency protection put in place by organisers / traders
established in the remaining EU states will continue to protect UK travellers. As a
result, the Department does not consider it appropriate to continue to recognise the
insolvency protection put in place by traders established in remaining Member States.

Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018

29/10/2018

Justice

This Statutory Instrument revokes Regulation 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (the Service Regulation); and Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (the Evidence Regulation), once they have become retained EU law. It also provides for the cessation of the rights, etc. deriving from the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil and commercial matters (the Denmark Service Agreement) and revokes two Scottish Statutory Instruments relevant to the Service Regulation and two EU Council decisions relevant to the Denmark Service Agreement. It also makes provision for savings and transitional matters.

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

30/10/2018

Infrastructure

The objective of this Statutory Instrument (SI) is to ensure that the Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009 (the 2009 Regulations) continue to work as before after European Union exit day, for example by removing redundant references to the European Commission, removing requirements which involve the European Union and are no longer appropriate, and converting the maximum amounts for HGV time-based road charges and certain limits on HGV distance-based road charges from euros into pounds.

Accounts and Reports (Amendment) (EU Exit) Regulations 2018

31/10/2018

Economy

The purpose of this instrument is to address failures of retained EU law to operate
effectively and other deficiencies arising from the withdrawal of the United Kingdom
from the European Union, in the field of accounts and reports of UK corporate bodies. These Regulations make amendments to legislation in the field of accounts and reports required of certain types of business undertakings, namely companies, building societies, friendly societies, certain types of partnerships, limited liability partnerships and overseas companies (an overseas company is defined in section 1044 of the Companies Act 2006 (c. 46) as a company incorporated outside the United Kingdom).

Schedule 1 makes some minor and technical amendments under section 2(2) of the European Communities Act 1972 (c. 68), updating some cross-references to EU law before exit day.

Schedule 2 amends primary legislation, namely the Companies Act 2006, the Friendly Societies Act 1992 (c. 40) and the Building Societies Act 1986 (c. 53).

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

31/10/2018

Economy

This instrument is being made in order to address deficiencies in retained EU law in relation to the Companies Act 2006 and supporting secondary legislation that arise from the withdrawal of the United Kingdom from the European Union (this instrument does not directly address deficiencies in the area of accounting and audit which are being amended in separate instruments). It will ensure that the UK's company law framework will be able to function effectively, providing clarity and a smooth transition for business on and after exit day.

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

31/10/2018

Economy

This instrument is being made under section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law and other deficiencies. It will ensure that any European Economic Interest Grouping ( EEIG ) registered in the UK immediately before exit day has a clear legal identity and can operate effectively on and after that day.

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

31/10/2018

Economy

This instrument is being made using powers in the European Union (Withdrawal) Act
2018 in order to address failures of retained EU law and other deficiencies arising
from the withdrawal of the United Kingdom from the European Union. It will ensure
that European Public Limited-Liability Companies (often referred to by their Latin
name, Societas Europaea (SEs)) registered in the UK on exit day have a clear legal
identity and a domestic framework within which to operate.

Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

31/10/2018

Communities

These instruments amend or remove provisions (e.g. descriptions, references) in the
UK's social security legislation which will be deficient or inoperable following the
United Kingdom's withdrawal from the European Union ( ˜EU'). They also amend the
Social Security Administration Act 1992 to make necessary consequential changes to
the power to implement reciprocal agreements. These are technical amendments in
order to reflect the UK's position as an independent state of the EU.
The Northern Ireland regulations make corresponding amendments to analogous
Northern Ireland legislation.

Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2018

01/11/2018

DAERA

This instrument amends legislation relating to fertilisers, addressing failures of
retained EU law to operate effectively and other deficiencies arising from the
withdrawal of the United Kingdom ( UK ) from the European Union ( EU ). They
also in part amend domestic legislation that is out of date.

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

01/11/2018

Health/FSA

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 instrument is made under powers in
the European Union (Withdrawal) Act 2018.
As a responsible government, we will continue to proportionately prepare for all
scenarios, including the unlikely outcome that we leave the EU without any deal in
March 2019. This purpose of this Statutory Instrument is to ensure that, in the
unlikely scenario that the UK leaves the EU with no deal, there will continue to be a
functioning statute book on exit day which maintains continuity in relation to tobacco
control policy and legislation.

Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2018

06/11/2018

Economy

This instrument is primarily being made using various powers in the European Union
(Withdrawal) Act 2018 as well as other domestic powers in the Companies Act 2006,
the Companies (Audit Investigations and Community Enterprise) Act 2004, the
Limited Liability Partnerships Act 2000 and the European Communities Act 1972. It
addresses failures of retained EU law to operate effectively and other deficiencies
arising from the withdrawal of the United Kingdom (UK) from the European Union
(EU). It will ensure that the framework for the regulatory oversight and professional
recognition of statutory auditors and third country auditors in the UK works
effectively following the UK's withdrawal from the EU.

Exotic Disease (Amendment etc) (EU Exit) Regulations 2018

07/11/2018

DAERA

This instrument is being made using powers in the European Union (Withdrawal) Act
2018 in order to address deficiencies and failures of retained direct EU legislation
relating to exotic notifiable disease in livestock to ensure such legislation is fully
operable and operates effectively after the United Kingdom leaves the European
Union. A notifiable disease is one where owners and their veterinarians are obliged to
notify the Department of suspicion of the relevant disease.

Control of Mercury (Amendment) (EU Exit) Regulations 2018

08/11/2018

DAERA

This instrument amends Regulation EU 2017/852 of the European Parliament and of
the Council on mercury, and repealing Regulation (EC) No 1102/2008 to enable its
continued operability as retained EU law under the European Union (Withdrawal) Act
2018, following the UK's withdrawal from the European Union.
There are corrections to some provisions of the EU legislation relating to legislative
functions which will be made in a subsequent statutory instrument.

Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018

08/11/2018

DAERA

The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 make the necessary corrections to ensure the Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants functions once we leave the EU. This will maintain the operability of regulations which implement the Stockholm Convention through the elimination and restriction of the use of chemicals that have been internationally recognised as toxic, persistent, bio-accumulative and highly mobile. It also amends regulation No. 3106 Persistent Organic Pollutants 2007, to enable it to continue to operate following the UK's Exit from the European Union. There are corrections to some provisions of the EU legislation relating to legislative functions which will be made in a subsequent statutory instrument.

European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

09/11/2018

Justice

This instrument revokes the following three Regulations once they have become retained EU law, and variously amends and revokes related EU amending measures and domestic legislation: Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (the EEO Regulation); Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (EOP Regulation); and Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (ESCP Regulation)

Provision of Services (Amendment) (EU Exit) Regulations 2018

12/11/2018

Economy

The Provision of Services Regulations (Amendment etc.) (EU Exit) Regulations 2018
amends the Provision of Services Regulations 2009. In addition, this Statutory
Instrument revokes parts of the Provision of Services (Insolvency Practitioners)
Regulations 2009 and the Provision of Services (Insolvency Practitioners)
Regulations (Northern Ireland) 2009, and makes amendments to the Insolvency
Practitioner Regulations 2005 and the Insolvency Practitioner Regulations (Northern
Ireland) 2006. It revokes Commission Decision 2009/739/EC. These changes are
being made in order to address deficiencies arising as a result of the UK's withdrawal
from the EU.

Animal Welfare (Amendment) (EU Exit) Regulations 2018

13/11/2018

DAERA

The purpose of the Animal Welfare (Amendment) (EU Exit) Regulations 2018 is to ensure that three pieces of direct EU legislation will be fully operable when the UK leaves the EU. The instrument concerns animal welfare which as a devolved matter and is implemented and enforced by EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 and relates to the protection of the welfare of animals whilst being transported, kept at control posts or at the time of their killing. This instrument will enable this retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union.

Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2018

14/11/2018

DAERA

This instrument uses the power in section 8 of the European Union (Withdrawal) Act 2018 to make necessary changes, which arise as a result of the UK leaving the EU, to domestic legislation which governs the process for Environmental Impact Assessment (EIA). It will specifically make amendments to the five EIA regulations covering the following Defra policy areas: land drainage improvement works, forestry, water resources, agriculture and marine works. The principal regulations being amended by this instrument include: . The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999; . The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999; . The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003; . The Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006; and . The Marine Works (Environmental Impact Assessment) Regulations 2007.

Livestock (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018

14/11/2018

DAERA

To ensure that retained EU legislation on the identification and registration of
livestock will continue to be operable in the UK after the UK leaves the EU. To ensure that these species are traceable for the purposes of disease control the relevant EU law sets out how these species must be identified, what records their
keepers must maintain, how they must report their animal's movements, and how
central competent authorities must record this information on central databases.Minor and technical changes made by the instrument are necessary to ensure that the retained EU legislation continues to operate effectively. The changes made to ensure
that it operates effectively include the removal of references to the EU , Union  and
the Commission  and their replacement with terms such as the United Kingdom 
and the Appropriate Minister . It also removes references to requirements to report
to, or notify to the EU Commission information on actions taken to implement the EU
legislation “ such as the results of on farm compliance inspections.

Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018

15/11/2018

DAERA

The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 is being made under section 8(1) of the European Union (Withdrawal) Act 2018 to amend retained EU legislation and existing United Kingdom legislation. This instrument ensures that EU and UK legislation establishing the regime that controls and enforces the movement, release and marketing of genetically modified organisms will continue to be operable when the UK leaves the European Union.

Nagoya Protocol (Compliance) (Amendment) (EU Exit) 2018

15/11/2018

DAERA

The purpose of the Nagoya Protocol (Compliance) (Amendment) (EU Exit)
Regulations 2018 is to ensure that regulations in the UK which implement the Nagoya
Protocol on access to genetic resources and the fair and equitable sharing of benefits
arising from their utilisation, will continue to be operable after the UK leaves the EU.

Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

15/11/2018

Economy

The Instrument will fix certain provisions that would not work or remain appropriate ˜post-exit' within nine sets of existing legislation in relation to: (i) onshore and offshore oil and gas licensing; (ii) offshore oil and gas developments including pipe-lines; (iii) onshore pipe-lines; (iv) major offshore and onshore electricity works developments (i.e. generation stations and overhead lines); and (v) the stockholding of oil.

Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2018

16/11/2018

Justice

The Mediation Directive seeks to harmonise certain aspects of mediation in relation to EU cross-border disputes, with the aim of promoting its use in those EU cross-border disputes. A cross-border dispute can be a dispute between people who are domiciled or habitually resident in two or more different Member States (for example, contract, debt, contact with children) or it can be a dispute where the judicial proceedings or arbitration following mediation between the parties are started in a Member State other than one where the parties are domiciled or habitually resident. For the purposes of the Mediation Directive, Denmark is not included in the term Member State .

Blood Safety and Quality (Amendment) (EU Exit) Regulations 2019

19/11/2018

Health/FSA

This instrument amends the Blood Safety and Quality Regulations 2005 (S.I.2005/50)
which operates in the field of blood and blood component safety and quality. It is
made in exercise of the powers in the European Union (Withdrawal) Act 2018 to
ensure the Blood Safety and Quality Regulations 2005 operate as intended following
the withdrawal of the United Kingdom (UK) from the European Union (EU), if the
UK leaves the EU in March 2019 with no agreement in place.
Withdrawal from the EU without a deal would mean that the law in this area will no
longer work as it is intended to. This is because it contains a number of references
that will no longer be appropriate, such as references to obligations that UK is
required to comply with as an EU Member State.
As blood is a devolved competence, the legislation is being made on a UK-wide basis
with the agreement of each of the Devolved Administrations (DAs) and will ensure
continuity of the UK regulatory framework for the safety and quality of blood.

Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019

19/11/2018

Health/FSA

The three Statutory Instruments (SIs) on the safety of organs, tissues and cells, and
reproductive cells (gametes and embryos) for treating patients are ˜no deal' SIs. They
have been developed as part of contingency planning and will be needed in the event
that the United Kingdom (UK) leaves the European Union (EU) in March 2019 with
no agreement in place; i.e. a ˜no deal' scenario.
Withdrawal from the EU without a deal would mean that the law in this area will no
longer work as it is intended to. This is because it contains a number of references
that will no longer be appropriate, such as references to obligations that the UK is
required to comply with as an EU Member State. Additionally, as the UK and EU
Member States will consider each other to be third countries, amendments have been
made to reflect this.
The SIs are being made under powers in the European Union (Withdrawal) Act 2018
(referred to here as the EU (Withdrawal) Act). There are three separate SIs:
¢ the Human Tissue (Quality and Safety for Human Application) (Amendment)
(EU Exit) Regulations 2019 “ referred to here as the ˜Tissues and Cells SI';
¢ Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations
2019 “ referred to here as the ˜HFE SI'; and
¢ the Quality and Safety of Organs Intended for Transplantation (Amendment)
(EU Exit) Regulations 2019 “ referred to here as the ˜Organs SI'.

The SIs are being made on a UK-wide basis. The Tissues and Cells and Organs SIs
are being made with the agreement of each of the Devolved Administrations (DAs)
and the HFE SI is reserved to Westminster.
The SIs have been drafted separately as each amends different underlying legislation.
The purpose of the SIs is to ensure that, in the unlikely scenario that the UK leaves the
EU with no deal, the law in this area will still function properly and the UK regulatory
framework for the safety and quality of organs and tissues and cells (including
reproductive cells) is maintained.
It is proposed that these SIs should be grouped and debated together.

Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019

19/11/2018

Health/FSA

The three Statutory Instruments (SIs) on the safety of organs, tissues and cells, and reproductive cells (gametes and embryos) for treating patients are ˜no deal' SIs. They have been developed as part of contingency planning and will be needed in the event that the United Kingdom (UK) leaves the European Union (EU) in March 2019 with no agreement in place; i.e. a ˜no deal' scenario. Withdrawal from the EU without a deal would mean that the law in this area will no longer work as it is intended to. This is because it contains a number of references that will no longer be appropriate, such as references to obligations that the UK is required to comply with as an EU Member State. Additionally, as the UK and EU Member States will consider each other to be third countries, amendments have been made to reflect this. The SIs are being made under powers in the European Union (Withdrawal) Act 2018 (referred to here as the EU (Withdrawal) Act). There are three separate SIs: ¢ the Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019 “ referred to here as the ˜Tissues and Cells SI'; ¢ Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019 “ referred to here as the ˜HFE SI'; and ¢ the Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019 “ referred to here as the ˜Organs SI'. The SIs are being made on a UK-wide basis. The Tissues and Cells and Organs SIs are being made with the agreement of each of the Devolved Administrations (DAs) and the HFE SI is reserved to Westminster. The SIs have been drafted separately as each amends different underlying legislation. The purpose of the SIs is to ensure that, in the unlikely scenario that the UK leaves the EU with no deal, the law in this area will still function properly and the UK regulatory framework for the safety and quality of organs and tissues and cells (including reproductive cells) is maintained. It is proposed that these SIs should be grouped and debated together.

Insolvency (Amendment) (EU Exit) Regulations 2018

19/11/2018

Economy

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(b) to (d)) arising from the withdrawal of the United Kingdom from the European Union. These Regulations make amendments to legislation in the field of cross-border insolvency. These Regulations also contain minor amendments to the Insolvency (Northern Ireland) Order 1989 and to employment legislation in Northern Ireland bringing that legislation into line with EU law. These amendments are made under section 2(2) of the European Communities Act 1972 (c. 21) ( the ECA ) and come into force on the day after these Regulations are made.

The EU Regulation on insolvency proceedings ((EU) 2015/848) ( the EUIR ) determines in which member State main insolvency proceedings may be opened and provides that decisions opening proceedings are to be recognised in other member States. Main proceedings may only be opened in the state where the centre of the debtor's main interests, or COMI, is located. Secondary proceedings may be brought in a state where the debtor has an establishment. The EUIR makes other provisions to facilitate the operation of cross-border insolvency proceedings including for co-operation between courts and insolvency practitioners.

These Regulations address the deficiencies that will arise from the absence of mutual application of the EUIR. It is not appropriate to continue to apply the EUIR unilaterally in respect of EU proceedings when member States will not apply the Regulation to UK proceedings. There is however a saving and transitional provision in regulations 4 and 5 which continues to apply the EUIR, the previous EU insolvency regulation and the associated domestic law where main proceedings have been opened before exit day. The court may decide not to apply these Regulations in the circumstances set out in regulation 5.

Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019

19/11/2018

Health/FSA

The three Statutory Instruments (SIs) on the safety of organs, tissues and cells, and reproductive cells (gametes and embryos) for treating patients are ˜no deal' SIs. They have been developed as part of contingency planning and will be needed in the event that the United Kingdom (UK) leaves the European Union (EU) in March 2019 with no agreement in place; i.e. a ˜no deal' scenario. Withdrawal from the EU without a deal would mean that the law in this area will no longer work as it is intended to. This is because it contains a number of references that will no longer be appropriate, such as references to obligations that the UK is required to comply with as an EU Member State. Additionally, as the UK and EU Member States will consider each other to be third countries, amendments have been made to reflect this. The SIs are being made under powers in the European Union (Withdrawal) Act 2018 (referred to here as the EU (Withdrawal) Act). There are three separate SIs: ¢ the Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019 “ referred to here as the ˜Tissues and Cells SI'; ¢ Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019 “ referred to here as the ˜HFE SI'; and ¢ the Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019 “ referred to here as the ˜Organs SI'. The SIs are being made on a UK-wide basis. The Tissues and Cells and Organs SIs are being made with the agreement of each of the Devolved Administrations (DAs) and the HFE SI is reserved to Westminster. The SIs have been drafted separately as each amends different underlying legislation. The purpose of the SIs is to ensure that, in the unlikely scenario that the UK leaves the EU with no deal, the law in this area will still function properly and the UK regulatory framework for the safety and quality of organs and tissues and cells (including reproductive cells) is maintained. It is proposed that these SIs should be grouped and debated together.

Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2018

19/11/2018

Infrastructure

The European Union (Withdrawal) Act 2018 will convert the text of directly
applicable EU legislation into domestic instruments. This instrument amends the
retained direct EU legislation Regulation (EU) No 181/2011 concerning the rights of
passengers in bus and coach transport, and associated domestic implementing
regulations, to deal with deficiencies which would otherwise exist once the UK leaves
the EU. It provides for the existing legal regime concerning bus and coach passenger
rights (such as accessibility, and compensation for delays or cancellations) to continue
to operate in substantially the same manner after as before exit day.

Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2018

20/11/2018

DAERA

The purpose of these Regulations is to ensure that direct EU legislation regarding equine identification and retained by section 3 of the EU (Withdrawal) Act 2018 remains operable once the UK leaves the EU. The current system of equine identification is set out in EU legislation, primarily by Commission Implementing Regulation (EU) 2015/262 (Equine Passport Regulation). The aim is to retain a robust system of equine identification to support high standards of equine biosecurity, enforcement, food safety, fraud prevention, welfare and international trade.

Marine Environment (Amendment) (EU Exit) Regulations 2018

20/11/2018

DAERA

This instrument is made in exercise of the powers conferred by section 8(1) of, and
paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to
ensure that UK and EU legislation relating to the marine environment, in particular
marine strategy, will continue to be operable after the UK leaves the EU.

Organic Products (Amendment) (EU Exit) Regulations 2018

20/11/2018

DAERA

This instrument amends legislation relating to organic products, addressing failures of
domestic legislation and other deficiencies arising from the withdrawal of the United
Kingdom ( UK ) from the European Union ( EU ). The instrument does not make
substantive changes to policy.
Separate instruments relating to organic products will be introduced to address failures
of retained EU law to operate effectively arising from the withdrawal of the UK from
the EU.

Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018

20/11/2018

DAERA

The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations
2018 amend retained EU law which protects human health against zoonotic disease
(in particular, salmonella) so that it will continue to be operable after the UK leaves
the EU. Zoonotic diseases are those that may transfer from animals to humans.

Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations 2018

21/11/2018

DAERA

This instrument amends three separate domestic regulations, and revokes one, relating
to the implementation of the European Union ( EU ) Common Agricultural Policy
( CAP ) and also amends one Order concerned with the Agriculture and Horticulture
Development Board ( AHDB ), in order to address operability issues created by the
UK leaving the EU. The amendments will ensure this legislation continues to operate
effectively after EU Exit.

Services of Lawyers and Lawyer's Practice (Revocation etc.) (EU Exit) Regulations 2019

21/11/2018

Justice

The purpose of this instrument is to end the preferential practising rights of EU and
EFTA lawyers in England and Wales and Northern Ireland. These are provided by a
reciprocal European framework consisting of Directives and implementing legislation.
The Directives will cease to apply to the UK on EU Exit and the reciprocity on which
they depend will accordingly cease. Our instrument will, therefore, revoke the
implementing legislation, thereby realigning the position of EU and EFTA lawyers
with other third country  lawyers. This is subject to transitional provision, to give
certain EU and EFTA lawyers the time to make the necessary changes to their practice
or business structure to comply with the new regulatory framework.

Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

22/11/2018

DAERA

This instrument amends retained direct EU legislation relating to air quality, to ensure that it continues to operate effectively following withdrawal of the United Kingdom from the European Union (EU). This includes addressing deficiencies, such as references to EU authorities (e.g. the Commission) being replaced with domestic equivalents (e.g. Secretary of State). The amendments made by this instrument do not change the substantive requirements of the legislation.

CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

22/11/2018

Economy

The purpose of this statutory instrument is to amend the CRC Energy Efficiency Order 2013 (S.I. 2013/1119) as amended by various instruments, and as saved by the provisions of S.I. 2018/841 ( the CRC Order ) to address legal inoperabilities that arise from the withdrawal of the United Kingdom from the European Union taken together with the operation of other provisions made under the European Union (Withdrawal) Act 2018.

Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019

22/11/2018

Justice

The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2018 ( the Criminal Justice SI  or the SI ) are made using powers in the European Union (Withdrawal) Act 2018 ( the Act ). Its purpose is to address failures in retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom (UK) from the European Union (EU) by amending the domestic legislation which implemented five EU criminal justice measures.

Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

22/11/2018

Economy

The purpose of this statutory instrument is to amend the Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643 as amended, ˜the ESOS Regulations') to address deficiencies that arise from the withdrawal of the United Kingdom from the European Union taken together with the operation of other provisions made under the European Union (Withdrawal) Act 2018.

Transmissible Spongiform Encephalopathies and Animal By-Products (Amendment etc.) (EU Exit) Regulations 2018

22/11/2018

DAERA

The purpose of this EU exit instrument is to ensure that five pieces of direct EU legislation will be fully operable when the UK leaves the EU. It relates to animal disease prevention which is a devolved matter and is implemented and enforced by similar EU-derived domestic legislation in each constituent nation of the UK. The retained direct EU legislation is being amended using powers contained in the EU (Withdrawal) Act 2018 (the Withdrawal Act ) and relates to the control and eradication of transmissible spongiform encephalopathies (TSEs) and to the use, disposal, placing on the market and import of animal by-products (ABPs). This instrument will enable the retained direct EU legislation to operate effectively immediately after the UK's exit from the European Union.

European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 2018

26/11/2018

Executive Office

This statutory instrument revokes, amends or makes savings in respect of Directly Effective Treaty Rights arising from Articles of the Treaty on the Functioning of the European Union and its Protocols. It also makes amendments or revocations in respect of retained direct EU law which relates to the functioning of institutions and bodies of the European Union and the application of its rules in EU legislation. This is to help make the UK state book coherent, to facilitate the smoothest possible transition and to ensure the UK's legal system effectively functions after exit day, in a no deal scenario.

Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residues Limits) (Amendment etc) (EU Exit) Regulations 2018

26/11/2018

DAERA

The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residues Limits) (Amendment etc.) (EU Exit) Regulations 2018 amend the Veterinary Medicines Regulations 2013 ( VMR ) and the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 ( Residues Regulations ) and amend and revoke relevant retained direct EU legislation to ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the UK leaves the EU.

Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2018

27/11/2018

DAERA

The EU's Common Fisheries Policy ( CFP ) regulates fishing activities and the enforcement of those activities in UK waters. The CFP comprises numerous EU Regulations which will automatically be transferred into UK law on exit day, by virtue of the European Union (Withdrawal) Act 2018, and will have the status of ˜retained direct EU legislation'. These EU Regulations require amendment in order to operate effectively in UK law after the UK has exited from the European Union, and therefore the CFP. This instrument uses the powers in section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 to make the necessary amendments.

Renewables Obligation (Amendment) (EU Exit) Regulations 2018

27/11/2018

Economy

This instrument is being made under the European Union (Withdrawal) Act 2018 in
order to make minor and technical changes to UK secondary legislation relating to the
Renewables Obligation (RO) scheme for England and Wales, for Scotland and for
Northern Ireland, to correct deficiencies arising from the withdrawal of the UK from
the European Union.

Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2018

28/11/2018

Infrastructure

This instrument makes the changes needed to retained EU legislation on air passenger
rights. These changes ensure that the legislation continues to function correctly after
the UK has left the EU and provides continuity for passengers in terms of the
passenger rights and insolvency protection regime that applies in relation to air travel.
It also ensures that the scope of the enforcement regime in place is consistent with the
scope of the retained EU legislation. In addition, the instrument amends domestic
legislation made to implement mutual recognition of insolvency protection regimes
for package travel between EU Member States under the EU Package Travel
Directive. This reflects that, in a no-deal scenario, the UK's insolvency protection
regime may not be recognised by EU Member States.

