Brexit highlights—24 December 2020

Brexit highlights—24 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 24 December 2020. Parliament rose for the Christmas recess on 17 December 2020 and is due to return on 5 January 2021, but with reports of a last-minute agreement on Christmas Eve, a recall of Parliament is anticipated to approve a deal with the EU. We are breaking for Christmas day, but will continue to keep you updated on key developments as matters unfold in the lead-up to IP completion day.

General Brexit headlines

This section contains key overarching Brexit news headlines.

Brexit Bulletin—UK and EU announce new Trade and Cooperation Agreement

On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU relationship. The new Trade and Cooperation Agreement includes terms on trade in goods and services, economic and social cooperation, law enforcement and security cooperation and governance. With just one week until the end of the Brexit transition period at 11pm on 31 December 2020 (IP completion day), the announcement of an agreement came at the eleventh hour, leaving little time to put in place the necessary legal and practical arrangements to make the deal fully operational on 1 January 2021. UK and EU leaders are expected to endorse the agreement, but the deal cannot be ratified without the approval of the UK and EU Parliaments—a process which takes time. Arrangements are being made to recall the UK Parliament before IP completion day, but parliamentarians will need time to review the detail of the agreed terms. The EU Parliament is not expected to reconvene until January, but the agreement may be applied on a provisional basis pending ratification in the new year. While the news of a deal, and the additional certainty it promises, is broadly welcomed, in the short term it introduces some additional uncertainty around final IP completion day preparations, and the legal and practical implications in various sectors and areas of practice. While stakeholders await the detail, they are urged to monitor the official guidance and continue preparations based on the information available, as many of the changes anticipated at the end of the transition period will occur in any event on 1 January 2021. Further analysis will follow in due course as the details of the deal are published. In the meantime, Fergus Randolph QC of Brick Court Chambers, Eric White, consultant at Herbert Smith Freehills, and Nick Wrightson, senior associate at Kingsley Napley, comment on the announcement and next steps.

See: LNB News 24/12/2020 76.

Brexit Bulletin—​​Specialised Committee on Citizens’ Rights second report on the implementation of residence rights published

The UK-EU Specialised Committee on Citizens’ Rights has published the second joint report updating on the implementation of the residence rights set out under Part 2 of the Withdrawal Agreement in the UK and EU Member States. The report sets out the residency systems in the UK and EU, providing a summary of each national system, with information on deadlines and the number of applications for a new residence status in each nation.

See: LNB News 21/12/2020 44.

Brexit Bulletin—Withdrawal Agreement Joint Committee document collection published

The Cabinet Office has published a document collection containing information relating to the activity of the Withdrawal Agreement Joint Committee. Documents in the collection include policy papers, decisions, details of meetings and announcements from the Joint Committee and the Specialised Committees which are responsible for overseeing UK and EU implementation, application and interpretation of the Withdrawal Agreement.

See: LNB News 22/12/2020 70.

Brexit Bulletin—UK common frameworks document collection published

The Cabinet Office has published a document collection containing publications relating to the UK common frameworks programme. Documents in the collection include the underlying frameworks analysis, quarterly reports and policy papers including details of the common frameworks published and presented to Parliament to date. The government confirmed earlier this year that the common frameworks project would not be completed before the end of the Brexit transition period, and would continue into 2021. Practitioners monitoring the development of common frameworks are advised to bookmark this page for updates.

See: LNB News 23/12/2020 8.

Brexit Bulletin—Committee on the Future Relationship with the European Union warns of challenging start to 2021

The Committee on the Future Relationship with the European Union has published a cross-party report assessing the UK’s preparedness for the end of the transition period. The report warns of a potentially challenging start to 2021 as businesses, traders and citizens adjust to life outside the EU Single Market and Customs Union.

See: LNB News 21/12/2020 133.

Challenges to the validity of retained EU law

In this analysis, Jack Williams of Monckton Chambers examines the rules concerning challenges to the validity of retained EU law, as set out in Schedule 1 to the European Union (Withdrawal) Act 2018 (EU(W)A 2018) and the Challenges to Validity of EU Instruments (EU Exit) Regulations, SI 2019/673 (as amended by the Challenges to Validity of EU Instruments (Amendment) (EU Exit) Regulations 2020, SI 2020/1503).

See News Analysis: Challenges to the validity of retained EU law.

Post-transition UK-EU trade in legal services

In this analysis, Jonathan Goldsmith, Law Society Council Member for EU matters, argues, from the point of view of the trade in legal services between the UK and the EU, that the post-Brexit deal or no-deal cliff-hanger does not make much difference.

See News Analysis: Post-transition UK-EU trade in legal services.

BSB Handbook to be updated following the end of Brexit transition period

The Bar Standards Board (BSB) will publish an updated version of the BSB Handbook at the end of the Brexit transition period when the UK leaves the EU. Registered European Lawyers who practice at the Bar of England and Wales, and European lawyers seeking to be admitted to the Bar will be affected by these changes. Barristers who are ‘habitually resident in an EU Member State’ may have their insurance arrangements affected by the end of the transition period and are advised to contact the BSB or Bar Mutual to discuss their situation in urgency. The new rules will come into effect from 11 pm on IP completion day.

See: LNB News 22/12/2020 125.

MPs warn about rise in food prices due to curbs on workers in food supply industry

A group of cross-party MPs have published a new report on the UK’s new immigration policy and the food supply chain. The report states that the government should prepare to replace its new immigration policy which restricts UK food suppliers from hiring workers from Europe, or it may trigger an inflation in food prices. At present, the majority of workers in UK food sectors are non-UK EEA nationals. The Environment, Food and Rural Affairs Committee (EFRA) recommends that the impact of the changes on food prices and imports should be monitored by the Department for Environment, Food & Rural Affairs (Defra) so that the government can adopt their policy in the event that it undermines British business’ competitiveness or food security in the UK.

See: LNB News 22/12/2020 94.

Brexit Bulletin—ESC reports on EU State aid rules and future cross-border police co-operation

The European Scrutiny Committee (ESC) has published its 33rd 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 evaluation of the EU State aid rulebook and its possible future implications for the UK after the Brexit transition period, privacy and electronic communications, EU regulation of crypto-assets and distributed ledger technology in financial services and cross-border police co-operation.

See: LNB News 18/12/2020 144.

Brexit Bulletin—ESC writes to Withdrawal Agreement Committee on scrutiny of its formal decisions

Chair of the ESC, Sir William Cash, has written to Chancellor of the Duchy of Lancaster, Michael Gove, regarding the fifth ordinary meeting of the Withdrawal Agreement Joint Committee on 17 December 2020. During the meeting a number of formal decisions were adopted by the Joint Committee which the ESC believes were not adequately scrutinised. Cash outlined that, despite assurances earlier in the year that the government would agree an approach to scrutiny that met the ESC's expectations, 'this simply has not happened'. The ESC has asked the Joint Committee to urgently respond to the questions annexed to the letter.

See: LNB News 18/12/2020 98.

Brexit Bulletin—Commons briefings examine preparations and implications at the end of the Brexit transition period

The House of Commons Library has published a series of updated briefings on changes taking effect in the UK at the end of the Brexit transition period at 11 pm on 31 December 2020 (IP completion day). The briefings highlight key changes, preparations and economic impacts in both a deal and no-deal scenario. The briefings also include analysis on the impact in various sectors of the UK economy, including trade, transport, fisheries and healthcare. Further briefings may be published in due course. With preparations for IP completion day running to the wire, parliamentarians have called for more analysis on the economic and practical impact of the end of the transition period in a number of areas. Parliament has risen for the Christmas recess, with the government planning to recall Parliament ‘as needed’ to finalise and legislate for any last-minute agreements before IP completion day.

See: LNB News 21/12/2020 50 and LNB News 23/12/2020 42.

