UK MINISTERS ACTING IN DEVOLVED AREAS
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The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2018 Laid in the UK Parliament: 15 November 2018 |
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Sifting |
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Subject to sifting in UK Parliament? |
Yes |
Procedure: |
Proposed negative |
Date of consideration by the House of Commons European Statutory Instruments Committee |
27 November 2018 |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
W/C 26 November 2018 |
Date sifting period ends in UK Parliament |
3 December 2018 |
Written statement under SO 30C: |
Paper 32 |
SICM under SO 30A (because amends primary legislation) |
Not required |
Scrutiny procedure |
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Outcome of sifting |
Not known |
Procedure |
Negative or Affirmative |
Date of consideration by the Joint Committee on Statutory Instruments |
Not known |
Date of consideration by the House of Commons Statutory Instruments Committee |
Not known |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
Not known |
Commentary
These Regulations are proposed to be made by the UK Government pursuant to section 2(2) of the European Communities Act 1972 and section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018.
The purpose of this SI (negative procedure) is to correct retained, directly-applicable EU legislation and the Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations 1996, as the latter pre-date devolution and applies to Great Britain. The amendments would ensure on day-one exit GMOs could continue to be authorised, marketed and cultivated. The overarching EU legislation in the case is the 2001/18 EU. Legal Advisers agree with the statement laid by the Welsh Government dated 20 November 2018 regarding the effect of these Regulations.
The above summary and the content of the Explanatory Memorandum to these Regulations confirm their effect and the extent to which these Regulations would enact new policy in devolved areas. Legal Advisers do not consider that any significant issues arise under paragraph 8 of the Memorandum on the European Union (Withdrawal) Bill and the Establishment of Common Frameworks in relation to these Regulations.
Legal Advisers have not identified any legal reason to seek a consent motion under Standing Order 30A.10 in relation to these Regulations.
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