Civil Legal Aid (Amendment) (EU Exit) Regulations 2019

28/11/2018

Justice

The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019 make regulations
under the European Union (Withdrawal) Act 2018 (the Withdrawal Act ). This
instrument makes provision in relation to civil legal aid in England and Wales and
Northern Ireland. It repeals the domestic legislation implementing the EU Legal Aid
Directive 2003/8/EC to improve access to justice in cross-border disputes by
establishing minimum common rules relating to legal aid for such disputes (the EU
Legal Aid Directive ). The EU Legal Aid Directive sets requirements for provision of
legal aid in cross-border disputes for individuals domiciled or habitually resident in
EU Member states

Animal Breeding (Amendment) (EU Exit) Regulations 2018

29/11/2018

DAERA

This instrument will ensure that retained direct EU legislation animal breeding legislation remains operable after we leave the EU.

Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018

29/11/2018

DAERA

These instruments amend retained European Union ( EU ) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy ( CAP ). These instruments will address operability issues created by the United Kingdom ( UK ) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit.

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

29/11/2018

Executive Office

The purpose of this instrument is to ensure that the UK statute book accommodates retained EU law , a new body of domestic law introduced by the European Union (Withdrawal) Act 2018, coherently and effectively after the UK's withdrawal from the EU. This instrument amends the Interpretation Act 1978, the Interpretation and Legislative Reform (Scotland) Act 2010 and the Interpretation Act (Northern Ireland) 1954, which set out general rules of interpretation for legislation.

Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2018

29/11/2018

Infrastructure

This instrument amends domestic legislation on the subject of the compulsory use of
seat belts in motor vehicles, to remedy failures of retained EU law to operate
effectively, arising from the withdrawal of the UK from the EU. The amendments
ensure that child restraints and seat belts approved under the law of another EU
member State, and medical certificates issued in other EU member States as
exempting a person from the requirement to wear a seat belt or child restraint,
continue to be recognised for the purpose of the compulsory seat belt wearing
requirements in the UK after the UK leaves the EU. The instrument also amends
existing powers and duties to make subordinate legislation for the purpose of
implementing Council Directive 91/671/EEC of 16 December 1991 on the
approximation of the laws of the member States relating to the compulsory use of
safety belts in vehicles of less than 3,5 tonnes (the seat belt Directive), given that
implementing a Directive will not be a valid purpose after the UK's withdrawal from
the EU.

Protocol 1 to the EEA Agreement (Amendment) (EU Exit) Regulations 2018

29/11/2018

Executive Office

This instrument makes limited technical legal amendments to Protocol 1 to the EEA
Agreement, a mechanism by which EU law is currently applied to and in the EEA
EFTA states. On exit day, Protocol 1 will migrate onto the domestic statute book and
become part of the new body of domestic law known as ˜retained direct EU
legislation' (RDEUL). To make sure that Protocol 1 functions properly after exit, this
instrument makes a number of amendments to it to make clear that Protocol 1 only
applies to the EU law, incorporated into the EEA Annexes, that forms part of
RDEUL; that any obligation owed to or any right conferred on EU Member States,
their public entities, undertakings or individuals, is also owed to or conferred on EEA
EFTA states, their competent authorities, public entities, undertakings or individuals;
and that certain redundant provisions are removed.

Rural Development (Amendment) (EU Exit) Regulations 2018

29/11/2018

DAERA

These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013

Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2018

29/11/2018

DAERA

These instruments amend EU regulation 1305/2013 which provides support for rural development to allow programmes currently funded by the European Agricultural Fund for Rural Development (EAFRD) to continue to operate in the UK after EU exit, for the remainder of the 2014-2020 programme. There are also a number of legacy regulations and implementing decisions associated with EU regulation 1305/2013

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

29/11/2018

Infrastructure

The European Union (Withdrawal) Act 2018 will convert the text of directly
applicable EU legislation into domestic instruments. This instrument ensures that
both converted EU legislation on ship recycling and ship recycling facilities and
existing secondary legislation will remain legally operable when the United Kingdom
(UK) has withdrawn from the EU. The instrument corrects a number of deficiencies
which will arise as a result of EU withdrawal.

The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019

03/12/2018

Communities

These instruments make minor and technical changes to United Kingdom (UK)
pensions legislation to ensure retained European Union (EU) law continues to operate
effectively, and to address other deficiencies arising from the withdrawal of the UK
from the EU.

Fisheries (Amendment) (EU Exit) Regulations 2019

04/12/2018

DAERA

This instrument makes minor technical corrections to primary and secondary domestic
legislation which gives effect to EU measures forming part of the Common Fisheries
Policy (CFP). This will ensure that the legislation continues to operate effectively, so
that fishing continues to be regulated in a sustainable manner after the UK leaves the
EU. This instrument is linked with The Common Fisheries Policy (Amendment etc.)
(EU Exit) Regulations 2018.

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

04/12/2018

Economy

This instrument intends to address deficiencies in the operation of retained European
Union ( EU ) law as provided for by the European Union (Withdrawal) Act 2018.
Specifically, this instrument is intended to remedy deficiencies in:
¢ The Justification of Practices Involving Ionising Radiation Regulations 2004
( the Justification Regulations );
¢ The Radioactive Contaminated Land (Enabling Powers) (England)
Regulations 2005, and The Radioactive Contaminated Land (Modification of
Enactments) (England) Regulations 2006 (together the RCL Regulations );
¢ The Radioactive Contaminated Land Regulations (Northern Ireland) 2006
( the NI RCL Regulations );
¢ The Nuclear Reactors (Environmental Impact Assessment for
Decommissioning) Regulations 1999 ( the EIAD Regulations ).

Environment (Amendment etc.) (EU Exit) Regulations 2019

05/12/2018

DAERA

This instrument ensures that cross-cutting, environmental laws in the United Kingdom
( UK ) function legally after our exit from the European Union ( EU ). It does this
in three ways: (1) by amending cross-cutting, environmental Acts; (2) by amending
cross-cutting, environmental statutory instruments; and (3) by preventing some EU
environmental Regulations and Decisions, which are out-of-date or will have no
further function once we have left the EU, being brought into UK law by the
automatic operation of the EU (Withdrawal) Act 2018 ( EUWA 2018 ); together with
domestic designation orders as regards England and Wales which are redundant in the
light of the amendments to Acts elsewhere in the instrument.

Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

05/12/2018

DAERA

The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019 ensure that
floods and water legislation will continue to be operable in the United Kingdom after
the UK leaves the EU. The instrument addresses deficiencies in retained EU law
arising from the UK's withdrawal from the EU. The purpose of the instrument is to
preserve and protect the existing policy regime rather than to introduce new policy.

Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2018

05/12/2018

DAERA

As a form of intellectual property protection, plant breeders' rights allow businesses to control seed and other propagating material of new varieties, allowing them to recoup the long term investment in their development. This instrument amends existing UK plant variety rights legislation to address deficiencies resulting from the UK's withdrawal from the EU. It revokes the principal EU Regulation (Council Regulation 2100/94) and implementing EU legislation and where appropriate amends domestic legislation to save EU provisions. This instrument gives effect to Community plant variety rights (CPVR), intellectual property rights for new varieties of plants in the EU, in the United Kingdom provided that they were granted up to two months before exit day (and provides for unresolved CPVR applications at exit). It also provides a framework of protection in part through the application of the Plant Varieties Act 1997 (the Act).

Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

06/12/2018

DAERA

The purpose of the Invasive Non-native Species (Amendment etc.) (EU Exit)
Regulations 2019 is to ensure that legislation relating to the prevention and
management of the introduction and spread of invasive non-native species remains
operable after we leave the EU and that the strict protections that are in place for these
species are maintained. This instrument makes corrections to one piece of directly
applicable EU legislation and the implementing and delegated legislation under it, and
also corrects an operability issue in the Destructive Imported Animals Act 1932.
There is no change to policy.

Airports Slot Allocation (Amendment) (EU Exit) Regulations 2019

10/12/2018

Infrastructure

This instrument uses powers in the European Union (Withdrawal) Act 2018 ( the
Withdrawal Act ) in order to address failures in retained EU law, relating to the
allocation of slots at airports in the European Economic Area, to operate effectively
and to correct other deficiencies in that retained law arising as a result of the UK's
exit from the European Union

Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019

10/12/2018

Justice

This instrument, the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit)
Regulations 2019, is made under the European Union (Withdrawal) Act 2018 (the
Withdrawal Act) to ensure a functioning domestic statute book in the event the UK
exits the EU without an agreement in relation to civil judicial cooperation in family
law. The relevant EU family law instruments deal with jurisdiction and recognition in
matrimonial matters of divorce, legal separation or annulment (divorce etc), parental
responsibility (including residence and contact and international child abduction) and
family maintenance matters reciprocally between EU Member States and that
reciprocity will no longer apply between EU Member States and the UK after exit.
This instrument addresses changes required to retained EU law to avoid inappropriate
unilateral UK application of these rules following exit, as well as making provision
for cases which started before exit day.

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

10/12/2018

Justice

The purpose of this instrument is to ensure that the European Union (EU) rules that determine the law applicable to contractual and non-contractual obligations continue to operate effectively in domestic law after the UK's exit from the EU. Those EU rules are contained, in particular, in Regulation (EC) No 593/2008 on the law applicable to contractual obligations ( Rome I ) and Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations ( Rome II ).

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

11/12/2018

Economy

In the event of a disorderly ( ˜No Deal') exit from the European Union, the UK would not have an agreement in place to continue participating in the EU Emissions Trading Scheme (EU ETS). The UK would therefore leave the EU ETS on exit day, making the existing legislation inoperable. The instrument revokes certain provisions that will cease to apply on exit day and amends others so that they will continue to be operable after exit day. This will ensure legal certainty for existing UK participants to the EU ETS in the event of a 'No Deal' exit from the EU. No substantive policy changes have been made in this instrument (this is in line with the powers of section 8 of the EU (Withdrawal) Act 2018). The instrument maintains, and makes technical fixes to, the elements which will continue to be operable, namely the Monitoring, Reporting and Verification (MRV) of greenhouse gas emissions. As well as ensuring transparency over greenhouse gas emissions, MRV will also provide information to allow the implementation of HM Treasury's ˜Carbon Emissions Tax' (announced in the 2018 Autumn Budget). The Tax will temporarily replace the lost EU ETS carbon price in a 'No Deal' scenario, maintaining a carbon pricing policy for industry in an interim period (i.e. from exit day until a long-term alternative is established). However, the substance of this interim carbon pricing policy will be included in a power under the Finance Bill 2018-19, which will be debated by Parliament separately, and does not form part of this instrument. The interim policy is without prejudice to any final decision on the UK's future approach to carbon pricing; the UK is considering a range of options, including continuing to participate in the EU ETS, a UK ETS (linked or standalone) or a carbon tax.

Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019

12/12/2018

Justice

This instrument, the Civil Jurisdiction and Judgments (Amendment) (EU Exit)
Regulations 2019, is made under the European Union (Withdrawal) Act 2018 (the
Withdrawal Act) to ensure a functioning domestic statute book in the event the UK
exits the European Union (EU) without a post-exit agreement on civil judicial
cooperation. It relates to cross-border civil and commercial disputes, specifically
questions about the court in which disputes should be adjudicated and the recognition
and enforcement of judgments. These matters are currently regulated under a series of
EU instruments and treaties collectively known as ˜the Brussels Regime', which
operate in a reciprocal manner between EU Member States, and that reciprocity will
no longer apply in relations between the EU Member States and the UK after exit.
This instrument addresses changes required to retained EU law in order to avoid
inappropriate or unworkable unilateral application of these rules by the UK following
exit, as well as making provision for cases which are ongoing as at exit day. It also
repeals the Decision that currently allows the UK to cooperate on civil and
commercial matters in the European Judicial Network.

Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019

12/12/2018

Justice

This instrument is made under the European Union (Withdrawal) Act 2018 (the
Withdrawal Act) to remedy deficiencies in EU-derived domestic legislation which is
retained EU law within the meaning of that Act. It amends rules on jurisdiction and
repeals rules on recognition for the divorce of same sex couples and the dissolution of
civil partnerships to correspond to the changes being made in relation to opposite sex
married couples by the Jurisdiction and Judgments (Family) (Amendment etc.) (EU
Exit) Regulations 2019. This instrument also amends the powers to make regulations
relating to jurisdiction and recognition to enable the use of the powers after UK exit.

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

12/12/2018

DAERA

This instrument is one of a set of three statutory instruments that will make corrections to the EU plant protection product regulatory regime, so that it can continue to operate effectively after the United Kingdom (UK) leaves the European Union (EU). This instrument makes amendments to secondary legislation relating to that regime. In preparation for EU Exit, the instrument also amends domestic legislation to transfer functions under the EU pesticides legislation to the Welsh Ministers. Finally, the instrument updates out of date references and provisions in the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003.

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

13/12/2018

Justice / Communities

This statutory instrument amends references to the European Union, its laws and
institutions in a range of legislation relating to equalities. These references will
become redundant when the United Kingdom leaves the European Union on 29
March 2019 and therefore this instrument is required to ensure that the relevant
domestic legislation remains clear, workable and fit for purpose after this date. This
instrument also revokes two pieces of redundant retained direct EU legislation, so that
they no longer have effect domestically after EU exit.

Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019

13/12/2018

DAERA

This SI makes amendments to the Farriers (Registration) Act 1975, the Animal Health
Act 1981 and three pieces of secondary legislation made under the Veterinary
Surgeons Act 1966, in order to address deficiencies arising from the United
Kingdom's withdrawal from the European Union.

Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019

13/12/2018

DAERA

This instrument is one of three that will make corrections to the converted EU plant
protection product regulatory regime, so that it continues to operate effectively after
the United Kingdom (UK) leaves the European Union (EU).
The instrument makes appropriate corrections to Regulation (EC) No 396/2005 to
ensure that after EU Exit, effective arrangements and robust controls governing the
level of residues permitted in food will continue to operate in the UK.

Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019

13/12/2018

DAERA

This instrument is one of a set of three statutory instruments that will make
corrections to the EU plant protection product regulatory regime so that it can
continue to operate effectively after the United Kingdom leaves the European Union.
This instrument makes the necessary amendments to Regulation (EC) No 1107/2009
and other associated retained direct EU legislation to ensure that, after EU Exit,
effective arrangements and robust controls currently in place which govern the
authorisation of, marketing and use of plant protection products continue to operate.
It also transfers legislating powers from Directive 2009/128/EC on sustainable use of
pesticides, allowing the future amendment of the annexes to that Directive as they
have been transposed into domestic law.

Public Procurement (Amendment etc.) (EU Exit) Regulations 2019

13/12/2018

Executive Office

This instrument is being made in order to address deficiencies in retained EU law in
relation to public procurement arising from the withdrawal of the United Kingdom
(UK) from the European Union (EU), ensuring the legislation continues to operate
effectively after the UK leaves the EU. The EU legal framework for the regulation of public procurement by public
authorities and utilities consists of a package of directives (the EU Procurement
Directives) that govern procedures for the award of public contracts over specified
financial thresholds to suppliers of works, goods and services. They are aimed at
ensuring that the EU public procurement market is open and competitive and that
suppliers are treated equally and fairly.
The EU Procurement Directives were implemented for England, Wales and Northern
Ireland by the Public Contracts Regulations 2015, the Utilities Contracts Regulations
2016 and the Concession Contracts Regulations 2016 (the Regulations).
This instrument also relates to certain directly applicable EU legislation in the field of
public procurement, such as Regulation 2195/2002 on the Common Procurement
Vocabulary that aims to standardise the references used by contracting authorities and
entities to describe procurement contracts. This instrument addresses deficiencies in retained EU law that arise as a result of the
withdrawal of the UK from the EU. It amends or removes provisions that are
inoperable, inappropriate or would otherwise prevent the legislation from functioning
effectively after exit day within the meaning of section 8 of European Union
(Withdrawal) Act 2018. For example, provisions that relate to the publication of
notices in the Official Journal of the EU (OJEU) and to the submission of reports to
the European Commission (the Commission) would no longer be appropriate because
they impose requirements and confer functions in respect of EU entities that no longer
have such functions in relation to the UK after exit. These have been removed or
replaced with provisions that relate to the functions of ˜domestic' bodies and entities.

Social Security Coordination (Council Regulation (EEC) No 1408/71 and Council Regulation (EC) No 859/2003) (Amendment) (EU Exit) Regulations 2018

13/12/2018

Communities

This instrument amends the retained EU Regulations which provide for EU Social Security Coordination (the ˜Coordination Regulations'). The amendments remedy deficiencies arising as a result of the United Kingdom's withdrawal from the European Union ( ˜EU'), ensuring that retained EU law is operable in the event there is no withdrawal agreement, and no future relationship agreement.

Social Security Coordination (Council Regulation (EEC) No 574/72) (Amendment) (EU Exit) Regulations 2018

13/12/2018

Communities

This instrument amends the retained EU Regulations which provide for EU Social Security Coordination (the ˜Coordination Regulations'). The amendments remedy deficiencies arising as a result of the United Kingdom's withdrawal from the European Union ( ˜EU'), ensuring that retained EU law is operable in the event there is no withdrawal agreement, and no future relationship agreement.

Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2018

13/12/2018

Communities

This instrument amends the retained EU Regulations which provide for EU Social Security Coordination (the ˜Coordination Regulations'). The amendments remedy deficiencies arising as a result of the United Kingdom's withdrawal from the European Union ( ˜EU'), ensuring that retained EU law is operable in the event there is no withdrawal agreement, and no future relationship agreement.

Social Security Coordination (Regulation (EC) No 987/2009) (Amendment) (EU Exit) Regulations 2018

13/12/2018

Communities

This instrument amends the retained EU Regulations which provide for EU Social Security Coordination (the ˜Coordination Regulations'). The amendments remedy deficiencies arising as a result of the United Kingdom's withdrawal from the European Union ( ˜EU'), ensuring that retained EU law is operable in the event there is no withdrawal agreement, and no future relationship agreement.

Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

13/12/2018

DAERA

This SI makes amendments to the Veterinary Surgeons Act 1966 and the Animal
Welfare Act 2006 in order to address deficiencies arising from the United Kingdom's
withdrawal from the European Union.

Motor Vehicles (Compulsory Insurance) (Amendment etc.) (EU Exit) Regulations 2019

14/12/2018

Infrastructure

This instrument amends various pieces of domestic legislation to deal with deficiencies in the statutory framework for compulsory motor insurance that arise once the UK leaves the EU. It introduces a policy change, required as a consequence of leaving the EU, which is to remove the requirements for the Motor Insurers Bureau ( ˜MIB') to act as a Compensation Body for UK residents injured in road traffic accidents in the EEA, and to reimburse its foreign counterparts in respect of EU27 visitors in the UK who have been compensated by their ˜home' Compensation Body. The remainder of the amendments seek to maintain the status quo and contain no substantive changes of policy.

Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2018

17/12/2018

DAERA

These instruments amend retained European Union ( EU ) legislation relating to Direct Payments to farmers and land managers under agricultural support schemes within the Common Agricultural Policy ( CAP ). These instruments will address operability issues created by the United Kingdom ( UK ) leaving the EU to ensure that the Direct Payments legislation can continue to operate effectively after EU Exit.

Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations 2019

17/12/2018

Economy

This instrument (the amending instrument) is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It makes modifications to Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency (REMIT), Commission Implementing Regulation (EU) No 1348/2014 (the REMIT Implementing Regulation) and Regulation (EU) No 543/2013 on submission and publication of data in electricity markets (the Transparency Regulation) in order to ensure that they are operable when incorporated into domestic law by the European Union (Withdrawal) Act 2018. It also amends domestic legislation which confers investigation and enforcement powers on the energy regulators in relation to breaches of REMIT requirements.

Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

17/12/2018

Economy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively if the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It amends a range of primary and secondary law, of both domestic and European origin, to address inoperabilities caused by the UK's exit from the EU. Most notably this instrument will remove inoperabilities from the Gas Act 1986 and Electricity Act 1989, which apply in Great Britain; the Gas (Northern Ireland) Order 1996 and Electricity (Northern Ireland) Order 1992 which apply in Northern Ireland; and the EU's Electricity and Gas Regulations; which together form the legislative core of the UK's electricity and gas market regulatory frameworks. In addition, this instrument and several other Acts, Regulations and Orders will remove inoperabilities from related secondary legislation and revoke a number of EU regulations and decisions which will become retained EU law.

Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations 2019

17/12/2018

Economy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It amends two retained EU regulations relating to the cross-border trade of electricity to ensure that they will function effectively once incorporated in domestic law by the European Union (Withdrawal) Act 2018. It further revokes two retained EU regulations on the grounds that they would be inoperable if incorporated into domestic law.

Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations 2019

17/12/2018

Economy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively in the event that the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. It amends two retained EU regulations relating to electricity system operation to ensure that they will function effectively once incorporated in domestic law by the European Union (Withdrawal) Act 2018. It further revokes three retained EU regulations on the grounds that they would be inoperable if incorporated into domestic law.

Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019

17/12/2018

Economy

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK's energy systems will function effectively if the UK leaves the European Union ( ˜EU') without a withdrawal agreement in place. On 29 March 2019, the European Union (Withdrawal) Act 2018 will incorporate directly applicable EU legislation into UK law. In response, this instrument amends five pieces of retained EU law relating to energy to correct or remove inoperable provisions. Specifically, this piece of legislation amends Regulation (EU) No 2017/1938 of the European Parliament and the Council concerning measures to safeguard the security of gas supply (hereafter ˜the Security of Gas Supply Regulation') in order to ensure that it is operable when incorporated into domestic legislation. It also amends provisions of four pieces of directly applicable EU tertiary legislation (collectively, the network codes ), namely Commission Regulation (EU) 2015/703 establishing a network code on Interoperability and Data Exchange Rules ( ˜INT'), Commission Regulation 2017/460 establishing a network code on Harmonised Transmission Tariff Structures for Gas ( ˜TAR'), Commission Regulation 312/2014 establishing a network code on Balancing of Transmission Networks ( ˜BAL') and Commission Regulation (EU) 2017/459 establishing a network code on Capacity Allocation Mechanisms in Gas Transmission Systems ( ˜CAM') (gas transmission systems being the gas pipeline system and associated facilities designed for transporting gas).

Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2018

17/12/2018

Economy

The instrument amends secondary legislation which forms part of the United
Kingdom's implementation of Directive 2009/31/EC of the European Parliament and
of the Council of 23 April 2009 on the geological storage of carbon dioxide ( the
CCS Directive ). It addresses failures of retained EU law to operate effectively and
other deficiencies arising due to the United Kingdom's withdrawal from the European
Union. The instrument also makes two minor amendments unrelated to the United
Kingdom's withdrawal from the European Union correcting outdated and incorrect
cross-references.

Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

17/12/2018

DAERA

The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 makes
amendments to three waste-related Acts of Parliament and 14 related EU Regulations
and Decisions. This will enable their continued operability as retained EU law under
the European Union (Withdrawal) Act 2018, following the UK's withdrawal from the
European Union. It also revokes some EU directly applicable legislation relating to
waste which it is not necessary to retain in a domestic context because the
requirements are already otherwise embedded in UK legislation or will be covered by
other EU Exit legislation.

Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019

18/12/2018

Justice

This instrument is being made under the European Union (Withdrawal) Act 2018 in order to address deficiencies arising in the Electronic Commerce (EC Directive) Regulations 2002 ( the eCommerce Regulations 2002 ) and the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018 ( the eCommerce Regulations 2018 ) as a result of the withdrawal of the United Kingdom from the European Union in the event of ˜no deal' EU exit. These regulations, for which DCMS has responsibility, implement aspects of the eCommerce Directive (eCD) into UK law.

Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

18/12/2018

DAERA

The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 amends
12 domestic waste regulations, which implement different European directives related
to waste management to ensure that the waste regime can continue to operate
effectively after the UK leaves the EU. The European directives which these 12
domestic waste Regulations implemented are:
¢ Directive 2000/53/EC on end-of-life vehicles
¢ Directive 91/689/EEC on hazardous waste
¢ Directive 94/62/EC on packaging and packaging waste as amended by Council
Regulation (EC) No 1882/2003, Directive 2004/12/EC and Directive 2005/20/EC
¢ Directive 2006/66/EC on batteries and accumulators and waste batteries and
accumulators and repealing Directive 91/157/EEC
¢ Directive 2006/21/EC on the management of waste from extractive industries
¢ Directive 2008/98/EC on waste
¢ Directive 2011/65/EU on the restriction of the use of certain hazardous
substances in electrical and electronic equipment (recast)
¢ Directive 2012/19/EU on waste electrical and electronic equipment

Plant Health (EU Exit) Regulations 2019

19/12/2018

DAERA

The Plant Health (EU Exit) Regulations 2019 correct deficiencies in domestic
legislation which implements EU Directive 2000/29/EC on measures to protect plant
health and in retained direct EU legislation relating to plant health arising in
consequence of the United Kingdom's withdrawal from the EU in a ˜no deal'
scenario.

Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2018

19/12/2018

Economy

The Recognition of Professional Qualifications (Amendment etc.) (EU Exit)
Regulations 2018 amends the European Union (Recognition of Professional
Qualification) Regulations 2015 ( the 2015 Regulations ), revokes the effect of the
European Communities (Recognition of Professional Qualifications) Regulations
2007 ( the 2007 Regulations ) in relation to Switzerland, and makes transitional and
savings provisions, in reliance on the powers conferred by section 8(1) and paragraph
21 of schedule 7 to, the European Union (Withdrawal) Act 2018.
Under the same powers this instrument will also make transitional and savings
provisions to legislation concerning school teachers.
These changes are being made to address deficiencies arising as a consequence of the
United Kingdom's (UK's) withdrawal from the European Union (EU).
In addition, this instrument will update schedules in the 2015 Regulations in reliance
on powers in section 2(2) of the European Communities Act 1972.
In addition, this instrument will make minor amendments to legislation concerning
school teachers, in reliance on the powers in section 132 of the Education Act 2002.

