Guidance

European Union (Withdrawal Agreement) Act 2020 secondary legislation laid with impacts on local government

Statutory instruments which have been laid and identified as having impacts on local authorities.

From:
Department for Levelling Up, Housing and Communities and Ministry of Housing, Communities & Local Government
Published
5 April 2019

Please note that this list is meant as a guide only and is not exhaustive: it is not legal advice – each authority should consult its legal advisors to ensure that any necessary amendments are made to its policies, procedures and delegations.

A full list of European Union (EU) Withdrawal Agreement Act 2020 related secondary legislation can be found on the government legislation site

EU (Withdrawal Agreement) Act 2020

The European Union (Withdrawal Agreement) Act 2020 continues the operation of EU Law in the UK until the end of the transition period.

Most secondary legislation introduced to date will therefore come into effect on 31 December 2020, apart from where otherwise stated.

There will be further primary and secondary legislation laid during the transition period to implement negotiation outcomes.

Paragraph 37 of Schedule 8 to the European Withdrawal Act, the “transitional and saving” provision which provides that anything done or in force before the end of the transition period (or in in the process of being done), and which relates to any element of retained EU law is preserved, is deferred to 21 December 2020.

Paragraph 37 will apply to local authority schemes of delegation which are in place immediately before exit day, to the extent to which those schemes relate to retained EU law. Any new schemes of delegations (or changes to schemes) after exit day would need to be formulated with regard to retained EU law, as applicable in each case. Consideration of paragraph 37 will help inform local authorities’ own legal view on these matters. Please note that, as with all other current legislation, this may change depending on the outcome of negotiations.

Additional guidance from Defra and Food Standards Agency (FSA)

In many cases, the amendments in secondary legislation made by Defra and FSA will not result in substantive changes to the meaning and effect of the law. However, in some cases, the changes being made will mean that different rules will apply after exit.

Such changes may affect the content of current guidance or the format of statutory forms. This means that local authorities will need to determine how best to review their guidance and documentation and amend it as required to reflect the changes in the law.

In the short term, it may be sensible to include a note at the start of all documents making clear that they may not be up to date in light of Brexit. This will put the onus on the reader to ensure that they are aware of any changes to the rules.

Local authorities can then in slower time review and revise their documentation, dealing with the policy areas where there are substantive changes first. It is a matter for each local authority to take their own legal advice on what changes are required.

The FSA will ensure that all guidance documents and material that it produces as part of its role as the central competent authority and which has legal implications for the delivery of official controls generally, includes the correct referencing to UK law and all relevant functions, systems and institutions. The priority will be those matters that have to be changed to enable all food enforcement agencies to enforce the law from day one. This will include certification and prescribed legal forms.

The FSA has published a statement for local authorities about updating content and enforcement documentation produced before the end of the EU transition or while the UK was in the EU. It includes information about retained EU law and enforcement regulations and offers legislation examples. Please use this information to support the delivery of your service.

Defra EU (Withdrawal Agreement) Act Statutory Instruments

Air quality

Animal and plant products

Common Agricultural Policy

Environment

Fertilisers, chemicals and pesticides

Fisheries

Waste

Food Standards Agency EU (Withdrawal Agreement) Act Statutory Instruments

Other government departments’ EU (Withdrawal Agreement) Act Statutory Instruments

Access to services

Chemical and genetically modified organisms

Childcare, child maintenance and child protection

Consumer protection and enforcement

Employees and operations

Funding

Planning and construction

Product safety

Please contact LGEngagement@levellingup.gov.uk if you have comments, questions or if you think that there is anything missing from this list.

Published 5 April 2019
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