Brexit Statutory Instruments: Impact on the Devolved Settlement and Future Policy Direction

Author: Dr Robert Brett Taylor and Prof Adelyn L M Wilson, University of Aberdeen School of Law

PDF Published: Thursday 19 Aug 2021 (SB 21-52)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Introduction
- Implementation of the Protocol 1 process
  - Number and date of notifications
  - Categorisation
  - Committee remits and policy areas affected
- Categorisation and changes in current policy direction
- Transfer of functions and impact on the devolved settlement and future policy direction
  - Ambiguity and complexity in the transfer of functions
    
    The content of the notifications
    
    Retained EU law
  - Transfer of functions to the Secretary of State
  - Transfer of functions to the Scottish Ministers
  - Administrative functions transferred to public bodies
- The intersection of UK Exit SIs with common frameworks
  - The Framework Analysis and categories of common frameworks
  - Implementation of common frameworks through the UK Exit SIs
- Conclusion
Sources

Image: Figure 1 - UK Exit SIs relative to Exit SSIs

Image: Figure 2 - Rate of notification of UK Exit SIs

Image: Figure 3 - Proportion of UK Exit SIs notified as categories A or B

Image: Figure 4 - Committees and policy areas involved in the Protocol 1 process

Scottish Parliament. (2018, September 11). Protocol on obtaining the approval of the Scottish Parliament to the exercise of powers by UK Ministers under the European Union (Withdrawal) Act 2018 in relation to proposals within the legislative competence of the Scottish Parliament. Retrieved from https://archive2021.parliament.scot/S5_Delegated_Powers/20180911CabSec.pdf [accessed 6 August 2021]

Scottish Parliament. (2021, June 1). Protocol on scrutiny by the Scottish Parliament of consent by Scottish Ministers to UK secondary legislation in devolved areas arising from EU Exit Version 2. Retrieved from https://www.parliament.scot/-/media/files/committees/delegated-powers-and-law-reform-committee/si-protocol-2-v2.pdf [accessed 18 August 2021]

Dr Robert Brett Taylor and Prof Adelyn L M Wilson, University of Aberdeen School of Law. (2021, August 8). Brexit Statutory Instruments: Powers and Parliamentary Processes. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2021/8/9/9a8a8440-9512-4a1d-962f-d42d225eee63

The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/848/contents/made [accessed 13 August 2021]

Letter from the Minister for Rural Affairs and the Natural Environment to the Convener of the Rural Economy and Connectivity Committee. (2020, September 30). Retrieved from https://webarchive.nrscotland.gov.uk/20210613064116/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/The_Animals_Aquatic_Animal_Health_and_Seeds_(Amendment)_(EU_Exit)_Regulations_2020(1).pdf [accessed 16 August 2021]

The Marketing of Seeds and Plant Propagating Material (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. (2019, January 31). Retrieved from https://www.legislation.gov.uk/uksi/2019/211/contents [accessed 13 August 2021]

The Seeds (Amendment etc.) (EU Exit) Regulations 2020. (2020, November 16). Retrieved from https://www.legislation.gov.uk/uksi/2020/1294/contents/made [accessed 13 August 2021]

The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020. (2020, December 7). Retrieved from https://www.legislation.gov.uk/uksi/2020/1463/contents/made [accessed 13 August 2021]

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020. (2020, December 16). Retrieved from https://www.legislation.gov.uk/uksi/2020/1567/contents/made [accessed 13 August 2021]

The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020. (2020, November 18). Retrieved from https://www.legislation.gov.uk/uksi/2020/1306/contents/made [accessed 13 August 2021]

Letter from the Minister for Public Health, Sport and Wellbeing to the Convenor of the Health and Sport Committee. (2018, September 28). Retrieved from https://webarchive.nrscotland.gov.uk/20210613051530/https://archive2021.parliament.scot/S5_Delegated_Powers/20180928SINotification.pdf [accessed 16 August 2021]

The Rural Development (Amendment) (EU Exit) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/764/contents/made [accessed 13 August 2021]

Letter from the Cabinet Secretary for the Rural Economy to the Convenor of the Rural Economy and Connectivity Committee. (2018, November 21). Retrieved from https://webarchive.nrscotland.gov.uk/20210613055440/https://archive2021.parliament.scot/S5_Delegated_Powers/REC20181121.pdf [accessed 16 August 2021]

Letter from the Convener of the Environment, Climate Change and Land Reform Committee to the Cabinet Secretary for Environment, Climate Change and Land Reform on the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018. (2018, October 8). Retrieved from https://external.parliament.scot/S5_HealthandSportCommittee/General%20Documents/20181214_Ltr_IN_from_MinisterPHSW_Nutrition.pdf [accessed 13 August 2021]

UK Government. (2018, December 17). The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2018 (Withdrawn). Retrieved from https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-common-agricultural-policy-direct-payments-to-farmers-amendment-eu-exit-regulations-2018 [accessed 13 August 2021]

The Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2018. (2018, December 17). Retrieved from https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-common-agricultural-policy-rules-for-direct-payments-amendment-eu-exit-regulations-2018 [accessed 16 August 2021]

Notification to the Scottish Parliament . (2018, November 15). Retrieved from https://webarchive.nrscotland.gov.uk/20210613055252/https://archive2021.parliament.scot/S5_Delegated_Powers/20181115CAP.pdf [accessed 16 August 2021]

The Direct Payments to Farmers (Amendment) Regulations 2020. (2020, June 8). Retrieved from https://www.legislation.gov.uk/uksi/2020/576/contents/made [accessed 16 August 2021]

The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020. (2020, January 30). Retrieved from https://www.legislation.gov.uk/uksi/2020/90/contents [accessed 16 August 2021]

The Animal Welfare (Amendment) (EU Exit) Regulations 2019. (2019, April 4). Retrieved from https://www.legislation.gov.uk/uksi/2019/802/contents/made [accessed 16 August 2021]

The Nutrition (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 22). Retrieved from https://www.legislation.gov.uk/uksi/2019/651/introduction/made [accessed 16 August 2021]

DEFRA and others. (2019, September 6). Domestic farm support funding (Bew Review): reviewing distribution across the UK from 2020 to the end of the parliament. Retrieved from https://www.gov.uk/government/publications/domestic-farm-support-funding-reviewing-distribution-across-the-uk-from-2020-to-the-end-of-the-parliament [accessed 10 August 2021]

The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019. (2019, January 23). Retrieved from https://www.legislation.gov.uk/uksi/2019/107/made [accessed 16 August 2021]

The Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. (2019, February 15). Retrieved from https://www.legislation.gov.uk/uksi/2019/281/contents/made [accessed 16 August 2021]

Letter from the Minister for Trade, Investment and Innovation to the Convenor of the Economy, Energy and Fairwork Committee. (2018, December 10). Retrieved from https://webarchive.nrscotland.gov.uk/20210613060702/https://archive2021.parliament.scot/S5_Delegated_Powers/20181210SINotification.pdf [accessed 16 August 2021]

Letter from the Cabinet Secretary for Culture, Tourism and External Affairs to the Convener of the Culture, Tourism, Europe and External Affairs Committee. (2019, February 1). Retrieved from https://webarchive.nrscotland.gov.uk/20210613061205/https:/archive2021.parliament.scot/S5_Delegated_Powers/20190201Withdrawn.pdf [accessed 13 August 2021]

The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019. (2019, October 14). Retrieved from https://www.legislation.gov.uk/uksi/2019/1340/made [accessed 16 August 2021]

The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 6). Retrieved from https://www.legislation.gov.uk/uksi/2019/489/contents/made [accessed 16 August 2021]

The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/739/introduction/made [accessed 16 August 2021]

Letter from the Minister for Public Health, Sport and Wellbeing to the Convener of the Health and Sport Committee. (2018, December 14). Retrieved from https://external.parliament.scot/S5_HealthandSportCommittee/General%20Documents/20181214_Ltr_IN_from_MinisterPHSW_Nutrition.pdf [accessed 13 August 2021]

The Trade in Animals and Animal Products (Legislative Functions) and Veterinary Surgeons (Amendment) (EU Exit) Regulations 2019. (2019, September 5). Retrieved from https://www.legislation.gov.uk/uksi/2019/1225/contents/made [accessed 10 August 2021]

Scottish Parliament. (2019, September 18). Rural Economy and Connectivity Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12265 [accessed 16 August 2021]

Scottish Parliament. (2020, November 25). European Union (Withdrawal) Act 2018 - consideration of consent notification. Retrieved from https://archive2021.parliament.scot/S5_Rural/Meeting%20Papers/REC-S5-20-31-4_EU_SI_-_Public.pdf [accessed 16 August 2021]

The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020. (2020, December 17). Retrieved from https://www.legislation.gov.uk/uksi/2020/1616/contents/made [accessed 16 August 2021]

The Animals (Legislative Functions) (EU Exit) Regulations 2019. (2019, March 14). Retrieved from https://www.legislation.gov.uk/uksi/2019/588/introduction/made [accessed 16 August 2021]

Letter from the Minister for Rural Affairs and the Natural Environment to the Convener of the Rural Economy and Connectivity Committee. (2020, October 21). Retrieved from https://webarchive.nrscotland.gov.uk/20210613064124/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/20_Ocotber_Bumper_SI_NOT_-_ECCLR.pdf [accessed 16 August 2021]

The Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019. (2019, April 11). Retrieved from https://www.legislation.gov.uk/uksi/2019/865/introduction [accessed 16 August 2021]

The Veterinary Medicines and Animals and Animal Products (Examination of Residues and Maximum Residue Limits) (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 25). Retrieved from https://www.legislation.gov.uk/uksi/2019/676/contents/made [accessed 16 August 2021]