Brexit Bulletin—Lords briefing examines HoL role in ratification of UK-EU deal

The House of Lords (HoL) Library has published a briefing on the role of the HoL in the ratification of a UK deal with the EU. The briefing also considers how the HoL could be recalled from the Christmas recess in the event of a deal in line with the Constitutional Reform and Governance Act 2010, and whether a ‘meaningful vote’ would be required.

See: LNB News 23/12/2020 50.

Brexit legislation updates

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

United Kingdom Internal Market Act 2020

This Act makes provision in connection with the internal market for goods and services in the UK (including provision about the recognition of professional and other qualifications) and the Northern Ireland Protocol to the Withdrawal Agreement relating to trade and State aid, and authorises the provision of financial assistance by Ministers of the Crown in connection with economic development, infrastructure, culture, sport and educational or training activities and exchanges. Furthermore, it makes regulations for the provision of distortive or harmful subsidies and reserved or excepted matter, and for connected purposes. It came into force partly on 17 December 2020, and comes into force fully on such day as the Secretary of State may by regulations made by statutory instrument appoint.

See: LNB News 21/12/2020 16.

Taxation (Post-transition Period) Act 2020

This Act makes provisions (including the imposition and regulation of new duties of customs) in connection with goods in Northern Ireland and their movement into or out of Northern Ireland and in connection with the recovery of unlawful State aid in relation to controlled foreign companies. It also amends certain enactments relating to value added tax (VAT), excise duty or insurance premium tax. It came into force partly on 17 December 2020, comes into force partly on 1 January 2021, and fully on such day as the Treasury may by Regulations made by statutory instrument appoint.

See: LNB News 22/12/2020 32.

Brexit Bulletin—SLSC publishes report on session 2019–2021

The UK Parliament’s Secondary Legislation Scrutiny Committee (SLSC) has published an interim report on its work between 2019 and 2021. The report covers the 901 statutory instruments (SIs) scrutinised by the SLSC—of these, 308 (34.2%) were affirmative and 593 (65.8%) were negative. In October 2020, the average number of affirmative SIs rose to nearly 50% due to the need for legislation in the second wave of coronavirus (COVID-19) and the draft affirmatives required to update the statute book to prepare for the end of the Brexit transition period.

See: LNB News 22/12/2020 77.

Brexit Bulletin—Committee calls for improvements and updates on common frameworks project

The House of Lords Common Frameworks Scrutiny Committee has published correspondence from its Chair, Baroness Andrews, to Chloe Smith, Minister for the Constitution and Devolution, providing the committee's views of the strengths and weaknesses of the common frameworks programme, based on evidence and scrutiny to date. The committee has called for more progress in the delivery of common frameworks, and improvements in the process to allow better parliamentary scrutiny. Noting the detrimental impact of the United Kingdom Internal Market Bill (now the United Kingdom Internal Market Act 2020) on the common frameworks project, the committee warns of a lack of understanding of that legislation and its impact, undercutting the frameworks process and undermining the ability of the frameworks to achieve their purpose. This has created uncertainty and disagreement over the operation of the frameworks in some cases, with many frameworks requiring review in light of the legislation. The committee also notes that the project is behind schedule, calling for an update by the end of the year.

See: LNB News 18/12/2020 122.

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

European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020 (Commencement, Transitional and Savings Provisions) Regulations 2020

SI 2020/1622: This enactment is made in exercise of legislative powers under European Union (Withdrawal) Act 2018 (EU(W)A 2018) and the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) in preparation for IP completion day. This enactment brings into force provisions of EU(W)A 2018 and the EU(WA)A 2020, partly on 31 December 2020, and partly on IP completion day.

See: LNB News 23/12/2020 3.

Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020

SI 2020/1574: This enactment is made in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation in relation to jurisdiction, judgments and applicable law in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law arising from the withdrawal of the UK from the EU, and to make provisions in relation to the withdrawal agreement. It came into force on 17 December 2020. (Updated from draft on 18 December 2020.)

See: LNB News 13/10/2020 67.

Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020

SI 2020/1520: This enactment is made in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation and one piece of UK secondary legislation in relation to criminal law. It comes into force on IP completion day. (Updated from draft on 17 December 2020.)

See: LNB News 15/10/2020 70.

Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2020

SI 2020/1586: This enactment is made in exercise of legislative powers under EU(W)A 2018 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 data 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 came into force partly on 18 December 2020, and comes into force fully immediately before IP completion day. (Updated from draft on 18 December 2020.)

See: LNB News 15/10/2020 49.

Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020

SI 2020/1536: This enactment is made in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation and one piece of UK secondary legislation in relation to audiovisual media services 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 partly comes into force immediately before IP completion day, and fully on IP completion day. (Updated from draft on 18 December 2020.)

See: LNB News 16/10/2020 1.

Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020

SI 2020/1593: These enactment is made in exercise of legislative powers conferred by EU(W)A 2018, ss 8(1) and 23(1) and EU(W)A 2018, Sch 7, para 21 and section 41(1) of the EU(WA)A 2020. This enactment amends two pieces of secondary legislation and two pieces of retained EU law relating to unmanned aircraft to address deficiencies arising as a result of the UK's exit from the EU. These Regulations come into force in part immediately before IP completion day, and in full on IP completion day.

See: LNB News 21/12/2020 155.

Operation of Air Services (Amendment) (EU Exit) Regulations 2020

SI 2020/1632: 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 civil aviation 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 24/12/2020 11.

Prohibition on Quantitative Restrictions (EU Exit) Regulations 2020

SI 2020/1625: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment ends the application of the rights flowing from the EU Treaty provisions which prohibit the imposition of quantitative restrictions and equivalent measures on imports or exports within the EU after the end of the transition period. It comes into force on IP completion day. (Updated from draft on 24 December 2020.)

See: LNB News 10/11/2020 2.

Excise Duties (Appointed Day) (EU Exit) Regulations 2020

SI 2020/1640: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment brings into force certain provisions of five pieces of UK secondary legislation in relation to excise duties on IP completion day.

See: LNB News 24/12/2020 10.

Customs (Modification and Amendment) (EU Exit) Regulations 2020

SI 2020/1629: This enactment is made in exercise of legislative powers under the Finance Act 2003, the Taxation (Cross-border Trade) Act 2018, and the Taxation (Post-transition Period) Act 2020 in preparation for IP completion day. This enactment amends six pieces of UK secondary legislation in relation to customs. It comes into force partly on 23 December 2020, and fully on IP completion day.

See: LNB News 24/12/2020 9.

Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020

SI 2020/1457: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment gives effect to the preferential import duty rates, including related Rules of Origin requirements (RoO), in trade arrangements that the UK has entered into with partner countries. Trade arrangements include Free Trade Agreements (FTAs) and other preferential trade agreements. Therefore, these regulations ensure that the UK’s obligations under trade arrangements are given effect, so that goods imported as part of a trade arrangement can access the agreed preferential import duty terms if they qualify to do so. It comes into force on the appointed day.

See: LNB News 18/12/2020 3.

Customs (Northern Ireland) (EU Exit) Regulations 2020

SI 2020/1605: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation in relation to customs. It comes into force on such day as the Treasury may by Regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.

See: LNB News 22/12/2020 24.

Customs Safety and Security Procedures (EU Exit) Regulations 2020

SI 2020/1613: 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 customs 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 21 December 2020.)

See: LNB News 24/11/2020 15.

Customs Miscellaneous Non-fiscal Provisions and Amendments etc (EU Exit) Regulations 2020

SI 2020/1624: 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 customs 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.

See: LNB News 23/12/2020 31.

Value Added Tax (Northern Ireland) (EU Exit) Regulations 2020

SI 2020/1546: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment makes provisions appropriate in consequence of, or otherwise in connection with, the withdrawal of the UK from the EU. Specifically, they relate to the Protocol on Northern Ireland agreed between the EU and the UK as part of the Withdrawal Agreement (the Protocol). It comes into force on such day or days as the Treasury may by Regulations made under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.

See: LNB News 22/12/2020 16.

Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020

SI 2020/1545: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment amends 20 pieces of UK secondary legislation, and revokes two pieces of UK secondary legislation in relation to value added tax (VAT). It comes into force on such day as the Treasury may by Regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.

See: LNB News 22/12/2020 10.

Value Added Tax (Miscellaneous Amendments to the Value Added Tax Act 1994 and Revocation) (EU Exit) Regulations 2020

SI 2020/1544: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation, and revokes one piece of UK secondary legislation in relation to value added tax (VAT), which relate to the Protocol on Northern Ireland agreed between the EU and the UK as part of the Withdrawal Agreement (the Protocol). It comes into force on such day or days as the Treasury may by regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.

See: LNB News 21/12/2020 25.

Taxation Cross-border Trade (Special Procedures Supplementary and General Provision etc) (EU Exit) Regulations 2020

SI 2020/1439: These Regulations are made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. These Regulations make provision for a comprehensive customs regime in place at the end of the transition period. These Regulations come into force in part in part on the day after the day on which these Regulations are made, in part on 31 December 2020 and fully on such day as the Treasury may by regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.

See: LNB News 17/12/2020 196.

World Trade Organisation Agreement on Agriculture (Domestic Support) Regulations 2020

SI 2020/1578: This enactment is made in exercise of legislative powers under the Agriculture Act 2020 in preparation for IP completion day. This enactment ensures continued compliance by the UK with its obligations under the World Trade Organisation (WTO) Agreement on Agriculture (AoA) in relation to classification and notification of domestic support, and its commitment to reduce its Aggregate Measurement of Support (AMS). It came into force on 17 December 2020. (Updated from draft on 22 December 2020.)

See: LNB News 27/11/2020 4.

Common Fisheries Policy (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1542: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the EU(WA)A 2020 in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation, four pieces of retained direct EU legislation, and revokes 23 pieces of retained direct EU legislation in relation to common fisheries policy 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 21/12/2020 12.

Common Fisheries Policy (Amendment etc) (EU Exit) (No 2) Regulations 2020

SI 2020/1599: 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 EU legislation in relation to common fisheries policy 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 22 December 2020).

See: LNB News 27/10/2020 33.

Animal Welfare and Invasive Non-native Species (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1590: 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 seven pieces of UK secondary legislation in relation to animal welfare, invasive and non-invasive species in order to address failures of retained EU law to operate effectively and other deficiencies. It comes into force partly immediately before IP completion day, and fully onIP completion day. (Updated from draft on 21 December 2020.)

See: LNB News 29/10/2020 58.

Official Controls (Animals, Feed and Food, Plant Health etc) (Amendment) (EU Exit) (No 2) Regulations 2020

SI 2020/1631: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends existing retained legislation in relation to official controls on imports to Great Britain of animals and animal products, plants and plant 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 in part immediately before IP completion day and in full on IP completion day.

See: LNB News 23/12/2020 67.

REACH etc (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1577: 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 in relation to REACH 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 18 December 2020, and comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 18 December 2020).

See: LNB News 27/10/2020 21.

Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020

SI 2020/1567: This enactment is made in exercise of legislative powers conferred under the EU(W)A 2018 and the EU(WA)A 2020. This enactment amends one piece of UK secondary legislation to ensure that UK chemicals and GMO legislation will continue to operate effectively in conjunction with the Withdrawal Agreement at the end of the transition period. It comes into force immediately before IP completion day. (Updated from draft on 21 December 2020).

See: LNB News 21/12/2020 153.

Waste and Environmental Permitting etc (Legislative Functions and Amendment etc) (EU Exit) Regulations 2020

SI 2020/1540: 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 primary legislation, eight pieces of UK secondary legislation, two pieces of retained EU legislation, and revokes 14 pieces of retained EU legislation in relation to waste and environmental permitting, and in a few cases to other aspects of the environment 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 the coming into force of the Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019, and immediately before IP completion day, and fully on IP completion day. (Updated from draft on 18 December 2020.)

See: LNB News 27/10/2020 62.

Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1616: 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 ozone-depleting substances and fluorinated greenhouse gases 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. (Updated from draft on 23 December 2020.)

See: LNB News 04/11/2020 4.

Detergents (Amendment) (EU Exit) Regulations 2020

SI 2020/1617: 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 detergents 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 23 December 2020.)

See: LNB News 29/10/2020 9.

Control of Mercury (Amendment) (EU Exit) Regulations 2020

SI 2020/1620: 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, and revoke one piece of UK secondary legislation in relation to regulation of mercury 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 23 December 2020.)

See: LNB News 29/10/2020 12.

Food and Drink (Amendment) (EU Exit) Regulations 2020

SI 2020/1627: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends retained direct EU legislation in relation to food information rules and wine 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 later of IP completion day or the 21st day after the day on which these Regulations are laid.

See: LNB News 23/12/2020 72.

Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020

SI 2020/1636: This enactment is made in exercise of legislative powers under the ECA 1972 and the Direct Payments to Farmers (Legislative Continuity) Act 2020 in preparation for IP completion day. This enactment amends three pieces of UK secondary legislation in relation to spirit drinks, wine and EU Withdrawal. It comes into force partly on 30 December 2020, and fully immediately before IP completion day.

See: LNB News 24/12/2020 6.

Sea Fishing (Penalty Notices and Designation) (England) (Amendment) (EU Exit) Order 2020

SI 2020/1635: This enactment is made in exercise of legislative powers under the section 294(1) of the Marine and Coastal Access Act 2009 and the Natural Environment and Rural Communities Act 2006 in preparation for IP completion day. This enactment amends one piece of UK primary legislation and one piece of UK secondary legislation in relation to sea fishing. It comes into force partly on IP completion day, and fully on 20 January 2021.

See: LNB News 24/12/2020 12.

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

SI 2020/1607: This enactment is made in exercise of legislative powers under the National Health Service (Wales) Act 2006 in preparation for IP completion day. This enactment amends one piece of Welsh secondary legislation, and revokes one piece of Welsh secondary legislation in relation to national health service (NHS). It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 22/12/2020 40.

Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2020

SI 2020/1626: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the EU(WA)A 2020 in preparation for IP completion day. This enactment amends one piece of Welsh Regulation in relation to regulation and inspection of social care qualifications in Wales 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 23/12/2020 110.

Trade in Animals and Related Products (Wales) (Amendment) (EU Exit) Regulations 2020

SI 2020/1612: 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 Welsh secondary legislation in relation to trade in animals and related 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.

See: LNB News 22/12/2020 58.

Plant Health (Amendment etc) (Wales) (EU Exit) Regulations 2020

SI 2020/1628: 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 and revokes one piece 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 in part immediately before IP completion day and in full on IP completion day.

See: LNB News 23/12/2020 78.

Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2020

SI 2020/1573: 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 Welsh secondary legislation in relation to the marketing of seeds and plant 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 on 30 December 2020, and fully immediately before IP completion day.

See: LNB News 22/12/2020 61.

Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020

SI 2020/1581: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends 14 pieces of Welsh secondary legislation in relation to food and feed hygiene and safety 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 18/12/2020 102.

Public Procurement etc (EU Exit) (Scotland) (Amendment) Regulations 2020

SSI 2020/468: 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 amends one piece of Scottish primary legislation, six pieces of Scottish secondary legislation, one piece of retained direct EU legislation, and to revoke three pieces of Scottish secondary legislation in relation to public procurement 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, partly on IP completion day, and fully 12 months after IP completion day. (Updated from draft on 23 December 2020.)

See: LNB News 20/11/2020 1.

Civil and Family Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020

SSI 2020/441: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the EU(WA)A 2020 in preparation for IP completion day. This enactment amends five pieces of Scottish primary legislation, and five pieces of Scottish secondary legislation, and revokes two pieces of Scottish secondary legislation in relation to civil and family justice to address failures of retained EU law to operate effectively and other deficiencies in retained EU law 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 18 December 2020.)