European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018

20/12/2018

Health/FSA

The European Qualifications (Health and Social Care Professions) (Amendment etc.)
(EU Exit) Regulations 2018 amend various pieces of legislation concerned with the
regulation of health and care professionals (see Part 3 of the Annex) and make
transitional and savings provisions in respect of certain applications and notifications
in reliance on the powers conferred by section 8(1) and paragraph 21 of schedule 7 to
the European Union (Withdrawal) Act 2018.
These changes are being made to address deficiencies arising as a consequence of the
United Kingdom's (UK) withdrawal from the European Union (EU).

Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

08/01/2019

DAERA

This instrument transfers a series of legislative functions that are currently conferred
by European Union ( EU ) legislation upon the European Commission ( the
Commission ), to be exercisable instead by public authorities in the United Kingdom
( UK ), so that they can be exercised at national level after the UK leaves the EU. The EU Regulations concerned cover persistent organic pollutants ( POPs ); timber;
the European Pollutant Release and Transfer Register; transfrontier shipments of
waste; the Nagoya Protocol on access to genetic resources and the fair and equitable
sharing of benefits; mercury; leghold traps; and the Convention on the International
Trade in Endangered Species ( CITES ). This instrument also concerns one
legislative function contained in a Directive relating to industrial emissions. In each case, the legislative function is conferred upon the Commission so that it can
develop the technical details of the specific regime, without the frequent need to refer
back to the EU Council and EU Parliament. Examples of these functions include
specifying forms to be used, amending technical annexes to reflect advances in
scientific and technical knowledge, and updating annexes to reflect international
agreements. This instrument does not make changes to substantive policy content. It provides for
the legislative function in each case to be exercisable by the appropriate UK authority.
This is to ensure that the regimes continue to function smoothly, without the need for
primary legislation every time a change in technical matters is required. The regimes will continue to function in a similar way to how they did previously.
This instrument changes the identity of the bodies carrying out the specified functions
and converts the EU procedures to UK procedures as appropriate.

Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

14/01/2019

Infrastructure

This instrument uses existing powers under the European Communities Act 1972
( the ECA ) to fully implement the obligations of the United Kingdom (UK) under
European Union law in the field of drivers' hours and tachographs for the carriage of
goods and passengers by road and under the European Agreement concerning the
Work of Crews of Vehicles engaged in the International Road Transport of 1 July
1970, as amended ( the AETR ), which must be addressed before the point at which
the UK leaves the European Union (EU) ( Exit Day ). The obligations being
implemented are further set out in sections 6 and 7 of this document.
This instrument remedies deficiencies in domestic law and retained EU law arising
from the withdrawal of the UK from the EU, in the field of drivers' hours and
tachographs. In particular it reflects the fact that the AETR will be the relevant
international legal framework for road transport operations between the UK and the
EU from Exit Day.

Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

15/01/2019

Justice

The purpose of the instrument ( ˜the Regulations') is to ensure that that the United
Kingdom's (UK's) statute book continues to function effectively in the area of
security, law enforcement and criminal justice, and regulatory measures in scope of
the Regulations should the UK leave the European Union (EU) without an agreement
in March 2019. The Regulations will address failures of retained EU law to operate
effectively or address other legislative deficiencies arising from the UK's withdrawal
from the EU. This will provide legal and operational certainty. For extradition, the
Regulations will provide the legislative underpinning for the UK to transition its
cooperation with Member States to a non-EU mechanism.

Nutrition (Amendment etc.) (EU Exit) Regulations 2019

16/01/2019

Health/FSA

The purpose of this instrument is to remedy deficiencies in UK legislation relating to
nutrition, arising from the withdrawal of the UK from the European Union (EU) in the
event that the UK leaves without a deal having been agreed. The subject areas covered
by this nutrition legislation are: nutrition and health claims made on foods; the
addition of vitamins, minerals and certain other substances to foods; composition and
labelling of food supplements; the composition and labelling of food for specific
groups; and the sale of products containing Kava-kava.
This Statutory Instrument amends existing domestic, and retained EU, legislation as
well as revoking some 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 instrument is made under powers in the
European Union (Withdrawal) Act 2018.

Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

17/01/2019

DAERA

This instrument covers nine pieces of directly applicable EU legislation in the fields of
aquatic animal health and the use of alien and locally absent species in aquaculture.
The majority of these relate to aquatic animal health and, together with Council
Directive 2006/88/EC, establish an EU-wide biosecurity framework for fish and
shellfish diseases. Council Directive 2006/88/EC sets out requirements for: bringing
to the market aquaculture animals and their products; disease control measures;
importation; and health certification. The Directive is transposed in England and
Wales by the Aquatic Animal Health (England and Wales) Regulations 2009. The
Department is bringing forward a separate instrument (the Aquatic Animal Health and
Alien Species in Aquaculture (England and Wales) (EU Exit) Regulations 2018) to
amend these Regulations and this is covered in a separate Explanatory Memorandum. The draft Regulations, as originally laid for sifting, were cleared to proceed as a negative instrument, but needed to be amended and relaid to ensure that quarantine
requirements apply in relation to imports of aquatic animals from EU27 as well as
third countries. As previously drafted, the SI did not include provision for quarantine
for imports from EU27.

Animals (Legislative Functions) (EU Exit) Regulations 2019

21/01/2019

DAERA

This instrument provides for a series of legislative functions that are currently
conferred by European Union ( EU ) legislation upon the European Commission
( the Commission ) to be exercisable instead by public authorities in the United
Kingdom ( UK ), so that they can be exercised at national level after the UK leaves
the EU. The EU Regulations concerned cover animal health and welfare. The powers were
provided to the European Commission through directly applicable European
Regulations agreed with the member states. In each case, the legislative function is
conferred upon the Commission so that it can develop the technical details of the
specific regime, without the frequent need to refer back to the EU Council and
Parliament. Examples of these functions include specifying forms to be used and
amending technical annexes. This instrument does not make changes to substantive policy content. It provides for
the legislative function in each case to be exercisable by UK authorities. This is to
ensure that the regimes continue to function smoothly, without the need for primary
legislation every time a change to technical matters is required. Without establishing
powers we would be unable to bring forward measures which the European
Commission currently has authority to do on behalf of member states. The regimes will continue to function in a similar way to how they did previously.
This instrument changes the identity of the bodies carrying out the specified functions
and converts the EU procedures to UK procedures as appropriate.

Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

21/01/2019

DAERA

This instrument provides for a number of legislative functions that are currently
conferred by European Union ( EU ) legislation upon the European Commission
( the Commission ) to be exercisable instead by public authorities in the United
Kingdom ( UK ), so that they can be exercised at national level after the UK leaves
the EU. The EU Directives concerned cover aquatic animal health and plant health. The
powers were conferred on the European Commission by Council Directive
2006/88/EC on animal health requirements for aquaculture animals and products
thereof, and on the prevention and control of certain diseases in aquatic animals (OJ
No. L 328, 24.11. 2006) ( Directive 2006/88/EC ) and Council Directive 2000/29/EC
on protective measures against the introduction into the Community of organisms
harmful to plants or plant products and against their spread in the Community (OJ No.
L 169, 10.7.2000, p.1) ( Directive 2000/29/EC ). The legislative functions were
conferred upon the Commission to enable it to develop the technical details of the
specific regimes, without the frequent need to refer back to the EU Council and
Parliament. Examples of these functions include amending technical annexes
containing diseases and pests. This instrument does not make changes to substantive policy content. It provides for
the legislative function in each case to be exercisable by UK authorities. This is to
ensure that the relevant regimes continue to function smoothly and can be updated to
reflect changes in disease and pest risks. This instrument confers functions on UK authorities which are equivalent to various
legislative functions exercisable by the European Commission in relation to EU
aquatic animal health and plant health legislation and converts the EU procedures to
appropriate UK procedures.

Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

21/01/2019

Economy

This instrument is made using powers in the European Union (Withdrawal) Act 2018( the Withdrawal Act ) to address deficiencies in retained EU law in relation to chemicals and genetically modified organisms (GMOs) legislation arising from the
withdrawal of the United Kingdom (UK) from the European Union (EU). This
instrument ensures that UK chemicals and GMO regulations will continue to operate
effectively at the point at which the UK leaves the EU ( Exit ). This instrument does
not make any policy changes beyond the intent of ensuring continued operability of
the relevant legislation.

Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019

21/01/2019

Economy

This instrument is being made in order to address deficiencies in UK domestic
legislation and retained EU law in relation to the disclosure of confidential
information arising from the withdrawal of the United Kingdom ( UK ) from the
European Union ( EU ) ensuring that the legislation continues to operate effectively
at the point at which the UK leaves the EU.
Specifically, this instrument amends Part 23 of the Financial Services and Markets
Act 2000 ( FSMA ) and the Financial Services and Markets Act 2000 (Disclosure of
Confidential Information) Regulations 2001 (S.I. 2001/2188) ( the Disclosure
Regulations ) which set out the gateways for disclosing confidential information
within the UK, to EEA regulatory authorities and to third-country regulatory
authorities. The instrument also amends UK legislation that applies the Disclosure
Regulations, in a modified form, to different financial services regimes. In addition,
the instrument amends retained direct EU legislation. The amendments ensure that
confidential information can continue to be disclosed by UK regulators from exit day.
The instrument also makes amendments to correct some minor errors in domestic
legislation which do not arise from withdrawing from the EU, and are therefore made
under section 2(2) of the European Communities Act 1972, section 349 of FSMA and
section 92 of the Financial Services (Banking Reform) Act 2013.

UK Statistics (Amendment etc.) (EU Exit) Regulations 2019

25/01/2019

Economy

This instrument addresses deficiencies in retained EU law relating to statistics arising
from the withdrawal of the United Kingdom from the European Union. It is made
under section 8 of the European Union (Withdrawal) Act 2018 ( the 2018 Act ), the
majority of the law it addresses having been retained under section 3 of the same Act.
In particular, this instrument:
¢ Amends the Statistics and Registration Service Act 2007 to replace references
to EU law with references to the appropriate equivalent retained EU law;
¢ Amends one Act and four statutory instruments so that their references to
certain European standards continue to refer to the EU, rather than the retained
EU law, version of those standards; and
¢ Revokes the majority of the retained direct EU legislation that (a) sets out the
EU architecture for the production by Member States, and transmission to
Eurostat of statistical data and (b) establishes standards and technical
classifications with respect to certain statistical data (together, EU statistics
law ), together with relevant equivalent law in the retained EEA agreement.

Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

28/01/2019

Infrastructure

This statutory instrument corrects deficiencies in the Railway (Licensing of Railway
Undertakings) Regulations 2005 (SI 2005/3050) ( 2005 Regulations ) arising from
the UK's exit from the European Union. It will also revoke Regulation (EU) 2015/171
which will become redundant after exit day. It is being made to ensure that the 2005
Regulations continue to operate effectively in the event of the UK leaving the
European Union without an agreed deal with the EU. After exit day the 2005 Regulations will not be able to operate effectively unless the
references they contain to Europe and European Union institutions are corrected.
Most of the deficiencies that need to be corrected are minor and technical. The most
significant change is to rename the European licence  “ it will in future be known as
the railway undertaking licence . Other changes are mostly to remove references and
obligations to provide information to European Union institutions, such as the
European Railway Agency. Regulation (EU) 2015/171 will become redundant after exit day either because the
procedures it sets out have already been adopted into the UK licensing regime or
because they will no longer be relevant after the UK leaves the EU (e.g. providing
information to the European Commission). It is therefore being revoked. This instrument will enable the legal framework for train operator licensing in Great
Britain provided for in the 2005 Regulations to continue after exit day. Operators that
hold licences issued by the ORR will not need to take any action. Operator licences do
not expire, so these licences will continue to be valid in GB indefinitely. However,
ORR issued licences will no longer be valid in EEA Member States after exit day.
Any operators who intend to operate in an EEA Member State would have to apply
for a licence from a licensing authority in an EEA Member State. Operators that
provide train services in Great Britain and hold a licence issued by an EEA Member
State other than the ORR will not need to take any immediate action. The instrument
provides for those licences to continue to be recognised in Great Britain for two years
after exit day. At the end of that two-year period any affected operators will require a
licence issued by the ORR to continue to operate legally in Great Britain (there is currently only one such operator, Europorte Channel SAS, a freight operator). This
position was set out in a rail technical notice issued in October. No other requirements of the licensing regime under the 2005 Regulations will be
changed.
This instrument does not provide for the long-term, mutual recognition of operator
licences issued by EEA-member states and held by cross-border service operators
(e.g. services which operate through the Channel Tunnel). Mutual recognition of these
licences is contingent on any future bilateral agreements with Member States. The UK
Government is engaging with a range of European counterparts, including member
states, to discuss cross-border services once the UK leaves the EU.

The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

28/01/2019

DAERA

This instrument makes changes to the three existing instruments which transpose the
Habitats and Wild Birds Directives so that they continue to work (are operable) upon
the UK's exit from the European Union (EU). The existing instruments are: The
Conservation of Habitats and Species Regulations 2017; The Conservation of
Offshore Marine Habitats and Species Regulations 2017; and The Offshore Petroleum
Activities (Conservation of Habitats) Regulations 2001. This instrument also amends
section 27 of the Wildlife and Countryside Act 1981 to ensure existing protections
continue.

Contaminants in Food (Amendment) (EU Exit) Regulations 2019

31/01/2019

Food Standards Agency

Currently, the contaminants in food legislation is set by the EU and is implemented in
the UK by statutory instruments.
The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 (the instrument)
fixes inoperabilities in the retained EU legislation on contaminants in food (as listed
in para 6.2) so that it will continue to be applicable as domestic law and ensure
continued safety of food after the UK has left the EU.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to the Contaminants in Food policy and legislation.

General Food Hygiene (Amendment) (EU Exit) Regulations 2019

31/01/2019

Food Standards Agency

The General Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 ( the
instrument ) are being made principally to fix inoperabilities in Regulation (EC) No.
852/2004 that will arise as a consequence of the UK's exit from the European Union.
The fixes being made to Regulation (EC) No. 852/2004 by way of this instrument will
help to maintain the continued safety of food through the maintenance of requirements
for hygienic practices from primary production through all stages of food production
to the final consumer.
This instrument also fixes the inoperability of certain other retained, related EU
Regulations. These are Regulation (EU) No. 579/2014, Regulation (EC) No.
2073/2005 and Regulation (EU) No. 2017/2158.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to General Food Hygiene policy and legislation.

General Food Law (Amendment etc.) (EU Exit) Regulations 2019

31/01/2019

Food Standards Agency

The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 ( the
instrument ) amends Regulation (EC) No. 178/2002 which provides the basic
principles underpinning food safety. The instrument also amends Regulation No.
931/2011, that implements Regulation (EC) No. 178/2002, in order that it can be
retained in an operable form after EU Exit.
This instrument also revokes Regulation (EU) No. 16/2011 which concerns EU
Member State responsibilities under the Rapid Alert System for Food and Feed
( RASFF ); unless negotiated otherwise the UK will not retain access to that system
post Exit.
Finally, the instrument makes minor amendments to ensure continued operability of
domestic enforcing regulations in England, the Food Safety and Hygiene (England)
Regulations 2013 ( 2013 Regulations ).
The instrument designates responsibilities currently incumbent on the European Food
Safety Authority ( EFSA , the body that provides scientific advice on food to the
European Commission, the European Parliament and EU Member States) to the ˜Food
Safety Authority' (i.e. the Food Standards Agency ( FSA ) in England, Wales,
Northern Ireland, and Food Standards Scotland ( FSS ) or other devolved
administration organisations able to take up this role subject to further agreement) and
designates responsibilities incumbent on the European Commission to Ministers in the
four UK countries.
This instrument amends the 2013 Regulations to ensure they are operable after EU
exit, so that Schedule 1 of those regulations gives effect to amendments to the
Annexes of retained EU instruments listed in that schedule and also to ensure that the
legislative references of specific provisions in its Schedule 2 are suitably updated.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to General Food Law policy and legislation.

International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019

31/01/2019

Economy

The purpose of this instrument is to address failures of retained EU law to operate
effectively and other deficiencies arising from the withdrawal of the UK from the EU,
in the field of accounts and reports of UK corporate bodies, to make some
consequential amendments and transitional provision as a result of the European
Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (SI
2018/1298), and to make minor corrections to two EU Exit statutory instruments.

Quick-frozen foodstuffs (Amendment) (EU Exit) Regulations 2019

31/01/2019

Food Standards Agency

The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019 fix the inoperability of retained EU law on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption. The instrument also amends The Quick-frozen Foodstuffs (England) Regulations 2007.

Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019

31/01/2019

Food Standards Agency

The Specific Food Hygiene (EU Exit) Regulations 2019 ( the instrument ) is being
made to fix the inoperabilities of retained EU legislation which arise as a consequence
of the UK's exit from the European Union.
The instrument fixes the inoperabilities of Regulation (EC) No. 853/2004 that lays
down specific hygiene measures for the production and processing of certain food
products of animal origin and Regulation (EC) No. 854/2004 that lays down the
corresponding official controls.
The instrument also fixes the inoperabilities of Regulation (EU) No. 101/2013,
Regulation (EU) No. 2015/1474, and Regulation (EU) No. 2017/1978, which either
provide additional requirements for specific hygiene purposes or amend existing
requirements.
This instrument revokes Regulation (EU) No. 636/2014 concerning unskinned large
wild game.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to Specific Food Hygiene policy and legislation.

Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019

04/02/2019

Food Standards Agency

The Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit)
Regulations 2019 (the instrument) are being made to fix inoperabilities in the retained
EU legislation on special conditions for the import of food and feed that have been
affected by nuclear accidents at Chernobyl, Ukraine and Fukushima, Japan (as listed
in paragraphs 6.3 and 6.4) that will arise as a consequence of the UK's exit from the
European Union (EU).
This instrument is a legislative consequence of the UK's decision to leave the
European Union, which will also result in our departure from the European Atomic
Energy Community ( the Euratom Treaty ). The Euratom Treaty covers civil nuclear
policy and legislation across the EU including emergency response to nuclear
incidents.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to the Food and Feed (Chernobyl and Fukushima
Restrictions) policy and legislation.

Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

04/02/2019

Food Standards Agency

The Food and Feed (Maximum Permitted Levels of Radioactive Contamination)
(Amendment) (EU Exit) Regulations 2019 ( the instrument ) are being made to fix
inoperabilities in the retained EU legislation, Council Regulation (Euratom) 2016/52
laying down maximum permitted levels of radioactive contamination of food and feed
following a nuclear accident or any other case of radiological emergency, that will
arise as a consequence of the UK's exit from the European Union.
This instrument is a legislative consequence of the UK's decision to leave the
European Union, which will also result in our departure from the European Atomic
Energy Community ( the Euratom Treaty ). The Euratom Treaty covers civil nuclear
policy and legislation across the EU including emergency response to nuclear
incidents.

Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019

04/02/2019

Food Standards Agency

The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations
2019 are being made under Section 8(1) of the European Union (Withdrawal) Act
2018 to ensure the effective functioning of retained EU law concerning genetically
modified (GM) food and animal feed ( ˜feed') in the UK after EU Exit.
The instrument amends the following retained EU law to correct deficiencies that
arise as a consequence of the UK's exit from the EU: Regulation (EC) No. 1829/2003
(framework regulation on genetically modified food and feed); Commission
Regulation (EC) No 641/2004 (detailed rules on applications for authorisation of new
GM food and feed and adventitious or technically unavoidable presence of authorised
GM material, and 68 Commission Decisions authorising GM food and/or feed events
for placing on the market, or withdrawing such authorisations and providing
transitional arrangements which will be extant when the UK exits the EU.
The instrument also revokes Commission Regulation (EC) No 1981/2006 (detailed
rules regarding the Community reference laboratory for GM organisms) which will
become redundant when the UK exits the EU.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to GM Food and Feed policy and legislation.

Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019

04/02/2019

Food Standards Agency

The Official Controls for Feed, Food and Animal Health and Welfare (Amendment
etc.) (EU Exit) Regulations 2019 ( the instrument ) amends retained EU law and
domestic legislation relating to official controls on food and feed to ensure its
operability following the United Kingdom's departure from the European Union
(EU). It is intended to protect public health, animal health and animal welfare whilst
providing continuity for business operators and trade. Official controls legislation sets
rules and operational standards for the verification of food and feed law by competent
authorities in the United Kingdom such as the Food Standards Agency (FSA) and the
Animal and Plant Health Agency (APHA). This instrument amends references to EU
institutions and systems in order that the legislation is operable in the United
Kingdom following our departure from the EU.
The instrument amends EU law in the form of directly applicable Regulation (EC) No.
882/2004, Regulation (EU) No 2017/625, Commission Decision 2006/677/EC and
Commission Decision 2008/654/EC. It also amends two pieces of implementing
domestic legislation which apply to England only, the Meat (Official Controls
Charges) (England) Regulations 2009 (SI 2009 No. 1574) and the Official Feed and
Food Controls (England) Regulations 2009 (SI 2009 No. 3255).

Animal Feed (Amendment) (EU Exit) Regulations 2019

05/02/2019

Food Standards Agency

The Animal Feed (Amendment) (EU Exit) Regulations 2019 ( the instrument ) are
being made to fix inoperabilities in the retained EU legislation on animal feed; namely
Regulation (EC) No 1831/2003, Regulation (EC) No 183/2005, Regulation (EC) No
378/2005, Regulation (EC) No 429/2008, Regulation (EC) No 152/2009, Regulation
(EC) No 767/2009, Regulation, Regulation (EU) No. 892/2010, (EC) No 619/2011,
Regulation (EC) No. 68/2013, and Regulation (EU) No 2015/786 that will arise as a
consequence of the UK's exit from the European Union (EU).
This instrument is a legislative consequence of the UK's decision to leave the EU and
will apply from day 1 of withdrawal from the EU in order to ensure the continued
safety of animal feed.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to food and feed (animal feed) policy and legislation.

Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019

05/02/2019

Food Standards Agency

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment
etc.) (EU Exit) Regulations 2019 (hereon after referred to as ˜this instrument') fixes
inoperabilities in the retained EU legislation on food additives, flavourings, enzymes,
extraction solvents and processing aids which are collectively referred to as food
improvement agents. The amendments in this instrument are made in exercise of the
powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 to
enable the regulatory requirements applicable to these substances to operate
effectively as domestic legislation after the UK has left the EU.
This instrument amends the Food Additives, Flavourings, Enzymes and Extraction
Solvents (England) Regulations 2013 which provides for the enforcement in England
of the regulatory requirements for food improvement agents, with similar legislation
enacted across Wales, Scotland, and Northern Ireland. It will also amend eleven EU
Regulations (as listed at para 6.2) that provide the detailed rules for these substances.
This instrument will also revoke Regulation (EU) No 257/2010 which provides for the
establishment of an ongoing programme of re-evaluation of food additives that were
approved prior to 2009.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to food improvement agents, policy and legislation.

Food and Feed Imports (Amendment) (EU Exit) Regulations 2019

05/02/2019

Food Standards Agency

The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 (the
˜instrument') amends European legislation relating to import controls on food and
feed, from outside of the United Kingdom (UK), to ensure its operability following
the UK's departure from the European Union (EU). Imports legislation sets rules for
the verification of food and feed law by competent authorities in the UK such as the
Food Standards Agency (FSA). This instrument amends references to European
institutions and systems in order that the legislation is operable in the UK following
our departure from the EU. It is intended to provide continuity for operators and trade
whilst protecting public health.

Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019

05/02/2019

Infrastructure

The licensing of road haulage operators and the market for international road haulage
are regulated by EU Regulations (EC) 1071/2009 and 1072/2009 and related domestic
legislation respectively. This instrument remedies deficiencies in retained EU law and
makes consequential amendments to related domestic legislation arising from the
withdrawal of the UK from the EU. In particular, this instrument reflects the fact that
the UK will not be able to issue ˜Community licences' after it has left the EU by
providing for broadly equivalent and adaptable arrangements for hauliers operating
between the UK and Member States after Exit day.

Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019

05/02/2019

Food Standards Agency

The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations
2019 ( the instrument ) are being made to fix inoperabilities in the retained EU
Legislation on food contact material legislation; namely European Commission
Regulation (EC) No. 1935/2004 ( the Framework Regulation ) on materials and
articles intended to come into contact with food, Regulation (EC) No. 450/2009,
Regulation (EU) No. 10/2011, Regulation (EC) No. 282/2008, Regulation (EC) No.
2023/2006, Regulation (EC) No. 1895/2005 and Regulation (EU) No. 2018/213 that
will arise as a consequence of the UK's exit from the European Union (EU).
This instrument is a legislative consequence of the UK's decision to leave the EU and
will apply from Exit day in order to ensure the continued safety of materials and
articles in contact with food.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to food and feed (materials and articles in contact with
food) policy and legislation.

Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019

05/02/2019

Food Standards Agency

The Sprouts and Seeds (Amendment)(EU Exit) Regulations 2019 ( the instrument ) is
being made to fix the inoperabilities of retained EU law, namely Regulation (EU) No
208/2013, Regulation (EU) No. 210/2013 and Regulation (EU) No 211/2013 ( the
Regulations ) to ensure the continued safety of sprouts and seeds intended for
sprouting supplied on the UK market.
As a responsible government, we will continue to proportionately prepare to ensure
readiness on exit day in all scenarios. The purpose of this instrument therefore, is to
ensure that there will continue to be a functioning statute book on exit day which
maintains continuity in relation to the Sprouts and Seeds legislation.

