Brexit highlights—11 December 2020

Brexit highlights—11 December 2020

These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas, collated on 11 December 2020.

General Brexit headlines

This section contains key overarching Brexit news headlines.

Brexit Bulletin—government publishes further details of agreement on implementation of the Northern Ireland Protocol

The government has published a policy paper setting out further details of the agreement in principle on the implementation of the Northern Ireland Protocol, announced by the Withdrawal Agreement Joint Committee. The paper, presented to Parliament on 10 December 2020, outlines how the agreement achieves the government’s commitments to Northern Ireland and includes details of the relevant draft decisions and unilateral declarations to be adopted in the Joint Committee. The government also announced additional support for traders moving food and agricultural products subject to specific SPS controls.

Brexit Bulletin—government details agreement in principle on Northern Ireland Protocol

The Chancellor of the Duchy of Lancaster and Joint-Chair of the Withdrawal Agreement Joint Committee, Michael Gove, has updated the House of Commons on the implementation of the Northern Ireland Protocol to the Withdrawal Agreement. The statement followed the joint announcement of an agreement in principle between the UK and EU on the implementation and operation of the Protocol (see: LNB News 08/12/2020 117). The government says that the agreement reached delivers on its core commitments and priorities, allowing it to withdraw controversial provisions of the United Kingdom Internal Market Bill introduced as a ‘safety net’ to protect UK interests. Meanwhile, negotiations continued on the future UK-EU relationship with EU leaders calling for a firm decision on the future of the talks by 13 December 2020.

See: LNB News 09/12/2020 120.

Brexit Bulletin—UK and EU push for 'further efforts’ towards breaking the impasse in key transition workstreams

On 5 December 2020, Prime Minister, Boris Johnson, and European Commission President, Ursula von der Leyen, jointly agreed to resume future UK-EU relationship talks. Negotiators reconvened in Brussels on 6 December 2020, with UK and EU leaders taking stock of progress on 7 December 2020. While acknowledging the conditions for an agreement are not yet there, UK and EU leaders agreed to make ‘further efforts’ in a final attempt towards breaking the impasse over level playing field, governance and fisheries. Meanwhile, the government signalled constructive progress in separate discussions on the Withdrawal Agreement implementation (as noted above).

See: LNB News 07/12/2020 102.

Brexit Bulletin—European Commission puts forward contingency measures for no deal outcome in Brexit transition

The European Commission has put forward four targeted contingency measures to ensure reciprocal air and road connectivity between the EU and UK with the aim of catering for a period where no agreement is in place. The measures also allow for the possibility of reciprocal fishing access by EU and UK vessels to each other’s waters. The four measures cover basic air connectivity, which involves a proposal for Regulation to ensure certain air services for six months; aviation safety, which proposes a Regulation ensuring that safety certificates can continue to be used; basic road connectivity, which includes a proposal for a Regulation covering basic connectivity for road freight and road passenger transport for six months; and fisheries, which proposes a Regulation to create the necessary legal framework for continued reciprocal access for vessels.

See: EU puts forward contingency measures for no deal at the end of the Brexit transition and LNB News 10/12/2020 61.

Brexit Bulletin—updated contingency plans for Port of Holyhead issued by Welsh Government

The Welsh Government has published updated contingency plans in a bid to keep any disruption at the Port of Holyhead, the key entry and exit point for goods transport between the UK and Ireland to ‘the absolute minimum’ when the transition period ends on 31 December 2020. The Welsh Government is responsible for managing the trunk road network and is planning for the potential impact of delays for hauliers travelling to Ireland, when the EU applies new border controls to UK traffic on 1 January 2021. Meanwhile, the Welsh Affairs Committee has warned that ‘there is a significant and unacceptable risk that neither Holyhead nor Fishguard/Pembroke will have appropriate inland facilities ready for the full implementation of new customs processes and checks following Brexit’. In its newly published report, titled ‘Brexit and trade: implications for Wales’, the committee expressed concern over the readiness and capacity of Welsh ports and accompanying infrastructure to carry out thousands of new checks a day, which it calls ‘a consequence of the UK’s new trading arrangements with the EU resulting from Brexit’.

See: LNB News 07/12/2020 99 and LNB News 11/12/2020 67.

Brexit Bulletin—ESC reports on EU policy areas of UK significance including UK-EU-Norway Fisheries Agreement

The European Scrutiny Committee (ESC) has published its 31st report on recent draft EU legislation and policy documents deposited in Parliament by the government. The ESC gauges the legal and political importance of each legislative proposal and, where appropriate, inquires further on its implications and/or recommends it for debate. Subjects identified as legally and/or politically important include the UK-EU-Norway Fisheries Agreement, the European Commission's digital and data strategies and the Northern Ireland Protocol to the Withdrawal Agreement on application of tariff rate quotas and other important quotas.

See: LNB News 09/12/2020 76.

Ashley Fox named as inaugural chair of IMA for Citizens’ Rights Agreements

The Lord Chancellor, Robert Buckland, has appointed the inaugural chair of the Independent Monitoring Authority (IMA) for the Citizens’ Rights Agreements and three non-executive members to the IMA. The Lord Chancellor has appointed Sir Ashley Fox as chair until 7 December 2024. The three non-executive members appointed are Punam Birly for a two year tenure and Marcus Killick and Leo O’Reilly for a three year tenure.

See: LNB News 08/12/2020 81.

Coronavirus (COVID-19) vaccine decisions have little to do with Brexit

The UK has managed the feat of becoming the first Western country to approve a coronavirus (COVID-19) vaccine. In this piece, James Kane discusses why Brexit is not the reason why and it could make the roll-out harder.

See News Analysis: Coronavirus (COVID-19) vaccine decisions have little to do with Brexit.

Brexit legislation updates

This section contains Brexit news headlines relating to Brexit-related primary legislation and legislative preparation for Brexit generally.

B​rexit Bulletin—ninth report on the European Union (Withdrawal) Act and common frameworks

The Cabinet Office has published its ninth report on the development of common frameworks under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). The common frameworks are intended to ensure harmonisation within the UK market in key devolved areas. The report covers progress by the government and devolved administrations in the development of common legislative frameworks in areas of devolved competence, which intersect with EU law, noting that the coronavirus (COVID-19) outbreak has impacted the delivery plans and timescales. The report covers the period from 26 June 2020 to 25 September 2020.

See: LNB News 10/12/2020 95.

Taxation (Post-Transition Period) Bill 2020

The government has published the Taxation (Post-Transition Period) Bill 2020 together with accompanying explanatory notes and other supporting documents. This analysis explains the key provisions of the Bill, which is being fast-tracked through Parliament.

See News Analysis: Taxation (Post-Transition Period) Bill 2020—Tax analysis and LNB News 09/12/2020 5.

Brexit SIs and sifting updates

This section contains updates on the latest final and draft Brexit SIs laid in Parliament, plus updates on proposed negative Brexit SIs laid for sifting.

Made Brexit SIs laid in Parliament

Customs (Transitional) (EU Exit) Regulations 2020

SI 2020/1449: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 (T(CT)A 2018) in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation in relation to customs. It comes into force partly on 30 December 2020, and fully on such day as the Treasury may by regulations under T(CT)A 2018, s 52 appoint.

See: LNB News 09/12/2020 54.

