2023 No. 1332 (W. 240)

Retained Eu Law Reform, Wales

The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023

Made

Coming into force

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 19(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 20231.

The Welsh Ministers are a relevant national authority for the purposes of section 19(1) of the Retained EU Law (Revocation and Reform) Act 20232.

In accordance with paragraph 8(1) of Schedule 5 to the Retained EU Law (Revocation and Reform) Act 2023 Act, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.

PART 1Introductory

Title and commencement1

1

The title of these Regulations is the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023.

2

These Regulations come into force on 1 January 2024.

PART 2Amendments to primary legislation

Learner Travel (Wales) Measure 20082

In section 14A(5) of the Learner Travel (Wales) Measure 20083, for “retained direct EU” substitute “assimilated direct”.

Waste (Wales) Measure 20103

Section 17 of the Waste (Wales) Measure 20104 is amended as follows—

a

in subsection (4)(a)(i), for “retained EU” substitute “assimilated”;

b

in subsection (6)(b), for “retained direct EU” substitute “assimilated direct”.

Tax Collection and Management (Wales) Act 20164

In section 65(4)(a) of the Tax Collection and Management (Wales) Act 20165, for “retained direct EU” substitute “assimilated direct”.

PART 3Amendments to subordinate legislation

The Food Supplements (Wales) Regulations 20035

In regulation 5(2)(a) of the Food Supplements (Wales) Regulations 20036, for “retained EU” substitute “assimilated”.

The Landfill Allowances Scheme (Wales) Regulations 20046

Regulation 2 of the Landfill Allowances Scheme (Wales) Regulations 20047 is amended as follows—

a

in paragraph (4)(a)(i), for “retained EU” substitute “assimilated”;

b

in paragraph (6)(b), for “retained direct EU” substitute “assimilated direct”.

The Environmental Assessment of Plans and Programmes (Wales) Regulations 20047

1

The Environmental Assessment of Plans and Programmes (Wales) Regulations 20048 are amended as follows.

2

In regulation 12(4), for “retained EU” substitute “assimilated”.

3

In Schedule 1, in paragraph 1(e), for “retained EU” substitute “assimilated”.

The Hazardous Waste (Wales) Regulations 20058

Regulation 2A of the Hazardous Waste (Wales) Regulations 20059 is amended as follows—

a

in paragraph (3)(a)(i), for “retained EU” substitute “assimilated”;

b

in paragraph (6)(b), for “retained direct EU” substitute “assimilated direct”.

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 20099

1

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200910 are amended as follows.

2

In regulation 2(3)(a), for “retained EU” substitute “assimilated”.

3

In Schedule 2, in paragraph 1A, for “retained EU” substitute “assimilated”.

The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 200910

1

The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 200911 are amended as follows.

2

In Schedule 1, in the “Subject-matter” column of the table—

a

in the entry relating to Article 4(2)), for “retained EU” substitute “assimilated”;

b

in the entry relating to Article 4(3), for “retained EU” substitute “assimilated”.

The Beef and Veal Labelling (Wales) Regulations 201111

Regulation 4 of the Beef and Veal Labelling (Wales) Regulations 201112 is amended as follows—

a

in the heading, for “retained direct EU” substitute “assimilated direct”;

b

in paragraph (1), for “retained direct EU” substitute “assimilated direct”.

The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 201112

Regulation 2 of the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 201113 is amended as follows—

a

in paragraph (4)(a)(i), for “retained EU” substitute “assimilated”;

b

in paragraph (6)(b), for “retained direct EU” substitute “assimilated direct”.

The Poultrymeat (Wales) Regulations 201113

1

The Poultrymeat (Wales) Regulations 201114 are amended as follows.

2

In regulation 2(1), for ““retained EU poultrymeat provision” (“darpariaeth cig dofednod yr UE a ddargedwir”)” substitute ““assimilated poultrymeat provision” (“darpariaeth cig dofednod a gymathwyd”)”.

3

In regulation 9—

a

in paragraph (1), for “retained EU” substitute “assimilated”;

b

in paragraph (2)(a), for “retained EU” substitute “assimilated”.

4

In regulation 14(1)(a), for “a retained EU” substitute “an assimilated”.

5

In the heading of Schedule 1, for “retained EU” substitute “assimilated”.

The Trade in Animals and Related Products (Wales) Regulations 201114

1

The Trade in Animals and Related Products (Wales) Regulations 201115 are amended as follows.

2

In regulation 15—

a

in paragraph (1), for “retained direct EU” substitute “assimilated direct”;

b

in paragraph (4)—

i

in sub-paragraph (a), for “retained direct EU” substitute “assimilated direct”;

ii

in sub-paragraph (c), for “retained direct EU” substitute “assimilated direct”;

iii

in sub-paragraph (e), for “retained direct EU” substitute “assimilated direct”.

3

In Schedule 2, in paragraph 11A(1), for “retained direct minor EU legislation” substitute “assimilated direct minor legislation”.

The Natural Resources Body for Wales (Establishment) Order 201215

1

The Natural Resources Body for Wales (Establishment) Order 201216 is amended as follows.

2

In article 11(3)(a), for “retained EU” substitute “assimilated”.

3

In article 11A—

a

in paragraph (2)(b)(i), for “retained EU law” substitute “assimilated”;

b

in paragraph (4)(a), for “retained EU law” substitute “assimilated”.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 201316

1

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 201317 are amended as follows.