Aviation Noise (Amendment) (EU Exit) Regulations 2019

11/02/2019

Infrastructure

This instrument uses powers under the European Union (Withdrawal) Act 2018 ( the
Withdrawal Act ) to make the necessary changes to the Aeroplane Noise Regulations
1999 ( the Noise Regulations ), the Air Navigation (Environmental Standards for
Non-EASA Aircraft) Order 2008 ( the Environmental Standards Order ), the Airports
(Noise-related Operating Restrictions) (England and Wales) Regulations 2018 ( the
Operating Restrictions Regulations ) and Regulation (EU) No 598/2014 ( Regulation
598 ), to correct deficiencies arising as a result of the UK leaving the European Union
( the EU ). These changes ensure that the legal framework relating to aviation noise
continues to function correctly after the UK leaves the EU.

Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

11/02/2019

Executive Office

This instrument is being made in order to amend the Public Procurement (Amendment
etc.) (EU Exit) Regulations 2019 before they come into effect in such a way as to
preserve in domestic law, for a time-limited period of 18 months, the duties which
United Kingdom (UK) contracting authorities and other contracting entities currently
owe towards economic operators from countries with which the European Union (EU)
has, before exit day, concluded a trade agreement by which it is bound.
2.2 In doing so, the UK will be able to demonstrate that it is able to comply with the
procurement obligations arising from those EU-third country trade agreements which
the UK intends to ˜transition' to apply to the UK as an independent party following
EU Exit.

Social Security Coordination (Reciprocal Healthcare) (Amendment etc) (EU Exit) Regulations 2019

11/02/2019

Health/FSA

This Statutory Instrument affords the UK a mechanism for ensuring there is no
interruption to healthcare arrangements for UK-insured individuals after exit day in
those Member States who agree to maintain the current arrangements for an interim
period. Through this instrument, the UK can transitionally maintain the current EU
reciprocal healthcare arrangements for countries where we have established
reciprocity until 31 December 2020. The instrument extinguishes healthcare
arrangements with Member States who do not agree to transitionally maintain the
current reciprocal arrangements with the UK, with the exception of the savings
protecting the position of patients in the course of treatment.

Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019

11/02/2019

Infrastructure

This Instrument amends the Train Driving Licences and Certificates Regulations
2010, ( the 2010 Regulations ) together with three associated items of directly
applicable EU legislation, Commission Decisions 2010/17/EC and 2011/765/EU and
Commission Regulation 36/2010/EU (together referred to as the tertiary
legislation ). This tertiary legislation will be converted into domestic law (as
retained EU law ) under the European Union (Withdrawal) Act 2018 ( the EU
Withdrawal Act ). The purpose of the amendments being made is to correct a number
of deficiencies that will arise with the 2010 Regulations and the tertiary legislation as
a result of the UK leaving the EU and to ensure that they remain fully legally operable
after exit.

Challenges to Validity of EU Instruments (EU Exit) Regulations 2019

12/02/2019

Justice

On exit day, the EU Withdrawal Act makes clear that there will be no right in
domestic law on or after exit day to challenge any retained EU law on the basis that,
immediately before exit day, an EU instrument was invalid1
. After exit, rulings of the
CJEU will no longer be binding on UK courts and so any declaration of invalidity
after exit will not affect the validity of retained EU law. However, there may be
instances where a UK court is waiting for a ruling on validity from the CJEU, or cases
begun before exit where a ruling on validity would usually have been sought.
Therefore, this instrument makes transitional provision so that where cases have
begun in UK courts before the UK's exit from the EU, and where those cases require
a judgment on the validity of EU law, judges in the UK courts are able to rule on the
validity EU law.

Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019

12/02/2019

DAERA

This instrument makes a number of miscellaneous amendments and revocations to
ensure certain environmental laws function legally after our exit from the European
Union ( EU ). This is also acting as a ˜wash up' SI to make any additional
amendments that are either consequential or correcting of other EU Exit regulations,
to make them operable. Regulations 2 to 7 make minor amendments to provisions of
other Regulations made under section 8(1) of the European Union (Withdrawal) 2018
Act, relating to wildlife, environmental permitting, chemicals, water resources and
pesticides. Regulation 8 amends retained direct EU legislation relating to wildlife,
and regulations 9 to 11 amend retained direct EU legislation relating to pesticides.
Regulation 12(1) and the Schedule revoke various retained direct EU legislation
relating to pesticides, eco-management and audit and ecolabelling, and regulation
12(2) contains a saving provision in relation to some of the revoked legislation
relating to pesticides.

Services of Lawyers and Lawyer's Practice (Amendment) (EU Exit) Regulations 2019

12/02/2019

Justice

The purpose of this instrument is to implement the UK-Swiss Separation Agreement
for lawyers, by amending the legislation that removes practise rights for Swiss (and
EEA) lawyers in a No EU Deal scenario (The Services of Lawyers and Lawyers
Practice (Revocation etc.) (EU Exit) Regulations 2019). It will grant Swiss nationals
who have Swiss legal qualifications recognised by a UK regulator (Registered
European Lawyer (REL) status) before Exit Day the right to transfer into an English &
Welsh or Northern Irish profession. It will prevent the revocation of REL status for
Swiss lawyers and enable two groups - Swiss lawyers qualified as of Exit Day and
those who have started to obtain their qualifications as Swiss lawyers before Exit Day
- the right to start recognition procedures or apply to join a legal profession in
England & Wales or Northern Ireland within 4 years of Exit Day. It will grant Swiss
lawyers (or other nationals established or permanently employed, and professionally
recognised in Switzerland) the right to continue providing services in the UK, in the
service of contracts that are extant on Exit Day, for up to 90 days per year, for the
duration of the contract (though limited to 5 years in the first instance, with scope for a
Joint Committee to extend in 5-year periods).

State Aid (Agriculture and Fisheries) (Amendment) (EU Exit) Regulations 2019

12/02/2019

DAERA

This instrument will correct deficiencies arising from the UK's withdrawal from the
EU and guarantee legal operability; without operability amendment and restatement
of the Regulations policy absurdity would occur due to the references to the EU State
aid regime and process. This instrument will do no more than is appropriate in
ensuring that deficiencies are corrected upon leaving the EU, and where appropriate,
that retained EU law is stated in a clearer and more accessible way.
This instrument complements the State Aid (EU Exit) Regulations 2019 Statutory
Instrument ( the State Aid Framework SI ) laid by the Department for Business,
Energy and Industrial Strategy (BEIS). The State Aid Framework SI will stand up the
domestic regime and amend deficiencies in retained EU law including the General
Block Exemption Regulation (No 651/2014) and the General De Minimis Regulation
(No 1407/2013). It also transfers monitoring and reporting functions from the
European Commission to a UK domestic regulator “ the Competition and Markets
Authority (CMA).
This instrument ensures that the current agricultural, fisheries and CAP exemptions
from the EU State aid regime are operable. It corrects deficient references throughout
the amended Regulations to, for example, the Commission, Member States, and the
internal market. For example, in Article 5 of Agricultural Block Exemption
Regulation, references to Commission Notices are being replaced with references to
CMA statements of policy. The instrument transfers a number of minor Commission
functions to the domestic regulator. For example, when the UK has exceeded its
annual State aid budget, certain categories are then only exempted from State aid rules
for a 6 month period. The instrument gives the CMA the power to extend this 6 month
period. The instrument also makes minor amendments to other CAP legislation in the
area of State aid. This is to ensure that these State aid clauses, which ensure the proper
operation of funding arrangements under the retained CAP Regulations, continue to
operate effectively after EU Exit.

Agriculture (Legislative Functions) (EU Exit) Regulations 2019

13/02/2019

DAERA

This instrument amends provisions of European Union ( EU ) legislation relating to
the EU Common Agricultural Policy ( CAP ) and the European Maritime and
Fisheries Fund ( EMFF ), which currently confer legislative functions on the
European Commission ( the Commission ). Under the amendments, these functions
will instead be exercisable by public authorities in the United Kingdom ( UK ). This
will enable these legislative functions to continue to be used at a national level after
the UK leaves the EU.

Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019

13/02/2019

DAERA

The Common Agricultural Policy ( CAP ) was created by the European Union
( EU ) to provide financial support to farmers and land managers in Member States.
These instruments will change the retained EU CAP cross-cutting ( Horizontal )
regulations to enable it to work effectively after EU Exit. They will create an
agricultural legal framework in the UK that will enable the following land
management support measures to continue to work effectively after EU Exit:
i. Direct Payments to farmers (CAP Pillar 1);
ii. Rural Development Programme schemes (Countryside Stewardship and
Environmental Stewardship) (CAP Pillar 2); and
iii. Market support and responding to a market crisis in the agricultural sector, as
provided for under retained EU CAP Common Organisations of Agricultural
Markets ( CMO ) legislation (CAP Pillar 1).

Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019

13/02/2019

DAERA

The Common Agricultural Policy ( CAP ) was created by the European Union
( EU ) to provide financial support to farmers and land managers in Member States.
These instruments will change the retained EU CAP cross-cutting ( Horizontal )
regulations to enable it to work effectively after EU Exit. They will create an
agricultural legal framework in the UK that will enable the following land
management support measures to continue to work effectively after EU Exit:
i. Direct Payments to farmers (CAP Pillar 1);
ii. Rural Development Programme schemes (Countryside Stewardship and
Environmental Stewardship) (CAP Pillar 2); and
iii. Market support and responding to a market crisis in the agricultural sector, as
provided for under retained EU CAP Common Organisations of Agricultural
Markets ( CMO ) legislation (CAP Pillar 1).

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

13/02/2019

DAERA

The Common Fisheries Policy (CFP) imposes a common approach to the sustainable
management of fisheries across the European Union and its waters (currently UK
waters are part of EU waters). This instrument makes corrections to retained EU law
so that it can operate effectively after the United Kingdom leaves the European
Union.
This instrument makes a series of amendments to transfer legislative functions that are
currently exercisable by European Union entities, in particular the European
Commission. The functions are transferred so that they will be exercisable instead by
fisheries administrations in the United Kingdom.
This instrument also makes amendments to provisions contained in an EU Regulation
governing aquaculture practices, to transfer European Commission powers to United
Kingdom fisheries administrations; and it contains minor consequential amendments
to The Sea Fishing (Enforcement) Regulations 2018.

Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019

13/02/2019

DAERA

This instrument amends retained European Union ( EU ) legislation relating to the
common organisation of agricultural markets ( Common Market Organisation  or
CMO ) with a common objective of, directly or indirectly, supporting prices
received by agricultural producers. This instrument will address operability issues
created by the United Kingdom ( UK ) leaving the EU relating to reserved policy
areas in the CMO to ensure that the CMO can continue to operate effectively after EU
Exit.
The instrument will also address operability issues created by the UK leaving the EU
in relation to the reserved policy area of checks relating to protected designations of
origin and geographical indications in the EU Common Agricultural Policy ( CAP )
cross-cutting ( Horizontal ) legislation.

Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019

13/02/2019

DAERA

This Explanatory Memorandum covers four statutory instruments which together
amend retained European Union ( EU ) legislation relating to the Common Market
Organisation ( CMO ) with a common objective of, directly or indirectly, supporting
prices received by agricultural producers, and the Agri-Promotion scheme. These
instruments will address operability issues created by the United Kingdom ( UK )
leaving the EU. These instruments will ensure that the CMO can continue to operate
effectively after EU Exit.
2.2 The four instruments are as follows:
¢ The Common Organisation of the Markets in Agricultural Products
Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019,
¢ The Market Measures (Marketing Standards) (Amendment) (EU Exit)
Regulations 2019,
¢ The Market Measures Payment Schemes (Miscellaneous Amendments) (EU
Exit) Regulations 2019,
¢ The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit)
Regulations 2019.
These four instruments amend the retained EU legislation providing rules for the
functioning and administration of the Common Organisation of Agricultural Markets
and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal)
Act 2018.

Criminal Procedure (Amendment) (EU Exit) Regulations 2019

13/02/2019

Justice

These Regulations amend the Crown Court Rules (Northern Ireland) 1979, the
Magistrates' Courts Rules (Northern Ireland) 1984 and the Criminal Procedure Rules
2015 (that apply respectively, in Northern Ireland and England and Wales). They are
made using powers in the European Union (Withdrawal) Act 2018 and address
deficiencies in the relevant legislation that arise from the withdrawal of the United
Kingdom from the European Union, and amendments made by other instruments
made under powers conferred by that Act. They remove from those procedure rules
references to provisions that will be repealed, revoked or disapplied by the Act and by
those other instruments.

Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019

13/02/2019

DAERA

The majority of this instrument corrects retained EU law on Geographical Indication
(GI) schemes. The remainder makes a small number of non-GI provisions on sector
standards for wines and spirits and on veterinary medicines.
GIs are a form of intellectual property protection for the names of agricultural, food
and drink products, the qualities or characteristics of which are attributable to the
region or locality where they are produced and/or the traditional methods by which
they are produced. Examples include Scotch Whisky, Welsh Lamb and Kentish Ale
and Lough Neagh Eels.

Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019

13/02/2019

DAERA

This Explanatory Memorandum covers four statutory instruments which together
amend retained European Union ( EU ) legislation relating to the Common Market
Organisation ( CMO ) with a common objective of, directly or indirectly, supporting
prices received by agricultural producers, and the Agri-Promotion scheme. These
instruments will address operability issues created by the United Kingdom ( UK )
leaving the EU. These instruments will ensure that the CMO can continue to operate
effectively after EU Exit.
The four instruments are as follows:
¢ The Common Organisation of the Markets in Agricultural Products
Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019,
¢ The Market Measures (Marketing Standards) (Amendment) (EU Exit)
Regulations 2019,
¢ The Market Measures Payment Schemes (Miscellaneous Amendments) (EU
Exit) Regulations 2019,
¢ The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit)
Regulations 2019.
These four instruments amend the retained EU legislation providing rules for the
functioning and administration of the Common Organisation of Agricultural Markets
and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal)
Act 2018.

Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019

13/02/2019

DAERA

This Explanatory Memorandum covers four statutory instruments which together
amend retained European Union ( EU ) legislation relating to the Common Market
Organisation ( CMO ) with a common objective of, directly or indirectly, supporting
prices received by agricultural producers, and the Agri-Promotion scheme. These
instruments will address operability issues created by the United Kingdom ( UK )
leaving the EU. These instruments will ensure that the CMO can continue to operate
effectively after EU Exit.
The four instruments are as follows:
¢ The Common Organisation of the Markets in Agricultural Products
Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019,
¢ The Market Measures (Marketing Standards) (Amendment) (EU Exit)
Regulations 2019,
¢ The Market Measures Payment Schemes (Miscellaneous Amendments) (EU
Exit) Regulations 2019,
¢ The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit)
Regulations 2019.
These four instruments amend the retained EU legislation providing rules for the
functioning and administration of the Common Organisation of Agricultural Markets
and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal)
Act 2018.

Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019

13/02/2019

DAERA

This Explanatory Memorandum covers four statutory instruments which together
amend retained European Union ( EU ) legislation relating to the Common Market
Organisation ( CMO ) with a common objective of, directly or indirectly, supporting
prices received by agricultural producers, and the Agri-Promotion scheme. These
instruments will address operability issues created by the United Kingdom ( UK )
leaving the EU. These instruments will ensure that the CMO can continue to operate
effectively after EU Exit.
The four instruments are as follows:
¢ The Common Organisation of the Markets in Agricultural Products
Framework (Miscellaneous Amendments) (EU Exit) Regulations 2019,
¢ The Market Measures (Marketing Standards) (Amendment) (EU Exit)
Regulations 2019,
¢ The Market Measures Payment Schemes (Miscellaneous Amendments) (EU
Exit) Regulations 2019,
¢ The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit)
Regulations 2019.
These four instruments amend the retained EU legislation providing rules for the
functioning and administration of the Common Organisation of Agricultural Markets
and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal)
Act 2018.

Organic Production and Control (Amendment) (EU Exit) Regulations 2019

13/02/2019

DAERA

This instrument ensures that organic standards remain the same as now for organic
operators within the UK by amending deficiencies within the retained EU legislation.

Agriculture (Legislative Functions) (EU Exit) (No.2) Regulations 2019

14/02/2019

DAERA

This instrument amends provisions of European Union ( EU ) legislation relating to
the EU Common Agricultural Policy ( CAP ), the Common Organisation of
Agricultural Markets ( CMO ) and organic food and feed, which are currently carried
out by the European Commission ( the Commission ). Under the amendments, these
functions will instead be exercisable by public authorities in the United Kingdom
( UK ). This will enable these legislative functions to continue to be used at a
national level after the UK leaves the EU.

Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

14/02/2019

DAERA

The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations
amends domestic regulations, retained and directly applicable EU regulations and
directly applicable EU decisions, which implement different European regulations and
directives related to: i) natural mineral waters ( NMWs ), ii) spirits; iii) food
labelling; iv) wines and aromatised wines; v) genetically modified organisms (release
to the environment) ( GMOs ); and vi) animal health to ensure that the existing policy
regimes can continue to operate effectively after the UK leaves the EU

Food and Farming (Amendment) (EU Exit) Regulations 2019

14/02/2019

DAERA

This cross-cutting instrument makes a range of minor amendments to EU legislation
on wine and spirit drinks that were settled in the EU too late to be included in earlier
negative instruments.
This instrument also makes minor amendments to previously laid EU Exit instruments
to make corrections, specifically:
? The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations
2019 (S.I. 2019/88)
? The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I.
2019/90)
? The Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit)
Regulations 2019 (S.I. 2019/190)
? The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU
Exit) Regulations 2019 (SI 2019/207)
? The Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU
Exit) Regulations 2019 (SI 2019/208).
These amendments are being made to ensure that the most up to date regulations will
continue to operate effectively after the UK leaves the EU.

Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

14/02/2019

Justice

This instrument is made using powers in the European (Withdrawal) Act 2018 (the
Withdrawal Act). It amends the Jurisdiction and Judgments (Family) (Amendment
etc.) (EU Exit) Regulations 2019 to ensure that, in England and Wales and Northern
Ireland, the court's jurisdiction to determine a financial remedy application and the
type of financial remedy the court can order under the Children Act 1989 and the
Children (Northern Ireland) Order 1995 are not narrowed as a result of European
Union (EU) exit.

Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019

18/02/2019

Infrastructure

The instrument amends the Railways (Access, Management and Licensing of Railway
Undertakings) Regulations 2016 (the 2016 Regulations ), as amended by the
Railways (Access, Management and Licensing of Railway Undertakings)
(Amendment) Regulations 2019 (the 2019 Regulations ), to rectify deficiencies that
will arise from the United Kingdom's (UK's) exit from the European Union (EU).
Additionally, it will make appropriate corrections to four pieces of directly applicable
tertiary legislation and revoke three pieces of directly applicable tertiary legislation to
reflect the UK's departure from the EU

Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019

26/02/2019

Infrastructure

This instrument remedies deficiencies in Northern Ireland domestic law in the field of
drivers' hours and tachographs for the carriage of goods and passengers by road,
arising from the withdrawal of the UK from the EU. These amendments are made
under the European Union (Withdrawal) Act 2018 ( the EU Withdrawal Act ).
This instrument makes separate amendments to the International Road Transport
Permits (EU Exit) Regulations 2018 ( the Permits Regulations ) to correct an error in
regulation 28(2) of those Regulations to provide that the 20 working day time-limit
for making an appeal applies to appeals to a traffic commissioner in Great Britain. A
new sub-paragraph (3A) is also inserted to allow for the period of time in which an
appellant must be informed of the outcome of an appeal to be extended.

Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019

26/02/2019

Infrastructure

This instrument amends the Railways (Interoperability) Regulations 2011 (S.I.
2011/3066) (the Principal Regulations ), which transpose EU Directive 2008/57/EC
on the interoperability of the European rail system. The purpose of the amendments being made is to correct deficiencies that arise with
the Principal Regulations as a result of the United Kingdom ( UK ) leaving the EU
and to ensure that a clear and accessible legal framework continues to underpin the
UK's railway interoperability regime. This includes the creation of a framework for
the Secretary of State to publish technical specification notices containing UK rail
technical standards.

Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

28/02/2019

DAERA

This instrument makes the minimum necessary technical fixes to the landing
obligation, to maintain the same conservation requirements that currently exist.
It also amends provisions on prohibitions on fishing for certain species in certain
areas so that these prohibitions continue to have effect in UK law. Furthermore, it
revokes provisions which put into law the fishing opportunities that are set by the EU
for the UK, as it will no longer be appropriate for these to apply to the UK once it is
not a member of the EU (instead, the Secretary of State will set fishing opportunities
for the UK).

Conformity Assessment (Mutual Recognition Agreements) Regulations 2019

28/02/2019

Economy

These Regulations will provide explicit recognition in UK legislation for conformity
assessment (product safety compliance) against EU regulations carried out by bodies
in third countries that have entered into a Mutual Recognition Agreement (MRA), or a
trade agreement including provisions on conformity assessment (collectively referred
to as Agreements), with the European Union (EU).
These Regulations will provide certainty that relevant goods that are conformity
assessed by bodies in third countries that are recognised under the Agreements, can be
placed on the UK market pre-exit. By making it clear that conformity assessment by
certain bodies in these third countries should be treated as if it had been carried out by
a body under EU law, these Regulations will also ensure that these products can
continue to be placed on the UK market after exit, under the relevant EU Exit
legislation.
The countries with Agreements covered by this measure are Australia, New Zealand,
Canada, USA, Japan, Switzerland, Turkey, South Korea and Israel.

Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) Regulations 2019

11/03/2019

DAERA

This instrument makes simple changes to domestic legislation to ensure that Scottish
Government and its agencies can continue to control fishing and marine dredging (for
the extraction of minerals) in the Scottish zone after EU Exit. This instrument amends
The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999
and The Scotland Act 1998 (Modifications of Functions) Order 1999.

Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019

12/03/2019

Infrastructure

The European Union has regulated many areas of maritime policy, and, where
necessary, the United Kingdom has introduced legislation to give effect to such EU
measures. The European Union (Withdrawal) Act 2018 ( the Withdrawal Act ) will
retain such legislation in UK law. This instrument makes a number of amendments
designed to ensure that the relevant UK secondary legislation continues to operate
effectively and does not contain provisions which are no longer required once the UK
leaves the EU.
This instrument amends secondary legislation relating to boatmasters' licensing and
technical requirements for inland waterway vessels.

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

14/03/2019

Economy

The Instrument revokes the retained EU law  version of the Geo-Blocking
Regulation (Regulation 2018/302) and revokes the Geo-Blocking (Enforcement)
Regulations 2018. These revocations are being made in order to address deficiencies
arising as a result of the UK's withdrawal from the EU.

Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019

18/03/2019

Food Standards Agency

The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit)
Regulations 2019 (this instrument) is intended to address a range of remaining
deficiencies in retained EU law relating to food and animal feed. These are more
minor deficiencies which have not been addressed in the fifteen earlier exit related
statutory instruments which have been presented to Parliament by Health and Social
Care ministers, and to deal with very recent changes which have been made to EU
law, and which could not have been addressed in the earlier instruments. The
provisions relate to transitionary elements and clarifications for the policy areas listed
in para 6.2. These amendments will facilitate trade and the functioning of retained law
after the UK has left the EU.
Currently, EU law relating to food and feed safety are implemented or enforced in the
UK by a number of statutory instruments, covering several policy areas. The aim of
this instrument is to complement those provisions through the miscellaneous
amendments that are detailed at para 7.3, ensuring their operability and continued
safety of food and animal feed after the UK has left the EU.

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

22/03/2019

Economy

These Regulations amend the Greenhouse Gas Emissions Trading Scheme
Regulations 2012 ( the 2012 Regulations ), which transpose the provisions of
Directive 2003/87/EC establishing a system for greenhouse gas emission allowance
trading within the Union ( the EU ETS Directive ). These Regulations will amend the
EU Emissions Trading System (EU ETS) compliance cycle deadline for UK
participants for the 2018 scheme year. The surrender deadline is changed to 10.59 pm
on 29th March 2019. It is further moved to (i) immediately before the UK's exit from
the EU if exit day  within the meaning of the European Union (Withdrawal) Act
2018 is changed so that it falls on a day before 1st May 2019; or (ii) to 30th April
2019 if exit day  within the meaning of the European Union (Withdrawal) Act 2018
is changed so that it falls on or after 1st May 2019. These deadlines also apply if,
before the new surrender deadline, exit day  is subsequently changed again.

Road Vehicles and Non-Road Mobile Machinery (Type Approval) (Amendment) (EU Exit) (No. 2) Regulations 2019

27/03/2019

Infrastructure

The purpose of this instrument is to bring forward to 29 March 2019 the
commencement of Part 3 of the Road Vehicles and Non-Road Mobile Machinery
(Type Approval) (Amendment) (EU Exit) Regulations 2019 ( the 2019
Regulations ). An erroneous version of this instrument, in a form other than that
approved by resolution of each House of Parliament, was initially made and registered
as S.I. 2019 No. 490. That instrument has now been withdrawn, and the correct
version made as S.I. 2019 No. 648. If the commencement of Part 3 of that instrument
were not now brought forward to 29 March 2019, the instrument's commencement
provisions would not operate correctly.

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

04/04/2019

Economy

This instrument revokes Regulation (EU) No 1287/2013 establishing a Programme for
the Competitiveness of Enterprises and small and medium-sized enterprises
(COSME), in order to address failures of retained EU law as provided for by the
European Union (Withdrawal) Act 2018.

