The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019

PART 1 Introduction

Citation and commencement

1.  These Regulations may be cited as the UK Statistics (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 Amendments to primary legislation

Amendment of the Statistics and Registration Service Act 2007

2.—(1) The Statistics and Registration Service Act 2007(1) is amended as follows.

(2) In section 29(5) for “EU obligation” substitute “retained EU obligation”.

(3) In section 39(4)(b) for “an EU obligation” substitute “a retained EU obligation”.

(4) In section 45A(12)(c)(2)—

(a) for “directly applicable EU legislation” substitute “retained direct EU legislation”; and

(b) for “any enactment to the extent that it implements EU legislation” substitute “anything that is EU-derived domestic legislation by virtue of section 2(2)(a) or (b) of the European Union (Withdrawal) Act 2018”.

(5) In section 45B(3)(c)(3)—

(a) for “directly applicable EU legislation” substitute “retained direct EU legislation”; and

(b) for “any enactment to the extent that it implements EU legislation” substitute “anything that is EU-derived domestic legislation by virtue of section 2(2)(a) or (b) of the European Union (Withdrawal) Act 2018”.

(6) In section 45C(13)(d)—

(a) for “directly applicable EU legislation” substitute “retained direct EU legislation”; and

(b) for “any enactment to the extent that it implements EU legislation” substitute “anything that is EU-derived domestic legislation by virtue of section 2(2)(a) or (b) of the European Union (Withdrawal) Act 2018”.

Amendment of the Data Protection Act 2018

3.  In paragraph 1(3) of Schedule 1 to the Data Protection Act 2018(4), in the definition of “social protection”, for “(as amended from time to time)” substitute “as it had effect in EU law immediately before exit day”.

PART 3 Amendments to subordinate legislation

Amendment of the Public Contracts Regulations 2015

4.  In Schedule 2 to the Public Contracts Regulations 2015(5) (activities constituting works), after “Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community” insert “as that Regulation had effect in EU law immediately before exit day”.

Amendment of the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015

5.  In regulation 2(1) of the Electricity Supplier Obligations (Amendment & Excluded Electricity) Regulations 2015 (interpretation)(6), in the definition of “NACE Rev 2”, after “Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 (relating to the statistical classification of economic activities)(3)” insert “as that Regulation had effect in EU law immediately before exit day”.

Amendment of the Concession Contracts Regulations 2016

6.  In Schedule 1 to the Concession Contracts Regulations 2016(7) (activities constituting works), after “Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community” insert “as that Regulation had effect in EU law immediately before exit day”.

Amendment of the Utilities Contracts Regulations 2016

7.  In Schedule 1 to the Utilities Contracts Regulations 2016(8) (activities constituting works), after “Council Regulation (EEC) No 3037/90 on the classification of economic activities in the European Community” insert “as that Regulation had effect in EU law immediately before exit day”.

PART 4 Amendment and revocation of retained direct EU legislation

Amendment and revocation of retained direct EU legislation

8.—(1) The retained EU regulations and EU decisions set out in Schedule 1 are revoked.

(2) The points in Annex XXI to the EEA agreement, as it forms part of domestic law, set out in Schedule 2 are omitted.

Chloe Smith

Minister for the Constitution

Cabinet Office

6th March 2019