Customs Transit Procedures (Amendment, etc) (EU Exit) Regulations 2020

SI 2020/1491: This enactment is made in exercise of legislative powers under the T(CT)A 2018 in preparation for IP completion day. This enactment amends four pieces of UK secondary legislation in relation to customs. It comes into force on such day as the Treasury may by regulations under T(CT)A 2018, s 52 appoint.

See: LNB News 11/12/2020 13.

Value Added Tax (Miscellaneous and Transitional Provisions, Amendment and Revocation) (EU Exit) Regulations 2020

SI 2020/1495: This enactment is made in exercise of legislative powers under the Value Added Tax Act 1994, the Finance Act 2011, and the T(CT)A 2018 in preparation for IP completion day. This enactment amends five pieces of UK secondary legislation, revokes two pieces of UK secondary legislation and two pieces of retained direct EU legislation in relation to the Value Added Tax (VAT). It comes into force on such day or days as the Treasury may by regulations under T(CT)A 2018, s 52 appoint.

See: LNB News 11/12/2020 40.

Taxes (State Aid) (Amendments) (EU Exit) Regulations 2020

SI 2020/1499: This enactment is made in exercise of legislative powers under the Finance Act 2019, and the Capital Allowances Act 2001 in preparation for IP completion day. This enactment amends five pieces of UK primary legislation, and one piece of UK secondary legislation in relation to corporation and income taxes. It comes into force on IP completion day.

See: LNB News 11/12/2020 70.

Excise Duties (Transitional and Miscellaneous Amendments) (EU Exit) Regulations 2020

SI 2020/1494: This enactment is made in exercise of legislative powers under the T(CT)A 2018 in preparation for IP completion day. This enactment amends five pieces of UK secondary legislation in relation to excise duties. It comes into force on 31 December 2020.

See: LNB News 11/12/2020 25.

Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020

SI 2020/1496: This enactment is made in exercise of legislative powers under the T(CT)A 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation and four pieces of retained direct EU legislation in relation to tobacco products. It comes into force on IP completion day.

See: LNB News 11/12/2020 52.

European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

SI 2020/1447: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the European Union (Withdrawal Agreement) Act 2020 in preparation for IP completion day. This enactment amend 16 pieces of UK primary legislation and one piece of UK secondary legislation in relation to EU withdrawal. It comes into force partly immediately before IP completion day, and fully on IP completion day. This enactment was re-made with technical corrections, principally deleting Part 8 of the draft SI which previously made consequential amendments to the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013, SI 2013/419. (Updated from draft on 7 December 2020.)

See: LNB News 23/10/2020 14.

Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020

SI 2020/1493: This enactment is made in exercise of legislative powers under the EU(W)A 2018, and the European Union (Withdrawal Agreement) Act 2020 in preparation for IP completion day. This enactment amends nine pieces of UK secondary legislation in relation to civil, criminal and family justice. It comes into force immediately before IP completion day.

See: LNB News 11/12/2020 18.

Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020

SI 2020/1454: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment establishes the definition of ‘qualifying Northern Ireland goods’. It came into force on 5 December 2020. (Updated from draft on 7 December 2020.)

See: LNB News 15/10/2020 9.

Common Rules for Exports (EU Exit) Regulations 2020

SI 2020/1405: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of retained EU legislation in relation to common rules for exports in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force on IP completion day. (Updated from draft on 4 December 2020.)

See: LNB News 22/09/2020 41.

Channel Tunnel (Customs and Excise) (Amendment) (EU Exit) Order 2020

SI 2020/1417: This enactment is made in exercise of legislative powers under the Channel Tunnel Act 1987 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation in relation to the channel tunnel. It comes into force on IP completion day.

See: LNB News 04/12/2020 85.

Travellers’ Allowances and Miscellaneous Provisions (EU Exit) Regulations 2020

SI 2020/1412: This enactment is made in exercise of legislative powers under T(CT)A 2018 in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation in relation to travellers’ allowances. It comes into force on IP completion day.

See: LNB News 04/12/2020 45.

National Health Service (Charges to Overseas Visitors) (Amendment) (EU Exit) Regulations 2020

SI 2020/1423: This enactment is made in exercise of legislative powers under the National Health Service Act 2006 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation, and revokes one piece of UK secondary legislation in relation to the National Health Service (NHS). It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 08/12/2020 23.

State Aid (Revocations and Amendments) (EU Exit) Regulations 2020

SI 2020/1470: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends three pieces of UK primary legislation, 17 pieces of UK secondary legislation, and 10 pieces of retained EU legislation, and revokes 28 pieces of retained EU legislation in relation to state aid in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force on IP completion day. (Updated from draft on 10 December 2020.)

See: LNB News 09/10/2020 36.

Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020

SI 2020/1450: This enactment is made in exercise of legislative powers under the European Communities Act 1972 (ECA 1972) and the EU(W)A 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation in relation to public procurement. It comes into force partly on 29 November 2020, and fully immediately before IP completion day. (Updated from draft on 7 December 2020.)

See: LNB News 15/10/2020 104.

European Institutions and Consular Protection (Amendment etc) (EU Exit) (Amendment) Regulations 2020

SI 2020/1464: This enactment is made in exercise of legislative powers under the European Union (Withdrawal) Act 2018 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation in relation to European Institutions and Consular Protection in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force on IP completion day.

See: LNB News 10/12/2020 30.

Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020

SI 2020/1458: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation in relation to cultural objects, necessary to implement the Northern Ireland Protocol as part of the EU Withdrawal Agreement. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 10/12/2020 6.

Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

SI 2020/1419: This enactment is made in exercise of legislative powers under the ECA 1972 and the EU(W)A 2018 in preparation for IP completion day. This enactment implements Directive (EU) 2018/1972 (the European Electronic Communications Code), amends two pieces of UK primary legislation, four pieces of UK secondary legislation, and one piece of retained EU legislation in relation to electronic communications. It comes into force partly on 21 December 2020, and fully on IP completion day. (Updated from draft on 7 December 2020.)

See: LNB News 14/10/2020 26.

Communications Act (e-Commerce) (EU Exit) Regulations 2020

SI 2020/1420: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment addresses deficiencies arising in the operation of the Communications Act 2003 as a result of the UK’s exit from the EU. It comes into force on IP completion day. (Updated from draft on 7 December 2020.)

See: LNB News 08/10/2020 3.

Product Safety (Toys and Cosmetics) and Metrology (Measuring and Non-automatic Weighing Instruments) (Amendment) (EU Exit) Regulations 2020

SI 2020/1486: This enactment is made in exercise of legislative powers under the EU(W)A 2018 i in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation in relation to product safety and metrology. It comes into force partly immediately before IP completion day, and fully immediately before Part 4 of the Product Safety and Metrology etc (Amendment etc) (UK(NI) Indication) (EU Exit) Regulations 2020.

See: LNB News 11/12/2020 12.

Medical Devices (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1478: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends three pieces of UK secondary legislation in relation to medical devices in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and in order to give effect to the Northern Ireland Protocol to the Withdrawal Agreement, respectively. It came into force partly on 9 December 2020, and comes into force fully immediately before IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 20/11/2020 10.

Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020

SI 2020/1461: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends four pieces of UK secondary legislation and three pieces of retained direct EU legislation in relation to veterinary medicines and residues in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU and to reflect the Northern Ireland Protocol to the Withdrawal Agreement. It comes into force partly immediately before IP completion day and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 03/11/2020 4.

