95.—(1) Article 138 is amended as follows.U.K.
(2) For “Commission”, in each place it occurs, substitute “ Secretary of State ”.
(3) In paragraph 1—
[F1(a)in the first sentence, for “By 1 June 2019” substitute “Within 18 months of [F2IP completion day]”;]
(b)omit the second sentence;
(c)after point (c) insert—
“(d)the views of any appropriate authority.”;
(d)in the final sentence, for “present legislative” substitute “ formulate ”.
(4) In paragraphs 2 and 3, for “present legislative” substitute “ formulate ”.
(5) Omit paragraphs 4 to 7.
(6) In paragraph 8—
[F3(a)in the first sentence, for “By 1 June 2019” substitute “Within 18 months of [F2IP completion day]”;]
(b)in the last sentence, for “present legislative” substitute “ formulate ”.
(7) In paragraph 9—
[F4(a)for “by 1 June 2019” substitute “within 18 months of [F2IP completion day]”;]
(b)for the final sentence substitute—
“The Secretary of State may, by regulations, amend Annex 8 if the Secretary of State considers that it is appropriate to do so on the basis of this review, while ensuring a high level of protection of health and the environment.
Regulations under this paragraph are to be made by statutory instrument; and a statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
The function of making regulations under this Article is subject to the consent requirement in Article 4A.”.
Textual Amendments
F1Sch. 1 para. 95(3)(a) substituted (31.12.2020 immediately before S.I. 2020/1577, Pt. 2 comes into force) by The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1144), regs. 1, 3(6)(a) (as amended by S.I. 2020/1577, regs. 1(1)(a), 13(2))
F2Words in Sch. 1 substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 6(2)
F3Sch. 1 para. 95(6)(a) substituted (31.12.2020 immediately before S.I. 2020/1577, Pt. 2 comes into force) by The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1144), regs. 1, 3(6)(b) (as amended by S.I. 2020/1577, regs. 1(1)(a), 13(2))
F4Sch. 1 para. 95(7)(a) substituted (31.12.2020 immediately before S.I. 2020/1577, Pt. 2 comes into force) by The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1144), regs. 1, 3(6)(c) (as amended by S.I. 2020/1577, regs. 1(1)(a), 13(2))
Commencement Information
I1Sch. 1 para. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)