The Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018

Welsh Statutory Instruments

2018 No. 1211 (W. 247)

Exiting The European Union, Wales

The Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018

Made

21 November 2018

Coming into force

22 November 2018

The Welsh Ministers make the following Regulations in exercise of the power conferred by section 22 of the Law Derived from the European Union (Wales) Act 2018(1) (“the Act”).

In accordance with paragraph 1(2) of Schedule 2 to the Act, a draft of this instrument has been laid before the National Assembly for Wales along with a statement setting out the Welsh Ministers’ view on whether the procedure in sub-paragraphs (6) to (14) of paragraph 1 of Schedule 2 should apply to this instrument.

In accordance with paragraph 1(3) of Schedule 2 to the Act, a statement has been laid before the National Assembly for Wales explaining why provision to modify primary legislation is needed.

In accordance with paragraph 1(6) of Schedule 2 to the Act, the Welsh Ministers have had regard to—

(a) any representations,

(b) any resolutions of the National Assembly for Wales, and

(c) any recommendations of a committee of the National Assembly for Wales charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations(2).

In accordance with paragraph 1(7) of Schedule 2 to the Act, the Welsh Ministers have laid a statement before the National Assembly for Wales—

(a) stating whether any representations were made, and

(b) if any representations were made, giving details of them.

In accordance with paragraph 1(8) of Schedule 2 to the Act, a draft of the regulations has been approved by a resolution of the National Assembly for Wales.

Title and commencement

1.—(1) The title of these Regulations is the Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018.

(2) These Regulations come into force on 22 November 2018.

Repeal of the Law Derived from the European Union (Wales) Act 2018

2.  The Law Derived from the European Union (Wales) Act 2018 is repealed.

Mark Drakeford

Cabinet Secretary for Finance, one of the Welsh Ministers

21 November 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations repeal the Law Derived from the European Union (Wales) Act 2018 (“the Act”) and are made under section 22 of the Act. Section 22 of the Act enables the Welsh Ministers to repeal, by regulations, the Act or any provision of the Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. A regulatory impact assessment was undertaken in relation to the Act. That regulatory impact assessment included an assessment of the option to continue to work with the UK Government to amend the EU (Withdrawal) Bill, the better to reflect the devolution settlement. As these Regulations reflect that option, information on the impact of these Regulations can be found in that regulatory impact assessment. The regulatory impact assessment can be accessed at: http://www.assembly.wales/laid%20documents/pri-ld11449-em/pri-ld11449-em-e.pdf.

(1)

2018 anaw 3.

(2)

Paragraph 1(16) provides that the “60-day” period in relation to any draft regulations is the period of 60 days beginning with the day on which the draft regulations were laid before the National Assembly for Wales. Paragraph 1(17) provides that no account is to be taken of any time during which the National Assembly for Wales is dissolved or in recess for more than 4 days.