Supplementary Protection Certificates (Amendment) (EU Exit) Regulations 2020

SI 2020/1471: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation and two pieces of retained EU legislation in relation to supplementary protection certificates for medicinal products and plant protection products. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 10 December 2020.)

See: LNB News 20/10/2020 52.

Nutrition (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1476: This enactment is made in exercise of legislative powers under the European Union (Withdrawal) Act 2018, and the European Union (Withdrawal Agreement) Act 2020 in preparation for IP completion day. These Regulations amend one piece of UK secondary legislation, four pieces of retained EU legislation, and revoke one piece of Northern Ireland secondary legislation in relation to nutrition and health claims in order to address failures of retained EU law to operate effectively and other deficiencies and to make consequential and supplementary provision arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 10 December 2020.)

See: LNB News 08/10/2020 8.

Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

SI 2020/1452: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends five pieces of UK secondary legislation and two pieces of retained EU legislation in relation to agricultural products in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 29/10/2020 1.

Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No 2) Regulations 2020

SI 2020/1453: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends nine pieces of UK secondary legislation and two pieces of retained EU legislation in relation to agricultural products in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 28/10/2020 6.

Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1446: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation, and five pieces of retained EU legislation in relation to markets and agricultural products in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 15/10/2020 35.

Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

SI 2020/1462: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends six pieces of UK secondary legislation, and 30 pieces of retained direct EU legislation, and revokes one piece of UK secondary legislation, and eight pieces of retained direct EU legislation in relation to animals and animal products, in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly on 31 December 2020, and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 29/10/2020 54.

Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020

SI 2020/1400: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation, and one piece of retained direct EU legislation in relation to organic products in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and to reflect the Northern Ireland Protocol to the Withdrawal Agreement. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 04/12/2020 71.

Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020

SI 2020/1421: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends four pieces of UK secondary legislation, and one piece of retained EU legislation in relation to genetically modified organisms (GMOs). It comes into force partly immediately before regulation 12 of the Food and Farming (Amendment) (EU Exit) Regulations 2019 come into force, partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 7 December 2020.)

See: LNB News 01/01/0001 2662.

Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020

SI 2020/1463: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends six pieces of UK secondary legislation, and three pieces of retained direct EU legislation in relation to aquatic animal health and alien species in aquaculture, animals, and marketing of seed, plant and propagating material to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 03/11/2020 43.

Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020

SI 2020/1445: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the Direct Payments to Farmers (Legislative Continuity) Act 2020 in preparation for IP completion day. This enactment amends 13 pieces of UK secondary legislation, and four pieces of retained EU legislation, and revokes two pieces of UK secondary legislation in relation to agriculture in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU and to reflect the Protocol on Northern Ireland to the Withdrawal Agreement. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 15/10/2020 59.

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020

SI 2020/1429: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation in relation to ship recycling in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and in order to give effect to the Protocol on Northern Ireland to the Withdrawal Agreement. It comes into force immediately before IP completion day. (Updated from draft on 9 December 2020.)

See: LNB News 27/10/2020 40.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020

SI 2020/1418: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation and ten pieces of retained EU legislation in relation to the Road Vehicle Carbon Dioxide Emission Performance Standards in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It came into force partly on 2 December 2020, and comes into force fully on IP completion day. (Updated from draft on 7 December 2020.)

See: LNB News 21/10/2020 17.

New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020

SI 2020/1402: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece UK secondary legislation and one piece of retained direct EU legislation in relation to new heavy duty vehicles in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly on the day after the day on which these Regulations are made, and fully on IP completion day.

See: LNB News 04/12/2020 65.

Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020

SI 2020/1497: Provisions of the Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 fully transpose EU Directive 2011/92/EU1 on the assessment of the effects of certain public and private projects on the environment as amended by EU Directive 2014/52/EU2. The Instrument applies to activities related to proposed offshore oil and gas exploration and production, gas unloading and storage, and storage of carbon dioxide (“offshore projects”) which make provision for the Secretary of State’s consideration of the environmental impacts of proposed offshore projects when deciding whether to agree to the grant of consent for such projects in England, Northern Ireland, Scotland and Wales. These Regulations come into force immediately before IP completion day.

See: LNB News 11/12/2020 15.

Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2020

SI 2020/1473: This enactment is made in exercise of legislative powers under the European Union (Withdrawal Agreement) Act 2020 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation in relation to the Kimberley Process certification scheme. It comes into force immediately before IP completion day.

See: LNB News 11/12/2020 9.

Air Traffic Management (Amendment etc) (EU Exit) (No 3) Regulations 2020

SI 2020/1498: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation, one piece of retained direct EU legislation, and revokes one piece of retained direct EU legislation in relation to air traffic management in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 11/12/2020 62.

Trade in Torture etc Goods (Amendment) (EU Exit) Regulations 2020

SI 2020/1479: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of retained direct EU legislation in relation to customs in order to address failures of EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It came into force on 11 December 2020.

See: LNB News 11/12/2020 11.

Misappropriation (Sanctions) (EU Exit) Regulations 2020

SI 2020/1468: This enactment is made in exercise of legislative powers under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) in preparation for IP completion day. This enactment revokes three pieces of UK secondary legislation and three pieces of retained direct EU legislation in relation to sanctions to establish a sanctions regime for the purpose of deterring and providing accountability for the misappropriation of State funds from a country outside the UK. It comes into force in accordance with regulations made under SAMLA 2018, s 56.

See: LNB News 10/12/2020 35.

Sanctions (EU Exit) (Miscellaneous Amendments) (No 5) Regulations 2020

SI 2020/1397: This enactment is made in exercise of legislative powers under the SAMLA 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation in relation to international sanctions. It comes into force in accordance with regulations made by the Secretary of State under SAMLA 2018, s 56.

See: LNB News 03/12/2020 41.

Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020

SI 2020/1289: This enactment is made in exercise of legislative powers under the SAMLA 2018 in preparation for IP completion day. This enactment amends three pieces of UK secondary legislation in relation to international sanctions. It comes into force in accordance with regulations made by the Secretary of State under SAMLA 2018, s 56.

See: LNB News 04/12/2020 37.

Counter-Terrorism (Sanctions) (EU Exit) (Commencement) Regulations 2020

SI 2020/1416: Certain provisions of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019, which have been made under SAMLA 2018, s 1, came into force on 7 December 2020.

See: LNB News 04/12/2020 21.

Direct Payments to Farmers (England) (Amendment) Regulations 2020

SI 2020/1513: This enactment is made in exercise of legislative powers under the Agriculture Act 2020 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation and eight pieces of retained direct EU legislation in relation to agriculture. It came into force partly on 11 December 2020, and comes into force fully on 1 January 2021. (Updated from draft on 11 December 2020.)

See: LNB News 24/11/2020 124.

Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020

SI 2020/1410: Provisions are made to amend various statutory instruments relating to food and feed hygiene and safety, to ensure an appropriate enforcement regime exists in respect of certain EU food and feed legislation. Provisions are also made to amend the Materials and Articles in Contact with Food (England) Regulations 2012 to provide the execution and enforcement, in England, of two EU Regulations—Regulation (EC) No 282/2008 on recycled plastic processes and Regulation (EU) No 2018/213 on bisphenol A, the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015, the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015, the Official Feed and Food Controls (England) Regulations 2009, the Food Safety and Hygiene (England) Regulations 2013, and the Fishery Products (Official Controls Charges) (England) Regulations 2007. These Regulations come into force partly on 25 December 2020, and fully immediately after IP completion day.

