Brexit highlights—16 October 2020

Brexit highlights—16 October 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 16 October 2020.

General Brexit headlines

This section contains key overarching Brexit news headlines.

Brexit Bulletin—PM urges UK to prepare for no deal at the end of transition period

The Prime Minister has given a statement urging the UK to prepare for there being no trade deal with the EU at the end of the transition period on 31 December 2020 (IP completion day). The Prime Minister said that the EU had ‘refused to negotiate seriously’ on the comprehensive ‘Canada-style’ deal that the UK prefers and that an agreement was unlikely without a ‘fundamental change of approach’ from the EU. The Prime Minister’s statement followed the conclusion of the October European Council, during which EU leaders discussed progress in the key Brexit transition workstreams and confirmed the impasse, calling on the UK make concessions towards an agreement. The Prime Minister said that the EU’s demands were ‘obviously unacceptable’ to the UK, particularly on fisheries, and that the UK should embrace the alternative (aka no deal outcome), with ‘complete confidence’. With ten weeks remaining until IP completion day, the Prime Minister indicated the UK’s willingness to continue negotiations on certain areas of cooperation and contingency planning, meanwhile the government would focus on the coronavirus (COVID-19) response. With agreement on the future UK-EU relationship in doubt, full and timely implementation of the Withdrawal Agreement is critical.

See: LNB News 16/10/2020 82.

Brexit Bulletin—Withdrawal Agreement Joint Committee to meet after European Council

The UK and EU delegations have published the provisional agenda for the fourth ordinary meeting of the Withdrawal Agreement Joint Committee, taking place on 19 October 2020. The meeting will include a stocktake on work in the Specialised Committees and updates on implementation of the Withdrawal Agreement, as well as discussions on Joint Committee Decisions anticipated in preparation for the end of the transition period.

See: LNB News 14/10/2020 104.

Brexit Bulletin—third meeting of the Specialised Committee on the Northern Ireland Protocol

On 9 October, the UK and EU held the third Specialised Committee meeting on the implementation and application of the Northern Ireland Protocol under the Withdrawal Agreement, with UK and EU delegations meeting via video conference. Both parties noted the intensification of technical discussions on the Protocol. The Specialised Committee on the Protocol on Ireland/Northern Ireland is one of the six Specialised Committees established under Article 165 of the Withdrawal Agreement. It is tasked with facilitating the implementation and application of the Northern Ireland Protocol and making recommendations on its operation to the Joint Committee.

See: LNB News 12/10/2020 39.

Brexit Bulletin—government opts to extend power to depart from retained EU case law to Court of Appeal

The government has published its response to the Ministry of Justice consultation on proposed changes to the rules governing the departure from retained EU case law by UK courts and tribunals after IP completion day. The consultation outlined government proposals for exercising powers introduced into the European Union (Withdrawal) Act 2018 (EU(W)A 2018) by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), to introduce regulations designating additional courts and tribunals with the power to depart from retained EU case law. Under the original provisions, only the UK Supreme Court (and in some cases the High Court of Justiciary in Scotland) have such powers. Despite concern within the legal services sector, legal academics, businesses and other organisations (representing over 50% of the respondents), the government is proceeding with regulations extending the powers to depart from retained EU case law to the Court of Appeal and its equivalents. The government’s aim is to allow retained EU case law to evolve at a faster rate, without overburdening the Supreme Court and High Court of Justiciary. To this end, a draft Brexit SI was laid in Parliament as the consultation outcome was issued. Professor Adam Cygan, of the University of Leicester, and Sally Shorthose, partner at Bird & Bird, comment on the outcome.

See: LNB News 15/10/2020 101.

Brexit Bulletin—legislation on safe operation of Channel Tunnel adopted by European Council

The European Council had adopted legislation on the safe and efficient operation of the Channel Tunnel railway connection (Channel Fixed Link) between the UK and the EU after the end of the transition period. It consists of a regulation amending the EU railway safety and interoperability rules and a decision to allow France to negotiate, sign and conclude an amendment to the Canterbury Treaty. As a result of the legislation, the same legal regime will continue to apply from 1 January 2021 to all rail issues within the geographic scope of the Channel Tunnel concession. The intergovernmental commission, which supervises all matters concerning the operation of the Channel Fixed Link, will continue its role as the competent safety authority for the application of EU law within it.

See: LNB News 14/10/2020 96.

DfT secures contracts for ‘smooth’ delivery of essential goods post Brexit

The Department for Transport (DfT) has announced that medical supplies and other essential goods will continue to be ‘smoothly’ delivered into the UK after IP completion day, following the completion of contracts collectively worth £77.6m between the government and four ferry operators to provide capacity equivalent to over 3,000 heavy goods vehicles per week. These contracts should mitigate the risk of disruption as the Brexit transition period progresses.

See: LNB News 14/10/2020 41.

EU Sub-Committee says UK professional and business services are being overlooked

The EU Services Sub-Committee has published a report titled ‘The future UK-EU relationship on professional and business services’. It follows an inquiry held by the Committee which found that ‘the needs of this hugely important sector have been overlooked by the Government during negotiations’. The report analyses the ‘big impact’ that future UK–EU agreements will have on this sector, particularly on smaller operators.

