Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16). They address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, in particular those described in section 8(2)(a), (b), (c) and (d) and section 8(3)(a) of that Act.

These Regulations amend provisions of retained EU law relating to inspection and survey organisations and the regime for recognising them as “recognised organisations”. The amendments in these Regulations ensure that the existing regulatory framework for recognised organisations in the United Kingdom continues to function effectively and that the United Kingdom continues to comply with its international obligations in relation to the International Maritime Organization's (IMO) Code for Recognized Organizations.

The Regulations amend provisions of Regulation (EC) 391/2009 enabling the making of tertiary legislation supplementing or amending the Regulation by substituting powers for the Secretary of State to make regulations. The Regulations also amend provisions of Commission Decision 2009/491/EC enabling the making of tertiary legislation amending Annex I of the Decision. The Regulations also revoke Commission Implementing Regulation (EU) 1355/2014 which amended the definition of “international conventions” in Article 2(a) of Regulation (EC) 391/2009.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.