See: LNB News 07/12/2020 4.

National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) (Wales) (Amendment) (EU Exit) Regulations 2020

SI 2020/1396: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of Welsh secondary legislation in relation to the NHS in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force immediately before IP completion day.

See: LNB News 03/12/2020 8.

Plant Health (Forestry) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020

SI 2020/1492: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends two pieces of Welsh secondary legislation in relation to plant health in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 10/12/2020 7.

Seed Marketing (Amendment) (No 2) Regulations (Northern Ireland) 2020

SR 2020/322: Amendments are made to the Seed Marketing (Amendment) Regulations (Northern Ireland) 2020 in Northern Ireland. These Regulations come into force on 27 December 2020.

See: LNB News 11/12/2020 5.

Electricity (Internal Markets) Regulations (Northern Ireland) 2020

SR 2020/307: Provisions are made to transpose elements of the Electricity (Recast) Directive (EU) 2019/944 on the internal market for electricity. This Directive repeals Directive 2009/72/EC. These Regulations come into force on 31 December 2020.

See: LNB News 08/12/2020 14.

Electricity (Priority Dispatch) Regulations (Northern Ireland) 2020

SR 2020/306: Provisions are made to ensure the continued functioning of the internal market for electricity and includes requirements related to the development of renewable energy and environmental policy, including particular specific rules for certain types of renewable power-generating facilities and dispatch and re-dispatching in Northern Ireland. These Regulations come into force partly on 31 December 2020, and fully on 1 April 2021.

See: LNB News 08/12/2020 7.

Gas (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/305: This enactment is made in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This enactment amends three pieces of UK secondary legislation in relation to gas in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly on 28 December 2020, and fully on IP completion day.

See: LNB News 08/12/2020 6.

EU Fertilising Products Regulations (Northern Ireland) 2020

SSI 2020/303: Provisions are made to implement Articles 20 to 36 of Regulation (EU) 2019/1009 in Northern Ireland. These Regulations designate the Secretary of State as the notifying authority for Northern Ireland, responsible for the appointment and oversight of the bodies that will assess the compliance of fertilisers with requirements under a new conformity assessment regulatory regime. They also set out the process by which bodies will apply to take on this assessment role for the authorisation of the United Kingdom Accreditation Service (UKAS) to evaluate their competence for the role, and provide for an appeal procedure from the decisions of these bodies. These Regulations come into force on 28 December 2020.

See: LNB News 07/12/2020 12.

Seeds (Variety Lists) Regulations (Northern Ireland) 2020

SR 2020/302: Provisions are made to transpose the provisions of Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species and Council Directive 2002/55/EC on the marketing of vegetable seed (as it relates to the listing of vegetable varieties). It creates Northern Ireland Variety Lists for agricultural plant varieties and vegetable seed varieties. These variety lists provide for the marketing of listed varieties in Northern Ireland. These Regulations come into force on 31 December 2020.

See: LNB News 07/12/2020 19.

Seed Marketing (Amendment) Regulations (Northern Ireland) 2020

SR 2020/301: Amendments are made to the Seed Marketing Regulations (Northern Ireland) 2016 to ensure that the Department of Agriculture, Environment and Rural Affairs (DAERA) fulfils its obligations to transpose EU law into domestic legislation in Northern Ireland. These Regulations come into force on 28 December 2020.

See: LNB News 07/12/2020 25.

Food and Feed Hygiene and Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2020

SR 2020/291: Provisions are made to enforce Regulation (EU) 2020/354 on establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC in Northern Ireland by amending the Animal Feed (Composition, Marketing and Use) Regulations (Northern Ireland) 2016 and the Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016, substitute references to the repealed Regulation (EC) 882/2004 for references to the new Official Controls Regulation (EU) 2017/625 in the Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016, and correct an omission in the Official Feed and Food Controls Regulations (Northern Ireland) 2009 and make other minor consequential amendments relating to Part 3 of the 2009 Regulations Northern Ireland. These Regulations come into force on 25 December 2020.

See: LNB News 03/12/2020 91.

Education (Student Fees and Support) (Amendment etc) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/295: This enactment is made in exercise of legislative powers under the Education (Student Support) (Northern Ireland) Order 1998, and the Higher Education (Northern Ireland) Order 2005 in preparation for IP completion day. This enactment amends three pieces of Northern Ireland secondary legislation in relation to education. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 03/12/2020 19.

Further Education (Student Support) (Eligibility) (Amendment etc) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/296: This enactment is made in exercise of legislative powers under the Education (Student Support) (Northern Ireland) Order 1998 in preparation for IP completion day. This enactment amends one piece of Northern Ireland secondary legislation, and revokes one piece of Northern Ireland secondary legislation in relation to education. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 03/12/2020 20.

Draft Brexit SIs laid in Parliament

Plant Health (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation and two pieces of retained direct EU legislation in relation to plant health in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and deal with matters arising out of, or related to, the Northern Ireland Protocol to the Withdrawal Agreement. It comes into force on the day after the day on which these Regulations are made.

See: LNB News 11/12/2020 3.

Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021

SI 2021/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation and one piece of retained direct EU legislation in relation to fertilisers and ammonium nitrate material in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force on the day after the day on which these Regulations are made.

See: LNB News 11/12/2020 1.

Draft Brexit SIs laid for sifting and sifting committee recommendations

Brexit SI Bulletin—latest drafts and sifting committee reports, 11 December 2020

The Commons European Statutory Instruments Committee (ESIC) and the Lords Secondary Legislation Scrutiny Committee (SLSC) are responsible for the sifting process under the EU(W)A 2018. These committees scrutinise proposed negative Brexit SIs and make recommendations on the appropriate parliamentary procedure before the instruments are laid in Parliament. This bulletin outlines the latest updates and recommendations, collated on 11 December 2020.

See News Analysis: Brexit SI Bulletin—latest drafts and sifting committee reports, 11 December 2020.

Brexit transition guidance

Travelling between UK and EU—new Brexit transition guidance from European Commission

The European Commission has published new guidance on the withdrawal of the UK and EU rules in relation to travelling between the UK and the EU to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 70.

Northern Ireland and movement of goods—new Brexit transition guidance webpage

The government has published a fresh webpage collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include the movement of goods into, out of and through Northern Ireland, focusing on topics such as the regulation of goods, export and import of animals, food and drink, supplying medicines and healthcare, and trading considerations. The majority of the guidance within the new webpage is not new but has been collated by subject for ease of reference and bookmarking. Some of the guidance may change as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/12/2020 37.

New statement of changes in Immigration Rules—HC 1043

The government has issued a Statement of Changes in Immigration Rules HC 1043, together with an Explanatory Memorandum (EM). The changes broadly take effect at 11 pm on 31 December 2020 (IP completion day).

See: LNB News 10/12/2020 105.

Checks for EU sanctions on EEA teachers—further Brexit transition guidance from DfE

The Department for Education (DfE) has published updated guidance for schools on changes to checks for EU sanctions that they need to carry out on teachers coming from EEA nations, adding information about providing a letter of professional standing, in order to help stakeholders prepare for the end of the transition period. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/12/2020 129.

