• In Focus

    Product standards and measurements after Brexit

    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.

  • In Focus

    Proposal to extend the power of the UK courts to depart from retained EU case law

    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.

  • In Focus

    Heavy commercial vehicles in Kent: 2020 orders

    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.

  • In Focus

    United Kingdom Internal Market Bill and the Northern Ireland Protocol: What happened at the Lords committee stage?

    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.

  • In Focus

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

    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.

  • In Focus

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

    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.

  • In Focus

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

    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.

  • In Focus

    Type approval and carbon dioxide emissions regulations 2020

    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.

  • In Focus

    Construction Products (Amendment etc.) (EU Exit) Regulations 2020

    The marketing of construction products in the UK is regulated by EU law. The European Union (Withdrawal) Act 2018 ensures that EU-derived domestic legislation and directly applicable EU law will continue to have effect after the end of the transition period. In 2019, regulations were introduced to ensure that UK legislation in this area could function effectively after the transition period. However, Northern Ireland will now remain subject to relevant EU laws as a result of the Ireland/Northern Ireland Protocol. This article looks at the draft statutory instrument that would amend the 2019 regulations and enable Northern Ireland to continue to meet EU law.

  • In Focus

    Regulation of organic products and genetically modified organisms

    The regulation of organic products, and of genetically modified organisms, 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 ensured that the retained law refers to the UK system, not the EU. However, under the Northern Ireland Protocol, Northern Ireland will remain subject to the EU’s laws. This article looks at two statutory instruments that further amend the 2019 regulations so that they refer only to Great Britain, enabling Northern Ireland to continue to meet EU law.

  • In Focus

    Financial services and markets regulations

    The House of Lords is scheduled to debate four statutory instruments relating to the financial services and markets sector on 10 November 2020. Three of them relate to the UK’s withdrawal from the European Union. The House of Lords Secondary Legislation Scrutiny Committee has not raised concerns about any of the regulations. The House of Commons is yet to consider them.

  • In Focus

    Regulation of substances of human origin in Northern Ireland

    The UK legislation for the safety and quality of blood, organs, tissue and cells (including reproductive cells) is based on EU law. The European Union Withdrawal Act 2018 ensures that EU-derived domestic legislation will continue to have effect after the end of the transition period. In 2019, regulations were introduced to ensure that UK legislation in this area could function effectively after the transition period. However, Northern Ireland will remain subject to relevant EU laws as a result of the Ireland/Northern Ireland Protocol. This article looks at four statutory instruments that would amend the 2019 regulations and enable Northern Ireland to continue to meet EU law.

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