See: LNB News 30/10/2020 27.

Common Agricultural Policy (Less Favoured Area Support) (EU Exit) (Scotland) Amendment Regulations 2020

SSI 2020/456: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation and one piece EU retained legislation in relation to common agricultural policy to provide the basis for the continuation of the Less Favoured Area Support Scheme (LFASS) from 2021 by amending retained EU law, and to correct a deficiency in that law. It comes into force partly immediately before IP completion day and fully on 1 January 2021. (Updated from draft on 22 December 2020)

See: LNB News 20/11/2020 3.

Plant Health (EU Exit) (Scotland) (Amendment etc) Regulations 2020

SSI 2020/466: 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 amends seven pieces of Scottish secondary legislation and to revoke one piece of Scottish secondary legislation in relation to plant health. It comes into force partly on 31 December 2020, partly immediately before IP completion day, and fully IP completion day. (Updated from draft on 23 December 2020.)

See: LNB News 12/11/2020 45.

Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020

SSI 2020/455: 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 amends four pieces of UK secondary legislation and one piece of retained direct EU legislation in relation to animals, food and feed 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 29 December 2020, partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 22/12/2020 35.

Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020

SSI 2020/458: 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 Scottish secondary legislation in relation to trade in animals and related 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 or to implement the Protocol on Northern Ireland in the Withdrawal Agreement. It comes into force partly immediately before IP completion day, and fully on IP completion day. (Updated from draft on 22 December 2020.)

See: LNB News 25/11/2020 11.

Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

SSI 2020/445: This enactment is made in exercise of legislative powers under the EU(W)A 2018 and the ECA 1972. The purpose of these regulations is to address failures of retained EU law to operate effectively and other deficiencies arising from Brexit. This enactment amends 11 pieces of secondary legislation. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 21/12/2020 160.

Alien and Locally Absent Species (Aquaculture) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/333: 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 Northern Ireland secondary legislation in relation to aquaculture to ensure that Northern Ireland subordinate legislation relating to alien and locally absent species in aquaculture can continue to operate effectively after the EU exit transition period. It comes into force on IP completion day. (Updated from draft on 22 December 2020).

See: LNB News 24/11/2020 30.

Marketing of Plant and Propagating Material (Legislative Functions) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/339: 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 retained direct EU legislation in relation to the marketing of 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 on IP completion day. (Updated from draft on 22 December 2020)

See: LNB News 24/11/2020 27.

Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/330: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends 11 pieces of Northern Ireland secondary legislation, and revokes one piece of Northern Ireland secondary legislation in relation to health and safety 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 22/12/2020 64.

Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

SR 2020/340: 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 Northern Ireland secondary legislation in relation to carriage of explosives 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 22 December 2020)

See: LNB News 02/12/2020 64.

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

SI 2020/1619: This enactment is made in exercise of legislative powers under the Taxation (Cross-border Trade) Act 2018 in preparation for IP completion day. This enactment amends two pieces of UK secondary legislation in relation to travellers’ allowances for travellers bringing excise goods into Northern Ireland which are necessitated by the withdrawal of the UK from the EU and the provisions of the Northern Ireland Protocol to the Withdrawal Agreement. It comes into force on IP completion day.

See: LNB News 23/12/2020 27.

Regulation (EC) No 1370/2007 (Public Service Obligations in Transport) (Amendment) (EU Exit) (Northern Ireland) (Revocation) Regulations 2020

SR 2020/338: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment revokes one piece of Northern Ireland secondary legislation in relation to public service obligations in transport. It comes into force immediately before IP completion day.

See: LNB News 22/12/2020 74.

United Nations Sanctions (Revocations) Order 2020

SI 2020/1585: This enactment is made in exercise of legislative powers under the United Nations Act 1946 in preparation for IP completion day. This enactment revokes 54 pieces of UK secondary legislation in relation to sanctions. It comes into force partly on IP completion day, fully on the later of the day following the day on which it is registered by the Royal Court of Jersey or on IP completion day.

See: LNB News 24/12/2020 1.

Misappropriation (Sanctions) (Overseas Territories) Order 2020

SI 2020/1575: Provisions are made to extend with modifications the Misappropriation (Sanctions) (EU Exit) Regulations 2020, SI 2020/1468, as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements) in England, Northern Ireland, Scotland and Wales. This Order comes into force on IP completion day.

See: LNB News 18/12/2020 40.

Counter-Terrorism (Sanctions) (Overseas Territories) Order 2020

SI 2020/1564: Provisions re made to extend with modifications the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019, SI 2019/577, as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements) in England, Northern Ireland, Scotland and Wales. This Order comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020, SI 2020/591, and the Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020, SI 2020/1289, come into force in the UK.

See: LNB News 18/12/2020 117.

Counter-Terrorism (International Sanctions) (Overseas Territories) Order 2020

SI 2020/1588: Provisions are made to extend with modifications the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements) in England, Northern Ireland, Scotland and Wales. This Order comes into force immediately after the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020, SI 2020/591, the Sanctions (EU Exit) (Miscellaneous Amendments) (No 3) Regulations 2020, SI 2020/950 and the Sanctions (EU Exit) (Consequential Provisions) (Amendment) Regulations 2020, SI 2020/1289, come into force in the UK.

See: LNB News 18/12/2020 121.

Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2020

SI 2020/1561: This enactment is made in exercise of legislative powers under the United Nations Act 1946 and the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation, and revokes one piece of UK secondary legislation in relation to sanctions. It comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No 3) Regulations 2020 come into force in the UK.

See: LNB News 23/12/2020 62.

Iran (Sanctions) (Human Rights) (Overseas Territories) Order 2020

SI 2020/1598: Provisions are made to extend with modifications the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements) provide that a person designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of SI 2020/1598. Designated persons may be excluded from an overseas territory and may be made subject to financial sanctions, including having their funds or economic resources frozen in England, Northern Ireland, Scotland and Wales. This Order comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 come into force in the UK.

See: LNB News 23/12/2020 17.

Mali (Sanctions) (Overseas Territories) Order 2020

SI 2020/1591: This enactment is made in exercise of legislative powers under the United Nations Act 1946 and the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation, and revokes one piece of UK secondary legislation in relation to sanctions. It comes into force immediately after the Sanctions (EU Exit) (Miscellaneous Amendments) (No 5) Regulations 2020 come into force in the UK.

See: LNB News 23/12/2020 38.

Republic of Guinea-Bissau (Sanctions) (Overseas Territories) Order 2020

SI 2020/1587: This enactment is made in exercise of legislative powers under the United Nations Act 1946 and the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation, and revokes one piece of UK secondary legislation in relation to sanctions. It comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No 2) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No 4) Regulations 2020 come into force in the UK.

See: LNB News 23/12/2020 55.

Russia (Sanctions) (Overseas Territories) Order 2020

SI 2020/1571: Provisions are made to extend with modifications the Russia (Sanctions) (EU Exit) Regulations 2019 as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements) in England, Northern Ireland, Scotland and Wales. This Order comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 come into force in the UK.

See: LNB News 22/12/2020 9.

Sudan (Sanctions) (Overseas Territories) Order 2020

SI 2020/1592: This enactment is made in exercise of legislative powers under the United Nations Act 1946 and the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation, and revokes one piece of UK secondary legislation in relation to sanctions. It comes into force on IP completion day.

See: LNB News 23/12/2020 36.

Syria (Sanctions) (Overseas Territories) Order 2020

SI 2020/1580: Provisions are made to extend with modifications the Syria (Sanctions) (EU Exit) Regulations 2019 as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). This Order comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 4) Regulations 2020 come into force in the UK.

See: LNB News 22/12/2020 1.

Yemen (Sanctions) (Overseas Territories) Order 2020

SI 2020/1589: This enactment is made in exercise of legislative powers under the United Nations Act 1946 and the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation, and revokes one piece of UK secondary legislation in relation to sanctions. It comes into force immediately after IP completion day.