Food and drink labelling—updated Brexit transition guidance from Defra

The Department for Environment, Food & Rural Affairs (Defra) has published updated guidance on the trading and labelling of food products with organic logos to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 09/12/2020 42.

Importing and exporting live fish and shellfish—updated Brexit transition guidance from Defra

Defra, alongside the Centre for Environment, Fisheries and Aquaculture Science, has published updated guidance on importing and exporting live fish and shellfish from 1 January 2021 to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/12/2020 108.

Importing and exporting waste—updated Brexit transition guidance from Defra

Defra has published updated guidance on importing and exporting waste from 1 January 2021 to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/12/2020 123.

Food marketing standards—updated Brexit transition guidance from Defra

Defra has published updated guidance on food marketing standards to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 45.

Selling services to the EU and EFTA countries—updated Brexit transition guidance from DIT

The Department for International Trade (DIT) has published updated guidance on selling services to the EU and EFTA countries to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 09/12/2020 94.

M20 motorway management—updated Brexit transition guidance from DfT

The Department for Transport (DfT) has published updated guidance on Kent traffic management on the M20 motorway to Dover and the Eurotunnel to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 90.

UK nationals in Europe—updated Brexit transition guidance from FCO

The Foreign & Commonwealth Office (FCO) has published updated guidance on living in Europe to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 36.

Frontier work permits—new Brexit transition guidance from Home Office

The Home Office has published three pieces of guidance relating to the new frontier worker permit​, which EEA and Swiss citizens who meet the conditions for being a frontier worker before 31 December 2020 will be able to apply for.

See: LNB News 10/12/2020 32.

Betting and gaming duties—new Brexit transition guidance from HMRC

HM Revenue & Customs (HMRC) has published new guidance on the General Betting Duty, Pool Betting Duty and Remote Gaming Duty to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/12/2020 48.

CCAs and reporting information—new Brexit transition guidance from HMRC

HMRC has published new guidance on what information companies who possess climate change agreements (CCAs) and receive more than €500,000 a year in State aid need to report to HMRC, and why, in order to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/12/2020 59.

VAT on goods moving between GB and NI—new Brexit transition guidance HMRC

HMRC has published new guidance on how VAT will apply to goods moving between Great Britain (GB) and Northern Ireland (NI) to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 10/12/2020 79.

VAT-registered businesses in UK trading with the EU—new Brexit transition guidance from HMRC

HMRC has published a new letter to VAT-registered businesses about new trade arrangements with the EU from 1 January 2021 to help stakeholders prepare for the end of the transition period and beyond. Further letters may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 09/12/2020 40.

Accounting for VAT on services between UK and EU—new Brexit transition guidance HMRC

HMRC has published two additional VAT policy papers to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 08/12/2020 89.

Trading and moving goods in and out of Northern Ireland—new Brexit transition guidance from HMRC

HMRC has published new guidance on trading and moving goods in and out of Northern Ireland from 1 January 2021 to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 07/12/2020 87.

Moving goods through ports—new Brexit transition guidance from HMRC

HMRC has published new guidance on using the Goods Vehicle Movement Service to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 08/12/2020 30.

Moving goods using common and Union Transit—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on moving goods using common and Union Transit to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 08/12/2020 121.

Moving goods to common or EU countries—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on the preparation needed to move goods using common and Union Transit to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 08/12/2020 121.

Changes to legal rulings for the classification of goods from 1 January 2021—updated Brexit transition guidance from HMRC

HMRC has updated its guidance on what is needed when applying for an Advance Tariff Ruling and Binding Tariff Information decision from 1 January 2021. These rulings and decisions confirm which commodity code should be used for the correct classification of goods for customs purposes.

See: LNB News 09/12/2020 104.

VAT returns—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on VAT returns to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 07/12/2020 64.

Data protection—Brexit transition guidance webinar from ICO

The Information Commissioner’s Office (ICO) has published a recording and the slides of its webinar ‘Keep data flowing at the end of the UK’s transition out of the EU’, in order to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 07/12/2020 107.

Trade marks, designs and patents—new Brexit transition guidance from IPO

The Intellectual Property Office (IPO) has published new guidance on re-registered UK design and UK comparable trade marks and how its systems will be affected between 11 pm on 31 December 2020 and 1 pm on 4 January 2021 to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 28.

Intellectual Property—updated Brexit transition guidance from IPO

The IPO has published updated guidance on the Intellectual Property (IP) system to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 07/12/2020 74.

Enforcement of foreign judgments and choice of court clauses—new Brexit transition guidance from Law Society

The Law Society has published updated guidance on the enforcement of foreign judgments in civil and commercial matters and choice of court agreements to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 44.

Preparing local government—updated Brexit transition guidance from MHCLG

The Ministry of Housing, Communities & Local Government (MHCLG) has published updated guidance for local councils to help them prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 10/12/2020 69.

Register medical devices—new Brexit transition guidance from MHRA

The Medicines and Healthcare products Regulatory Agency (MHRA) has published new guidance on how to register medical devices with the MHRA for the markets in GB and Northern Ireland from 1 January 2021 to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 07/12/2020 90.

Applying to be a UK CAB—additional Brexit transition guidance from OPSS

The Office for Product Safety and Standards (OPSS) has published new guidance on applying to be a UK Conformity Assessment Body (CAB) for product safety and metrology to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/12/2020 24.

Designated standards—new Brexit transition guidance from OPSS

The OPSS has published new designated standards to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 03/12/2020 119.

Beyond Brexit

Beyond Brexit—UK-Canada trade continuity agreement signed

The UK and Canada signed a trade continuity agreement in Canada on 9 December 2020. The signed FTA will lock the benefits of the existing UK-Canada trading relationship (as contained in the EU-Canada Comprehensive Economic and Trade Agreement, which ceases to apply at the end of the Brexit transition period), worth £20bn. The agreement is an interim agreement while the UK and Canada negotiate a new ‘tailor-made’ trade deal in 2021.

See: LNB News 10/12/2020 78.

Beyond Brexit—UK-Norway-Iceland trade continuity agreement signed

The UK, Norway and Iceland signed a trade continuity agreement to lock in trade in goods in London on 8 December 2020. The agreement is an interim agreement while the UK and EEA-EFTA countries complete negotiations for a comprehensive FTA to come into force in 2021. The agreement allows British firms to continue to receive duty free access for all exports of industrial products and British consumers to continue to enjoy popular Icelandic and Norwegian products. Without the agreement, duties on UK imports from Iceland and Norway could have reportedly increased by approximately £65m under World Trade Organization (WTO) trading arrangements.

See: LNB News 08/12/2020 74.

Beyond Brexit—UK-Singapore trade continuity agreement signed

The UK and Singapore signed a trade continuity agreement and agreed to begin ‘scoping the modules’ for a Digital Economy Agreement (DEA) in Singapore on 10 December 2020. The signed FTA will lock in the benefits of the existing UK-Singapore trading relationship (as contained in the EU-Singapore FTA, which ceases to apply at the end of the Brexit transition period), worth £17.6bn in 2019. In addition, the government hopes the proposed DEA will enable the UK to become a ‘hub for digital trade with strong connections to Asia’.

See: LNB News 10/12/2020 68.

Beyond Brexit—UK-Viet Nam trade continuity agreement signed

The UK and Viet Nam signed a trade continuity agreement on 11 December 2020. The signed Free Trade Agreement (FTA) will lock the benefits of the existing UK-Viet Nam trading relationship (as contained in the EU-Viet Nam FTA, which ceases to apply at the end of the Brexit transition period), worth £5.2bn. The FTA is a key step towards the UK joining the Trans-Pacific Partnership, the prospect of which Viet Nam has ‘welcomed’.