The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019. (2019, March 19). Retrieved from https://www.legislation.gov.uk/uksi/2019/620/contents/made [accessed 10 August 2021]

The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020. (2020, December 16). Retrieved from https://www.legislation.gov.uk/uksi/2020/1540/regulation/12/made [accessed 10 August 2021]

UK Government. (2019, July 10). The Food and Drink (Amendment) (EU Exit) Regulations 2019. Retrieved from https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-food-and-drink-amendment-eu-exit-regulations-2019 [accessed 16 August 2021]

The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2019 (expired—not approved). (2019, October 14). Retrieved from https://www.legislation.gov.uk/uksi/2019/1342/contents [accessed 16 August 2021]

Letter from the Cabinet Secretary for the Rural Economy to the Convenor of the Rural Economy and Connectivity Committee. (2018, December 11). Retrieved from https://webarchive.nrscotland.gov.uk/20210613060901/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/quality_agriculture.pdf [accessed 16 August 2021]

The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/753/contents/made [accessed 10 August 2021]

The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019. (2019, April 4). Retrieved from https://www.legislation.gov.uk/uksi/2019/831/contents/made [accessed 16 August 2021]

The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. (2019, February 26). Retrieved from https://www.legislation.gov.uk/uksi/2019/473/introduction/made [accessed 16 August 2021]

The Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019. (2019, October 30). Retrieved from https://www.legislation.gov.uk/uksi/2019/1424/contents/made [accessed 16 August 2021]

The Agriculture (Legislative Functions) (EU Exit) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/748/contents/made [accessed 16 August 2021]

The Scotland Act 1998 (Concurrent Functions) Order 1999. (1999, June 7). Retrieved from https://www.legislation.gov.uk/uksi/1999/1592/contents/made [accessed 16 August 2021]

The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 14). Retrieved from https://www.legislation.gov.uk/uksi/2019/583/contents/made [accessed 16 August 2021]

The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020. (2020, December 9). Retrieved from https://www.legislation.gov.uk/uksi/2020/1542/contents/made [accessed 10 August 2021]

The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019. (2019, March 5). Retrieved from https://www.legislation.gov.uk/uksi/2019/481/introduction/made [accessed 16 August 2021]

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019. (2019, March 29). Retrieved from https://www.legislation.gov.uk/uksi/2019/758/contents [accessed 16 August 2021]

Joint Ministerial Committee (EU Negotiations) Communique, ‘Common Frameworks: Definition and Principles. (2017, October 16). Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/652285/Joint_Ministerial_Committee_communique.pdf [accessed 10 August 2021]

UK Government. (2020, September). Frameworks Analysis 2020. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/919729/Frameworks-Analysis-2020.pdf [accessed 12 August 2021]

UK Government. (2018, March 9). Frameworks Analysis. Retrieved from https://archive2021.parliament.scot/S5_Finance/Reports/20180307_FINAL__Frameworks_analysis_for_publication_on_9_March_2018.pdf [accessed 12 August 2021]

Frameworks Analysis 2020. (2020, September). Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/919729/Frameworks-Analysis-2020.pdf [accessed 10 August 2021]

Sarah Atherton, Iain McIver, Andrew Warden. (2020, September 8). Common Frameworks. Retrieved from https://bprcdn.parliament.scot/published/2020/9/8/Common-Frameworks-1/SB%2020-55.pdf [accessed 10 August 2021]

UK Government Cabinet Office. (2020, December). The European Union (Withdrawal) Act and Common Frameworks 26 June to 25 September 2020. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/941711/The_European_Union__Withdrawal__Act_and_Common_Frameworks.pdf

European Union (Withdrawal) Act 2018. (2018, June 26). Retrieved from https://www.legislation.gov.uk/ukpga/2018/16/contents/enacted [accessed 16 August 2021]

UK Government. (2018, April 25). Intergovernmental Agreement on the European Union (Withdrawal) Bill. Retrieved from https://www.gov.uk/government/publications/intergovernmental-agreement-on-the-european-union-withdrawal-bill [accessed 10 August 2021]

the Secretary of State for Health and Social Care. (2020, November). Food and Feed Safety and Hygiene Common Framework Provisional Framework Outline Agreement and Concordat . Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/934748/food-and-feed-safety-and-hygiene-proposed-common-framework-command-paper-print.pdf [accessed 10 August 2021]

Scottish Parliament. (2020, October 28). Environment, Climate Change and Land Reform Committee Officiall Report of Meeting. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12905

Last Updated: 3/7 10:18am

Image: Figure 1 - UK Exit SIs relative to Exit SSIs

Image: Figure 2 - Rate of notification of UK Exit SIs

Image: Figure 3 - Proportion of UK Exit SIs notified as categories A or B

Image: Figure 4 - Committees and policy areas involved in the Protocol 1 process

An error occured while loading, please try again in a few minutes.