See: LNB News 23/12/2020 51.

Iran (Sanctions) (Nuclear) (Overseas Territories) Order 2020

SI 2020/1563: Provisions are made to extend with modifications the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019, SI 2019/461 as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements) and provide that a person named by the UN or designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of this Order. This Order comes into force immediately after both the Sanctions (EU Exit) (Miscellaneous Amendments) Regulations 2020 and the Sanctions (EU Exit) (Miscellaneous Amendments) (No. 3) Regulations 2020 come into force in the UK.

See: LNB News 23/12/2020 12.

Immigration (EU Withdrawal) (Jersey) Order 2020

SI 2020/1566: This enactment is made in exercise of legislative powers under the Immigration Act 1971, the Immigration Act 1988 and the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 in preparation for IP completion day. This enactment amends one piece of UK secondary legislation in relation to immigration. It comes into force on such day as the Minister may by Order appoint, and different days may be appointed for different provisions and for different purposes.

See: LNB News 18/12/2020 62.

Immigration (Isle of Man) (Amendment) (No 3) Order 2020

SI 2020/1576: Provisions are made to amend the Immigration (Isle of Man) Order 2008, SI 2008/680, so as to extend certain provisions of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 to the Isle of Man to reflect the withdrawal of the UK from the EU, principally ending rights to free movement of persons under retained EU law and for connected purposes in England, Northern Ireland, Scotland and Wales. This Order comes into force on such day or days as the Minister may by order appoint.

See: LNB News 18/12/2020 45.

Social Security (Switzerland) (Citizens’ Rights Agreement) (Revocation) Order 2020

SI 2020/1570: Provisions are made to revoke the Social Security (Switzerland) (Citizens’ Rights Agreement) Order 2019, which modified certain social security legislation so as to give effect to the Agreement between the UK and the Swiss Confederation on Citizens’ Rights (Switzerland Citizens’ Rights Agreement) following the withdrawal of the UK from the EU and the Free Movement of Persons Agreement. The Switzerland Citizens’ Rights Agreement has now been incorporated into the EU(W)A 2018. This Order came into force on 17 December 2020.

See: LNB News 23/12/2020 5.

Social Security (Iceland, Liechtenstein and Norway) (Citizens’ Rights Agreement) (Revocation) Order 2020

SI 2020/1569: Provisions are made to revoke the Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order 2019, which modified certain social security legislation so as to give effect to the Agreement between the UK and Iceland, the Principality of Liechtenstein and the Kingdom of Norway (EEA Citizens’ Rights Agreement). The EEA Citizens’ Rights Agreement has now been incorporated into the EU(W)A 2018. This Order came into force on 17 December 2020.

See: LNB News 23/12/2020 6.

Social Security (Switzerland) (Citizens’ Rights Agreement) (Revocation) Order (Northern Ireland) 2020

SR 2020/348: Provisions of the Social Security (Switzerland) (Citizens’ Rights Agreement) Order (Northern Ireland) 2019 are made to make modification of certain social security legislation so as to give effect to the Agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Citizens’ Rights (‘the Switzerland Citizens’ Rights Agreement’) following the withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement, signed at Bern on 25 February 2019 in Northern Ireland. This Order came into force on 19 December 2020.

See: LNB News 23/12/2020 60.

Social Security (Iceland, Liechtenstein and Norway) (Citizens’ Rights Agreement) (Revocation) Order (Northern Ireland) 2020

SR 2020/347: Provisions of the Social Security (Iceland) (Liechtenstein) (Norway) (Citizens’ Rights Agreement) Order (Northern Ireland) 2019 are made to make modification of certain social security legislation so as to give effect to the Agreement between the United Kingdom of Great Britain and Northern Ireland and Iceland, the Principality of Liechtenstein and the Kingdom of Norway signed at London on 2 April 2019. That Agreement was superseded by a further agreement (‘the EEA Citizens’ Rights Agreement’) between those countries which was signed at London on 25 January 2020 in Northern Ireland. This Order came into force on 19 December 2020.

See: LNB News 23/12/2020 66.

Competition Act 1998 (Groceries) (Public Policy Exclusion) Order 2020

SI 2020/1568: Provisions are made to exclude from the application of the prohibition contained in Chapter 1 of the Competition Act 1998 (CA 1998) certain agreements between suppliers of groceries. The order is made as a contingency measure to protect the security of supply of grocery products to consumers in the United Kingdom in the event that there is disruption to the UK’s grocery supply chain in England, Northern Ireland, Scotland and Wales. This Order comes into force on 11 January 2021.

See: LNB News 22/12/2020 52.

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020

SSI 2020/440: Provisions are made to amend the Rules of the Court of Session 1994 (the RCS) to implement the Convention on Choice of Court Agreements (the Convention), which was concluded at The Hague on 30 June 2005. The Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986, and the Act of Sederunt (Fatal Accident Inquiry Rules) 2017 are also amended. This Act of Sederunt comes into force on IP completion day.

See: LNB News 21/12/2020 9.

Brexit transition guidance

Business continuity checklist—new Brexit transition guidance from ACE

The Association for Consultancy and Engineering (ACE) has published a checklist on business continuity preparations 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 17/12/2020 199.

CAP and BCAP Code rules—new Brexit transition guidance from ASA

The Advertising Standards Authority (ASA) has published new guidance on the CAP and BCAP Codes, 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 22/12/2020 100.

Trading electricity—further Brexit transition guidance from BEIS

The Department for Business, Energy & Industrial Strategy (BEIS) has published updated guidance on trading electricity to help stakeholders prepare for the end of the transition period. Further new and updated guidance may be issued depending on the precise terms upon which the UK leaves the EU, so stakeholders are advised to monitor these pages for updates.

See: LNB News 22/12/2020 118.

Domestic environmental permits for radioactive waste disposal—revised Brexit transition guidance from BEIS

BEIS has published revised guidance on domestic environmental permits for disposing of radioactive waste 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 21/12/2020 112.

Hallmarking requirements—updated Brexit transition guidance from British Hallmarking Council

The British Hallmarking Council has published updated guidance on hallmarking requirements 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 24/12/2020 19.

Construction business readiness—new Brexit transition guidance from CLC

The Construction Leadership Council (CLC) has published new guidance on key changes that UK construction businesses will face, 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 18/12/2020 26.

Agri-food and environmental matters—new Brexit transition guidance from Defra

The Department for Environment, Food & Rural Affairs (Defra) has published new guidance on agri-food and environmental matters 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 24/12/2020 17.

GB–NI authorised trader self-identification—new Brexit transition guidance from Defra

The Department for Environment, Food and Rural Affairs (Defra) has published new guidance on GB–NI authorised trader self-identification 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 22/12/2020 85.

Food and farming standards—new Brexit transition guidance from Defra

Defra has published new guidance on maintaining food production, farming and pest and disease prevention standards in the UK 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 22/12/2020 131.

Landbridge transits through Great Britain—new Brexit transition guidance from Defra

Defra has published new guidance for animals or animal products transiting through Great Britain from 1 January 2021, also known as ‘landbridge’ movements. 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 18/12/2020 153.

Marketing standards—updated Brexit transition guidance from Defra

Defra has published updated guidance on marketing standards 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 21/12/2020 101.

Driving in the EU—updated Brexit transition guidance from DfT

The Department for Transport (DfT), the Driver and Vehicle Standards Agency (DVSA) and the Driver and Vehicle Licensing Agency (DVLA) have published updated guidance on driving in the EU 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 21/12/2020 106.

Trading and investing abroad—new Brexit transition digital service from DIT

The Department for International Trade (DIT) has launched the Check for barriers to trading and investing abroad digital service for UK-based businesses 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 22/12/2020 89.

Exporting controlled goods—updated Brexit transition guidance from DIT

The DIT and Export Control Joint Unit have published updated guidance on exporting controlled goods 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 21/12/2020 99.