See: LNB News 11/12/2020 49.

Beyond Brexit—new Services Mobility Agreement between UK and Switzerland reached

The Department for International Trade (DIT) has announced a new agreement with Switzerland which will allow UK service supplies to have effective access to the Swiss market. The UK-Switzerland Mobility Agreement, is intended to assist trade for vital industries for the UK’s economy—such as the tech sector and legal services. The agreement, combined with the existing UK-Switzerland trade deal, will contribute over £37bn worth of trade.

See: LNB News 04/12/2020 102.

Beyond Brexit—UK-Kenya Economic Partnership Agreement signed

The UK-Kenya Economic Partnership Agreement was concluded during a meeting in London between International Trade Minister, Ranil Jayawardena, and Kenya’s Cabinet Secretary for Trade, Betty Maina, on 8 December 2020. The agreement should ensure that companies operating in Kenya have duty-free access to the UK market. The agreement will apply from 1 January 2021.

See: LNB News 08/12/2020 64.

Beyond Brexit—UK-Egypt Association Agreement signed

The Foreign, Commonwealth & Development Office (FCDO) and DIT have announced that a UK-Egypt Association Agreement has been signed to strengthen the political and trade ties between the two countries. The agreement enables British businesses and consumers to benefit from ‘preferential access to the market after the end of the transition period’, which will support vital trade and investment. Additionally, the agreement provides a framework for co-operation and further development of political, economic, social and cultural ties. It has also been confirmed that the British Secretary of State for Foreign, Commonwealth and Development Affairs, Dominic Raab, and the Minister for Foreign Affairs for the Arab Republic of Egypt, Sameh Hassan Shoukry, have agreed the text of the UK-Egypt Association Agreement.

See: LNB News 07/12/2020 49.

Beyond Brexit—UK-North Macedonia Partnership, Trade and Cooperation Agreement signed

The FCDO and DIT have announced that a UK-North Macedonia Partnership, Trade and Cooperation Agreement has been signed. The agreement, which strengthens a trading relationship worth £1.8bn, secures continued preferential access and seeks to pave the way for increased trade in the future. This will enable British business to continue trading as normal after the end of the Brexit transition period, including retaining tariff-free trade of industrial products.

See: LNB News 03/12/2020 85.

Beyond Brexit—DIT publishes new UK tariff position with US

The DIT has set out the UK’s new independent approach from the EU on tariffs relating to steel, aluminium, and aerospace. International Trade Secretary, Liz Truss, has announced that the UK will be continuing the tariffs put in place in response to the section 232 tariffs imposed by the US to protect the UK’s steel industry post IP completion day. The government will also be stopping the tariffs put in place due to the Boeing dispute. DIT plans to launch a consultation to incorporate the UK’s interests into any future changes.

See: LNB News 09/12/2020 38.

Beyond Brexit—DIT publishes guide on how UK-Japan CEPA protects data

The DIT has published a guide explaining the provisions of the UK-Japan Comprehensive Economic Partnership Agreement (CEPA) relating to data protection. The guidance affirms that the UK-Japan CEPA does not undermine UK data protection laws and does not change existing onward transfer of personal data measures where data is sent from the UK to Japan.

See: LNB News 07/12/2020 56.

Beyond Brexit—HMRC issues guidance on preferential treatment under UK-Japan CEPA

HMRC has published a notice explaining how importers can claim preferential tariff treatments under the UK-Japan CEPA The guidance provides a non-exhaustive list of information the exporter/producer may need to provide to the importer. The guidance also states that, to obtain preferential treatment the importer must have ‘valid evidence’ that the product qualifies as originating and satisfies the requirements provided for in chapter three, and provides a brief overview of the use of article 3.16.2(b) as an alternative method of claiming preferential treatment.

See: LNB News 08/12/2020 10.

Beyond Brexit—MOJ publishes on-demand webinars for legal professionals

The Ministry of Justice (MoJ) has released recordings of webinars for legal professionals on the impact of the end of the transition period on registered European lawyers operating in England and Wales, changes to cross border family and children law cases and disputes, protecting intellectual property rights in the EU, and changes to rules regarding cross-border civil and commercial cases and disputes. A webinar on further substantive law issues resulting from the UK’s withdrawal from the EU is also available.

See: LNB News 08/12/2020 120.

Editor's picks—the practice area/sector view

This section contains key Brexit news hand-picked by Lexis®PSL lawyers from their own practice areas.

Commercial

DIT publishes new UK tariff position with US

The Department for International Trade (DIT) has set out the UK’s new independent approach from the EU on tariffs relating to steel, aluminium, and aerospace. International Trade Secretary, Liz Truss, has announced that the UK will be continuing the tariffs put in place in response to the section 232 tariffs imposed by the US to protect the UK’s steel industry past IP completion day. The government will also be stopping the tariffs put in place due to the Boeing dispute. DIT plans to launch a consultation to incorporate the UK’s interests into any future changes.

See: LNB News 09/12/2020 38.

For further updates from Commercial, see: Commercial weekly highlights—overview.

Corporate Crime

Food safety and hygiene after IP completion day

Fred Philpott, barrister at Gough Square Chambers, considers how food safety and hygiene laws will change after the end of the Brexit transition period.

See News Analysis: Food safety and hygiene after IP completion day.

For further updates from Corporate Crime, see: Corporate Crime weekly highlights—overview.

Dispute Resolution

Beyond Brexit—new savings provisions for serving documents out of the jurisdiction

On 9 December 2020, a new statutory instrument was published called The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020. Regulation 9(3) sets out savings provisions in relation to CPR 6.33(2) which will be welcomed by practitioners who have issued, or will be issuing, proceedings in the courts of England and Wales before 31 December 2020 at 11 pm but are unable to serve the claim form until after that date.

See News Analysis: Beyond Brexit—new savings provisions for serving documents out of the jurisdiction.

For further updates from Dispute Resolution, see: Dispute Resolution weekly highlights—overview.

Environment

Environment Agency seeks views on post Brexit emissions trading scheme

The Environment Agency has launched a consultation on proposed changes to the UK Emissions trading scheme (UK ETS) following IP completion day. The proposals in the consultation cover a charging scheme for duties the Environment Agency will undertake from 1 January 2021, to recover the cost of regulatory work to run a carbon pricing scheme to replace the EU Emissions Trading System. The consultation closes on 29 January 2021.

See: LNB News 08/12/2020 19.

EFRA Committee seeks views on Environmental Land Management scheme pilot

The Environment, Food and Rural Affairs (EFRA) Select Committee has launched an inquiry into Environmental Land Management and the agricultural transition, prior to the phasing out of ‘EU-style’ direct payments by 2027. The EFRA Committee will scrutinise the pilot of the new Environmental Land Management scheme prior to its launch in late 2021 and seek to determine how the government will provide adequate support to farmers and land managers during the transition to the new scheme. The EFRA Committee has launched a consultation on these matters, which will close on 29 January 2021.

See: LNB News 04/12/2020 41.

New Defra international fisheries management collection

Defra has put together a new collection of information on international fisheries management. The collection sets out the action the government is taking to manage shared fisheries and fisheries in international waters. The collection includes the governance framework and the outcomes of negotiations on total allowable catches.

