Brexit Statutory Instruments: Identifying the Challenges

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

PDF Published: Friday 20 Aug 2021 (SB 21-53)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Introduction
- The content of the notifications
- Changes to the legislative proposal after notification
- The lead subject committees not receiving the UK Exit SI
- The length of time for scrutiny
- Categorisation
- Impact assessments and consultation with stakeholders
- The relationship of UK Exit SIs with common frameworks
- Conclusion
Sources

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. (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 [accessed 13 August 2021]

The Plant Health (Amendment etc.) (EU Exit) Regulations 2020. (2020, December 10). Retrieved from https://www.legislation.gov.uk/uksi/2020/1482/contents/made [accessed 12 August 2021]

The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019. (2019, April 4). Retrieved from https://www.legislation.gov.uk/uksi/2019/795/contents/made [accessed 12 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 12 August 2021]

The Creative Europe Programme and Europe for Citizens Programme (Revocation) (EU Exit) Regulations 2019. (2019, March 4). Retrieved from https://www.legislation.gov.uk/uksi/2019/447/contents/made [accessed 12 August 2021]

Scottish Parliament. (2018, October 23). Health and Sport Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=11725 [accessed 12 August 2021]

Scottish Parliament. (2018, November 6). Health and Sport Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=11764 [accessed 12 August 2021]

The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020. (2020, December 29). Retrieved from https://www.legislation.gov.uk/uksi/2020/1637/contents [accessed 12 August 2021]

Scottish Parliament. (2019, April 3). Rural Economy and Connectivity Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12046 [accessed 12 August 2021]

Scottish Parliament. (2019, June 12). Rural Economy and Connectivity Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12185 [accessed 12 August 2021]

Scottish Parliament. (2020, September 30). Rural Economy and Connectivity Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12867 [accessed 12 August 2021]

Cabinet Secretary for the Rural Economy . (2019, March 5). Letter from the Cabinet Secretary for the Rural Economy to the Rural Economy and Connectivity Committee regarding the Agriculture (Transfer of Functions) (EU Exit) (No.2) Regulations 2019. Retrieved from https://archive2021.parliament.scot/S5_Rural/20190305_Cab_Sec_RE_-_UK_SI_-_agriculture_(transfer_of_functions)_(EU_Exit)_(No.2)_Regulations_2019.pdf [accessed 12 August 2021]

Minister for Rural Affairs and Natural Environment. (2019, March 26). Letter from the Minister for Rural Affairs and Natural Environment to the Rural Economy and Connectivity Committee regarding the Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019. Retrieved from https://archive2021.parliament.scot/S5_Rural/20190327_REC_Min_RANE_-_UK_SI_-_Zoonotic_Disease_Regs_2019.pdf [accessed 12 August 2021]

The Scottish Parliament. (2019, January 16). Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform to the Convener of the environment, Climate Change and land reform Committee of the Scottish Parliament. Retrieved from https://webarchive.nrscotland.gov.uk/20210613053100/https:/archive2021.parliament.scot/S5_Delegated_Powers/20190116Consistent.pdf [accessed 13 August 2021]

The Scottish Parliament . (2019, January 30). Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform to the Convener of the Environment, Climate Change and Land Reform Committee of the Scottish Parliament. Retrieved from https://webarchive.nrscotland.gov.uk/20210613052945/https://archive2021.parliament.scot/S5_Delegated_Powers/20190130Consistent.pdf [accessed 13 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/ukdsi/2019/9780111181249/contents [accessed 12 August 2021]

The Scottish Parliament . (2018, December 11). Notification from the Cabinet Secretary for the Rural Economy to the Convener of the Rural Economy and Connectivity Committee of the Scottish Parliament. Retrieved from https://webarchive.nrscotland.gov.uk/20210613060901/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/quality_agriculture.pdf [accessed 13 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/made [accessed 13 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 12 August 2021]

Letter to the Cabinet Secretary for Environment, Climate Change and Land Reform from the Convener of the Environment, Climate Change and Land Reform Committee on the EU Emissions Trading System consent notification 26 October 2018. (2018, October 26). Retrieved from https://external.parliament.scot/S5_Environment/General%20Documents/26102018_Convener_to_Cab_Sec_regarding_EU_ETS_notification.pdf [accessed 13 August 2021]

Annex D of the papers for the Rural Economy and Connectivity Committee. (2020, November 18). Retrieved from https://archive2021.parliament.scot/S5_Rural/Meeting%20Papers/REC_Public_Paper.pdf [accessed 18 August 2021]

Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform to the Convener of the Environment, Climate Change &Land Reform Committee. (2019, January 16). Retrieved from https://webarchive.nrscotland.gov.uk/20210613053100/https:/archive2021.parliament.scot/S5_Delegated_Powers/20190116Consistent.pdf [accessed 18 August 2021]

Letter from the Cabinet Secretary for Health and Sport to the Convener of the Health and Sport Committee. (2019, February 19). Retrieved from https://webarchive.nrscotland.gov.uk/20210608015657/https://archive2021.parliament.scot/S5_HealthandSportCommittee/General%20Documents/20190219_Ltr_IN_from_CabSec_-_response_to_our_letter_of_14_Feb_-_SI_notifications(1).pdf [accessed 17 August 2021]

Letter from the Cabinet Secretary for Justice to the Convenor of the Justice Committee. (2019, March 2). Retrieved from https://webarchive.nrscotland.gov.uk/20210613051646/https:/archive2021.parliament.scot/S5_Delegated_Powers/20190305Consistent.pdf [accessed 18 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. (2018, October 8). Retrieved from https://webarchive.nrscotland.gov.uk/20210611085428/https://archive2021.parliament.scot/S5_Environment/General%20Documents/20181008_Conv_to_CS_advance_Q_EU_ETS.pdf [accessed 17 August 2021]

Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform to the Convener of the Environment, Climate Change and Land Reform Committee . (2018, October 12). Retrieved from https://webarchive.nrscotland.gov.uk/20210611085433/https://archive2021.parliament.scot/S5_Environment/Rc_ECCLRC_1210.pdf [accessed 17 August 2021]

The Scottish Parliament . (2018, October 24). Official Report, column 2. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=11740&mode=pdf [accessed 13 August 2021]

The Scottish Parliament . (2020, November 3). Official Report, columns 1-8. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12921&mode=pdf [accessed 13 August 2021]

The Scottish Parliament . (2018, November 27). Notification of the Environment and Wildlife (legislative functions) (EU exit) regulations 2018. Retrieved from https://webarchive.nrscotland.gov.uk/20210217200656/https://www.parliament.scot/S5_Delegated_Powers/20181127SINotificationECCLR.pdf [accessed 13 August 2021]

Letter from the Cabinet Secretary for Environment, Climate Change and Land Reform to the Convener of the Environment, Climate Change & Land Reform Committee. (2019, February 11). Retrieved from https://webarchive.nrscotland.gov.uk/20210611085020/https://archive2021.parliament.scot/S5_Environment/General%20Documents/20190211_CabSec_IN.pdf [accessed 17 August 2021]

Legislation.gov.uk. (2019, February 26). The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. Retrieved from https://www.legislation.gov.uk/uksi/2019/473/made [accessed 13 August 2021]

EUR-Lex. (2017, May 24). Regulation (EU) 2017/852. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32017R0852&rid=7 [accessed 13 August 2021]

The Scottish Parliament . (2018, November 8). Notification for the Persistent Organic Pollutants (EU Exit) Regulations 2018 and the Control of Mercury (EU Exit) Regulations 2018. Retrieved from https://webarchive.nrscotland.gov.uk/20210217200151/https://www.parliament.scot/S5_Delegated_Powers/20181108ECCLRSINotification.pdf [accessed 13 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. (2020, November 18). Retrieved from https://webarchive.nrscotland.gov.uk/20210611084609/https://archive2021.parliament.scot/S5_Environment/General%20Documents/Consent_letter_to_the_Cabinet_Secretary.pdf [accessed 17 August 2021]

The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020. (2020, December 7). Retrieved from https://www.legislation.gov.uk/uksi/2020/1462/contents/made [accessed 17 August 2021]

Letter from the Minister for Rural Affairs and the Natural Environment to the Convenor of the Rural Economy and Connectivity Committee. (2018, December 12). Retrieved from https://webarchive.nrscotland.gov.uk/20210613060906/https://archive2021.parliament.scot/S5_Delegated_Powers/20181212RECSINotification.pdf [accessed 17 August 2021]

Ecolex. (2003, December 12). Regulation (EC) No. 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents.. Retrieved from https://www.ecolex.org/details/legislation/regulation-ec-no-21602003-of-the-european-parliament-and-of-the-council-on-the-control-of-salmonella-and-other-specified-food-borne-zoonotic-agents-lex-faoc040332/ [accessed 17 August 2019]

Scottish Parliament. (2018, November 9). The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2018 Notification to the Scottish Parliament. Retrieved from https://webarchive.nrscotland.gov.uk/20210613053539/https://archive2021.parliament.scot/S5_Delegated_Powers/20181109ZoonoticDisease.pdf [accessed 17 August 2021]

The Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/740/contents [accessed 17 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 Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019. (2019, September 5). Retrieved from https://www.legislation.gov.uk/uksi/2019/1229/made [accessed 17 August 2021]

The Rules for Direct Payments to Farmers (Amendment) Regulations 2020. (2020, January 30). Retrieved from https://www.legislation.gov.uk/uksi/2020/91/contents/made [accessed 17 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]

Letter from the Cabinet Secretary for the Constitution, Europe and External Affairs to the Depute Convener Delegated Powers and Law Reform Committee. (2020, March 3). Retrieved from https://webarchive.nrscotland.gov.uk/20210613044555/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/MrRusselltoDeputyConvener3March2020.pdf [accessed 17 August 2021]

The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020. (2020, December 9). Retrieved from https://www.legislation.gov.uk/uksi/2020/1481/contents/made [accessed 17 August 2021]

