EU Withdrawal Act 2018 statutory instruments
Published: 19 Jul 2019

The first batch of proposed legislation for the Secondary Legislation Scrutiny Committee to consider have been published.

These proposed Statutory Instruments (SIs) are the start of a series of proposed legislative changes that will be necessary for when the UK leaves the European Union on "exit day". Prior to being implemented into law, these SIs will pass through the newly established Secondary Legislation Scrutiny Committees. Each House will have its own designated Committees.

The Committees will be taking up the role of "sifting" through proposed negative instruments following the passing of the European Union (Withdrawal) Act 2018.

The European Union (Withdrawal) Act 2018 gives Ministers wide powers to make Regulations to deal with the deficiencies in retained EU law which will result from the UK's withdrawal from the EU. It allows them a choice of procedure and most Regulations will first be laid as "proposed negative instruments", which after a "sifting" process, will be laid as SIs.

The process

How the process will work:

  • Ministers will propose negative instruments for consideration;
  • the Committees will have 10 days, starting the day after the proposed negative instrument is laid to scrutinise the proposed legislation and make their recommendations;
  • if either Committee recommends a proposed negative instrument should be upgraded to an affirmative procedure, the Minister may either accept or reject the recommendation, and if rejected give a written statement explaining why;
  • any instruments recommended for upgrade will be listed online.

What are negative instruments?

Negative instruments are made by a Minister before they are laid before Parliament, and they come into force generally 21 days after being laid.

To prevent a negative instrument coming into force or remaining in force, a motion to annul it has to be agreed by the Parliament in the Chamber no later than 40 days after the instrument was laid. If no such motion is made, the instrument automatically becomes law.

This process is different to the affirmative procedure where an instrument will usually first be presented in draft format and will not come into force until it has been approve by Parliament.

The current proposed negative statutory instruments relevant to health, safety and environmental legislation are the:

Published statutory instruments

As time goes on, the negative instruments will be laid before Parliament and then passed into law. The following list shows the confirmed statutory instruments that will come into force on exit day, which is 29 March 2019 at 11pm:

  • Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations SI 2018/1004;
  • Timber and Timber Products and FLEGT (EU Exit) Regulations SI 2018/1025;
  • Seal Products (Amendments) (EU Exit) Regulations SI 2018/1034;
  • Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations SI 2018/1092;
  • Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations SI 2018/1093;
  • Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations SI 2018/1388;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations SI 2018/1120;
  • Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018 SI 2018/1165;
  • Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1202;
  • Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations SI 2018/1221;
  • Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations SI 2018/1232;
  • Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1234;
  • Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations SI 2018/1235;
  • Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations SI 2018/1278;
  • Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations SI 2018/1286;
  • Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1325;
  • CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations SI 2018/1336;
  • INSPIRE (Amendment) (EU Exit) Regulations SI 2018/1338;
  • Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations SI 2018/1342;
  • Health and Safety (Amendment) (EU Exit) Regulations SI 2018/1370;
  • Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2018/1377;
  • Marine Environment (Amendment) (EU Exit) Regulations SI 2018/1399;
  • Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations SI 2018/1400;
  • Persistent Organic Pollutants (Amendment) (EU Exit) Regulations SI 2018/1405;
  • Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations SI 2018/1407;
  • Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations SI 2018/1408;
  • Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/9;
  • Fisheries (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/24;
  • Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/24;
  • Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations SI 2019/25;
  • Environment (EU Exit) (Scotland) (Amendment etc.) Regulations SSI 2019/26;
  • Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/31;
  • Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/32;
  • Renewables Obligation (Amendment) (EU Exit) Regulations SI 2019/35;
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations SI 2019/39;
  • Marine Environment (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/55;
  • Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/57;
  • Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations SI 2019/74;
  • Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations SSI 2019/80;
  • Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/84;
  • Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations SI 2019/88;
  • Genetically Modified Organisms (Amendment) (EU Exit) Regulations SI 2019/90;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/94;
  • Control of Mercury (Amendment) (EU Exit) Regulations SI 2019/96;
  • INSPIRE (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/103;
  • Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations SI 2019/107;
  • Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/118;
  • Water (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/112;
  • Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/113;
  • Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations SI 2019/114;
  • Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/131;
  • Export Control (Amendment) (EU Exit) Regulations SI 2019/137;
  • Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations SI 2019/156;
  • Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations SI 2019/188;
  • Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/190;
  • Nuclear Safeguards (EU Exit) Regulations SI 2019/196;
  • Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/202;
  • Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations SI 2019/223;
  • Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations SI 2019/244;
  • Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/245;
  • Environmental Noise (Wales) (Amendment) (EU Exit) Regulations SI 2019/247;
  • Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations SI 2019/270;
  • Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/271;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/273;
  • Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations SI 2019/277;
  • Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations SI 2019/279;
  • Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/281;
  • Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/289;
  • Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/306;
  • Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations SI 2019/311;
  • Railways (Interoperability) (Amendment) (EU Exit) Regulations SI 2019/345;
  • Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations SI 2019/370;
  • Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/377;
  • Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/379;
  • Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations SI 2019/390;
  • Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/414;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations SI 2019/451;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/452;
  • Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations SI 2019/453;
  • Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/456;
  • Environment (Amendment etc.) (EU Exit) Regulations SI 2019/458;
  • Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations SI 2019/460;
  • Construction Products (Amendment etc.) (EU Exit) Regulations SI 2019/465;
  • Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations SI 2019/470;
  • Environment and Wildlife (Legislative Functions) (EU Exit) Regulations SI 2019/473;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/490;
  • Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations SI 2019/518;
  • Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations SI 2019/530;
  • Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations SI 2019/531;
  • Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations SI 2019/532;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations SI 2019/533;
  • Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations SI 2019/534;
  • Employment Rights (Amendment) (EU Exit) Regulations SI 2019/535;
  • Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/537;
  • Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations SI 2019/539;
  • Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations SI 2019/544;
  • Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations SI 2019/550;
  • Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations SI 2019/557;
  • Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations SI 2019/559;
  • Floods and Water (Amendment etc.) (EU Exit) Regulations SI 2019/558;
  • Shipments of Radioactive Substances (EU Exit) Regulations SI 2019/571;
  • Conservation of Habitats and Species (Amendment) (EU Exit) Regulations SI 2019/579;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/581;
  • Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/582;
  • Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations SI 2019/583;
  • Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/584;
  • International Waste Shipments (Amendment) (EU Exit) Regulations SI 2019/590;
  • Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations SI 2019/596;
  • Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations SI 2019/601;
  • Waste (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/620;
  • European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations SI 2019/628;
  • Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations SI 2019/630;
  • Aviation Noise (Amendment) (EU Exit) Regulations SI 2019/643;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/648;
  • Detergents (Amendment) (EU Exit) Regulations SI 2019/672;
  • Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations SI 2019/696;
  • Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations SI 2019/700;
  • Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations SI 2019/708;
  • Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations SI 2019/733;
  • REACH etc. (Amendment etc.) (EU Exit) Regulations SI 2019/758;
  • Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/962;
  • Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1098;
  • Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/1101;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) (No. 2) Regulations SI 2019/1104;
  • REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations SI 2019/1144.

We will keep this page updated with all the latest developments and proposed negative statutory instruments so you can keep track of any upcoming changes.