See: LNB News 09/12/2020 74.

For further updates from Environment, see: Environment weekly highlights—overview.

Financial Services

EBA statement provides information for EU consumers on the end of the Brexit transition period

The European Banking Authority (EBA) published a statement on the end of the Brexit transition period for the benefit of consumers across the EU. It sets out information on UK firms ceasing or continuing to provide services in the EU; changes in cross-border payments; EU customers’ access to their UK bank accounts; and the information customers should expect to receive from affected firms.

See: LNB News 08/12/2020 86.

ESAs highlight upcoming changes to STS securitisation transactions at the end of the Brexit transition period

The Joint Committee of the European Supervisory Authorities (ESAs) issued a press release highlighting the impact of the change of status of ‘simple, transparent and standardised’ (STS) securitisation transactions after the end of the Brexit transition period on 31 December 2020. The ESAs advise investors to assess the impact of this change of status on their balance sheet and investments ahead of 31 December 2020.

See: LNB News 07/12/2020 75.

FCA explains process for adding a new sub-fund to an umbrella scheme that will be in the TMPR

The Financial Conduct Authority (FCA) published a webpage explaining its proposed process for adding a new sub-fund to an umbrella scheme that will be in the temporary marketing permissions regime (TMPR) established by the Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/325 (CIS Regulations).

See: LNB News 04/12/2020 83.

FCA’s latest Primary Market Bulletin provides onshored legislation update

The FCA published the 32nd edition of its Primary Market Bulletin, which contains a reminder for issuers, investors and other market participants of the changes that will take effect when post-Brexit onshored legislation enters into force. The issue also contains an update on the FCA’s work to implement some aspects of the onshored legislation.

See: LNB News 03/12/2020 106.

ISDA conference examines implications of the end of the Brexit transition period

The International Swaps and Derivatives Association (ISDA) published an issue of its ‘IQ In brief’, following a 2 December 2020 European public policy virtual conference exploring the implications of the forthcoming end of the Brexit transition period, central counterparty equivalence and the review of the EU Benchmarks Regulation (EU) 2016/1011.

See: LNB News 08/12/2020 107.

ECB regulation amending the MMSR Regulation in light of Brexit published in the OJ

Regulation (EU) 2020/2004 of the European Central Bank (ECB) of 26 November 2020, which amends Regulation (EU) 1333/2014 concerning statistics on the money markets (the Money Market Statistical Reporting (MMSR) Regulation), has been published in the Official Journal of the EU (OJ). The amending regulation seeks to ensure that the European System of Central Banks will continue to receive daily statistical information relating to money market instruments for UK-located branches of reporting agents after the Brexit implementation period ends on 31 December 2020.

See: LNB News 08/12/2020 25.

For further updates from Financial Services, see: Financial Services weekly highlights—overview.

Information Law

Post-Brexit data adequacy decision not guaranteed, ICO says

UK businesses should prepare for no data adequacy decision from the EU after Brexit and adopt alternative mechanisms for international data transfers, the Information Commissioner’s Office (ICO) said during a recent webinar.

See News Analysis: Post-Brexit data adequacy decision not guaranteed, ICO says.

For further updates from Information Law, see: Information Law weekly highlights—overview.

IP

IPR infringement—new Brexit transition guidance from HMRC

HMRC has published new guidance on protection against infringement of IP rights during import and export to help stakeholders prepare for a no-deal Brexit. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/12/2020 38.

For further updates from IP, see: IP weekly highlights—overview.

Practice Compliance

MoJ publishes on-demand webinars for legal professionals

The MoJ has released recordings of webinars for legal professionals on the end of the transition period on registered European lawyers operating in England and Wales, changes to cross-border family and children law cases and disputes, protecting intellectual property rights in the EU, and changes to rules regarding cross-border civil and commercial cases and disputes.

See: LNB News 08/12/2020 120.

For further updates from Practice Compliance, see: Practice Compliance weekly highlights—overview.

Public Law

Procurement Policy Note highlights key changes to the public procurement rules after Brexit transition

The Cabinet Office has issued a new Procurement Policy Note (PPN 10/20): Public Procurement after the Transition Period ends on 31 December 2020, to help contracting authorities prepare for changes taking effect at the end of the Brexit transition period. PPN 10/20 provides information on key changes to the public procurement rules from 11 pm on 31 December 2020 (IP completion day). The guidance also contains a set of frequently asked questions. Contracting authorities should be aware that the changes outlined in PPN 10/20 are applicable for new procurements from IP completion day. Existing rules and requirements will continue for procurements launched before IP completion day. For anyone tracking potential future divergence from the current procurement regime, the guidance notes that the government is considering further reforms, with more information expected to follow.

See: LNB News 10/12/2020 106.

For further updates from Public Law, see: Public Law weekly highlights—overview.

Tax

Government publishes Taxation (Post-Transition Period) Bill

The government published the Taxation (Post-transition Period) Bill 2020 (TPTPB 2020) on 8 December 2020, with the second reading and committee of the whole house sessions taking place on 9 December 2020. The majority of the provisions implement key aspects of the Northern Ireland Protocol in UK legislation, providing legal clarity for how customs, VAT, and excise duty will be dealt with after the end of the transition period. There are additional provisions dealing with insurance premium tax, the collection of unlawful State aid in relation to controlled foreign companies and aviation fuel duty rates. Explanatory notes and other supporting documents were also published alongside the Bill.

See News Analysis: Taxation (Post-Transition Period) Bill 2020—Tax analysis.

HMRC publishes new guidance on moving goods using transit

HMRC has published the following guidance to help stakeholders prepare for the end of the transition period:

● Planning your route before moving goods using transit

● Check how to move goods through ports that use the Goods Vehicle Movement Service

● Register for the Goods Vehicle Movement Service

Businesses will need to know what route their goods will be taking so that they can make the necessary transit declaration and let their haulier or carrier have the information required in order to move their goods compliantly. Businesses will need to plan the route their goods will take and choose the following:

● office of departure or authorised consignor where the transit movement will start

● offices of transit where the goods will enter into any other customs areas

● office of destination or authorised consignee where the goods will end their transit

HMRC has also published new guidance for traders, hauliers and carriers on how to move goods through ports that use the Goods Vehicle Movement Service.

See: Planning your route before moving goods using transit.

HMRC publishes new guidance on trading and moving goods between Northern Ireland and Great Britain

HMRC has published new guidance on how businesses should prepare for trading and moving goods between Northern Ireland and Great Britain from 1 January 2021. The guidance provides high level information on both customs and VAT processes. It highlights that there will be no changes in how ‘qualifying’ Northern Ireland goods move directly from Northern Ireland to Great Britain, but that there will be some changes for qualifying goods moved indirectly through Northern Ireland. Qualifying goods are those that are not under any customs procedures before they are moved from Northern Ireland to the rest of the UK. There are several references to guidance that has not yet been published, stating that it will be published ‘as soon as possible’.

See: Trading and moving goods in and out of Northern Ireland from 1 January 2021.

HMRC publishes new guidance on selling or moving goods between Northern Ireland and the EU

HMRC has published new guidance for VAT-registered businesses selling goods in Northern Ireland or moving goods between Northern Ireland and the EU from 1 January 2021.

