The draft Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 would implement the mechanism for obtaining democratic consent in Northern Ireland to the continued application of articles 5 to 10 of the Protocol on Ireland/Northern Ireland to the withdrawal agreement.
In the United Kingdom Internal Market Bill, the Government is seeking to ensure unfettered access to the UK internal market for “qualifying Northern Ireland goods”. On 30 November 2020, the House of Lords is due to debate the draft Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020. They contain the definition of “qualifying Northern Ireland goods” that will apply to the bill. This article explains the background to the regulations, and why the Government also intends to introduce further legislation in this area.
Medicinal and agrochemical products can be granted a Supplementary Protection Certificate, an intellectual property right associated with patents, to provide up to five years of additional rights and protections once their patents have expired. In order to apply for an SPC, a product must receive approval to be sold on the UK market. Under the Northern Ireland/Ireland Protocol, products to be sold in Northern Ireland must obtain approval under EU law, whilst products to be sold in the rest of the UK will obtain approval under UK law. Currently, this marketing authorisation is only given on a UK-wide basis. This regulation amends the market authorisation process to enable authorisations to be granted for the Northern Ireland market only and for the Great Britain market only.
The regulation of product safety, and weights and measures, is based on EU law. The European Union (Withdrawal) Act 2018 brings this EU law into UK statute, so that it will continue to have effect after the end of the transition period. Amendments since have made to enable this framework to operate smoothly in the UK, and added provisions such as a UK conformity mark. This article looks at a further statutory instrument that amends retained EU law in the area, particularly in light of the Northern Ireland Protocol.
The European Union (Withdrawal) Act 2018 provides the UK Supreme Court and the High Court of Justiciary in Scotland with the power to depart from retained EU case law after the end of the transition period. Draft regulations, introduced by the Government in October 2020, seek to extend this power to the Court of Appeal and other equivalent courts and tribunals. This article looks at the detail of the regulations and recent scrutiny that has taken place.
The House of Lords is due to consider two related statutory instruments on 26 November 2020. Along with a third order, the instruments amend orders from 2019 which made provision for ‘Operation Brock’. This is a planned system to manage heavy commercial vehicle (HCV) traffic in Kent when there are delays in exporting goods from Great Britain (GB) to the EU after the transition period. This article examines what the 2020 orders do and why they are being made.
The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 allow for the implementation of the separation provisions in the UK-EU withdrawal agreement relating to law enforcement and security cooperation.
On 9 November 2020, the House of Lords voted to remove from the United Kingdom Internal Market Bill controversial clauses relating to the Northern Ireland Protocol. This article explains what these votes were about and considers what might happen in relation to these clauses in the bill’s further parliamentary stages.
After the transition period, customs procedures for goods arriving from the EU will change. These regulations would amend earlier regulations by: delaying until 1 July 2021 the requirement for entry summary declarations for goods coming from the EU to Great Britain; introducing shorter deadlines for submitting exit and entry summary declarations for goods being moved to/from certain territories by short sea journeys; and correcting issues relating to economic operators registration and identification requirements.
The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 would amend the existing law on firearms and certain potentially explosive substances, known as ‘explosive precursors’. This is to take account of the Protocol on Ireland/Northern Ireland.
There is currently a system for mutual recognition of health and social care qualifications within and between European Economic Area states and Switzerland. The UK has passed legislation amending its provisions in this area to take account of its exit from the EU. In recent agreements with Switzerland and the European Free Trade Area states, the UK committed to conditions for these countries which go further than the legislation that has already been passed. The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 would implement these commitments.
The UK will no longer be part of EU reciprocal and cross-border healthcare arrangements after the transition period ends on 31 December 2020. However, some groups of people will retain rights after this under the terms of the withdrawal agreement. The Government made regulations in 2019 to deal with reciprocal and cross-border healthcare if the UK left the EU with no ‘divorce’ deal. It is now planning to update these regulations to reflect the withdrawal agreement.
Catch up on a selection of articles you may have missed from October and November 2020. Brexit articles this month include results from the British Social Attitudes survey, and how Australia is impacted by the Brexit negotiations.
Certain regulations on vehicles and carbon dioxide emission targets are currently regulated by the EU. The UK Government has put in place statutory instruments intended to retain these regulations when the transition period ends for leaving the EU. This article looks at three draft SIs which make amendments to current legislation to ensure the regulations can function effectively after the transition period, and that the UK meets its obligations under the Ireland/Northern Ireland Protocol.