Healthcare for overseas visitors and EU citizens in the UK—new Brexit transition guidance from DHSC

The Department of Health and Social Care (DHSC) has published new guidance on healthcare for visitors to the UK from the EU and EU citizens living in/moving to the UK 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 18/12/2020 35.

Vitamins, minerals and health claims in GB—new Brexit transition guidance from DHSC

The Department for Health and Social Care (DHSC) has published new guidance pages on vitamins, minerals and health claims on foods in Great Britain (GB) 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 18/12/2020 149.

UK licences for international road haulage—new Brexit transition guidance from DVSA

The Driver and Vehicle Standards Agency (DVSA) and Traffic Commissioners for Great Britain has published new guidance on UK Licences for the Community for international road haulage 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 23/12/2020 87.

Automotive CO2 emissions—updated Brexit transition guidance from European Commission

The European Commission has published updated guidance on the standards of automotive CO2 emissions 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 18/12/2020 136.

Pharmaceutical acquis—new Brexit transition guidance from European Commission

The European Commission has published new and updated guidance on the application of the EU’s pharmaceutical acquis in markets historically dependent on medicines supply from or through Great Britain to help stakeholders prepare for the end of the transition period. Further new and updated guidance may be issued depending on the precise terms upon which the UK leaves the EU, so stakeholders are advised to monitor these pages for updates.

See: LNB News 22/12/2020 103.

UK representatives—new Brexit transition guidance from EUIPO

The European Union Intellectual Property Office (EUIPO) has published new guidance 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 21/12/2020 128.

International rough diamond trade—updated Brexit transition guidance from FCO

The Foreign & Commonwealth Office (FCO) and Foreign, Commonwealth & Development Office (FCDO) have updated guidance on the international rough diamond trade 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 22/12/2020 107.

Changes to approved exporter authorisations—new Brexit transition guidance from HMRC

HMRC has published new guidance on the changes to approved exporter authorisations 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 23/12/2020 100.

Goods movement references—new Brexit transition guidance from HMRC

HMRC has published new guidance on goods movement references 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 23/12/2020 37.

Ongoing customs movements and procedures—new Brexit transition guidance from HMRC

HMRC has published new guidance on what businesses need to do when they are moving goods or have goods in customs procedures at the end of the transition period 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 18/12/2020 114.

Ongoing customs movements and procedures—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on using the ATA Carnet when moving goods through customs 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 23/12/2020 54.

Bringing goods into Great Britain from outside the UK—new Brexit transition guidance from HMRC

HMRC has published new guidance on the allowances of certain goods that can be brought into Great Britain from outside the UK for personal use without having to pay duty or tax 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 18/12/2020 115.

Customs Declaration Completion Requirements—new Brexit transition guidance from HMRC

HMRC has published new guidance on the Northern Ireland Protocol Customs Declaration Service (CDS) Tariff Guide for imports and exports 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 22/12/2020 137.

Customs duty relief for goods—new Brexit transition guidance from HMRC

HMRC has published new guidance on the latest version of the Temporary Admission document 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 22/12/2020 147.

Commercial vessels arriving at or leaving UK ports—new Brexit transition guidance from HMRC

HMRC has published new guidance on reporting goods arriving at a UK port on a commercial vessel and getting clearance to leave a UK port for such a vessel 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 22/12/2020 104.

Moving goods using common and Union transit in Northern Ireland—new Brexit transition guidance from HMRC

HMRC has published new guidance on using common and Union transit for goods starting and ending transit movement in Northern Ireland 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 23/12/2020 35.

Moving qualifying goods from NI to the rest of UK—new Brexit transition guidance from HMRC

HMRC has published new guidance on moving qualifying goods from Northern Ireland (NI) to the rest of the UK 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 23/12/2020 99.

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

HMRC has updated its guidance with information on completing export declaration for movements of goods starting in 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 22/12/2020 145.

Moving excise goods under the Northern Ireland Protocol—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on the use of a duty off-set mechanism, customs interactions on excise goods and changes to excise authorisations for freight movements involving Northern Ireland 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 21/12/2020 91.

Reporting sales of goods from Northern Ireland—new Brexit transition guidance from HMRC

HMRC has published new guidance on reporting supplies of goods from Northern Ireland to VAT-registered customers in an EU country using an EC Sales List 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 18/12/2020 137.

Report goods exported to the EU using inward or outward processing—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on when to submit an information sheet for businesses which are exporting or importing to an EU country using inward or outward processing 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 22/12/2020 140.

Waiver for duty on goods—new Brexit transition guidance from HMRC

HMRC has published new guidance on how businesses can claim a waiver on Customs Duty if they are bringing goods into Northern Ireland from Great Britain which might incur ‘at risk’ tariffs 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 22/12/2020 144.

Wine Duty and licences for wine—new Brexit transition guidance from HMRC

HMRC has published new guidance for businesses who produce wine or made-wine products to check if they will need a licence 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 21/12/2020 83.

Fuel duty—new Brexit transition guidance from HMRC

HMRC has published new guidance on fuel 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 23/12/2020 108.

VAT treatment of transactions—new Brexit transition guidance HMRC

HMRC has published new guidance on the VAT treatment of transactions or movements of goods spanning IP completion day 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 23/12/2020 114.

Account for VAT to import goods on your behalf—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on accounting for VAT when businesses are not aware of the full customs value of goods and when using a third party to import goods 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 23/12/2020 103.

Transfer of residence to Great Britain—new Brexit transition guidance from HMRC

HMRC has published new guidance on how to import personal belongings, pets and private motor vehicles when moving or returning to Great Britain 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 21/12/2020 80.

IPR infringement—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on protection against infringement of intellectual property rights (IPRs) during import and export 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 18/12/2020 148.

Sailing your pleasure craft to and from the UK—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on the customs and VAT requirements for individuals who sail private vessels to and from the UK from the end of the transition period 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 21/12/2020 96.

Data protection—new Brexit transition guidance from the ICO

The Information Commissioner’s Office (ICO) has published new guidance on keeping data flowing from the EU lawfully from 1 January 2021 to help stakeholders prepare for the end of the transition period and beyond. The ICO has also published new guidance on the use of Binding Corporate Rules (BCRs) following the end of the Brexit 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 22/12/2020 142 and LNB News 17/12/2020 151.

Tribunal Practice Notice—new Brexit transition guidance from IPO

The IPO has published new guidance on the changes to practice in proceedings before the Registrar’s Tribunal, 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 22/12/2020 87.

Clinical trial safety reports—new Brexit transition guidance from MHRA

The Medicines and Healthcare products Regulatory Agency (MHRA) has published new guidance on submitting clinical trial safety reports 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 18/12/2020 86.

Supplying authorised medicines to NI—updated Brexit transition guidance from MHRA

The MHRA has published updated guidance on supplying authorised medicines from Great Britain to Northern Ireland 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 22/12/2020 90.

Human medicines regulatory submissions—updated Brexit transition guidance from MHRA

MHRA has published updated guidance 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 24/12/2020 18.

Underwriters’ trading rights—new Brexit transition guidance from Lloyd’s

Lloyd’s has published new guidance on underwriters’ trading rights 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 23/12/2020 89.

Designated standards—new and updated Brexit transition guidance from OPSS

The Office for Product Safety and Standards (OPSS) has published new and updated guidance on designated standards 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 22/12/2020 102.

Product safety and metrology—further Brexit transition guidance from OPSS

The OPSS has published updated guidance on the changes to product safety and metrology in Great Britain 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 22/12/2020 34.

Product safety and metrology—updated Brexit transition guidance from OPSS

The OPSS has published updated guidance on product safety and metrology in Great Britain 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 18/12/2020 134.

Pension schemes—new Brexit transition guidance from PPF

The Pension Protection Fund (PPF) has published new guidance on pensions schemes 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 21/12/2020 158.