The guidance explains that VAT-registered business should register with HMRC if any of the following apply to them:

● if their goods are located in Northern Ireland at the time of sale

● they receive goods in Northern Ireland from VAT-registered EU businesses for business purposes, or

● they sell or move goods from Northern Ireland to an EU Member State

Businesses who have informed HMRC of the above will be eligible to use VAT simplifications when they trade with the EU, their suppliers will able to zero rate goods that they dispatch to them from the EU and their trade with the EU will remain ‘acquisitions and dispatches’ when accounting for VAT.

See: Tell HMRC if you sell goods in Northern Ireland or move goods between Northern Ireland and the EU from 1 January 2021.

HMRC publishes new guidance on accounting for VAT on goods and services between the UK and EU from 1 January 2021

HMRC has published two additional VAT policy papers to help VAT-registered businesses prepare for the end of the transition period:

● Accounting for VAT on services between the UK and EU member states from 1 January 2021—this explains how VAT will be charged and accounted for on services supplied from the UK to the EU. The VAT rules applying for supplying services between the UK (ie including Northern Ireland) and EU Member States will be the same as the current rules for supplying services from the UK to outside the EU

● Goods moved between Great Britain and the EU from 1 January 2021—this explains how VAT will be charged and accounted for on movements of goods from Great Britain (ie excluding Northern Ireland) to the EU, and how businesses should account for VAT on goods they bring in from EU Member States. The VAT rules applying for supplying goods between the Great Britain and EU Member States will be the same as the current rules for supplying goods from the UK to outside the EU (with some exceptions). Transactions involving the movement of goods between Northern Ireland and the EU will be subject to the Northern Ireland protocol

See: Changes to accounting for VAT for Northern Ireland and Great Britain from 1 January 2021.

HMRC updates guidance on accounting for import VAT on VAT returns from 1 January 2021

HMRC has updated its guidance Complete your VAT Return to account for import VAT from 1 January 2021 with information on how businesses can make an estimate of import VAT due based on the amount paid for goods and any other costs such as packaging, transport and insurance. HMRC has also updated its guidance Check when you can account for import VAT on your VAT Return from 1 January 2021 with information for non-established taxable persons in the UK who need to get someone in the UK to complete their customs declaration.

See: Complete your VAT Return to account for import VAT from 1 January 2021 and Check when you can account for import VAT on your VAT Return from 1 January 2021.

Regulations made to amend travellers’ allowances

Regulations have been made that amend existing provisions relating to travellers’ allowances when bringing goods into Great Britain from EU Member States and taking goods out of Great Britain, which will become effective on 31 December 2020. When the transition period ends, travellers from the EU into Great Britain will no longer be able to bring in unlimited amounts of goods without payment of UK VAT and excise duty. All passengers entering Great Britain will be entitled to the same allowances whether they are arriving from the EU or the rest of the world. For passengers leaving Great Britain, the rules for duty free sales are extended to permit duty free sales to travellers departing Great Britain for EU countries. These amendments are only effective in respect of goods being brought into Great Britain from outside the UK. Specific rules in relation to travellers to and from Northern Ireland will be contained in a separate instrument.

See: The Travellers’ Allowances and Miscellaneous Provisions (EU Exit) Regulations 2020SI 2020/1412.

HMRC updates customs guidance on moving goods to the EU and common transit countries

HMRC has updated its guidance to explain what businesses need to do in preparation for moving goods using customs transit procedures that ease movement of goods between countries from 1 January 2021, including movements to, from, through or between all EU Member States, by:

● adding a new section ‘From 1 January 2021’ into its guidance Check if you can use transit to move goods to the EU and common transit countries, and

● adding information on what declarations businesses need to make and registrations they need to have from 1 January 2021 if their transit movement is starting in Great Britain and in Northern Ireland in its guidance Get your business ready to move goods to the common or EU countries

See: Get your business ready to move goods to the common or EU countries and Check if you can use transit to move goods to the EU and common transit countries.

For further updates from Tax, see: Tax weekly highlights—overview.

Brexit content and quick links

For further updates, this section contains quick links to popular trackers and practical guidance content on Brexit:

● Brexit toolkit—for ease of reference, this toolkit collates practical guidance on the specific legal and practical implications of Brexit across a range of practice areas. The Brexit toolkit brings all of the core content together for ease of reference, including the Brexit transition hub, and also provides essential background information, trackers and analysis on the process of withdrawing from the EU and negotiating new trade relationships with the EU and third countries

● Brexit timeline—this Practice Note tracks key events during the transition/implementation period, focussing in particular on negotiations between the UK and EU on the terms of their future relationship post-Brexit

● Brexit legislation tracker—this Practice Note tracks the progress of UK legislation introduced in connection with Brexit. It includes a Brexit SI database collating details of draft and enacted Brexit SIs, as well as draft Brexit SIs laid for sifting

● Brexit Bulletin—key updates, research tips and resources—this Brexit Bulletin provides a quick reference Brexit research aid and updating tool. It answers key questions on Brexit and includes helpful Brexit updates, research tips and resources

Latest Q&As

● How does a deal/no deal outcome at the end of the Brexit transition period impact the Northern Ireland Protocol?

● Can Institute of Chartered Accounts Scotland members continue or take new insolvency appointments in Ireland following the Brexit transition period?

● Even if a trade deal is reached, isn’t there a real likelihood that it will not cover cross-border insolvency issues? If so, will Brexit Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 still kick in on the IP completion day given the accompanying explanatory statement says it only applies in the event of no deal? Ie should the reference to ‘No deal’ in the explanatory statement be taken to mean ‘no trade deal’ or ‘no deal on insolvency matters?

LexTalk®Brexit: a Lexis®PSL community

Collaborate and network with a community of expert lawyers

LexTalk® is an online community forum which gives Lexis®PSL subscribers the opportunity to post questions, hold conversations, participate in discussions and share best practice. It has been designed to provide a secure place for legal professionals to discuss legal developments, offer and receive peer support, and gain a sense of up-to-date market practice and advances in real-time. You can access and post questions on all of the dedicated practice area forums, including a dedicated community for Lexis®PSL Brexit.

Click here to sign up and meet like-minded community members, create a profile, connect, share, and start participating today! Alternatively, you can access LexTalk® on the key resources tab on your Practice Area home page.

Useful information

The following recent journal articles are available subject to subscription:

● Better out than in?: In this article, as the government announces a review of human rights law, Alec Samuels makes the case for the UK to leave the European Convention on Human Rights. See: New Law Journal 170 NLJ 7914, p7

● Opinion: End of an era for the European project: Columnist: In this article, Joshua Rozenberg considers the impact of the end of the Brexit transition period on the UK, and people from the UK who have built their working lives around the European project. See: Law Society Gazette (2020) LS Gaz, 7 Dec 11

Please feel free to contact the Lexis®PSL team with your comments, queries or suggestions: Contact us.

We are also on Twitter—you can follow us: @LexisNexisUK.

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About the author:
Holly joined LexisNexis in July 2014 and works primarily on the PSL Public Law module. Holly read law at university and qualified as a solicitor in private practice. Before starting her legal career, she gained experience working in local government and spent a year studying politics. Prior to joining LexisNexis, Holly worked in the Global Technology and Sourcing team at BP, supporting a variety of global procurement and compliance projects. Upon joining LexisPSL, she worked in the Commercial and LexisAsk teams before assisting with the development and launch of the PSL Public Law module. Holly looks after a number of core public law subject areas, including Brexit.