Explanatory Note

(This note is not part of the Regulations)

The Protocol on Ireland / Northern Ireland in the withdrawal agreement (“the Protocol”) requires that the EU legislation listed in Annex 2 to that Protocol is implemented in Northern Ireland. The Regulations amended by regulations 2 to 20 of these Regulations and their respective Schedules each implement some of the EU legislation that is listed in Annex 2 to the Protocol.

The Regulations which are amended by these Regulations, generally extend to England and Wales and Scotland and Northern Ireland. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) amend some of them to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union but those amendments apply prospectively (with effect from IP completion day) and only extend to England and Wales and Scotland.

The amendments made by these Regulations extend to Northern Ireland only and make minor amendments to reflect the fact that the relevant EU legislation will continue to apply to Northern Ireland by virtue of the Protocol. There are also some amendments required to take account of the fact whilst Northern Ireland must continue to implement the EU legislation, England and Wales and Scotland will have regimes that are independent of the EU legislation.

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