UK MINISTERS ACTING IN DEVOLVED AREAS
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The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2018 Laid in the UK Parliament: 28 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 |
11 December 2018 |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
w/c 10 December 2018 |
Date sifting period ends in UK Parliament |
17 December 2018 |
Written statement under SO 30C: |
Paper 39 |
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 amend the Environmental Permitting (England and Wales) Regulations 2016 (“the 2016 Regulations”). The 2016 Regulations established a cross-cutting environmental permitting and compliance system in England and Wales, and comprise a framework through which the permitting requirements of a series of EU Directives, and some domestic legislation, are implemented in England and Wales. Accordingly, the 2016 Regulations contain numerous references to EU Directives and to the UK’s obligations as a Member State, which would not function following the UK’s exit from the European Union.
These Regulations insert a new Schedule 1A into the 2016 Regulations, which contains modifications to the EU Directives transposed by the 2016 Regulations. Those modifications apply only for the purposes of interpreting the 2016 Regulations.
The effect of these Regulations is therefore to correct deficiencies in the 2016 Regulations arising from the UK’s exit from the European Union. The Regulations do not implement new policy.
Legal Advisers agree with the statement laid by the Welsh Government dated 3 December 2018 regarding the effect of these Regulations.
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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