The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C(1) of the European Union (Withdrawal) Act 2018 and the powers conferred by paragraphs 1 and 7 of Schedule 4 and paragraph 21(b) of Schedule 7 to that Act. They make provision under section 8(1) of that Act in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d), (f) and (g) and section 8(3)(a)) arising from the withdrawal of the United Kingdom from the European Union. They make provision under section 8C(1) (in particular under section 8C(1)(c) and 8C(3)) in order to make amendments relating to the Northern Ireland Protocol. The Regulations make provision under paragraph 1 of Schedule 4 to that Act for the charging of fees by public bodies in the United Kingdom in connection with functions conferred on them as a result of amendments made by these Regulations under section 8(1) of that Act; and they make provision under paragraph 7 of Schedule 4 revoking provision for the charging of fees for the exercise of functions which are removed by amendments made under section 8(1).

These Regulations also make consequential provision in exercise of the power conferred by section 41(1) of the European Union (Withdrawal Agreement) Act 2020 to substitute a number of references to “exit day” with “IP completion day”.

These Regulations make amendments to legislation in the field of chemical regulation and the regulation of genetically modified organisms. None of the changes being made alter the technical requirements and standards established by the legislation.

Part 1 covers citation and commencement.

Part 2 amends domestic subordinate legislation, namely the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720 – “the 2019 Regulations”), which in turn amends retained EU law in the field of chemical regulation and the regulation of genetically modified organisms. Regulations 4 to 6 amend the body of the 2019 Regulations. Regulations 7 to 9, together with Schedules 1, 2 and 3, amend Schedules 1, 2 and 3 to the 2019 Regulations respectively. Schedules 1 to 3 to the 2019 Regulations amend subordinate legislation, retained direct EU legislation, and Annex II to the EEA Agreement respectively. Regulation 10 inserts a new Schedule 4 into the 2019 Regulations, as provided for in Schedule 4, to make provision for savings and transitional arrangements and some consequential amendments.

A full impact assessment has not been prepared for this instrument, as no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.