(This note is not part of the Regulations)
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), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.
This instrument revokes and replaces the Cross-border Parcel Delivery Services (Amendment) (EU Exit) Regulations 2020 due to a defect in that instrument. Regulation 1 made provision for the commencement and coming into force of the Regulations on exit day. “Exit day” is defined in section 20(1) of the European Union (Withdrawal) Act 2018 as 11pm on 31st January 2020. This is an error. Regulation 1 should have made provision for the commencement and coming into force of the Regulations on IP completion day, as defined in section 39(1) European Union (Withdrawal Agreement) Act 2020 as 11pm on 31st December 2020, so that the Regulations come into effect at the same time as the revocation of EU Regulation 2018/644 on cross-border parcel delivery services (“the EU Regulation”), which was achieved by the Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 S.I. 2018/1417 (“the 2018 Regulations”).
The Cross-border Parcel Delivery Services (EU Information Requirements) Regulations 2019 (“the 2019 Regulations”) amended the Postal Services Act 2011 (c. 5) (“the 2011 Act”) to extend the information gathering powers and enforcement powers of OFCOM under that Act to infringements of the EU Regulation. The amendments came into force on 23rd November 2019.
By virtue of the 2018 Regulations, the EU Regulation will be revoked in its entirety on IP completion day (pursuant to paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020, the reference to exit day in the commencement provision is to be read as a reference to IP completion day). As a consequence, these Regulations will reverse the changes made to the 2011 Act by the 2019 Regulations from that day: regulation 3 amends section 55 of the 2011 Act and regulation 4 amends Schedule 8 to the 2011 Act, which makes provision for requiring information to be provided to OFCOM to carry out their functions for the purposes of the EU Regulation.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.