Beyond Brexit

Beyond Brexit—DIT updates guidance on UK trade agreements with non-EU countries

The DIT has published updated guidance on the status of trading arrangements taking effect following the end of the Brexit transition period on 31 December 2020 (IP completion day). While engagement is ongoing, and the DIT has confirmed that it is not expecting replacement trade arrangements to be in place with all countries in scope, some new/contingency trade deals have been signed. The guidance is updated to make it clear how those agreements will operate on 1 January 2021. While some of the agreements are fully ratified, others will apply on a provisional basis. Some agreements are not expected to be operational from 1 January 2021, including agreements with Canada and Mexico. These arrangements are expected to take effect in early 2021. Other deals remain under discussion with a number of countries, with engagement continuing into 2021—some of these countries have limited coverage via mutual recognition agreements (eg US, Australia and New Zealand), and some (but not all) are members of the World Trade Organization (WTO). Further new and updated guidance may be issued as various discussions progress, so stakeholders and traders are advised to monitor this page for further updates on the status of these discussions before and after IP completion day.

See: LNB News 23/12/2020 116

Beyond Brexit—documents relating to UK-Swiss Services Mobility Agreement published

The DIT has published documents relating to the UK-Swiss Services Mobility Agreement (SMA) which was signed on 14 December 2020, which allows UK professionals to work in Switzerland for up to 90 days without a permit from 1 January 2021. The documents published include the agreement document itself, an explanatory memorandum and an exchange of notes. Links to the press release relating to the SMA and an overview of the benefits to the UK have also been added to a newly published online collection of documents page.

See: LNB News 23/12/2020 16.

Beyond Brexit—trading with Canada from 1 January 2021

The DIT has published guidance on imports and exports to Canada from the UK from 1 January 2021, following the signing of a UK-Canada trade continuity agreement on 10 December 2020. The guidance provides an overview of what the Memorandum of Understanding (MoU), which will govern exports and imports between 1 January 2021 and the entering into effect of the UK-Canada continuity agreement (expected early 2021), does and does not cover.

See: LNB News 23/12/2020 76.

Beyond Brexit—trading with the CARIFORUM States from 1 January 2021

The DIT has updated the document collection collating guidance on trading arrangements between the UK and the CARIFORUM States from 1 January 2021, following the signing of the CARIFORUM–UK Economic Partnership Agreement (EPA) on 8 December 2020. The updated collection includes Memorandums of Understanding (MoU) between the UK, the Republic of Trinidad and Tobago and Saint Christopher and Nevis, setting out the arrangements for applying the effects of the agreement from 1 January 2021.

See: LNB News 23/12/2020 112.

Beyond Brexit—trading with Kenya from 1 January 2021

The DIT has updated the document collection collating guidance on trading arrangements between the UK and Kenya from 1 January 2021, following the signing of the UK–Kenya Economic Partnership Agreement (EPA) on 8 December 2020. The updated collection includes a Memorandum of Understanding (MoU), setting out the arrangements for applying the effects of the agreement from 1 January 2021. The MoU covers treatment of the UK–Kenya EPA, entry into effect of the Kenya-UK EPA, rules on amendment, rules on termination and disputes.

See: LNB News 23/12/2020 109.

Beyond Brexit—further information on UK–Kenya Economic Partnership Agreement

The DIT has published documents relating to the UK’s trade relationship with Kenya from 1 January 2021. The documents include a parliamentary report which provides an overview of the agreement the UK–Kenya Economic Partnership Agreement, an economic analysis of trade between the UK and Kenya and an explanation of any changes or significant differences in the relationships. Guidance has also been published on how to import and export to Kenya from 1 January 2021.

See: LNB News 21/12/2020 76.

Beyond Brexit—International Agreements Sub-Committee reports on UK-US Air Transport Agreement

The International Agreements Sub-Committee has published a new report on the UK-US Air Transport Agreement. The Air Transport Agreement is designed to replace the UK’s participation in various EU-US air transport agreements at the end of the transition period. The report provides a brief overview of the extent of the agreement and states that no new legislation is required to implement it.

See: LNB News 18/12/2020 39.

Beyond Brexit—key aspects of WTO GPA considered as online workshop concludes

The World Trade Organization (WTO) has announced that the first online global workshop on government procurement, with almost 70 senior government officials from 37 WTO members and observers, has concluded. The 2020 Advanced Global e-Workshop on Government Procurement, which ran virtually due to coronavirus (COVID-19) from 7–17 December 2020, considered various key aspects of the WTO’s revised Government Procurement Agreement (WTO GPA). The workshop highlighted the WTO GPA’s increasing significance to the global economy, as can be seen by the growing number of WTO members negotiating their accession to the Agreement. The virtual workshop also considered ‘transitional period for developing countries’ for negotiating their accession and the benefits of participating in the Committee on Government Procurement as observers, alongside Côte d'Ivoire as the latest WTO member to be granted observer status.

See: LNB News 21/12/2020 126.

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

The Commercial Agents Regulations 1993 in a post-Brexit world

Stephen Sidkin, partner, and Emma Roake, legal director, at Fox Williams, consider the Commercial Agents (Council Directive) Regulations 1993 and the changes commercial agents can expect after the end of the Brexit transition period.

See News Analysis: The Commercial Agents Regulations 1993 in a post-Brexit world.

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

Corporate

FRC issues amendments to UK and Republic of Ireland accounting standards

The Financial Reporting Council (FRC) has published amendments to the UK and Republic of Ireland accounting standards from 1 January 2021. The amendments reflect changes in legislation that is due to come into force at the end of the Brexit transition period and are only made where necessary to ensure consistency with UK company law. The FRC has also issued amendments to the FRS 102 in response to the financial reporting issues arising from interest rate benchmark reform. The FRS 102 amendments intend to adapt and simplify accounting requirements and provide disclosure of the nature and extent of risks arising. The amendments are effective for accounting periods beginning on or after 1 January 2021, with early application permitted.

See: LNB News 22/12/2020 67.

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

Corporate Crime

Brexit and law enforcement

UK investigators are resigned to losing access to a key EU policing database regardless of whether any Brexit deal can be hammered out, a senior police officer told lawmakers today, reinforcing longstanding warnings that having to use a less-comprehensive substitute could hamper operations.

See News Analysis: UK likely to lose EU police-database access even with a Brexit deal, lawmakers told.

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

Dispute Resolution

CPR updates—126th Practice Direction update

The Master of the Rolls and the Parliamentary Under-Secretary of State have signed the 126th practice direction update, which makes amendments to various practice directions in consequence of the EU Exit and is due to come into force at the same time as the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, on IP completion day (11 pm on 31 December 2020). The new amendments are minor modifications to ensure, or consequential on changes made to existing EU Exit instruments to ensure, alignment with the Withdrawal Agreement.

See News Analysis: 126th practice direction update—Brexit.

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

Energy

UK ETS—further Brexit transition guidance from BEIS

BEIS has published new guidance on the UK Emissions Trading Scheme (ETS) 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 17/12/2020 129.

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

Financial Services

BOE and PRA publish joint final policy statement PS27/20, ‘UK withdrawal from the EU: Changes before the end of the transition period’

The Bank of England (BoE) and the Prudential Regulation Authority (PRA) published policy statement PS27/20, which provides feedback to responses to consultation paper CP13/20, ‘UK withdrawal from the EU: Changes before the end of the transition period’ and CP18/19 ‘UK withdrawal from the EU: Changes following extension of Article 50’. It also contains the BoE and PRA’s final and near-final policies in the appendices to PS27/20. For ease of cross-reference, PS27/20 broadly follows the same structure as PS5/19 ‘The Bank of England’s amendments to financial services legislation under the EU(W)A 2018’.

See: LNB News 18/12/2020 64.

EIOPA publishes consumer guide on Brexit implications for insurance policies

The European Insurance and Occupational Pensions Authority (EIOPA) published a one-page guide aimed at consumers who have a life insurance policy or pension from the UK and are living in the EU or considering moving residence from the UK to the EU. EIOPA suggests potentially affected customers should contact their insurer or intermediary; check their policy to find out about possible outcomes; and beware of scams.

