The Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

PART 1 Introduction

Citation, commencement and extent

1.—(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 2 Amendment of primary legislation

Amendment of the Water and Sewerage Services (Northern Ireland) Order 2006

2.—(1) The Water and Sewerage Services (Northern Ireland) Order 2006(1) is amended as follows.

(2) In Article 6(11)(2), for “EU obligation” substitute “retained EU obligation”.

(3) In Article 135(3)—

(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)(4), 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)(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”.

(6) In Article 265(3)(n)(6), for “an EU obligation” substitute “a retained EU obligation”.

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

PART 3 Amendment of subordinate legislation

Amendment of the Water Supply (Water Fittings) Regulations (Northern Ireland) 2009

3.—(1) The Water Supply (Water Fittings) Regulations (Northern Ireland) 2009(7) 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) 2009

4.—(1) The Water Environment (Floods Directive) Regulations (Northern Ireland) 2009(8) 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”(9).

(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

9th January 2019