2

In regulation 2(1), for ““the retained EU Regulations” (“Rheoliadau’r UE a ddargedwir”)” substitute ““the specified food Regulations” (“ y Rheoliadau bwyd penodedig”)”.

3

In regulation 16, for “retained EU” substitute “specified food”.

4

In regulation 19(2), in the words before sub-paragraph (a), for “retained EU” substitute “specified food”.

The Welfare of Animals at the Time of Killing (Wales) Regulations 201417

In Schedule 2, paragraph 3(2) to the Welfare of Animals at the Time of Killing (Wales) Regulations 201418, for “retained EU” substitute “assimilated”.

The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 201618

1

The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 201619 are amended as follows.

2

In regulation 2(2), for “the retained EU Regulation concerned” substitute “Regulation 178/2002, Regulation 1831/2003 or Regulation 767/2009, respectively”.

3

In regulation 15A(4)(c), for “retained direct EU” substitute “assimilated direct”.

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 201719

1

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 201720 are amended as follows.

2

In regulation 5—

a

in paragraph (8)(b), for “retained EU” substitute “assimilated”;

b

in paragraph (13)(b)(ii), for “retained EU” substitute “assimilated”.

3

In regulation 6(4), for “retained EU” substitute “assimilated”.

4

In regulation 17(4)(e), for “retained EU” substitute “assimilated”.

5

In regulation 25(3)(c), for “retained EU” substitute “assimilated”.

6

In regulation 31(3), for “retained EU” substitute “assimilated”.

7

In Schedule 3, paragraph 2(c)(vi), for “retained EU” substitute “assimilated”.

8

In Schedule 4, paragraph 8, for “retained EU” substitute “assimilated”.

The Carcase Classification and Price Reporting (Wales) Regulations 201820

1

The Carcase Classification and Price Reporting (Wales) Regulations 201821 are amended as follows.

2

In regulation 2(1)—

a

in the definition of “classification”, in both places it occurs, for “retained EU” substitute “assimilated”;

b

for ““retained EU beef provision” (“darpariaeth eidion yr UE a ddargedwir”)” substitute ““assimilated beef provision” (“darpariaeth cig eidion a gymathwyd”)”;

c

for ““retained EU pig provision” (“darpariaethmoch yr UE a ddargedwir”)” substitute ““assimilated pig provision” (“ darpariaeth moch a gymathwyd”)”.

3

In regulation 15, for “retained EU” substitute “assimilated”.

4

In regulation 26—

a

in the heading, for “retained EU” substitute “assimilated”;

b

in paragraph (a), for “retained EU” substitute “assimilated”;

c

in paragraph (b), for “retained EU” substitute “assimilated”.

5

In regulation 27—

a

in the heading, for “retained EU” substitute “assimilated”;

b

in paragraph (1)—

i

in sub-paragraph (a), for “retained EU” substitute “assimilated”;

ii

in sub-paragraph (b), for “retained EU” substitute “assimilated”;

c

in paragraph (2), for “retained EU” substitute “assimilated”;

d

in paragraph (3), for “retained EU” substitute “assimilated”.

6

In regulation 36—

a

in paragraph (1)(b), for “retained EU” substitute “assimilated”;

b

in paragraph (1)(c), for “retained EU” substitute “assimilated”.

7

In Schedule 1—

a

in the heading, for “Retained EU” substitute “Assimilated”;

b

in the table, in the heading of the first column, for “retained EU” substitute “assimilated”.

8

In Schedule 2—

a

in the heading, for “Retained EU” substitute “Assimilated”;

b

in Part 1, in the table, in the heading of the first column, for “retained EU” substitute “assimilated”;

c

in Part 2, in the table, in the heading of the first column, for “retained EU” substitute “assimilated”.

The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 201921

In regulation 2(1) of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 201922, in the definition of “unauthorised substance”, for “retained EU” substitute “assimilated”.

The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 202022

In regulation 2(1) of the Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 202023, in the definition of “relevant legislation”, for “retained direct EU” substitute “assimilated direct”.

The Infant Formula and Follow-on Formula (Wales) Regulations 202023

In Schedule 4, paragraph 11(3)(a), to the Infant Formula and Follow-on Formula (Wales) Regulations 202024, for “retained EU” substitute “assimilated”.

The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 202024

1

The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 202025 are amended as follows.

2

In regulation 21(3), in the definition of “plant health derogation”, for “retained EU” substitute “assimilated”.

3

In regulation 38(1)(f), for “retained direct EU” substitute “assimilated direct”.

4

In regulation 43(2)(b), in both places it occurs, for “retained EU” substitute “assimilated”.

5

In the heading of Schedule 3, for “retained direct EU” substitute “assimilated direct”.

The Feed Additives (Authorisations) (Wales) Regulations 202225

In regulation 2(2) of the Feed Additives (Authorisations) (Wales) Regulations 202226, for “those retained EU Regulations” substitute “Regulation 1831/2003 or Regulation 767/2009, respectively”.

Lesley GriffithsMinister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 19(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (“the 2023 Act”). Section 19(1) is the power to make appropriate provision in consequence of provisions of the 2023 Act and which by virtue of section 20(1) includes the ability to make supplementary, incidental, consequential, transitional, transitory or saving provision.

These Regulations make amendments to primary legislation and subordinate legislation which apply in relation to Wales, in consequence of the renaming of retained EU law (and related terms) as assimilated law (and related terms) at all times after the end of 2023, as set out in section 5 of the 2023 Act.

Part 2 of these Regulations makes consequential amendments to relevant primary legislation and Part 3 makes consequential amendments to relevant subordinate legislation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.