PART 1Introduction

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.

(2)

These Regulations extend to Northern Ireland only.

PART 2Amendment of primary legislation

Amendment of the Water and Sewerage Services (Northern Ireland) Order 20062.

(1)

The Water and Sewerage Services (Northern Ireland) Order 20062 is amended as follows.

(2)

In Article 6(11)3, for “EU obligation” substitute “retained EU obligation”.

(3)

In Article 1354—

(a)

in the heading, at the end insert “etc.”;

(b)

in paragraph (1)—

(i)

in the words before sub-paragraph (a), omit “enabling Her Majesty’s Government in the United Kingdom to give effect”;

(ii)

for sub-paragraph (a) (but not the final “or”), substitute—

“(a)

giving effect to any retained EU obligation;”;

(iii)

at the beginning of sub-paragraph (b), insert “enabling Her Majesty’s Government in the United Kingdom to give effect”;

(c)

in paragraph (2)—

(i)

in the words before sub-paragraph (a), omit “enabling Her Majesty’s Government in the United Kingdom to give effect”;

(ii)

for sub-paragraph (a) (but not the final “or”), substitute—

“(a)

giving effect to any retained EU obligation;”;

(iii)

at the beginning of sub-paragraph (b), insert “enabling Her Majesty’s Government in the United Kingdom to give effect”.

(4)

In Article 185(3)(a)5, for the words from “enabling” to “obligation or” substitute—

“giving effect to any retained EU obligation or enabling Her Majesty’s Government in the United Kingdom to give effect”.

(5)

In Article 189(3)(a)6, for the words from “enabling” to “obligation or” substitute—

“giving effect to any retained EU obligation or enabling Her Majesty’s Government in the United Kingdom to give effect”.

(6)

In Article 265(3)(n)7, for “an EU obligation” substitute “a retained EU obligation”.

(7)

In Schedule 1, in paragraph 3(3)(e), omit “or EU instrument”.

PART 3Amendment of subordinate legislation

Amendment of the Water Supply (Water Fittings) Regulations (Northern Ireland) 20093.

(1)

The Water Supply (Water Fittings) Regulations (Northern Ireland) 20098 are amended as follows.

(2)

In regulation 1(2), omit the definitions of “EEA Agreement” and “EEA State”.

(3)

In regulation 4—

(a)

omit paragraph (2)(a);

(b)

in paragraph (2)(c), omit “of an EEA State”;

(c)

in paragraph (6)(a)—

(i)

omit “, a European Technical Assessment within the meaning of the Regulation mentioned in Regulation 4(2)(a)”;

(ii)

omit “of an EEA State”.

Amendment of the Water Environment (Floods Directive) Regulations (Northern Ireland) 20094.

(1)

The Water Environment (Floods Directive) Regulations (Northern Ireland) 20099 are amended as follows.

(2)

In regulation 2, omit the definition of “the Floods Directive”.

(3)

In regulation 3, for “the Floods Directive” substitute “these Regulations”.

(4)

In regulation 4—

(a)

in paragraph (1), for “the Floods Directive” substitute “these Regulations”;

(b)

in paragraph (2), for “the Floods Directive” substitute “these Regulations”.

(5)

In regulation 17(1)(a)(ix), for “of Article 4 of the Water Framework Directive” substitute “, within the meaning of regulation 2(2) of the 2017 Regulations”10.

(6)

In regulation 23, for “the Floods Directive” substitute “these Regulations”.

(7)

In Part I of Schedule 3, omit paragraph 4(d).

Thérèse Coffey
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs