The European Union (Withdrawal Agreement) Act 2020 (Disapplication of the Deferral of Subordinate Legislation) (Wales) (EU Exit) Regulations 2020

Welsh Statutory Instruments

2020 No. 93 (W. 15)

Exiting The European Union, Wales

The European Union (Withdrawal Agreement) Act 2020 (Disapplication of the Deferral of Subordinate Legislation) (Wales) (EU Exit) Regulations 2020

Made

30 January 2020

Coming into force in accordance with regulation 1

The Welsh Ministers, in exercise of the power conferred by paragraph 1(3)(a) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020(1), makes the following Regulations.

As required by paragraph 2(4) of Schedule 5 to that Act, a Minister of the Crown(2) has been consulted before the making of these Regulations.

Title and commencement

1.  The title of these Regulations is the European Union (Withdrawal Agreement) Act 2020 (Disapplication of the Deferral of Subordinate Legislation) (Wales) (EU Exit) Regulations 2020 and they come into force on the day after the day on which they are made.

Disapplication of the deferral of subordinate legislation

2.  Paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 does not apply to the Elections (Wales) (Amendment) (EU Exit) Regulations 2019(3).

Mark Drakeford

First Minister, one of the Welsh Ministers

30 January 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 4 of the withdrawal agreement provides for the implementation period (or transition period).

Paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) gives legal effect to the implementation period by non-textually amending the coming into force dates of subordinate legislation which come into force immediately before exit day, on exit day or at any time after exit day. This subordinate legislation will instead come into force immediately before the end of the implementation period (IP completion day), on IP completion day or (as the case may be) at the time concerned after IP completion day.

Regulation 2 provides that paragraph 1(1) of Schedule 5 will not apply to the Elections (Wales) (Amendment) (EU Exit) Regulations 2019 so they will continue to come into force on exit day.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2020 (c. 1). See paragraph 1(6) of Schedule 5 to that Act for the definition of “appropriate authority” and section 39(1) for the definition of “devolved authority”.

(2)

See section 39(1) of that Act for the definition of a “Minister of the Crown”.

(3)

S.I. 2019/115 (W. 29).