See: LNB News 18/12/2020 94.

FCA publishes final Brexit instruments, guidance and TTP directions

The Financial Conduct Authority (FCA) published the final onshoring instruments, related guidance and temporary transitional power (TTP) directions that will apply at the end of the Brexit transition period.

See: LNB News 22/12/2020 117.

ACER updates guidance on market participant registration and data collection under REMIT after IP completion day

The Agency for the Cooperation of Energy Regulators (ACER) published an updated version of the Open Letter published on 8 January 2019 regarding data reporting under Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency (REMIT) following the end of the transition period.

See: LNB News 21/12/2020 115.

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

Information Law

Insight—UK out of time to win EU data-adequacy decision this year

The UK has run out of time to secure an EU 'adequacy' decision on personal data flows before a year-end deadline, meaning companies will have to rely on other legal mechanisms, MLex has learned.

See News Analysis: Insight—UK out of time to win EU data-adequacy decision this year.

EDPB communications on the end of the Brexit transition period

The EDPB has released an information note on data transfers and a separate statement relating to the impact of the end of the Brexit transition period under the EU's General Data Protection Regulation (Regulation (EU) 2016/679 (EU GDPR).

See: LNB News 17/12/2020 156.

Updated Keeling Schedules for the Data Protection Act 2018 and UK GDPR

The Department for Digital, Culture, Media & Sport (DCMS) have released updated Keeling Schedules showing changes to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) and Data Protection Act 2018 that would be affected by the Data Protection, Privacy and Electronic Communications (Amendments etc)(EU Exit) Regulations 2019 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc)(EU Exit) Regulations 2020, SI 2020/1586.

See: LNB News 21/12/2020 52.

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

Life Sciences

European Commission releases notice on EU rules on drug precursors

The Commission has released a notice to stakeholders informing that during the transition period the UK will negotiate an agreement on a new partnership, providing notably for a free trade area but this is not certain whether the agreement will come into force at the end of the transition period. The advice given to stakeholders involved in trading drug precursors are advised to consider the impact of the end of the transition period on trade with the UK.

See: LNB News 21/12/2020 14.

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

Local Government

Government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access benefits

The Court of Appeal delivered its judgment in Fratila v Secretary of State for Work and Pensions finding that the government acted unlawfully in passing regulations preventing EU citizens from relying on their pre-settled status to access benefits.

See News Analysis: Government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access benefits.

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

Pensions

PPF says it will continue to protect schemes after Brexit

The Pension Protection Fund (PPF) has published a news article on the impact of Brexit on the pension schemes it protects, stating that Brexit won’t change the protection the it offers as PPF protection doesn’t depend on where the employer of a pension scheme is based. The PPF says that it will still possible for a pension scheme to enter the PPF if the scheme’s employer is based in an EU country and fails, since employers based in an EU country will simply be in the same position as non-EU overseas employers are at the moment. The PPF adds that trustees of a defined benefit (DB) pension scheme who think their EU-based sponsoring employer is at risk should discuss in advance with their legal advisers the steps to take to enter the PPF. Members of DB schemes with an EU-based sponsoring employer should contact the scheme trustees if they have concerns.

For further information, see: PPF news.

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

Public Law

Continuity or change? Public procurement rules after Brexit

Following on from the last edition of Trade Truths examining the effects of Brexit and the election for the Director General of the World Trade Organization (WTO) on the UK’s relationship with the WTO, John Forrest, Paul Hardy and Richard Sterneberg of DLA Piper look at how the UK’s accession to the WTO’s plurilateral procurement agreement is likely to change the UK’s public procurement regime at the end of the Brexit transition period.

See News Analysis: Continuity or change? Public procurement rules after Brexit.

UK government maps post-Brexit shake up of public procurement

With the UK no longer bound to comply with EU procurement directives from 2021, the government has published a Green Paper and Procurement Policy Notes setting out wide-ranging changes to how public bodies tender contracts. Catherine Wolfenden, John Cleverly and Kate Davies of Osborne Clarke discuss the immediate changes from 1 January 2021 and the proposed changes ahead.

See News Analysis: UK government maps post-Brexit shake up of public procurement.

Brexit and public procurement—examining the WTO Government Procurement Agreement (Revisited)

In this revisited analysis, David Hansom, partner at Clyde & Co LLP, examines the WTO procurement rules and the possible impact on the UK’s public procurement regime in light of the end of the Brexit transition/implementation period (referred to in UK law as IP completion day).

See News Analysis: Brexit and public procurement—examining the WTO Government Procurement Agreement (Revisited).

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

Tax

HMRC publishes new guidance on transitional provisions for VAT

HMRC has published a new guidance note setting out the VAT treatment of transactions or movements of goods which span the end of the transition period.

This VAT notice is issued under regulation 11 of the Value Added Tax (Miscellaneous Amendments, Revocation and Transitional Provisions) (EU Exit) Regulations 2019 (SI 2019/513) which allows HMRC to make provisions to deal with specific transitional issues connected to the UK’s exit from the EU. Parts of the notice have force of law.

It deals with:

● goods arriving into Great Britain (not Northern Ireland), where the supply or movement of those goods straddles the end of the transition period

● Great Britain fulfilment houses which are not registered with the Fulfilment House Due Diligence Scheme (FHDDS) because all the goods stored in them are owned by EU businesses will have time to either register for the FHDDS or cease acting as a fulfilment house

● the Tour Operators Margin Scheme

● call-off stock, and

● the VAT treatment of supplies of financial services under the specified supplies order

See: Value Added Tax EU Exit Transitional Provisions.

HMRC updates VAT MOSS guidance

HMRC has updated its guidance with information on the revised deadlines for submitting VAT returns for the VAT Mini One Stop Shop (VAT MOSS) for transactions from 1 January 2021. The UK VAT MOSS will be withdrawn from 1 January 2021. As a result, businesses who have supplied digital services to EU consumers on or before 31 December 2020 will have until 10 January 2021 to register for MOSS (if not already registered). Businesses cannot register for VAT MOSS in the UK for supplies made after 31 December 2020. Businesses will have until 20 January 2021 to submit their final UK VAT MOSS return. It will not be possible to submit a return after 31 January 2021. Businesses will be able to amend their MOSS return up to 31 December 2021 and amend their registration information up to 31 December 2024. For more on the implications of Brexit on the MOSS scheme, see: VAT focus—VAT MOSS schemes and Brexit (2020): Tax Journal, Issue 1505, 18.

See: Changes to the VAT MOSS rate for the UK and EU countriesVAT Mini One Stop Shop for Agents and Register for the VAT Mini One Stop Shop scheme.

HMRC updates guidance on accounting for import VAT

HMRC guidance on accounting for import VAT on or after 1 January 2021 has been updated with details of how businesses who cannot confirm the full customs value of the goods they import can still account for import VAT on their VAT Return, and what businesses that use a third-party provider to import goods on their behalf need to do to ensure that the appropriate procedures are still completed for import VAT.

See: Check when you can account for import VAT on your tax return.

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&A

● What is ‘relevant separation agreement law’ and how does it operate in UK law?

● What is retained case law and to what extent are UK courts and tribunals bound/able to follow it?

● What will the impact of the end of the Brexit transition period be on the export controls applicable to ‘dual-use’ software?

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:

● Not what we expected: In this article, Andrew Hubbard looks back at 2020—an extraordinary year. See: Taxation, 17 December 2020, 8

● Preparing for Public Procurement Post-Brexit: In this article, Caroline Hobson, Graeme Young, and Russell Hoare, partners at CMS Cameron McKenna Nabarro Olswang LLP, provide a quick guide to the key provisions for public sector procurement that will apply in the post-Brexit period, together with their practical implications. See: Compliance and Risk CRJ 9 6, 8

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.