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

05/04/2019

DAERA

The purpose of this instrument is to make technical corrections to four EU Exit
instruments relating to the withdrawal of the UK from the EU that have been laid after
approval by both Houses of Parliament.
The first amended instrument, the Import of and Trade in Animals and Animal
Products (Amendment etc.) (EU Exit) Regulations 2019 ( the Imports instrument ),
makes operability amendments to forty-six EU Regulations, Decisions and
implementing and delegated instruments in relation to trade in animals and animal
related products.
The second amended instrument, the Invasive Non-native Species (Amendment etc.)
(EU Exit) Regulations 2019 ( the Invasive Species instrument ), makes operability
amendments to the main 2014 EU Regulation (1143/2014), and implementing and
delegated instruments under it, relating to the prevention and management of the
introduction and spread of invasive non-native species.
The third and fourth amended instruments relate to aquatic animal health and alien
and locally absent species in aquaculture ( the Aquatics instruments ). These are (a)
the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England
and Wales) (EU Exit) Regulations 2019 (S.I 2019/452), which makes operability
amendments to the Aquatic Animal Health (England and Wales) Regulations 2009
(S.I. 2009/463), and (b) the Aquatic Animal Health and Alien Species in Aquaculture
(Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), which amends
retained direct EU legislation and makes modifications to Directive 2006/88/EC for
the purposes of references to that Directive in any enactment.
No policy changes are being introduced by the corrective amendments in this
instrument, which are technical in nature to ensure that retained EU law operates as
intended.

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

05/04/2019

DAERA

This instrument amends five EU Exit statutory instruments previously laid by Defra to
ensure that:
a. Recent amendments by the European Commission ( the Commission ) to
European Union ( EU ) Common Agricultural Policy ( CAP ) legislation are
fully reflected in United Kingdom ( UK ) law at the point of EU Exit; and
b. Minor drafting errors in CAP-related EU Exit statutory instruments are
corrected before these instruments come into effect.
The statutory instruments amended by this instrument in order to take account of
recently introduced EU legislation relating to CAP Direct Payments and marketing
standards in the fruit and vegetables sectors, are:
¢ The Common Agricultural Policy (Direct Payments to Farmers) (Amendment)
(EU Exit) Regulations 2019, which themselves amend retained EU legislation
relating to Direct Payments to farmers provided under agricultural support
schemes within the CAP; and
¢ The Market Measures (Marketing Standards) (Amendment) (EU Exit)
Regulations 2019, which themselves amend retained EU legislation relating to
marketing standards in the fruit and vegetables sectors provided under the
Common Organisation of Agricultural Markets ( CMO ) framework of the
CAP.

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

05/04/2019

Economy

In the event that the UK withdraws from the EU without a deal ( ˜No Deal'), the UK would not have an agreement in place to continue participating in the EU Emissions Trading System (EU ETS), which would create inoperabilities in existing legislation. The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/107) revoked certain provisions that will cease to apply on exit day and amended others to address those inoperabilities. This instrument maintains, and makes technical fixes to, the elements of the EU ETS
which will continue operate after exit, namely the Monitoring, Reporting and
Verification ( ˜MRV') of greenhouse gas emissions. As well as ensuring transparency
over greenhouse gas emissions, MRV will also provide information to allow the
implementation of a ˜Carbon Emissions Tax' by HM Treasury (announced in the 2018
Budget and legislated for separately in the Finance Act 2019). In the absence of the EU
ETS, the Carbon Emissions Tax will maintain a carbon price for industry in the event
that the UK withdraws from the EU without a deal until a long-term alternative is
established. The Carbon Emissions Tax is therefore without prejudice to any future
decision on the UK's future approach to carbon pricing in the longer term; the UK is
considering the options, including continuing to participate in the EU ETS, a UK ETS
(linked or standalone) or a carbon tax.

Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019

23/05/2019

DAERA

This instrument corrects a number of minor errors in other instruments, and makes some additional amendments to correct deficiencies in domestic legislation arising as a result of the UK ™s exit from the European Union. It amends:
¢ the Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25) ( the EIA (EU Exit) Regulations ), which relates to Environmental Impact Assessment (EIA), in the fields of agriculture and marine works;
¢ the Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39) ( the EPR (EU Exit) Regulations );
¢ the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188) ( Waste (EU Exit) (No. 2) Regulations );
¢ the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620) ( the Waste (EU Exit) Regulations ).

The Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

04/06/2019

Economy

This instrument amends the Electricity Network Codes and Guidelines
(System Operation and Connection) (Amendment etc.) (EU Exit) Regulations 2019 (S.I.
2019/533) and will help ensure that legislation governing the UK ™s energy systems will
function effectively in the event that the UK leaves the European Union ( ˜EU ™) without
a withdrawal agreement in place on 31 October 2019. It ensures that three Commission
Regulations for electricity connection codes become retained EU law. These codes did
not apply in full before an exit date of 29 March 2019 but they will now apply in full
before exit as a result of the Article 50 extension to 31 October 2019.
The Requirements for Generators (RfG) is established by Commission Regulation (EU)
2016/631 and will become retained direct EU law in full as it has a compliance date of
27 April 2019.
The Demand Connection Code (DCC) is established by Commission
Regulation (EU) 2016/1388 and will become retained direct EU law in full as it has a
compliance date of 17 August 2019.
The High Voltage Direct Current (HVDC) code is established by Commission
Regulation (EU) 2016/1447 and will become retained direct EU law in full as it has a
compliance date of 26 August 2019.

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

07/06/2019

DAERA

This instrument transfers a series of legislative functions that are currently conferred
by European Union ( EU ) Directives upon the European Commission ( the
Commission ), to be exercisable instead by public authorities in the United Kingdom
( the UK ), so that they can be exercised at national level after the UK leaves the EU.

European Grouping of Territorial Cooperation (EU Exit) Regulations 2019

18/06/2019

Economy

This instrument is being made using powers in the European Union (Withdrawal) Act
2018 in order to address failures of retained EU law and other deficiencies arising
from the withdrawal of the United Kingdom from the EU. It enables UK public
authorities to continue to take part in European Groupings of Territorial Cooperation
if they wish once the UK has left the EU.

Pesticides (Amendment) (EU Exit) Regulations 2019

19/06/2019

DAERA

This instrument makes a number of amendments to the retained direct EU legislation
which forms the plant protection product and maximum residue level ( ˜MRLs ™)
regulatory regimes, so that they can continue to operate effectively after the United
Kingdom leaves the European Union. Some of the required amendments are as a
consequence of the change in exit day  from 29th March which impacts on various
dates specified in the retained law. Further new EU legislation has also come into
force during the extension period, which needs to be amended in order to correct
deficiencies arising from exiting the European Union. This instrument also fixes a
number of errors in earlier instruments made under section 8(1) of the European
Union (Withdrawal) Act 2018 ( ˜the Withdrawal Act ™).

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) (No. 3) Regulations 2019

01/07/2019

Infrastructure

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a) and (g) of section 8(2))
arising from the withdrawal of the United Kingdom from the European Union. They amend the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) ( the principal Regulations ) to ”

” vary the period during which the increase in permitted production limits for National Small Series Type Approval provided for by the principal Regulations applies. This is necessary due to the change in exit day from the original 29th March 2019. (See regulation 2(a).)
” replace the multiplication factor applied to the figures in Table 1 of Regulation 25 of the Road Vehicles (Approval) Regulations 2009 (S.I. 2009/717) by the principal Regulations relating to vehicle categories M1 and N1 with a limit of 1000 vehicles. (See regulation 2(a).) The multiplication factor applied to figures relating to all other vehicle categories remains as provided for by the Principal Regulations.
” revoke Regulation (EU) 2019/26 (which makes provision in EU legislation for the United Kingdom ™s withdrawal from the European Union) and make transitional provision in respect of that revocation. (See regulation 2(b).)
The net costs imposed on business, the voluntary sector and the public sector by these Regulations have been assessed as being less than £5m in any year and therefore a full impact assessment has not been prepared.

Cableway Installations (Amendment) (EU Exit) Regulations 2019

02/07/2019

Infrastructure

The instrument corrects deficiencies in the Cableway Installations Regulations 2018
(S.I. 2018/816) (the 2018 Regulations ) and directly applicable EU Regulation
2016/424 (the EU Regulation ) which will arise from the UK ™s exit from the
European Union. It is being made to give clarity and certainty to industry that the
2018 Regulations and the EU Regulation continue to operate efficiently in the event
of the UK leaving the European Union without an agreed deal with the EU.

European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals) (EU Exit) Regulations 2019

02/07/2019

Executive Office

The purpose of this instrument is to ensure that the UK statute book works coherently and effectively following the UK ™s withdrawal from the EU. It clarifies how certain terms, including EU-related definitions, should be interpreted in domestic legislation on or after exit day. This instrument also clarifies how non-ambulatory cross-references to EU legislation should be read where such references relate to a time before exit day. Non-ambulatory references are references which are not automatically updated. The regulations make technical repeals to redundant provisions within primary legislation arising from the European Union (Withdrawal) Act 2018 ( the EUWA ). These are primarily repeals of amending provisions, in particular relating to the European Communities Act 1972 ( the ECA ), where the EUWA has already provided for the repeal of the amended provisions. The purpose of the repeals in these Regulations is to tidy up the statute book and they have no substantive effect.

Food and Drink (Amendment) (EU Exit) Regulations 2019

10/07/2019

DAERA

These regulations primarily amend wine legislation but also make minor operational
amendments to food information rules. This legislation will make necessary changes to EU regulations to ensure that laws in
this area will remain operable after the UK leaves the EU.
The SI will make various changes to ensure that provisions concerning the trade in wines,
monitoring production and maintaining records will operate correctly after EU Exit. It
will ensure that the responsibilities for monitoring and controls are re-allocated
appropriately taking into account the UK ™s transition from being a singular Member
State to being UK devolved governments. It will also set out various changes that will reflect the interdependencies with other
legislation, primarily that made by HMRC to ensure that transition from Single
Customs Union controls to UK specific customs controls operate correctly.

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

10/07/2019

Economy

The purpose of the instrument is to deal with deficiencies arising from the United
Kingdom ™s withdrawal from the European Union. It does this by making
amendments to Schedule 5 of the Gas (Security of Supply and Network Codes)
(Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531) ( the 2019 Regulations ).
The 2019 Regulations make amendments to Commission Regulation (EU) 2017/460
which establishes a network code on harmonised transmission tariff structures for gas
( TAR ). This instrument is required as a result of changes to what will be retained
EU law on exit day as a consequence of the postponement of exit day beyond 31 May
2019, the date from which Chapters II, III and IV of TAR apply.

Freedom of Establishment and Free Movement of Services (EU Exit) Regulations 2019

11/07/2019

Economy

The Freedom of Establishment and Free Movement of Services (EU Exit) Regulations
2019 ( ˜this Instrument ™) disapplies provisions on freedom of establishment and the
free movement of services which continue as directly effective rights in domestic law,
by virtue of section 4 of the European Union (Withdrawal) Act 2018. The Instrument
is being made using powers in the European Union (Withdrawal) Act 2018, in order
to address deficiencies in retained European Union (EU) law arising as a result of the
withdrawal of the United Kingdom (UK) from the EU.

Statutory Auditors, Third Country Auditors and International Accounting Standards (Amendment) (EU Exit) Regulations 2019

15/07/2019

Economy

This instrument is primarily being made using powers in the European Union
(Withdrawal) Act 2018 (c. 16), as well as other domestic powers in the Deregulation
Act 2015, the Companies Act 2006 (c. 46) (including some that were introduced by
the Statutory Auditors and Third Country Auditors (Amendment) (EU Exit)
Regulations 2019 (SI 2019/177 - the audit regulations )) and the Limited Liability
Partnerships Act 2000 (c. 12). This instrument continues the process of addressing
failures of retained EU law to operate effectively and other deficiencies arising from
the withdrawal of the United Kingdom (UK) from the European Union (EU). This is
intended to ensure that the frameworks for the application of international accounting
standards under UK law, and for regulatory oversight and professional recognition of
statutory auditors and third country auditors in the UK, work effectively following the
UK ™s withdrawal from the EU.

Fisheries, Aquaculture and Marine (Functions Exercisable in or as Regards Scotland) (Amendment) (EU Exit) (No. 2) Regulations 2019

18/07/2019

DAERA

This instrument makes simple changes to domestic legislation to ensure that the
Scottish Government and its agencies can continue to control fishing and marine
dredging (for the extraction of minerals) in the Scottish zone after EU Exit. This
instrument amends the Scotland Act 1998 (Functions Exercisable in or as Regards
Scotland) Order 1999 and the Scotland Act 1998 (Modifications of Functions) Order
1999.
This instrument revokes and replaces a largely identical instrument: the Fisheries,
Aquaculture and Marine (Functions Exercisable in or as Regards Scotland)
(Amendment) (EU Exit) Regulations 2019 ( the original Regulations ). This
instrument is being made to ensure there is no doubt in relation to compliance with
the requirements of paragraph 3(2) of Schedule 7 to the European Union
(Withdrawal) Act 2018. The commencement provisions in the original Regulations
were amended after the Committees referred to in paragraph 3(4) of Schedule 7 to that
Act (the Sifting Committees) had made their recommendations as to the appropriate
procedure for that instrument. As a result, the Joint Committee on Statutory
Instruments drew the original Regulations to the attention of both Houses on the
grounds that there appeared to be doubt over the power to make them. This instrument
revokes the original Regulations before they were due to come into force, thereby
addressing the points raised by the Joint Committee.

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

22/07/2019

Economy

The Regulations make amendments to the Insolvency (Amendment) (EU Exit)
Regulations 2019 which are required as a result of the extension to the UK ™s exit from
the EU.
The majority of the amendments arise from the introduction of new Scottish
Insolvency Rules, which came into force on 6 April 2019, and which the previous SI
could not address. Not amending these new rules to take account of EU exit would
create uncertainty for businesses and consumers in Scotland, and an inefficient
insolvency process “ undermining confidence and the UK insolvency regime ™s
reputation.
Additionally, Article 25 of the EU Insolvency Regulation 2015 (EUIR), which came
into force on 26 June 2019, and so could not be revoked by the previous SI, will
require revocation so as to be clear that there is no legal obligation to integrate UK
insolvency registers with the EU.

Plant Health (Amendment etc.) (EU Exit) Regulations 2019

22/07/2019

DAERA

This instrument makes technical changes to earlier EU Exit SIs to take account of
various recent EU instruments relating to plant health. It will ensure that this recent EU
legislation forms part of the retained EU law relating to plant health on exit day. It also
amends primary legislation relating to plant health to remove references to EU
obligations.

Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019

24/07/2019

DAERA

This SI and the Common Organisation of the Markets in Agricultural Products (Transitional Arrangements etc.) (Amendment) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which
itself amends retained European Union ( EU ) legislation relating to the Common Agriculture Policy ( CAP ) to enable it to work effectively after the UK ™s withdrawal from the EU.
The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies.
A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum.

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

24/07/2019

DAERA

This SI and the Common Agricultural Policy and Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 amend existing domestic secondary legislation, which
itself amends retained European Union ( EU ) legislation relating to the Common Agriculture Policy ( CAP ) to enable it to work effectively after the UK ™s withdrawal from the EU.
The amendments make minor corrections to these instruments, including relating to transitional arrangements after EU Exit, to ensure that the instruments are able to function as intended, removing ambiguities and inconsistencies.
A full list of the domestic legislation being amended by these instruments can be found at section 1 of Annex 2 of the instruments' explanatory memorandum.

Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019

24/07/2019

DAERA

This statutory instrument amends the Environment and
Wildlife (Legislative
Functions) (EU Exit) Regulations 2019 ( ˜SI 2019/473 ™). This is to ensure that the
Secretary of State can set out the detail of key derogations in Commission Regulation
(EC) No 865/2006 by regulations, rather than ˜in writing ™, which may restrict the
powers of the Secretary of State to simply making administrative measures. It also
provides for regulations made by the Secretary of State in respect of those derogations
to be subject to parliamentary scrutiny under the negative resolution procedure.

Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019

25/07/2019

DAERA

This instrument amends provisions of European Union ( EU ) legislation relating to
the EU Common Agricultural Policy ( CAP ) and the Common Organisation of
Agricultural Markets ( CMO ), including in particular a number of legislative
functions which are currently carried out by the European Commission ( the
Commission ). Under the amendments, these functions will instead be carried out by
public authorities in the United Kingdom ( UK ). This will enable these legislative
functions to continue to be used at a national level after the UK leaves the EU.

Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019

25/07/2019

DAERA

This instrument amends retained European Union ( EU ) legislation relating to the
common organisation of agricultural markets ( Common Market Organisation  or
CMO ). This instrument will address operability issues created by the United
Kingdom ( UK ) leaving the EU. This instrument will ensure that the CMO can
continue to operate effectively after EU Exit.
This instrument also makes minor amendments to retained EU law relating to support
for rural development and the maritime and fisheries fund. This is to address operability
issues created by EU Exit and ensures that the retained EU law can continue to operate
effectively in a UK context.

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

05/09/2019

DAERA

This instrument makes a number of technical changes to existing instruments and
takes into account recent changes to EU legislation that were settled in the EU too late
to be included in earlier EU Exit SIs. It also corrects minor errors in earlier EU Exit
statutory instruments. It will ensure that retained EU law continues to operate
effectively after the UK leaves the EU.
This instrument makes minor amendments to previously laid EU Exit instruments
in the following subject areas:
¢ In Part 2, Transmissible Spongiform Encephalopathies ( TSEs ) and Animal
By-Products ( ABPs ); and
¢ In Part 3, Genetically Modified Organisms ( GMOs )

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

05/09/2019

DAERA

The purpose of this instrument is to make technical operability changes under Section 8
of the European Union (Withdrawal) Act 2018 ( the Withdrawal Act ) to existing EU
legislation. Relevant EU legislation delegates to the EU Commission the legislative
power to add, vary or remove a country from lists of approved third countries. This
instrument makes these legislative powers that are contained within EU Directives
operable upon EU withdrawal and allows the UK to align with the EU and approve
third countries for the purpose of animal and product imports.
This instrument supports the UK ™s application to be listed as a third country by the EU
for live animals and animal products. The UK ™s application was approved by the EU in
April 2019 as having met the minimum requirements at that time. Given the change in
exit day to 31st October 2019, we are using this opportunity to ensure we are as
prepared as we can be to support all possible requirements of listing.
In transferring EU Commission powers to approve third countries for the purpose of
animal and product imports, this will ensure the UK could adapt its own list of
approved countries to retain its EU listing, should the long-term situation change after
exit day. It will also allow for the longer-term removal of third countries from our
approval list, should their biosecurity risk change significantly after exiting the EU,
supporting our existing powers to exercise import controls.
Parts 2 and 3 of this instrument transfer these delegated legislative powers from the
Commission to the Secretary of State if consent is given by the Welsh Ministers in
relation to Wales, the Scottish Ministers in relation to Scotland, and the Department of
Agriculture, Environment and Rural Affairs ( DAERA ) in relation to Northern Ireland
following their involvement in an assessment of the suitability of a third country to be
approved to export such goods and animals into the United Kingdom.
Parts 4 and 5 of this instrument also makes further operability amendments to a
previously made EU exit statutory instrument, and into domestic regulations in England
and Northern Ireland relating to the trade in animals and animal products. No policy
changes are being introduced by these amendments, which are technical in nature.
However, the Secretary of State with the consent of devolved appropriate authorities
may publish lists of those animals and products that require or are exempted from
border veterinary checks.
Part 6 makes an amendment to correct a cross-reference to the Veterinary Surgeons and
Animal Welfare (Amendment) (EU Exit) Regulations 2019 ( ˜the Veterinary Surgeons
Instrument ™).

Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019

09/09/2019

Food Standards Agency

The Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit)
Regulations 2019 ( the instrument ) is being made to refine an amendment to retained
EU law made by the Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations
2019 (SI 2019 No. 640)
The refinement concerns the process for approval of substances which may be used to
remove surface contamination from products of animal origin. The process is
presently set out in EU law as part of Regulation (EC) No. 853/2004 laying down
specific hygiene rules for food of animal origin.

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

03/10/2019

Health/FSA

This instrument makes provision for the purpose of implementing healthcare
arrangements between the United Kingdom (UK) and European Economic Area
(EEA) states, Switzerland (Member States) or an international organisation (for
example, the European Union (EU)) after the UK leaves the EU in a no deal scenario.
It also makes provision for the making of payments in respect of the cost of healthcare
provided in Member States. It does this by conferring functions on certain bodies,
including the NHS Business Services Authority (the NHS BSA), and requiring them
to give effect to healthcare arrangements. The instrument also confers functions on the
NHS BSA for the purposes of implementing any arrangements made with Member
States to transitionally continue reciprocal healthcare provision under current EU
Regulations which were continued by the Social Security Coordination (Reciprocal
Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (the EU Exit Reciprocal
Healthcare Regulations).

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

07/10/2019

DAERA

The Common Fisheries Policy ( CFP ) imposes a common approach to the
sustainable management of fisheries across the EU and its waters. Three statutory
instruments made in early 2019 under powers in the European Union (Withdrawal)
Act 2018 ( EUWA ) made corrections to ensure retained CFP legislation would
operate effectively on the UK ™s withdrawal from the EU when exit day was specified
as 29th March 2019. This instrument is required to ensure retained EU law operates
effectively following the exit day extension period.
This further instrument is required in relation to three categories of amendments: (a) Amendments required to account for new EU CFP legislation which has come into force since 29th March 2019; (b) Amendments to EU legislation previously de-prioritised due to its non-essential nature that can be amended during the extension period before the new exit day; (c) Minor corrections required to previous statutory instruments made under the EUWA (mentioned above) due to typographic and other errors.

Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

07/10/2019

Infrastructure

The main purpose of this instrument is to introduce a transitional two year period after
Brexit during which EU Part A safety certificates issued by EU member states before
Brexit will continue to be recognised for the purpose of operating trains on the
mainline railway in Great Britain, thereby supporting a smooth and effective
transition. The instrument also corrects deficiencies that will arise when the UK
leaves the EU in various pieces of domestic legislation, as well as directly applicable
EU implementing and delegated legislation. This includes making amendments to
previous rail Brexit instruments, so that they correct deficiencies in directly applicable
EU implementing and delegated rail legislation that has come into effect since 12
April 2019. This will help ensure that business has certainty and clarity about the
affected parts of the rail legislative regime.

Welfare of Animals at the Time of Killing (England and Northern Ireland) (Amendment) (EU Exit) Regulations 2019

07/10/2019

DAERA

The Welfare of Animals at the Time of Killing (England and Northern Ireland)
(Amendment) (EU Exit) Regulations 2019 amend the definitions of evidence of
training and examination  in regulation 3 of the Welfare of Animals at the Time of
Killing (Northern Ireland) Regulations 2014 (S.R. 2014 No. 107) ( the 2014
Regulations ) and the Welfare of Animals at the Time of Killing (England)
Regulations 2015 (S.I. 2015/1782) ( the 2015 Regulations ). The amendments mean
that an individual wishing to apply for a certificate of competence (which is needed in
order to kill animals or carry out related operations in a slaughterhouse) may rely on
approved training and examination undertaken in the Republic of Ireland. This change
is required to ensure that the UK Government meets its obligations under the UK-Ireland Common Travel Area.

Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019

14/10/2019

DAERA

This instrument makes the necessary corrections to ensure that Regulation (EU)
2019/1021 of the European Parliament and of the Council on Persistent Organic
Pollutants ( POPs ) functions once we leave the EU. This includes transferring
legislative and administrative functions that are currently conferred by EU legislation
upon the European Commission ( the Commission ) and the European Chemicals
Agency ( ECHA ), to be exercisable instead by public authorities in the UK, so that
they can be exercised at national level after the UK leaves the EU. This instrument
also revokes the following regulations: Part 4 of the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1405) which made corrections to the, now repealed; Regulation (EC) No 850/2004 on POPs; and Regulation 2 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulation 2019 (S.I. 2019/473) which transferred legislative functions contained in Regulation (EC) No 850/2004 on POPs.
This instrument also makes consequential amendments to the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019.

Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

31/01/2020

DAERA

This instrument and the Rules for Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union ( EU ) law governing the Direct
Payment schemes for farmers established under the Common Agricultural Policy
( CAP ) in respect of claim year 2020, which runs from 1 January 2020 to 31
December 2020. This is in order to address operability issues created by the United
Kingdom ( UK ) leaving the EU. The amendments will enable that retained EU law
to operate effectively in the UK after EU Exit for claim year 2020.

Rules for Direct Payments to Farmers (Amendment) Regulations 2020

31/01/2020

DAERA

This instrument and the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 amend retained European Union ( EU ) law governing the Direct
Payment schemes for farmers established under the Common Agricultural Policy
( CAP ) in respect of claim year 2020, which runs from 1 January 2020 to 31
December 2020. This is in order to address operability issues created by the United
Kingdom ( UK ) leaving the EU. The amendments will enable that retained EU law
to operate effectively in the UK after EU Exit for claim year 2020.

Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2020

03/02/2020

Economy

This instrument continues the process of addressing failures of retained EU law to
operate effectively and other deficiencies arising from the withdrawal of the United
Kingdom (UK) from the European Union (EU). This is intended to ensure that the
frameworks for regulatory oversight and professional recognition of statutory auditors
and third country auditors in the UK work effectively following the UK ™s withdrawal
from the EU. These parts of the instrument, with the other changes to the relevant
frameworks, will come into force at the end of the implementation period. This is
consistent with the withdrawal agreement between the UK and the European Union.
The instrument also implements developments in EU law and makes sure that the
UK ™s domestic implementation of EU law works effectively.