Letter from the Convener of the Finance and Constitution Committee to the Cabinet Secretary for Government Business and Constitutional Relations. (2019, June 26). Retrieved from https://archive2021.parliament.scot/S5_Finance/General%20Documents/2019.6.27.Convener_to__Mike_Russell.pdf [accessed 13 August 2021]

UK Parliament. (2019, February 14). Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019. Retrieved from https://statutoryinstruments.parliament.uk/timeline/brObFFXo/SI-2019/ [accessed 17 August 2021]

UK Parliament. (2019, August 5). Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) (No. 2) Regulations 2019. Retrieved from https://statutoryinstruments.parliament.uk/timeline/hs1x4Thn/ProposedNegative/ [accessed 17 August 2021]

Letter from Cabinet Secretary for the Constitution, Europe and External Affairs to the Convener of the Finance and Constitution Committee. (2019, August 5). Retrieved from https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/Letter_from_the_CSCEaEA_-_Protocol_2_-_Convener_FCC.pdf [accessed 13 August 2021]

The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019. (2019, July 18). Retrieved from https://www.legislation.gov.uk/uksi/2019/1144/contents/made [accessed 17 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 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]

UK Government. (2019, September 11). The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) (No. 2) Regulations 2019. Retrieved from https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-import-of-and-trade-in-animals-and-animal-products-amendment-etc-eu-exit-no-2-regulations-2019 [accessed 17 August 2021]

Environment, Climate Change and Land Reform Committee Official Report. (2019, September 3). Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12226 [accessed 17 August 2021]

Letter from the Cabinet Secretary for the Rural Economy to the Convener of Rural Economy and Connectivity Committee. (2019, July 10). Retrieved from https://webarchive.nrscotland.gov.uk/20210613062442/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/FE_TO_EM_PROTOCOL.pdf [accessed 17 August 2021]

The Animal Health, Invasive Alien Species, Plant Breeders’ Rights and Seeds (Amendment etc.) (EU Exit) Regulations 2019. (2019, September 4). Retrieved from https://www.legislation.gov.uk/uksi/2019/1220/made [accessed 17 August 2021]

Letter from the Cabinet Secretary for Transport, Infrastructure and Connectivity to the Convener of Rural Economy & Connectivity Committee . (2019, August 23). Retrieved from https://webarchive.nrscotland.gov.uk/20210613062547/https://archive2021.parliament.scot/S5_Delegated_Powers/General%20Documents/Letter_from_Michael_Matheson_MSP_to_RECC.pdf [accessed 17 August 2021]

Rural Economy and Connectivity Committee Official Report. (2019, September 4). Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12235 [accessed 17 August 2021]

Scottish Parliament. (2020, June 23). Economy, Energy and Fair Work Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12718 [accessed 13 August 2021]

The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019. (2019, March 28). Retrieved from https://www.legislation.gov.uk/uksi/2019/742/contents/made [accessed 17 August 2021]

Letter from the Cabinet Secretary for Justice to the Convener of the Justice Committee. (2019, January). Retrieved from https://webarchive.nrscotland.gov.uk/20210613051611/https:/archive2021.parliament.scot/S5_Delegated_Powers/20190129Consistent.pdf [accessed 18 August 2021]

Scottish Parliament. (2018, December 11). Environment, Climate Change and Land Reform Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=11844 [accessed 13 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 17 August 2021]

Letter from the Minister for Public Health, Sport and Wellbeing to the Convenor of the Health and Sport Committee. (2019, February 7). Retrieved from https://webarchive.nrscotland.gov.uk/20210608015818/https://archive2021.parliament.scot/S5_HealthandSportCommittee/General%20Documents/20190207_Ltr_IN_from_MinsterPHSW.pdf [accessed 17 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/contents/made [accessed 17 August 2021]

The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019. (2019, March 5). Retrieved from https://www.legislation.gov.uk/uksi/2019/483/contents/made [accessed 17 August 2021]

The Blood Safety and Quality (Amendment) (EU Exit) Regulations 2019. (2019, January 8). Retrieved from https://www.legislation.gov.uk/uksi/2019/4/contents/made [accessed 17 August 2021]

Scottish Parliament. (2018, October 2). Health and Sport Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=11708 [accessed 17 August 2021]

Scottish Parliament. (2020, October 28). Environment, Climate Change and Land Reform Committee Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12905 [accessed 13 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]

UK Government. (2020, September). Framework Analysis 2020: Breakdown of areas of EU law that intersect with devolved competence in Scotland, Wales and Northern Ireland. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/919729/Frameworks-Analysis-2020.pdf [accessed 30 July 2021]

UK Government. (2021, May 20). UK Common Frameworks. Retrieved from https://www.gov.uk/government/collections/uk-common-frameworks [accessed 13 August 2021]

Secretary of State for Health and Social Care. (2020, November 27). Food and feed safety and hygiene: provisional common framework. Retrieved from https://www.gov.uk/government/publications/food-and-feed-safety-and-hygiene-provisional-common-framework [accessed 13 August 2021]

Last Updated: 3/7 10:23am

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