• In Focus

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

    In 2021, the UK will no longer be subject to EU state aid policy. The UK will follow World Trade Organisation (WTO) rules and the Government will consult on whether to go beyond them. The Government has laid draft regulations to disapply state aid provisions from retained EU law. This article looks at the background on state aid, including its relevance to the Northern Ireland Protocol and the future relationship negotiations with the EU.

  • In Focus

    Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020

    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.

  • In Focus

    Proxy voting and the House of Lords

    Members of the House of Commons may now vote by proxy in certain circumstances. In contrast, the practice has been prohibited in the House of Lords for over 150 years. What is the background to the rule against proxy voting in the second chamber?

  • In Focus

    Legislative Reform (Renewal of Radio Licences) Order 2020

    The Legislative Reform (Renewal of Radio Licences) Order 2020 is a specific kind of statutory instrument called a legislative reform order (LRO). Such orders are designed to reduce certain burdens caused by legislation. These particular orders would extend analogue radio licences due to expire from 2022 for a further ten-year period on the condition that they also provide a service on an appropriate digital radio multiplex.

  • In Focus

    Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020

    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.

  • 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

    Covid-19: Winter rough sleeping plan

    Rough sleepers have been identified as an at-risk group who are vulnerable to contracting and spreading Covid-19. The Government has launched several schemes to support local authorities and their partners to provide covid-secure accommodation to those sleeping rough or at risk of sleeping rough. In November 2020, the Government launched the Protect programme, which provides targeted funding throughout the winter to support areas with high numbers of rough sleepers.

  • 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.