These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”), in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), and (g) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

They amend regulation 12 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473).

The amendments made by regulation 2(a) provide that European Commission functions of making instruments of a legislative character under Article 7(1) to (3) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein are exercisable by the Secretary of State in regulations. The amendments made by regulation 2(b) provide for a statutory instrument containing such regulations to be subject to annulment in pursuance of a resolution of either House of Parliament.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.