Statutory Instruments
Exiting The European Union
Agriculture, England
Environmental Protection
Licensing (marine)
Marine Management
Waste
Sift requirements satisfied
18th June 2019
Made
2nd July 2019
Laid before Parliament
3rd July 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these regulations) have been satisfied.
Marginal Citations
1. These Regulations may be cited as the Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 and come into force immediately before exit day.
Commencement Information
I1Reg. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
2. In regulations 5(2)(a)(ii) and 6(2)(b) of the Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 M2, in the inserted definition of “public”, for the words from “law” to “practice” substitute “ law or practice of any part of the United Kingdom ”.
Commencement Information
I2Reg. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
3. In the Schedule to the Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 M3, in the inserted text of Schedule 1A, in paragraph 14(4)(f)—
(a)in the substituted point (m), after “ regulation 2(1) ” insert “ or 69(1) ”;
(b)in the substituted point (n), after “ regulation 2(1) ” insert “ or 137 ”;
(c)in the substituted point (o), after “ regulation 2(1) of ” insert “ , or the meaning determined in accordance with Schedule 9 to, ”.
Commencement Information
I3Reg. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
M3S.I. 2019/39, to which there are amendments not relevant to these Regulations.
4.—(1) The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 M4 are amended as follows.
(2) For regulation 9(10) substitute—
“(10) In regulation 33—
(a)in paragraphs (a) and (b), for “another” substitute “ an ”;
(b)for the words after paragraph (b), substitute— “ and containing at least the information listed in Schedule 3 has legal effect, and all rights, powers, liabilities, obligations and restrictions arising out of or incidental to such certificates or their issue shall be recognised and available in law, and be enforced, allowed and followed accordingly. ”.”.
(3) Omit [F1regulation] 14(2)(b).
(4) In regulation 16—
(a)in paragraph (3), in the inserted text of regulation 3D(8)(b), for paragraph (i) substitute—
“(i)for “Community as a whole to become” there were substituted “ United Kingdom as a whole to move towards becoming ”;”;
(b)in paragraph (6), before sub-paragraph (a) insert—
“(za)in Part 1, in paragraph 4—
(i)in sub-paragraph (1), omit “, taking into account best available techniques”;
(ii)in sub-paragraph (2)—
(aa)for “European Union as a whole to become” substitute “ United Kingdom as a whole to move towards becoming ”;
(bb)omit “and to enable the United Kingdom to move towards that aim”;”.
(5) In regulation 18(25)(c), in the inserted text, omit paragraph 26(c)(vi).
Textual Amendments
F1Word in reg. 4(3) substituted (31.12.2020 immediately before S.I. 2019/1078 comes into force) by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(4), 15(2)
Commencement Information
I4Reg. 4 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations
Prospective
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 5 omitted (31.12.2020 immediately before S.I. 2019/1078 comes into force) by virtue of The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(4), 15(3)
Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the UK from the European Union.
Regulation 2 corrects two errors in the Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25).
Regulation 3 makes amendments to the Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39) as a result of amendments made to the Medical Devices Regulations 2002 (S.I. 2002/618) by the Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791). It updates the definitions of “medical device”, “in vitro diagnostic medical device” and “active implantable medical device” which are part of new Schedule 1A to the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154).
Regulation 4 amends the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188). Paragraph (2) inserts two additional amendments into regulation 33 of the End-of-Life Vehicles Regulations 2003 (S.I. 2003/2635). Paragraphs (3), (4)(a) and (5) correct four errors. Paragraph (4)(b) inserts an additional amendment into paragraph 4 of Part 1 of Schedule 1 to the Waste (England and Wales) Regulations 2011 (S.I. 2011/988).
Regulation 5 corrects an error in the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620).
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.