• 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

    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

    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

    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

    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

    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

    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

    Changes to the planning system in England: Permitted development rights and use classes

    In August and September 2020, the Government made several changes to the planning system in England. It introduced secondary legislation creating new permitted development rights and making changes to use classes. Five of these statutory instruments are being debated in the House of Lords on 27 October 2020. This article provides a summary of these instruments and the scrutiny they have received so far in Parliament.

  • In Focus

    Coronavirus: Restrictions on businesses and social gatherings

    In September 2020, the Government placed new restrictions on businesses selling food and drink, requiring many to close between 10pm and 5am. It also introduced further limits on the exemptions to its “rule of six” for social gatherings. This article looks at the Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020, which implemented these new measures.

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