International Accounting Standards, Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2020

14/02/2020

Economy

The purpose of this instrument is to amend the International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/685) ( IAS SI ). The IAS SI addressed failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, in the field of accounts and reports of UK corporate bodies. This instrument provides a transitional arrangement for companies whose financial years ˜straddle ™ the Implementation Period completion day ( IP completion day ), for the purposes of the IAS SI. The instrument also makes minor amendments to correct errors in the IAS SI and ensures that the Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019 (SI 2019/177) ( Audit SI ) functions as intended. The instrument will apply to companies and other undertakings, but companies are referred to throughout for ease of reference.

Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020

27/02/2020

Infrastructure

This instrument is required to ensure that the UK has a functioning statute book and
will come into force at the end of the transition period. It amends the Railways
(Interoperability) Regulations 2011 (S.I. 2011/3066) (the Principal Regulations ) and
the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019 (the 2019
Regulations ) to ensure that the United Kingdom ™s interoperability regime functions
correctly after the transition period and corrects certain errors in that instrument. The
Rail Passengers ™ Rights and Obligations (Amendment) (EU Exit) Regulations 2018,
the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019 and the Train Driving
Licences and Certificates (Amendment) (EU Exit) Regulations 2019 are also amended
to reflect accurately amendments made to various EU references and this instrument
also corrects errors in the latter instrument. Amendments are made by this instrument
to Commission Decisions 2007/756/EC and 2018/1614 which specify the format of
registers held within Member States containing information about railway vehicles
and Commission Implementing Regulation (EU) 2019/777 which deals with the
common specifications for the register of railway infrastructure. It also revokes EU
tertiary legislation relating to the new Interoperability Directive (EU) 2016/797 ( the
2016 Directive ) as this will no longer be relevant in the UK after the end of the
transition period.

The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020

24/04/2020

Economy

This instrument amends four pieces of EU-derived legislation which extend the time
limit for bringing court proceedings where a consumer is engaged in non-binding
alternative dispute resolution (ADR). These are: the Prescription and Limitation
(Scotland) Act 1973, the Limitation Act 1980, the Foreign Limitation Periods Act 1984
and the Limitation (Northern Ireland) Order 1989.
The instrument removes references to the ADR Directive (2013/11/EU) and the effect
of the amendments is that the relevant time limit will only be extended for ADR in
which the consumer is resident in the UK and uses the services of an ADR provider
which is authorised within the UK.
The amendments substantively mirror amendments already made to section 140AA
(extension of time limits because of alternative dispute resolution in certain cross
border or domestic contractual disputes) of the Equality Act 2010 by the Equality
(Amendment and Revocation) (EU Exit) Regulations 2019 (S.I. 2019/305) ( the
Equality Exit Regulations ).
This instrument also amends the Equality Exit Regulations for full consistency of
drafting and to insert a transitional provision into those Regulations.

Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020

28/04/2020

DAERA

The need for this instrument arises from the fact that the EU law governing the 2020
Direct Payment schemes for farmers established under the Common Agricultural
Policy ( CAP ) was incorporated into UK law on exit day, rather than at the end of
the Implementation Period ( IP ) established under the EU Withdrawal Agreement. It
ensures that the retained Direct Payments legislation is treated in the same way as
legislation retained under the European Union (Withdrawal) Act 2018 (the 2018
Act ). This is necessary to ensure the UK statute book works coherently and
effectively. For example, it provides clarity on how cross-references to EU regulations
governing the 2020 Direct Payment schemes should be read.

Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020

05/05/2020

Economy

This instrument implements Regulation (EU) 2017/2394 of the European Parliament
and of the Council on cooperation between national authorities responsible for the
enforcement of consumer protection laws and repealing Regulation (EC) 2006/2004
( the new CPC Regulation ) into UK law, where such implementation is necessary.
While the new CPC Regulation is directly applicable in the UK, this instrument
ensures that it operates correctly. It ensures that competent authorities have, in
domestic law, the investigation and enforcement powers necessary to perform the
functions required by the new CPC Regulation. The instrument ensures that those
powers can be exercised in relation to EU laws (as implemented in domestic law)
which have been brought in scope of the CPC Regulation for the first time.
The UK is required to implement the CPC Regulation because the Regulation came
into force on 17 January 2020 when the UK was still a member of the EU.

Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020

21/05/2020

Economy

This instrument is being made using powers in the European Union (Withdrawal
Agreement) Act 2020 to replace references to exit day  with IP completion day  in
EU Exit related Regulations. It will ensure that the United Kingdom statute book will function correctly and
provide clarity and a smooth transition for business after the Transition Period (TP).

Energy Efficiency (Building Renovation and Reporting) (Amendment) Regulations 2020

03/06/2020

Economy

The purpose of this instrument is to insert new requirements into the Energy
Efficiency (Building Renovation and Reporting) Regulations 2014, transposing three
articles (Articles 2a, 10(6) and 20(2)) contained within Directive 2010/31/EU of the
European Parliament and of the Council of 19 May 2010 on the energy performance
of buildings (the Energy Performance of Buildings Directive or EPBD).
This SI is required to ensure the UK fulfils its obligations under the Withdrawal
Agreement to transpose EU law into domestic statute until the end of the Transition
Period. This instrument will expire on the last day of the Transition Period.

Northern Ireland Act 1998 (Section 75 “ Designation of Public Authority) Order 2020

08/06/2020

Justice

This instrument makes provision designating the Independent Monitoring Authority for the Citizens ™
Rights Agreements for the purposes of section 75 of the Northern Ireland Act 1998.

Direct Payments to Farmers (Amendment) Regulations 2020

09/06/2020

DAERA

This instrument amends the retained EU law governing the 2020 Direct Payment
schemes for farmers. This EU law became domestic law at 11:00pm on 31st January
2020 ( exit day ) further to the Direct Payments to Farmers (Legislative Continuity)
Act 2020 ( the DPLC Act ). The amendments in this instrument confirm the euro to
sterling exchange rate for payments under these schemes. This instrument also
addresses other operability issues arising from the UK ™s exit from the EU that were
not fully dealt with at the time. The amendments will enable the retained EU law to
operate effectively in the UK for claim year 2020, with no ambiguity.

The Direct Payments Ceilings Regulations 2020

09/06/2020

DAERA

This instrument amends the UK ™s national ceiling and net ceiling for Direct Payments
for claim year 2020. These financial ceilings are used to calculate payments to
farmers under the Direct Payment schemes. The amendments to the ceilings made by this instrument take account of previous
policy decisions made by the Government and Devolved Administrations, including
concerning the transfer of funds for rural development measures. The amendments
also take account of the findings of the Bew Review concerning the allocation of farm
support funding in the UK. This Statutory Instrument replaces one of the same name laid on 4 June 2020 and withdrawn on 9 June.

Vegetable Plant Material and Seed (Miscellaneous Amendments) Regulations 2020

09/06/2020

DAERA

This instrument amends: the Marketing of Vegetable Plant Material Regulations 1995
( the 1995 Regulations ); the Seeds (National Lists of Varieties) Regulations 2001
( the 2001 Regulations ); and the Seed Marketing Regulations 2011 ( the 2011
Regulations ).
This instrument is required to ensure that the United Kingdom fulfils its obligations
under the Withdrawal Agreement to transpose EU law into domestic legislation until
the end of the Implementation Period (31st December 2020). We are therefore
transposing Commission Implementing Directive (EU) 2019/990 amending the list of
genera and species in Article 2(1)(b) of Council Directive 2002/55/EC, in Annex II to
Council Directive 2008/72/EC and in the Annex to Commission Directive 93/61/EEC
( the 2019 Directive ).We are also transposing Commission Implementing Directive
(EU) 2020/432 amending Council Directive 2002/55/EC with regard to the definition
of vegetables and the list of genera and species in Article 2(1)(b) ( the 2020
Directive ). The 2020 Directive rectifies an error made by the 2019 Directive, by reinstating the definition of vegetables in Directive 2002/55/EC on the marketing of
vegetable seed.
This instrument changes the common names of certain vegetable species in
accordance with the grouping used in the International Code of Nomenclature for
Cultivated Plants. It also brings hybrids between the species and groups listed into the
scope of the 2011 Regulations. The changes aim to provide greater clarity for
businesses in terms of the species covered by the scope of the regulations amended by this instrument. This instrument also brings into line the species Cichorium intybus L (Chicory) with
Commission Implementing Decision (EU) 2017/478. This Commission Implementing
Decision releases certain Member States from the obligation to apply Directive
2002/55/EC to certain species. This instrument therefore extends the derogation from
the requirement to provide a national list and restrict marketing in the 2001
Regulations, to the entire species.

The INSPIRE (Amendment) (EU Exit) Regulations 2020

15/06/2020

DAERA

This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 13 May 2020.
This instrument amends deficiencies in Commission Implementing Decision (EU)
2019/1372 implementing Directive 2007/2/EC of the European Parliament and of the
Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the
European Community (INSPIRE) which established a European spatial data
infrastructure ( SDI ). Directive 2007/2/EC requires Member States to operate
national SDIs. Commission Implementing Decision (EU) 2019/1372 replaced
Commission Decision 2009/442/EC. Commission Implementing Decision (EU)
2019/1372 simplifies arrangements for monitoring the use of the SDI and reporting on
the cost, benefits and governance of implementation. This instrument also makes consequential amendments to the INSPIRE (Amendment)
(EU Exit) Regulations 2018 (S.I. 2018/1338). This will ensure that amendments made
to the UK INSPIRE Regulations 2009 (S.I. 2009/3157) which incorporated the
INSPIRE Directive into UK law covering England, Wales and Northern Ireland
reflect the new Commission Decision and will be operable after the UK exits the EU.
2.3 This instrument makes similar consequential amendments to the INSPIRE (EU Exit)
(Scotland) (Amendment) Regulations 2019 (S.S.I. 103/2019), at the request of the
Scottish Government. This instrument also makes consequential amendments to The Environment
(Legislative Functions from Directives) (EU Exit) Regulations 2019 1350/2019 which
are necessary as a result of the replacement of Commission Decision 2009/442/EC by
Commission Implementing Decision (EU) 2019/1372. These amendments are made to
ensure that the regulation making power in The Environment (Legislative Functions
from Directives) (EU Exit) Regulations 2019 1350/2019 can be used as necessary to
amend Commission Implementing Decision (EU) 2019/1372. These amendments are being made to enable the continued operability of the
INSPIRE legislative architecture as retained EU law under the European Union
(Withdrawal) Act 2018, following the UK ™s withdrawal from the EU. The INSPIRE
Directive was implemented in England and Wales and Northern Ireland by INSPIRE
Regulations 2009 (S.I. 2009/3157), and in Scotland by INSPIRE (Scotland)
Regulations 2009 (S.S.I. 2009/440).

Online Intermediation Services for Business Users (Enforcement) Regulations 2020

19/06/2020

Justice

The Online Intermediation Services for Business Users (Enforcement) Regulations
2020 ( this instrument ) makes arrangements for the domestic enforcement of
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June
2019 on promoting fairness and transparency for business users of online
intermediation services ( the EU Online Intermediation Services Regulation ).

Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020

22/06/2020

Economy

This instrument is required to ensure that the United Kingdom ( ˜UK ™) has a
functioning statute book at the end of the implementation period ( ˜IP ™) should the UK
not reach a further agreement with the EU, or should any agreement not cover the
relevant policy area. It amends six EU exit statutory instruments which amended a range of primary and
secondary legislation, of both domestic and European origin, to ensure Great Britain
( ˜GB ™) and Northern Ireland ™s ( ˜NI ™) energy systems remained operable once the UK
left the EU.

Wine (Amendment) Regulations 2020

25/06/2020

DAERA

The purpose of this instrument is to maintain the standards for wine marketed within
the UK. UK domestic legislation currently references EU legislation that sets out the
details for the rules on wine production based on International Organisation for Vine
and Wine ( ˜OIV ™) approved processes and practices. These wine production rules are
applicable in the United Kingdom ( ˜UK ™) both during the Implementation Period and
beyond, in accordance with the European Union (Withdrawal) Act 2020. However,
references to the EU legislation in the current UK domestic legislation are out of date
because the EU legislation has been amended. Therefore, the UK domestic legislation
needs to be amended to ensure that it references the amended EU legislation.

Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020

30/06/2020

Economy

This instrument amends the references to 'exit day' in the Guarantees of Origin of
Electricity Produced from High-Efficiency Cogeneration (Amendment) (EU Exit)
Regulations 2018 ( the 2018 Guarantees of Origin SI ) and the Renewables
Obligation (Amendment) (EU Exit) Regulations 2019 ( the 2019 Renewables
Obligation SI ), to ensure that the drafting intent of these regulations is preserved,
following the United Kingdom ™s withdrawal from the EU.

Insolvency (Amendment) (EU Exit) Regulations 2020

30/06/2020

Economy

The Regulations make amendments to the Insolvency (Amendment) (EU Exit)
Regulations 2019 to implement the Withdrawal Agreement that has been agreed with
the EU. They amend the transitional and savings provisions contained in those
regulations. The Regulations give effect to Article 67(3)(c) of the Withdrawal Agreement. This
provides that the EU Insolvency Regulation ((EU) 2015/848) (the EUIR ) will
continue to apply in respect of main proceedings opened before the IP Completion
Date.

Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020

30/06/2020

Infrastructure

The instrument amends the Vehicle Drivers (Certificates of Professional Competence)
Regulations 2007 ( the 2007 Regulations ) to (a) implement
Directive (EU) 2018/645, which introduced changes to the certificate of professional
competence (CPC) regime and (b) recognise CPCs issued by Switzerland.

Civil Jurisdiction and Judgments (Civil and Family) (Amendment) (EU Exit) Regulations 2020

02/07/2020

Justice

This instrument is made under the European Union (Withdrawal) Act 2018 (the
Withdrawal Act) to ensure there is a functioning domestic statute book at the end of
the transition period. It amends the Civil Jurisdiction and Judgments (Amendment)
(EU Exit) Regulations 2019 (the Civil Regulations), the Jurisdiction and Judgments
(Family) (Amendment Etc.) (EU Exit) Regulations 2019 (the Family Regulations), the
Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019 (the Mediation
Regulations) and the Family Procedure Rules 2010 and Court of Protection Rules
2017 (Amendment) (EU Exit) Regulations 2019 (the Rules Regulations) to address
minor defects in those instruments and to clarify the interaction of international
conventions and domestic law after the end of the transition period. This
Memorandum refers to ˜the end of the transition period ™ rather than to exit day ,
since while this instrument is not concerned with the references to exit day  in the
instruments which it amends, those references will be amended where necessary by a
separate instrument or instruments made under powers in relation to implementation
of the Withdrawal Agreement.

Online Intermediation Services for Business Users (Amendment) (EU Exit) Regulations 2020

02/07/2020

Justice

This instrument is required to help ensure that the UK has a functioning statute book
at the end of the Transition Period. Under section 3 of the European Union
(Withdrawal) Act 2018 ( the Withdrawal Act 2018 ), directly effective EU legislation
will be retained in UK law at the end of the Transition Period. This instrument makes
amendments to the retained version of Regulation 2019/1150 of the European
Parliament and of the Council of 20 June 2019 on promoting fairness and
transparency for business users of online intermediation services ( the Online
Intermediation Services Regulation ) to ensure that it functions correctly in domestic
law at the end of the Transition Period.

Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

02/07/2020

Economy

The Protocol on Ireland / Northern Ireland in the withdrawal agreement ( the Protocol ) requires that the EU legislation listed in Annex 2 to that Protocol is implemented in Northern Ireland. Annex 2 includes Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.201, p, 45) ( the SPV Directive ); it also includes Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.6.201, p. 164) ( the PE Directive ).

The SPV Directive was implemented on a UK wide basis by the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092) ( SPV Regulations ). The PE Directive was similarly implemented on a UK wide basis by the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105) ( the PE Regulations ). Both of these sets of Regulations have been amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union but those amendments prospectively (with effect from IP completion day) only extend to England and Wales and Scotland.

These Regulations amend the SPV and PE Regulations in respect of Northern Ireland only to make sure that the SPV and PE Directives and the Protocol are implemented in respect of Northern Ireland.

Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations

02/07/2020

Infrastructure

This instrument is required to ensure that the UK continues to have a functioning
statute book in force at the end of the transition period. Some, but not all, references
to exit day  will be replaced by IP completion day  in: the Railways (Interoperability) (Amendment) (EU Exit) Regulations 2019; the Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019; the Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 ( the TDL Regulations ); the Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019 ( Second
Safety Regulations ) and the Cableway Installations (Amendment) (EU Exit) Regulations 2019. These changes are necessary because these instruments were made prior to exit day,
and were due to come into force from that date onwards. As a result of the UK and
the EU agreeing the Withdrawal Agreement, the UK has entered the transition period
as part of its withdrawal from the EU which is why some references to exit day  are
no longer appropriate and need to be replaced by references to IP completion day . This instrument amends the TDL Regulations and Second Safety Regulations to
ensure that all EU train driving licences, Part A safety certificates and single safety
certificates (issued pursuant to Directive 2004/49/EC2
on the safety on the
Community ™s railways and Directive (EU) 2016/7983
on railway safety (recast)
respectively) are recognised for use in Great Britain up to 31st January 2022. It
amends the Railways and Other Guided Transport Systems (Safety) Regulations 2006
and the Rail Safety (Amendment etc.) (EU Exit) Regulations 2019, to ensure that,
where appropriate, the legislative framework takes account of EU documentation
issued under Directive (EU) 2016/798 and makes further provision to ensure the
recognition of Entities in Charge of Maintenance (ECM) certificates issued pursuant to Commission Regulation (EU) No 445/20114
and Commission Implementing
Regulation (EU) 2019/7795 which replaces the former during the transition period.
These amendments also take account of any certificates issued in respect of crossborder services pursuant to the retained EU law version of that Regulation after IP
completion day. Finally, this instrument revokes Regulation (EU) No 913/20106
concerning a
European Rail Network for Competitive Freight and revokes Commission
Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system
of certification of ECM, except in relation to vehicles operating a cross-border
service.

Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020

06/07/2020

Economy

The Professional Qualifications and Services (Amendments and Miscellaneous
Provisions) (EU Exit) Regulations 2020 ( this instrument ) implements into domestic
law the Recognition of Professional Qualifications ( RPQ ) provisions in the EU
Withdrawal Agreement, the EEA EFTA Separation Agreement and the Swiss
Citizens ™ Rights Agreement (collectively, the Agreements ), that are not covered by
existing RPQ EU Exit legislation. In addition, this instrument will also make changes to the domestic frameworks for
RPQ and services, as follows: disapply certain retained directly effective EU treaty
rights relating to RPQ and revoke three pieces of direct EU legislation that would
otherwise be retained in domestic law by virtue of sections 4 and 3 of the European
Union (Withdrawal) Act 2018 ( EUWA ) respectively; make corrections to RPQ EU
Exit legislation; change some references to ˜exit day ™ to account for the Transition
Period ( TP ) in various RPQ and Services EU Exit legislation; and correct a
transposition error in the European Union (Recognition of Professional
Qualifications) Regulations 2015 ( the 2015 Regulations ).

Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020

09/07/2020

Economy

The purpose of this statutory instrument is to make amendments in consequence of the
European Union (Withdrawal Agreement) Act 2020 (c. 1). This instrument, made
under the power in section 41(1) of the European Union (Withdrawal Agreement) Act
2020 ( the WAA ), replaces references to exit day  with references to IP
completion day  in the Climate Change Agreements (Amendment of Agreements)
(EU Exit) Regulations 2018 (S.I. 2018/1205), the CRC Energy Efficiency Scheme
(Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1336) and the Energy Savings
Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1342). This instrument also makes supplemental provision relating to these amendments,
using the power in paragraph 12 of Schedule 4 to the WAA. The instrument amends the Energy Savings Opportunity Scheme (Amendment) (EU
Exit) Regulations 2018 to retain the provision in the Energy Savings Opportunity
Scheme Regulations 2014 for converting the financial threshold to euros with
respect to a qualification date that falls before Implementation Period (IP) completion
day.

Companies (Shareholders ™ Rights to Voting Confirmations) Regulations 2020

09/07/2020

Economy

These Regulations implement Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement (OJ L 132, 20.5.2017, p. 1) ( the Directive ) so far as it is not already given effect in United Kingdom law. The Directive amends Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (OJ L 184, 14.7.2007, p. 17) ( the 2007 Directive ).

Greenhouse Gas Emissions Trading Scheme Order 2020

13/07/2020

Economy

The purpose of this Order is to establish a UK-wide greenhouse gas emissions trading
scheme (ETS), to encourage cost-effective emissions reductions which will contribute
to the UK ™s emissions reduction targets and net zero goal. Policy positions for a UK
ETS which is operational from 1st January 2021 have been agreed by the four
Governments of the UK nations, and are set out in the Government Response to the
Future of Carbon Pricing consultation, which was published on 1 June 2020. This is
a policy replacement for the UK ™s participation in the EU Emissions Trading System,
which will cease at the end of the Transition Period on 31 December 2020 (subject to
the UK ™s obligations in the Withdrawal Agreement pursuant to Article 96(2) in
respect of 2020 compliance and the Protocol on Ireland/Northern Ireland). This would
also allow for the possibility and consideration of a link between a UK ETS and the
EU ETS, if it suited both sides ™ interests, in line with the UK Government ™s document
on a future relationship with the EU.

Plant Breeders ™ Rights (Amendment) (EU Exit) Regulations 2020

21/07/2020

DAERA

This instrument amends the Plant Breeders ™ Rights (Amendment etc.) (EU Exit)
Regulations 2019 (S.I. 2019/204) ( the 2019 Regulations ) and the Animal Health,
Invasive Alien Species, Plant Breeders ™ Rights and Seeds (Amendment etc.) (EU
Exit) Regulations 2019 (S.I. 2019/1220). Together with the 2019 Regulations, this
instrument implements the UK ™s obligation under the Withdrawal Agreement ( WA )
relating to Community plant variety rights ( CPVR ). Relatively few amendments are
made by this instrument because the 2019 Regulations anticipated most of the
provisions of the WA.

Services of Lawyers and Lawyer ™s Practice (Revocation etc.) (EU Exit) Regulations 2020

21/07/2020

Justice

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c) of that Act) arising from the withdrawal of the UK from the European Union. They are also made in exercise of the powers conferred by sections 12 and 14 of the European Union (Withdrawal Agreement) Act 2020 which make provision for recognition of professional qualifications and equal treatment and provisions implementing the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens ™ rights agreement (as those agreements are defined in section 39(1) of that Act),

These Regulations revoke with some savings, legislation in the field of legal services in particular, legislation relating to the provision of legal services and the practice of law by European lawyers within England and Wales and Northern Ireland. The Schedule make consequential amendments and transitional provision.

Waste (Circular Economy) (Amendment) Regulations 2020

27/08/2020

DAERA

This instrument transposes (transfers requirements into UK law) six amending EU
Directives in the field of waste. It amends the legislation that transposed Directive
2008/98/EC on waste ( the Waste Framework Directive ), Directive 1999/31/EC on
the landfill of waste ( the Landfill Directive ), Directive 94/62/EC on packaging and
packaging waste ( the Packaging Directive ), three other waste related Directives in
England and Wales, and some legislation that partially transposed the same Directives
in Scotland and Northern Ireland. It is making all the legislative changes required to
transpose the 2020 Circular Economy Package (CEP) measures on behalf of England
and Wales, apart from some amendments relating to hazardous waste which Defra is
making for England only. The Welsh Government will be making a Wales-only SI to
include amendments relating to hazardous waste, as well as updating references in
several Wales-only SIs. Through amendments made to legislation that apply in
Scotland and Northern Ireland, this instrument is partially transposing the 2020 CEP
measures on behalf of Scotland and Northern Ireland. Further amendments to complete the transposition of the CEP will be
made by Scotland and Northern Ireland.

Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020

14/09/2020

Economy

The Statutory Instrument amends a previous Statutory Instrument that was introduced
by the Government to ensure the UK ™s consumer protection regime continues to work
effectively after the UK ™s withdrawal from the EU.
The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations
2019 (S.I. 2019/203) ( 2019 Exit Regulations ) deal with the collective redress
regime for consumer protection. The aim of the 2019 Exit Regulations is to allow the
UK collective redress regime to function effectively once the cross-border
arrangements in the EU ™s CPC Regulation (2017/2394) and Injunctions
Directive (2009/22/EC) no longer apply to the UK at the end of the transition period.
The principal purpose of this instrument is to amend the 2019 Exit Regulations as a
result of subsequent changes in the EU law and domestic law to which those
Regulations relate. This instrument also amends other Exit Regulations in the
consumer protection area, in connection with the Northern Ireland (NI) Protocol and
to replace references to exit day  with IP completion day .
This instrument additionally amends Part 8 of the Enterprise Act 2002 (c. 40) in
response to the Fourteenth Report of session 2019-21 of the House of Lords and
House of Commons Joint Committee on Statutory Instruments (JCSI) relating to the
Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 (S.I.
2020/484).

Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2020

16/09/2020

DAERA

These Regulations make amendments to the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019. They substitute references to exit day  with references to IP completion day .

The European Qualifications (Health & Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020

17/09/2020

Health/FSA

This Statutory Instrument supersedes the draft of the same title which was laid before
Parliament on 22 July 2020 and withdrawn on 17 September 2020.
The main purpose of the European Qualifications (Health and Social Care
Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 is to
implement parts of the Swiss Citizens ™ Rights Agreement and EEA EFTA Separation
Agreement concerning recognition of professional qualifications ( RPQ ) of health
and care professionals that are not covered by existing ˜no deal ™ RPQ legislation. This will be achieved by making amendments to the European Qualifications (Health
and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (SI
2019/593) and the European Qualifications (Pharmacists) (Amendments etc.) (EU
Exit) Regulations (Northern Ireland) 2019 (SI 2019/585), collectively referred to as
the 2019 EU Exit Regulations . The amendments made by this instrument in relation to implementing provisions of
the Swiss Citizens ™ Rights Agreement and EEA EFTA Separation Agreement are
transitional and savings provisions, and will not affect any ongoing system of
recognition contained in various other pieces of RPQ legislation. In addition, this instrument will make minor corrections to the 2019 EU Exit
Regulations. As a result of this instrument containing corrections, having consulted
with the SI Registrar, this instrument is being published under the free issue
procedure.

Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020

24/09/2020

DAERA

This instrument makes amendments to environmental laws to address minor errors
and to ensure they continue to operate effectively after the end of the implementation
period. It also makes necessary amendments to directly applicable retained EU law.
Regulations 2, 3 and 4 make changes to secondary legislation that implemented EU
environmental laws relating to air quality and endangered species. Regulations 5 and
6 make minor changes to Regulations made under section 8(1) of the European Union
(Withdrawal) Act 2018, relating to air quality and chemicals.

Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020

24/09/2020

Justice

The purpose of this instrument is to implement the separation provision on taking
account of convictions, set out in the Agreement on the Withdrawal of the United
Kingdom of Great Britain and Northern Ireland from the European Union and the
European Atomic Energy Community ( the withdrawal agreement ). The withdrawal
agreement provides for a Transition Period ( TP ) following the UK ™s withdrawal
from the European Union ( EU ) on 31 January 2020. This instrument amends
domestic legislation to implement Article 62(1)(g) of Part 3, Title V of the withdrawal
agreement. That Article sets out the separation provision that preserves the application
of Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of
convictions in the member States of the European Union ( the TAC Framework
Decision ) in respect of any criminal proceedings instituted, but not concluded, before
IP completion day (i.e. the day on which the TP ends).

Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

28/09/2020

Health/FSA

These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16). They deal with matters arising out of, or related to, the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement ( the Protocol ).

These Regulations amend the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41) to take account of the inclusion of Directive 2014/40/EU in Annex 2 to the Protocol. The amendments are needed to ensure that the Tobacco and Related Products Regulations 2016 (which implemented the Directive) (S.I. 2016/507) will continue to function after IP completion day, and also to update the transitional provision made to allow certain products that have been placed on the market in the United Kingdom before IP completion day to continue to be supplied in Great Britain on and after that day.

These Regulations also amend the Electronic Cigarettes (Fees) Regulations 2016 (S.I. 2016/521) and the Tobacco and Related Products (Fees) Regulations 2017 (S.I. 2019/409) so that a single notification and annual reporting fee remains payable if a product is to be supplied in both Great Britain and Northern Ireland.

Nutrition (Amendment etc.) (EU Exit) Regulations 2020

29/09/2020

Health/FSA

The purpose of this instrument is to: First, reflect the Protocol on Ireland/Northern Ireland (NIP) by amending The
Nutrition (Amendment etc.) (EU Exit) Regulations 2019 and revoking The
Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019; and
secondly, remedy deficiencies in retained European Union (EU) legislation
relating to nutrition.

State Aid (Revocations and Amendments) (EU Exit) Regulations 2020

29/09/2020

Economy

The purpose of this instrument is to disapply EU law relating to State aid that is
retained in the UK by the European Union (Withdrawal) Act 2018 (the Withdrawal
Act). The overall effect is to ensure that EU State aid law does not form part of UK
domestic law as retained EU law after the end of the transition period. This instrument
does not affect the application of the State aid provisions in the Northern Ireland
Protocol.

Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020

30/09/2020

Justice

These Regulations are made in exercise of the powers conferred by section 8(1) and 8B(1) of, and
paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order (a) to
address failures of retained EU law to operate effectively and other deficiencies in retained EU
law (under section 8(2)(c) of that Act) arising from the withdrawal of the UK from the European
Union; and (b) to make provision in relation to the withdrawal agreement.

Reciprocal and Cross-Border Healthcare (Amendment etc.) (EU Exit) Regulations 2020

30/09/2020

Health/FSA

The purpose of this instrument is to address deficiencies in retained EU law relating to
reciprocal healthcare in the UK and to make related provision.
This instrument will ensure that the UK statute book will function correctly after the
Implementation Period ( ˜IP ™) and will make savings provisions to protect, so far as
possible, certain patients in a transitional situation at the end of the Implementation
Period.
This instrument is made under powers in the European Union (Withdrawal) Act 2018
and the Healthcare (European Economic Area and Switzerland Arrangements) Act
2019.

Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020

05/10/2020

DAERA

The European Union (Withdrawal) Act 2018 ( the Withdrawal Act ) converts and
preserves EU law at the end of the transition period between the UK and the EU into
domestic law ( retained EU law ). If retained EU law relating to the Common
Agricultural Policy ( CAP ) was not amended, it would contain inoperable rules that
would prevent the UK government and the Devolved Administrations from being able
to deliver agricultural and market support schemes currently run under the CAP to the
agricultural sector. This instrument uses powers in the Withdrawal Act to correct
these deficiencies. The EU Exit SIs being amended would not have the right effect as
they would not reflect the change in the legislative position following the Withdrawal
Agreement between the UK and the EU, the Direct Payments to Farmers (Legislative
Continuity) Act 2020 and amendments which have been made to EU Regulations
since the EU Exit SIs were made. In relation to public intervention and private
storage aid, the amendments made by the EU Exit SIs would have the wrong effect
operationally if not amended. This instrument makes a number of changes: Firstly, this instrument makes provision to clarify the position of certain EU
Regulations which were incorporated into domestic law with effect from exit
day insofar as relating to direct payments and incorporated with effect from
the end of the transition period ( IP completion day ) for remaining purposes,
and amends or revokes a number of earlier EU Exit SIs to
reflect that those SIs will not apply in relation to direct payments following the
withdrawal agreement and the Direct Payments to Farmers (Legislative
Continuity) Act 2020 and regulations made under it. Secondly, this instrument makes some limited amendments to previous EU
Exit SIs where retained EU law is affected by the Northern Ireland Protocol. Thirdly, this instrument makes amendments to previous EU Exit SIs to ensure
UK paying agencies are able to continue complying with EU rules for the
purposes of Article 138 of the Withdrawal Agreement. Fourthly, this instrument amends previous rural development EU Exit SIs,
which were made before a Withdrawal Agreement was signed between the
UK and the EU, and which now consequently need to be updated to reflect the new position; a small number of additional amendments are made in order to
ensure rural development rules continue to function effectively at the end of
the transition period. Fifthly, this instrument makes amendments to earlier EU Exit SIs that set rules
for Public Intervention ( PI ) and Private Storage Aid ( PSA ) schemes set out in the Common Organisation of Agricultural Markets ( CMO ) regime.
These amendments will ensure provisions relating to the setting of prices for the intervention tendering process can be run administratively, which is in
keeping with domestic processes and will allow relevant authorities to mirror the current system of administering PI and PSA as closely as possible at the
end of the transition period, to ensure producers and operators do not experience any change in how the schemes are run immediately after the end
of the transition period. Sixthly, this instrument makes a small number of minor drafting amendments to update drafting and correct errors and oversights in earlier EU Exit SIs, for
example missed cross-references that needed amending and substituting a reference to Pounds Sterling for a reference to Euro. Seventhly, this instrument amends retained EU law concerning producer
groups, producer organisations, notifications in the fruit and vegetables and processed fruit and vegetables sectors, and notifications of agricultural market
information to domestic authorities. These amendments should be read in conjunction with The Common Organisation of the Markets in Agricultural
Products (Producer Organisations and Wine) (Amendment Etc.) (EU Exit) Regulations 2020 which also make operability corrections to Commission
Delegated Regulation (EU) No 2017/891 and Commission Implementing Regulation (EU) No 2017/892.
The EU Exit SIs and EU regulations amended by this instrument are: the Common Agricultural Policy (Financing, Management and Monitoring)
(Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763); the Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit)
Regulations 2019 (S.I. 2019/765); the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I.
2019/748); the Common Agricultural Policy and Common Organisation of the Markets in
Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations
2019 (S.I. 2019/1405); the Common Agricultural Policy and Agriculture and Horticulture
Development Board (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/733); the Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I.
2019/764); the Rural Development (Rules and Decisions) (Amendment) (EU Exit)
Regulations 2019 (S.I. 2019/770); the European Structural Investment Funds (Common Provisions)
(Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785); the Market Measures Payment Schemes (Amendment) (EU Exit) Regulations
2019 (S.I. 2019/823); the Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019
(S.I. 2019/831); the Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019
(S.I. 2019/1402); the Common Organisation of the Markets in Agricultural Products and
Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No.2) Regulations 2019 (S.I. 2019/1422); Commission Implementing Regulation (EU) No 543/2011 laying down
detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors; Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European
Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011; Commission Implementing Regulation (EU) 2017/892 concerning producer
groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors; and Commission Implementing Regulation (EU) 2017/1185 relating to
notifications of agricultural market information to domestic authorities. The EU Exit SIs revoked by this instrument are: the Common Agricultural Policy (Direct Payments to Farmers) (Amendment)
(EU Exit) Regulations 2019 (S.I. 2019/207); the Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/208); regulation 2 of the Common Agricultural Policy and Market Measures (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/812); and part 4 of the Food and Farming (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/759).

Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020

05/10/2020

DAERA

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. The SI substantially replaces provision made in S.I. 2019/1343, the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019, the scrutiny period for which expired on 7 January 2020 without the instrument having been approved.

Part 2 of these Regulations makes amendments to Commission Delegated Regulation (EU) No 880/2012 and Commission Delegated Regulation (EU) 2016/232 concerning transnational cooperation.

It also amends provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council in relation to protected geographical indications, protected designations of origin and traditional terms in the wine sector.

It also makes amendments to Commission Delegated Regulation (EU) 2017/891 and Commission Implementing Regulation (EU) 2017/892 concerning producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors.

Part 3 amends the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 to replace a reference to exit day with IP completion day, to provide more detail on the appeal mechanism, and to revoke a provision which is replaced by this instrument.

Part 4 revokes certain implementing acts relating to EU wine designations of origin, geographical indications, and traditional terms.

Public Procurement (Amendment etc.) (EU Exit) Regulations 2020

07/10/2020

Executive Office

This instrument is being made in order to address deficiencies in retained EU law in
relation to public procurement arising from the withdrawal of the United Kingdom
(UK) from the European Union (EU) and to give effect to Title 8 of Part 3 of the
Withdrawal Agreement and Title 5 of Part 3 of the EEA EFTA Separation Agreement
(together, the relevant withdrawal provisions), to ensure that retained EU law in the
field of public procurement operates effectively after the Implementation Period ends
on 31 December 2020. This instrument revokes the Public Procurement (Amendment etc.) (EU Exit)
Regulations 2019 (2019/560) (the 2019 EU Exit Regulations) and the Public
Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (2019/623)
(which amends the 2019 EU Exit Regulations) before they come into force. Those
Regulations were made before the UK and EU had entered into the Withdrawal
Agreement or the EEA EFTA Separation Agreement.

Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020

08/10/2020

Health/FSA

On 31 January 2020, the United Kingdom (UK) left the European Union (EU). The Withdrawal Agreement agreed with the EU entered into force. The Ireland/Northern Ireland Protocol ( ˜the Protocol ™) in the Withdrawal Agreement sets out the EU law that will continue to apply to and in Northern Ireland (NI) after the end of the Implementation Period. This includes the EU Blood Directive (2002/98/EC), EU Tissues and Cells Directive (2004/23/EC), and EU Organs Directive (2010/53/EU) (including the Commission implementing directives). This means that NI must continue to meet the requirements of the Directives for as long as the Protocol is in force. Four instruments make the changes needed to allow NI to meet these requirements. These four SIs are: the Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020; the Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020; the Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020; and the Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020. These four SIs have been drafted separately as each amends different underlying legislation but each one brings forward very similar provisions. It is proposed that these instruments are grouped and debated together.

European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

08/10/2020

Executive Office

The purpose of this instrument is to ensure that the UK statute book works coherently
and effectively following the end of the transition period.
It clarifies how certain terms, including EU-related definitions, should be interpreted
in domestic legislation on or after IP completion day. As part of this, the instrument
clarifies how cross references to EU legislation should be read.
The instrument makes technical repeals to redundant provisions within primary
legislation arising from the European Union (Withdrawal) Act 2018 ( EUWA ).
These are primarily repeals of amending provisions, in particular relating to the
European Communities Act 1972 ( the ECA ), where EUWA has already provided
for the repeal of the amended provisions. The purpose of the repeals in these
Regulations is to tidy up the statute book and they have no substantive effect.
The instrument amends the Interpretation Act 1978 (and the devolved equivalents) in
relation to the interpretation of references to relevant separation agreement law .
The instrument also amends EUWA to provide for how existing references to EU
instruments that form part of relevant separation agreement law and how existing nonambulatory references to direct EU legislation should be read. It also makes
consequential amendments to the European Union (Withdrawal) Act 2018
(Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations
20191
(S.I. 2019/628) ( the 2019 Regulations ) and the Financial Services and
Markets Act 2000 (Qualifying EU Provisions) Order 2013.
The instrument makes new interpretation provisions in light of the European Union
(Withdrawal Agreement) Act 2020 (WAA), to remove uncertainty about which
version of an EU instrument applies, whether the retained version or the version
applied by the Withdrawal Agreement. The instrument provides a general gloss to
ensure that the correct interpretation of the EU instrument applies. SIs being prepared
by other departments in order to implement the Withdrawal Agreement, including the
Northern Ireland Protocol are relying on these glosses. These SIs are required for IP
completion day.

Food (Amendment) (EU Exit) Regulations 2020

08/10/2020

DAERA

The main purpose of this instrument is to place the Protocol on Ireland / Northern
Ireland to the Withdrawal Agreement ( the Protocol ) on a legal footing for food
labelling and Natural Mineral Waters (NMW) as required at the end of the
Implementation Period. It also makes some minor technical amendments to domestic
regulations and retained direct EU legislation to ensure the operability of this
legislation at the end of the Implementation Period.

Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020

08/10/2020

Health/FSA

On 31 January 2020, the United Kingdom (UK) left the European Union (EU). The Withdrawal Agreement agreed with the EU entered into force. The Ireland/Northern Ireland Protocol ( ˜the Protocol ™) in the Withdrawal Agreement sets out the EU law that will continue to apply to and in Northern Ireland (NI) after the end of the Implementation Period. This includes the EU Blood Directive (2002/98/EC), EU Tissues and Cells Directive (2004/23/EC), and EU Organs Directive (2010/53/EU) (including the Commission implementing directives). This means that NI must continue to meet the requirements of the Directives for as long as the Protocol is in force. Four instruments make the changes needed to allow NI to meet these requirements. These four SIs are: the Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020; the Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020; the Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020; and the Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020. These four SIs have been drafted separately as each amends different underlying legislation but each one brings forward very similar provisions. It is proposed that these instruments are grouped and debated together.

Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020

08/10/2020

DAERA

This instrument makes the necessary corrections to ensure that Regulation (EU)
2019/1021 of the European Parliament and of the Council on Persistent Organic
Pollutants ( POPs ) functions in Great Britain after the end of the Implementation
Period. This instrument also makes amendments for purposes relating to the
implementation of the Protocol on Ireland / Northern Ireland ( the Protocol ).

Pesticides (Amendment) (EU Exit) Regulations 2020

08/10/2020

DAERA

This instrument makes a number of amendments to earlier EU Exit SIs that convert
EU legislation (which forms the plant protection product ( PPP ) and maximum
residue level ( MRL ) regulatory regimes) into national law, to reflect when EU law
ceases to apply and retained EU law comes into force at the end of the implementation
period, thereby ensuring that the national regime will operate effectively. Most of the
amendments are required as a result of new EU legislation that has come into force
shortly prior to and during the implementation period, and so was not addressed by
our earlier EU Exit SIs. This instrument also makes amendments as a result of the
Northern Ireland Protocol ( NIP ) where the EU PPP and MRL regimes will continue
to apply, therefore legislative changes are required to remove Northern Ireland from
the retained EU legislation so that the new PPP and MRL regime applies in Great
Britain only, rather than UK-wide.

Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020

08/10/2020

Health/FSA

On 31 January 2020, the United Kingdom (UK) left the European Union (EU). The Withdrawal Agreement agreed with the EU entered into force. The Ireland/Northern Ireland Protocol ( ˜the Protocol ™) in the Withdrawal Agreement sets out the EU law that will continue to apply to and in Northern Ireland (NI) after the end of the Implementation Period. This includes the EU Blood Directive (2002/98/EC), EU Tissues and Cells Directive (2004/23/EC), and EU Organs Directive (2010/53/EU) (including the Commission implementing directives). This means that NI must continue to meet the requirements of the Directives for as long as the Protocol is in force. Four instruments make the changes needed to allow NI to meet these requirements. These four SIs are: the Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020; the Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020; the Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020; and the Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020. These four SIs have been drafted separately as each amends different underlying legislation but each one brings forward very similar provisions. It is proposed that these instruments are grouped and debated together.

Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

12/10/2020

DAERA/Protocol

The purpose of this instrument is to implement the Protocol on Ireland / Northern
Ireland to the Withdrawal Agreement ( the Protocol ) in the context of the
Convention on International Trade in Endangered Species of Wild Fauna and Flora
( CITES ), as required at the end of the Transition Period. This will be done by
making changes to the UK's existing CITES regime, comprised primarily of retained
EU law ( REUL ), insofar as it will operate in Great Britain, to ensure that the
relevant EU regulations can continue to be properly implemented in Northern Ireland. We are laying this instrument now in order to facilitate separate CITES regimes in
Northern Ireland and Great Britain. This will be achieved by making amendments to
retained EU law and relevant domestic regulations to take into account the coming
into force of the Protocol. This instrument also makes outstanding operability changes to REUL and will
consolidate previous EU Exit SIs made in the context of CITES in order to make
REUL clearer and more accessible to end users.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

12/10/2020

Transport/Protocol

These Regulations amend the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) ( the 2019 Regulations ). These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies, and to give effect to the United Kingdom ™s obligations under the protocol on Ireland/Northern Ireland to the EU withdrawal agreement ( the Protocol ).

The 2019 Regulations made temporary amendments to legislation in the field of type approval for road vehicles and non-road mobile machinery and, in particular, provide for an interim arrangement allowing the Secretary of State, or Northern Ireland Department, to issue type approval certificates to holders of EU type approval granted other than in the United Kingdom and (in respect of road vehicles) for those type approval certificates to be the basis for the issue of certificates of conformity used for the purposes of vehicle registration. These interim arrangements are to have effect for a period of two years.

These Regulations amend the interim arrangements, following the inclusion of the relevant EU Type Approval legislation in Annex 2 to the Protocol, so that they continue to operate effectively Great Britain and also to allow vehicles which are qualifying Northern Ireland goods to be registered in Great Britain.

The 2019 Regulations are also amended to allow various engines, components and technical units within scope of the type approval legislation to be entered into service or placed on the market in Great Britain if they comply with the relevant legislative requirements as they apply in member States or Northern Ireland. These arrangements will also have effect for a period of two years.

These Regulations also make necessary consequential amendments to other related legislation.

These Regulations also amend Commission Regulation (EU) 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers (OJ L. No 353 21.12.20012, p.31). This amendment is to allow for the type approval in Great Britain of vehicles within scope of that Regulation which have a height exceeding 4 metres.

Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020

13/10/2020

Economy / Protocol

This SI fixes deficiencies in retained EU Ecodesign and Energy Labelling legislation
to ensure that this law remains fully operable in the UK after the end of the transition
period. With regards to energy labels specifically, some of the requirements apply
during the transition period (and will become retained EU law) and some of the
requirements apply after the transition period (and will not form part of retained EU
law). This SI makes fixes to address this. Secondly, this SI amends the Ecodesign for Energy-Related Products and Energy
Information (Amendment) (EU Exit) Regulations 2019 ( the first EU Exit SI ) to take
into account changes made to EU Ecodesign and Energy Labelling legislation since
the first EU Exit SI was laid. Thirdly, this SI will implement the Northern Ireland Protocol (NI Protocol) and
deliver unfettered access for qualifying NI goods on the GB market. To ensure full
legislative implementation of the NI Protocol, it amends the first EU Exit SI and
underlying legislation so that certain UK-wide provisions are limited to GB only and
bespoke fixes for Northern Ireland (NI) are implemented where necessary. EU
Ecodesign and Energy Labelling Regulations will continue to apply directly in NI
after the transition period. Finally, this SI will account for labelling and marking requirements from the end of
the transition period. It limits the recognition of CE marking to 12 months from 1
January 2021. In addition, it ensures that energy labels bear the UK flag and text from
1 January 2021 in place of the EU flag and any EU language text.

Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020

13/10/2020

Justice

These Regulations are made in exercise of the powers conferred by sections 8(1), 8B(1) and (2) and 23(1) and (2) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) ( the Withdrawal Act ), and section 41(1) and (5) of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Chapter 9 of Part 2 of these Regulations (extradition) is also made in part in reliance on various powers in the Extradition Act 2003 (c. 41).

Part 2 of these Regulations amends the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742) ( the law enforcement regulations ), and Part 3 amends the Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780) ( the criminal justice regulations ). These instruments were the means by which amendment was made to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, and to make savings and transitional provision in respect of certain law enforcement matters and procedures which had begun but not been completed before the end of the transitional period.

The purpose of these Regulations is to amend the law enforcement regulations and the criminal justice regulations in light of Title V and, in so far as it relates to police and judicial cooperation, Title VII of Part 3 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ( the withdrawal agreement ). Title V makes provisions in respect of ongoing police and judicial cooperation in criminal matters, relating to certain EU instruments for law enforcement cooperation and information exchange. Title VII makes provision in respect of data and information processed or obtained before the end of the transition period or in relation to ongoing proceedings under the withdrawal agreement. Similar provisions are made in Title III and Title IV of Part 3 of the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom ™s membership of the European Union ( the EEA EFTA separation agreement ) . These provisions are referred to in both agreements as other separation issues .

Generally, the other separation issues preserve the application of particular EU measures in respect of any matters or procedures begun (but not completed) before the end of the transition period. In addition, they preserve the applicable law on personal data and confidential treatment and restricted use of data and information, in respect of data and information stocks accrued or exchanged in relation to those transitional cases. By virtue of sections 7A and 7C of the Withdrawal Act, rights, powers, obligations, remedies etc as they arise or are created from time to time in the withdrawal agreement are given legal effect in the legal system of the United Kingdom (and sections 7B and 7C make similar provision in relation to the EEA EFTA separation agreement).

Additionally, these Regulations make further provision to address deficiencies in retained EU law (in particular under section 8(2)(a) to (d) and (g) of the Withdrawal Act) arising from the withdrawal of the United Kingdom from the European Union, in relation to EU law in the law enforcement and security sphere that has come into force since the law enforcement regulations were made, or where further deficiencies in existing retained EU law have been identified.

Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

13/10/2020

Department for Business, Energy & Industrial Strategy

The two main purposes of this instrument are firstly to ensure that, with respect to
product safety and metrology, the Protocol on Ireland/Northern Ireland in the
Withdrawal Agreement ( the Protocol ) is implemented, including provisions with
regard to the UK(NI) Indication and unfettered access for qualifying Northern Ireland
goods. Its second main purpose is to re-correct deficiencies arising out of the United
Kingdom ™s withdrawal from the European Union. This instrument does this by setting out the form of the UK(NI) Indication in
Schedule 1 and by making amendments to EU Exit legislation, which is not yet in
force, as well as making amendments to a number of pieces of product safety and
metrology legislation (which covers products ranging from lifts and machinery to toys
and cosmetics) as they apply in Northern Ireland on the one hand and Great Britain on
the other. The instrument will complement changes being made by other (negative)
statutory instruments which will provide a product safety and metrology framework
for Northern Ireland that meets the terms of the Protocol.

Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020

14/10/2020

DAERA

The Common Fisheries Policy ( CFP ) imposes a common approach to the
sustainable management of fisheries across the EU and its waters. A number of
statutory instruments made in 2019 under powers in the European Union
(Withdrawal) Act 2018 made amendments to EU CFP legislation that was scheduled
to become ˜retained EU law ™ on exit day. The amendments were intended to ensure
the retained CFP legislation would operate effectively upon the UK ™s withdrawal
from the EU. Following ratification of the EU withdrawal agreement, EU CFP
legislation will now become retained EU law at the end of the Transition Period and
this instrument is required to ensure retained EU law operates effectively from that
point. This instrument is required in relation to three categories of amendments:
a) Amendments required to account for new EU CFP legislation which has come
into force since the previous amending statutory instruments were drafted in
preparation for exit day.
b) Amendments required in consequence of the EU withdrawal agreement.
c) Amendments to previous amending statutory instruments, including amendments
to correct minor errors.

Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

14/10/2020

NI Protocol / Food Standards Agency

The purpose of this instrument is to: implement the Protocol on Ireland/Northern Ireland ( NIP ) by amending or
revoking the 17 EU Exit instruments in the field of food and food safety to apply
to Great Britain only, and additional instruments made in respect of Northern
Ireland; address a range of remaining deficiencies in retained EU law ( REUL ) in the
field of food and feed safety and hygiene to ensure the operability of REUL at the
end of the Implementation Period, and to take account of EU law that has come
into force since the 17 EU Exit instruments were made.

Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

14/10/2020

NI Protocol

This instrument transfers legislative functions that are currently conferred upon the
European Commission by Directive 2011/65/EU of the European Parliament and of
the Council on the restriction of the use of certain hazardous substances in electrical
and electronic equipment ( the RoHS Directive ), to be exercisable instead by the
Secretary of State in relation to England and Wales and Scotland after the end of the
EU Exit transition period. It amends the Restriction of the Use of Certain Hazardous
Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/2032)
( the RoHS Regulations ) as they apply in England and Wales and Scotland, to set out
in domestic legislation a list of restricted substances and tables of exemptions from the
restriction in regulation 3(1) of those Regulations, corresponding with provisions in
the RoHS Directive. It also makes amendments to the RoHS Regulations and the
Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640) ( the
Packaging Regulations ) to help ensure the UK meets its obligations under the
Protocol on Ireland / Northern Ireland to the Withdrawal Agreement ( the Protocol )
in respect of placing on the market requirements for packaging and the restriction of
the use of certain hazardous substances in electrical and electronic equipment.

Human Medicines (Amendment etc.) (EU Exit) Regulations 2020

20/10/2020

Health

This instrument amends: The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I.
2019/775) (the 2019 Regulations); the Human Medicines and Medical Devices (Amendment etc.) (EU Exit)
Regulations 2019 (S.I. 2019/1385) (the Second 2019 Regulations); the Medicines for Human Use (Clinical Trials) (Amendment) (EU Exit)
Regulations 2019 (S.I. 2019/744) (the Clinical Trials 2019 Regulations); and the Good Laboratory Practice Regulations 1999 (S.I. 1999/3106). The 2019 Regulations and the Second 2019 Regulations (together the 2019 SIs) and
the Clinical Trials 2019 Regulations make significant amendments to the Human
Medicines Regulations 2012 (S.I. 2012/1916) (the HMRs), the Medicines for
Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031) (the Clinical Trials
Regulations) and the Medicines (Products for Human Use) (Fees) Regulations 2016
(S.I. 2016/190) (the Fees Regulations). Those amendments were intended to ensure
that the Regulations were fit for purpose in a no deal EU Exit scenario. The HMRs,
the Clinical Trials Regulations and the Fees Regulations will remain the basis for the
regulation of medicines and clinical trials in Great Britain (GB) after 1 January
2021. This instrument amends the Regulations set out above in order that the HMRs, the
Clinical Trials Regulations and the Fees Regulations will continue to be effective at
the end of the Implementation Period for the purposes set out below. This instrument will amend how medicines and clinical trials will be regulated in
Northern Ireland (NI) and in GB at the end of the Implementation Period, taking
account the Northern Ireland Protocol (NIP).

Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

20/10/2020

DAERA

These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d), (f) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Part 2 contains amendments to various statutory instruments relating to imports of animals, germinal products and animal products.

Part 3 contains amendments to retained direct EU legislation relating to imports of those products.

Part 4 contains general transitional and saving provision to enable the continued use, from IP completion day, for transitional purposes, of model forms of certificates as provided for in EU law as it had effect before IP completion day. It also contains a power to amend, by regulations, the date on which those transitional provisions, and the transitional provisions in regulation 26(3) of the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) cease to have effect. Part 4 and the Schedule also contain revocations of various instruments.

Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020

20/10/2020

DAERA

This instrument amends a number of existing EU Exit SIs to ensure that the legislation
amended by those instruments will continue to operate effectively at the end of the
Transition Period and makes EU Exit related amendments to, or revokes, some recent
EU legislation which will become retained direct EU law. It also makes amendments
to primary and subordinate domestic legislation for similar purposes. It also includes
some technical amendments to EU Exit SIs that are needed in consequence of the
Protocol on Ireland / Northern Ireland to the Withdrawal Agreement (the Protocol").
This instrument also transfers some functions from the European Commission to the
Secretary of State and the Devolved Administrations.

Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (Revocation) Regulations 2020

21/10/2020

DAERA

This instrument revokes the Air Quality (Amendment) (Northern Ireland Protocol)
(EU Exit) Regulations 2020 (S.I. 2020/1132) which was made in error before receipt of formal consent
from Northern Ireland was obtained.

Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020

21/10/2020

DAERA

This instrument will ensure that retained European Union (EU) legislation and
domestic implementing legislation relating to the protection of animals at the time of
their killing, during transport and the criteria for animals being kept in control posts;
the use of leghold traps, the import of pelts and manufactured goods of certain wild
animal species; and the prevention and management of the introduction and spread of
invasive non-native species remains operable now that we have left the EU. The
proposed changes will ensure that the strict protections that are in place are
maintained by addressing failures of EU law to operate effectively, as well as other
deficiencies, arising from the withdrawal of the United Kingdom from the EU.
This instrument includes provisions related to EU Exit for Great Britain and Northern
Ireland, as well as changes to domestic enforcement legislation for the United
Kingdom. Changes to retained EU legislation (EU legislation preserved in UK law for
legal continuity after EU Exit) and domestic (UK developed) legislation are being
made in order to implement the Northern Ireland Protocol of the Agreement on the
withdrawal of the United Kingdom of Great Britain and Northern Ireland from the
European Union and the European Atomic Energy Community (the Withdrawal
Agreement). Furthermore, the changes ensure that imports of pelts and pelt products
from the EU will be treated the same as imports from any other third country. This
change is in line with wider government policy regarding the United Kingdom™s exit
from the EU.
This instrument also includes provisions to improve enforcement, which will enable
enforcement officers to use discretion when transferring seized specimens to
appropriate facilities, ensure the civil sanction provisions work as intended, and
enable the effective implementation of emergency measures under domestic
legislation for invasive non-native species.

The Customs Safety, Security and Economic Operators Registration and Identification (Amendment etc.) (EU Exit) Regulations 2020

21/10/2020

Finance

This instrument forms part of legislation to ensure the United Kingdom (UK) has a
customs safety and security regime in place at the end of the transition period
following the withdrawal of the UK from the European Union (EU). It introduces a
temporary waiver on the requirement for Entry Summary (ENS) declarations from
countries that do not currently require them, and changes the timing requirement for
the submission of a pre-arrival ENS for all short sea journeys, and a pre-departure
Exit Summary (EXS) declaration for short containerised sea journeys. The instrument also removes duplication between existing statutory instruments and
maintains the power to require registration for an Economic Operators Registration
Identification (EORI) number in certain other circumstances which was omitted from
a previous statutory instrument.

The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

21/10/2020

Executive Office

This Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 8 October 2020.
The purpose of this instrument is to ensure that the UK statute book works coherently
and effectively following the end of the transition period.
It clarifies how certain terms, including EU-related definitions, should be interpreted
in domestic legislation on or after IP completion day. As part of this, the instrument
clarifies how cross references to EU legislation should be read.
The instrument makes technical repeals to redundant provisions within primary
legislation arising from the European Union (Withdrawal) Act 2018 (EUWA).
These are primarily repeals of amending provisions, in particular relating to the
European Communities Act 1972 (the ECA), where EUWA has already provided
for the repeal of the amended provisions. The purpose of the repeals in these
Regulations is to tidy up the statute book and they have no substantive effect.
The instrument amends the Interpretation Act 1978 (and the devolved equivalents) in
relation to the interpretation of references to relevant separation agreement law.
The instrument also amends EUWA to provide for how existing references to EU
instruments that form part of relevant separation agreement law and how existing nonambulatory references to direct EU legislation should be read. It also makes
consequential amendments to the European Union (Withdrawal) Act 2018
(Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations
20191
(S.I. 2019/628) (the 2019 Regulations).
The instrument makes new interpretation provisions in light of the European Union
(Withdrawal Agreement) Act 2020 (WAA), to remove uncertainty about which
version of an EU instrument applies, whether the retained version or the version
applied by the Withdrawal Agreement. The instrument provides a general gloss to
ensure that the correct interpretation of the EU instrument applies. SIs being prepared
by other departments in order to implement the Withdrawal Agreement, including the
Northern Ireland Protocol are relying on these glosses. These SIs are required for IP
completion day.

Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020

22/10/2020

DAERA

Primarily, this instrument will amend retained EU legislation to introduce a
comprehensive regulatory framework for Geographical Indication (GI) schemes in the
UK. This instrument also makes operability amendments for wines and spirits sector
standards (non-GI). On GI schemes, this instrument corrects the retained EU Regulations that will form
the legal basis for three of four schemes in Great Britain (GB) at the end of the
transition period, plus amendments needed for operation of the wine GI scheme. This
includes providing continued protection in GB of established UK GIs, and non-UK
GIs recognised under the EU GI schemes on 31st December 2020. This instrument reflects the position of the Protocol on Ireland/Northern Ireland to the
Withdrawal Agreement (the Protocol). This means, for the duration of the Protocol,
the territorial extent of the new GI schemes will not include Northern Ireland, which
remains under the EU rules. However, as the schemes will be administered and
regulated by the UK Government, they are referred to as the ˜UK GI Schemes™ for the
remainder of this document (whilst references to the schemes™ territorial extent are to
GB).

Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020

22/10/2020

DAERA

The Common Fisheries Policy (CFP) imposes a common approach to the
sustainable management of fisheries across the European Union and its waters.
Several provisions of the CFP are included in Annex 2 to the Protocol on Ireland /
Northern Ireland in the EU Withdrawal Agreement (the Protocol) and will therefore
be directly applicable in the UK in respect of Northern Ireland from the end of the
transition period. This instrument makes amendments to domestic law, retained EU
law and previous amendments to retained EU law, all in the field of the CFP, ensuring
the legislation operates effectively for the UK outside of the European Union to
account for the inclusion of that legislation in Annex 2 to the Protocol.

Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020

22/10/2020

Executive Office

This instrument will ensure that Northern Ireland will continue to implement EU law
required by the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement
(the Protocol) relating to explosives precursors and firearms.

Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020

02/11/2020

DAERA

The purpose of this instrument is to ensure that legislation relating to animal and
aquatic health, invasive alien species, plant propagating material and seeds remains
operable following the Withdrawal Agreement, the Protocol on Ireland / Northern
Ireland (the Protocol), and recent updates to EU law. The amendments in this
instrument are technical in nature with no changes to policy. The amendments made by this instrument will address deficiencies in domestic
legislation including previously made EU Exit legislation, e.g. by removing
references to EU institutions that are no longer appropriate; removing obligations to
report to, or seek approval from, the European Commission; and removing provisions
relating to reciprocal arrangements and provisions that will no longer exist or operate
following the end of the transition period.
In addition, the instrument will: amend retained EU law; replace references to the EU™s Trade Control and Export System (TRACES)
with references to the UK™s new system for import notifications and controls, the Imports of Products, Animals, Food and Feed System (IPAFFS); remove transitional measures which expire at the end of the Transition Period; make operability changes to recent amendments to EU law that were settled in the EU too late to be covered by the earlier EU Exit legislation; make reference to the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations, and the new Annex 6 to the Official Controls Regulation (EU) 2017/625; apply a reciprocal approach to the EU, in particular so that EU breed societies are subject to the same recognition and listing process as third country breeding bodies by the UK as the EU is applying to UK breed societies post Transition Period. This is subject to a six month transitional period during which EU breed societies will be automatically listed by the UK; make a few very minor corrections to drafting errors in earlier EU Exit SIs; and make minor amendments to domestic legislation using section 2(2) of the European Communities Act 1972 in order to ensure regimes can be made operable at the end of the Transition Period.

Aquatic Animal Health & Alien Species in Aquaculture, Animals, & Marketing of Seed, Plant & Propagating Material (Legislative Functions & Misc Provisions) (Amendment) (EU Exit) Regulations 2020

02/11/2020

DAERA

This instrument provides for legislative functions that are currently conferred by
European Union (EU) legislation upon the European Commission (the
Commission) and the Council of the European Union (the Council) to be
exercisable instead by appropriate authorities in Great Britain (GB), so that they can
be exercised at national level after the end of the transition period. It amends
previously made EU Exit statutory instruments (EU Exit SIs) in order to reflect the
change in legislative position following the Withdrawal Agreement, the Protocol of
Ireland / Northern Ireland (the Protocol). It also makes amendments to reflect
changes to EU Regulations since the EU Exit SIs were made and for new directly
applicable EU legislation that will be retained and must be made operable. This instrument contains provisions relating to seven policy areas: seed, plant and
plant propagating material; aquatic animal health; Transmissible Spongiform
Encephalopathies (TSEs) and Animal By-Products (ABPs); livestock; zoonotic
diseases; pet travel; and the use of alien and locally absent species in aquaculture.

Energy Information (Amendment) Regulations 2020

02/11/2020

Infrastructure

The purpose of this instrument is to amend the table at paragraph 1 of Schedule 1 of
the Energy Information Regulations 2011 (the 2011 Regulations). This table lists
the EU energy labelling measures that currently have effect, and that can therefore be
enforced by the UK market surveillance authorities (MSAs) under the 2011
Regulations. This instrument adds to the table new energy labelling measures coming
into force from 1 November 2020 pursuant to Commission Delegated Regulations
made under the EU Energy Labelling Framework Regulation (EU) 2017/1369. Transitional provisions in most of the new Commission Delegated Regulations came
into force on the 25 December 2019 to allow manufacturers to make the product
information sheet available through the EU product database (EPREL), but the
substantive provisions relating to the design of the labels and the information they
provide come into force on 1 November 2020 or 1 March 2021. This instrument will provide MSAs with the legal basis to enforce new energy
labelling requirements for: household washer-dryers, household washing machines,
household dishwashers, household refrigerating appliances and electronic displays. This instrument will not be in force by the 1 November 2020, and so there will be an
enforcement gap of a few weeks. However, as products take many months to go
through product design, testing and distribution, and energy labels are prepared well
in advance of sale, the risk that companies may take advantage of this temporary lack
of enforcement is very low.

Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

02/11/2020

DAERA

The purpose of this instrument is to make amendments to existing EU retained
Regulations governing official controls on imports to Great Britain of animals and
animal products, plants and plant products, including food and other imports relevant
to the agri-food chain “ collectively known as ˜sanitary and phyto-sanitary™ (SPS)
checks. Official controls are performed at appropriately designated border control points and
other points of entry, and may also be carried out at other locations, such as
slaughterhouses, to verify the compliance of imported SPS goods with Official
Controls Regulations (OCR). These controls are integral to the protection of human
health and biosecurity in the UK, as they deliver a risk-based and closely defined
regime for checking the provenance, health and lack of contamination of SPS goods
before they are allowed to pass beyond the control points at the UK border. This instrument rectifies legal deficiencies arising from the withdrawal of the United
Kingdom from the European Union which, if not amended, would prevent our
existing, established and harmonised system of official controls on SPS imports from
being able to operate after the end of the Implementation Period. For example,
references in retained EU Official Controls Regulations to legislative functions of the
European Commission, are amended to be exercisable instead by the UK Secretary of
State or the appropriate authority of the UK Devolved Administrations. These are
termed operability amendments.

Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020

02/11/2020

Executive Office

Article 18 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom from the European Union makes provision for consent to be provided by the Northern Ireland Assembly to the continued application of Articles 5 to 10 of that Protocol. Consent must be given every 4 or 8 years depending whether it is given on a simple majority or cross-community basis.

These Regulations make provision for that democratic consent process. They do so by inserting a new Schedule 6A in the Northern Ireland Act 1998 (c. 47). Part 3 of that Schedule makes provision for the process that will apply in circumstances where there is a functioning Northern Ireland Executive. Part 4 makes provision for the process that will apply in circumstances where there is not a functioning Executive in place. This is consistent with the undertaking made by the United Kingdom Government in its declaration concerning the operation of the Democratic consent in Northern Ireland provision of the Protocol made on 17 October 2019 (unilateral Declaration).

Where consent is given on a simple majority rather than cross-community basis, then Part 6 of new Schedule 6A requires the Secretary of State to commission an independent review into the functioning of the Protocol and the implications of any decision to continue or terminate alignment on social, economic and political life in Northern Ireland. Again, this is consistent with the undertakings made by the Government in the unilateral Declaration.

Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020

02/11/2020

DAERA

The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020
amends the Veterinary Medicines Regulations 2013 (VMR), the Animal and
Animal Products (Examination of Residues and Maximum Residue Limits) (England
and Scotland) Regulation 2015 (Residues Regulations), and the relevant retained
European Union (EU) law as set out in Section 6. This instrument will ensure that the
regulatory regimes for veterinary medicines and residues surveillance remain operable
and enforceable in the UK after the end of the Transition Period. The amendments to
the VMR also reflect the requirements and effect of the protocol on Ireland/Northern
Ireland (the Protocol).

Heat Network (Metering and Billing) (Amendment) Regulations 2020

06/11/2020

Economy

This instrument amends the existing Heat Network (Metering and Billing)
Regulations 2014 (S.I. 2014/3120) (as amended by S.I. 2015/855) (the Regulations)
which originally transposed heat network metering and billing requirements of
Directive 2012/27/EU (the Energy Efficiency Directive (EED)). The amendments
ensure that metering devices which measure consumption of heating, cooling or hot
water by each final customer are installed in buildings where it is technically feasible
and cost-effective to do so, and ensure that compliance with the metering and billing
requirements of the Regulations is enforced. This instrument extends mandatory
billing and meter accuracy requirements to all customers in buildings where metering
devices are installed.

Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020

09/11/2020

HM Treasury

This instrument forms part of legislation to be made under the Taxation (Cross-border
Trade) Act 2018 (TCTA) to ensure that the United Kingdom (UK) has a customs
regime in place at the end of the transition period following the withdrawal
of the UK
from the European Union (EU).
The measures contained in this instrument introduce a number of changes that will
allow customs procedures to continue to operate efficiently at the end of the transition
period and will help to facilitate the movement of goods between Great Britain and
the EU. They include the application of staged border controls by allowing goods to
move without full customs controls through border locations without existing customs
control systems, clarifying the simplified declaration process, introducing new rules
for travellers for goods that cannot be declared orally or by using paper declarations,
and extending the scope of the process for making declarations by conduct.

Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020

09/11/2020

Infrastructure

The purpose of this instrument is to transpose Directive (EU) 2017/2108 which
amended Directive (EC) 2009/45, pursuant to the UK™s transposition obligations
during the transition period which ends on 31st December 2020. This will ensure a
continued high standard of safety is maintained on UK seagoing domestic passenger
ships, but with the advantage that such ships under 24 metres (m) in length, may now
be covered by bespoke, and more proportionate, national safety standards.

Road Vehicles (Registration and Licensing) (Amendment) (EU Exit) Regulations 2020

09/11/2020

Infrastructure

The purpose of this instrument is to: (a) revoke regulation 27B of the Road Vehicles (Registration and Licensing)
Regulations 2002 (the 2002 Regulations), and the instrument which inserted it;
regulation 27B gave effect to Directive (EU) 2015/413 of the European Parliament
and of the Council (OJ No L 68, 13.3.15, p.9) (the Directive) by requiring the
Secretary of State to provide to European Union Member States the identity of the
registered keepers of vehicles, and related information, alleged to have been used in
those States in the commission of traffic offences to which the Directive applies, such
as speeding;
(b) substitute IP completion day for exit day in amendments made to the 2002
Regulations by the Road Vehicles (Registration, Registration Plates and Excise
Exemption) (Amendment) (EU Exit) Regulations 2018, as the amendments are due to
come into force on IP completion day rather than exit day following the end of the
transition period provided for in the EU Withdrawal Agreement.

Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) (No. 2) Regulations 2020

10/11/2020

Economy

This instrument will make amendments to previously made legislation to prepare the
United Kingdom™s (UK™s) audit regulatory regime for the end of the Transition
Period. It will grant states of the European Economic Area (the EEA States) and
Gibraltar approval as equivalent third countries and their audit regulatory authorities
status as approved third country competent authorities on account of the adequacy
of their arrangements for the transfer of audit working papers and investigation
reports. This instrument will also extend the duration of the period of provisional approval as
an approved third country competent authority that has been granted to the
Independent Regulatory Board of South Africa. These amendments will come into effect at the end of the Transition Period. This
instrument is intended to ensure that the UK™s audit regulatory regime continues to
allow for cross-border listing of securities on the UK™s regulated markets by
companies in the EEA States and Gibraltar and makes sure there are no obstacles in
the UK framework for regulatory cooperation with their competent authorities.

The Medical Devices (Amendment etc.) (EU Exit) Regulations 2020

10/11/2020

Health

This SI supersedes the draft of the same title which was laid before Parliament and published on 15 October 2020. This instrument is required to ensure that the United Kingdom (˜UK™) has a
functioning statute book at the end of the implementation period (˜IP™) and makes a
number of amendments to other instruments for that purpose. The instruments this
instrument amends are: 1. Medical Devices (Amendment etc.) (EU Exit) Regulations 2019/791 (the 2019
Regulations); 2. Schedule 2 to the Human Medicines and Medical Devices (Amendment)(EU
Exit) Regulations 2019/1385 (the Amendment Regulations); and
3. Medical Devices Regulations 2002 S.I. 2002/791 (the Principal Regulations).
These amendments are being made to ensure that the regulatory landscape is fit for
purpose at the end of the IP. The amendments will also ensure the safety of UK
patients through the continued supply of approved devices to the UK.

The Plant Health (Amendment etc.) (EU Exit) Regulations 2020

10/11/2020

DAERA

This SI supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring
that effective phytosanitary controls continue to operate within GB and between GB
and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031) on protective measures against pests of plants and
Regulation (EU) 2017/625) on official controls and other official activities performed
to ensure the application of food and feed law, rules on animal health and welfare,
plant health and plant protection products (the EU Regulations) and associated
implementing legislation will be made operable for GB. The result of the European
Union (Withdrawal) Act 2018 (the Withdrawal Act) is that the UK leaves the EU
single market. The operability amendments contained in this instrument create a
˜single market™ covering GB and the Crown Dependencies. The EU will become a
third country and, as a result, be subject to third country import controls. Plant health
controls on material imported from third countries will continue to be applied and will
focus on risks to GB, rather than risks to the EU. Internal controls will also continue
to apply to movement of goods within the GB internal market.

The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020

10/11/2020

DAERA

This draft Statutory Instrument supersedes the draft of the same title which was laid before
Parliament on 15 October 2020.
The purpose of this instrument is to protect biosecurity and support trade by ensuring
that effective phytosanitary controls continue to operate within GB and between GB
and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031 on protective measures against pests of plants and
Regulation (EU) 2017/625 on official controls and other official activities performed
to ensure the application of food and feed law, rules on animal health and welfare,
plant health and plant protection products (the EU Regulations) and associated
implementing legislation will be made operable for GB.

Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020

16/11/2020

Communities

This instrument ensures that, aside from some specific savings provisions, the EU
Social Security Co-ordination Regulations (SSC Regulations) which are retained on a
unilateral basis under section 3 of the European Union (Withdrawal) Act 2018 (EUWA)
will not take effect in domestic law from the end of the transition period in areas of
DWP and HMT policy. It also revokes the four statutory instruments which have been
made to fix the deficiencies that would arise in the areas of DWP and HMT policy from
the unilateral operation of the retained SSC Regulations, to the extent that they are no
longer required. This instrument also has the effect of bringing forward the day on which amendments
will be made to the Social Security Administration Act (SSAA) 1992 and the Social
Security Administration (Northern Ireland) (SSAA(NI)) Act 1992 for the purpose of
implementing, and giving effect to, reciprocal agreements with international
organisations covering social security. These amendments were originally due to be
made by SI No. 2019/128 and SI No. 2019/129 and were due to come into effect on IP
Completion Day. However, these amendments will now be effective from the day after
this instrument is made.

Seeds (Amendment etc.) (EU Exit) Regulations 2020

17/11/2020

DAERA

This instrument is required to ensure that the UK has a functioning statute book at the
end of the Implementation Period (IP). It uses the power under Section 8C of the
European Union (Withdrawal) Act 2018 (the Withdrawal Act) to implement the
Protocol on Ireland / Northern Ireland to the withdrawal agreement (the Protocol) to
amend the Seeds (National Lists of Varieties) Regulations 2001 (National Lists
Regulations 2001) so that they apply to Great Britain (GB) only and makes
consequential changes to the Seeds (National Lists of Varieties) (Fees) Regulations
1994 (the Fees Regulations).

Food and Drink (Amendment) (EU Exit) (No. 4) Regulations 2020

19/11/2020

DAERA

These regulations make minor amendments to retained EU legislation on food
information rules and wine.

Air Quality (Amendment) (Northern Ireland Protocol) (EU Exit) (No. 2) Regulations 2020

26/11/2020

DAERA

The purpose of this instrument is to implement the Protocol to the Withdrawal
Agreement on Ireland/Northern Ireland (the Protocol). The Protocol sets out that
certain provisions of Union law listed in the Protocol shall apply under certain
conditions in the United Kingdom in respect of Northern Ireland. At Annex 2 of the
Protocol, which concerns customs and the movement of goods, the Protocol lists
Directive 2004/42/EC on the limitation of emissions of volatile organic compounds
from certain paints and varnishes and vehicle refinishing products (the VOCs in
Paints Directive⠝). At Annex 4, which concerns the supply of electricity, trading in
wholesale electricity or cross-border exchanges in electricity, the Protocol lists
Directive 2010/75/EU (the Industrial Emissions Directive). This instrument will ensure that the UK meets its obligations under the Protocol in
respect of the products covered by the VOCs in Paints Directive and activities that
come within the Industrial Emissions Directive (in so far as they meet the limitations
set out in the Protocol). It does this by amending the Air Quality (Miscellaneous
Amendment and Revocation of Retained Direct EU Legislation) (EU Exit)
Regulations 2018 (2018/1407) and the Air Quality (Amendment of Domestic
Regulations) (EU Exit) Regulations 2019 (2019/74) so that the legislation amended by
those instruments continues to apply in the UK in respect of Northern Ireland in a
manner which reflects the requirements of the Protocol.