See: LNB News 13/10/2020 45.

Traders’ lack of Brexit readiness a major concern, UK customs official warns

UK and EU traders risk the prospect of fines, delays and border barriers due to their ‘head in the sand approach’ to customs preparedness for Brexit, a top UK customs official has warned.

See News Analysis: Traders’ lack of Brexit readiness a major concern, UK customs official warns.

Brexit legislation updates

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

Brexit Bulletin—Committees call for government to address serious concerns with the UK Internal Market Bill

Two Parliamentary committees have published reports on the United Kingdom Internal Market Bill ahead of its second reading in the House of Lords. The Constitution Committee’s report highlights the constitutional implications of the Bill, focussing in particular on its impact on devolution and the rule of law in the UK. The EU Committee (EUC) report focuses on Part 5 of the Bill, concerning Northern Ireland's place in the UK internal market and customs territory and the Northern Ireland Protocol. The Constitution Committee concludes that the Bill is unprecedented in facilitating breaches of international law, undermining UK domestic law, rule of law and devolution settlements. The EUC concludes that Part 5 of the Bill represents an intentional breach of the UK’s international law obligations and recommends its removal from the Bill, in order to avoid further damage to the UK’s international reputation. The UK Internal Market Bill had its first reading ​in the House of Lords on 30 September 2020, with the second reading ​scheduled for 19 October 2020. The House of Lords Library has published a briefing on the United Kingdom Internal Market Bill as it continues its passage through Parliament.

See: LNB News 16/10/2020 56 and LNB News 12/10/2020 27.

Scottish Committee endorses Continuity Bill but calls for 'greater clarity'

Holyrood’s Finance & Constitution Committee has endorsed the Scottish Continuity Bill but is calling for 'greater clarity on government powers'. The Committee believes that 'much greater clarity is required from the Scottish Government on how it intends to use the power within the Bill to keep pace with EU law in devolved areas.' The Committee recommended that 'Ministers give serious consideration to primary legislation as being the most appropriate vehicle for domestic law to implement significant new EU policy proposals.'

See: LNB News 08/10/2020 31.

Scottish Committee urges consent for UK Trade Bill

Holyrood’s Finance & Constitution Committee has published a report stating that the Trade Bill ‘should be given the consent of the Scottish Parliament’. The report warns however of the importance of devolved institutions being involved at all stages of the trade negotiation process. The Scottish Parliament will vote on a legislative consent motion on 8 October 2020. The report states that the Bill offers essential necessary measures to the government such as procurement powers, trade agreement powers, Trade Remedies Authority, powers to gather information and data sharing gateway powers.

See: LNB News 08/10/2020 7.

Public Law Project report finds ‘tsunami’ of Brexit SIs cause for concern

Alexandra Sinclair and Dr Joe Tomlinson of the Public Law Project have published a report on Brexit and the flaws of the delegated legislation system. The authors believe the UK’s withdrawal from the EU led to a ‘tsunami’ of delegated legislation in the form of statutory instruments (SIs). The authors raise concerns surrounding, among other things, the lack of parliamentary debate, the use of Henry VIII powers, and the growing amount of SIs containing mistakes.

See: LNB News 13/10/2020 58.

Brexit SIs and sifting updates

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

Made Brexit SIs laid in Parliament

Customs (Transitional Arrangements) (EU Exit) Regulations 2020

SI 2020/1088: This enactment is made in exercise of legislative powers under the Finance Act 2003, and the Taxation (Cross-border Trade) Act 2018, ss 23(7)31(6), (7)32(8)5152(2)Sch 1, para 9 in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation in relation to customs. It comes into force partly on 29 October 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 08/10/2020 46.

European Structural and Investment Funds Common Provisions and Common Provision Rules etc (Amendment) (EU Exit) (Revocation) Regulations 2020

SI 2020/1114: 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 UK secondary legislation in relation to European structural and investment funds. It came into force on 13 October 2020.

See: LNB News 16/10/2020 34.

Transfrontier Shipment of Radioactive Waste and Spent Fuel (Amendment) (EU Exit) Regulations 2020

SI 2020/1115: 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 UK secondary legislation in relation to transfrontier shipment of radioactive waste and spent fuel in order to address failures of retained EU law to operate effectively and other deficiencies. It comes into force immediately before IP completion day.

See: LNB News 16/10/2020 33.

Product Safety and Metrology etc (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

SI 2020/1112: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends 19 pieces of UK secondary legislation in relation to product safety and metrology. It comes into force on IP completion day.

See: LNB News 16/10/2020 26.

Draft Brexit SIs laid in Parliament

Draft European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to provide which courts are relevant courts for the purposes of the extension of powers to depart from retained EU case law under EU(W)A 2018, s 6. It comes into force on IP completion day.

See: LNB News 15/10/2020 76.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend 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 provision in relation to the withdrawal agreement. It comes into force on the day after the day on which these Regulations are made.

See: LNB News 13/10/2020 67.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to establish the definition of ‘qualifying Northern Ireland goods’. It comes into force on the day after the day on which these Regulations are made.

See: LNB News 15/10/2020 9.

Draft Reciprocal and Cross-Border Healthcare (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 and the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 in preparation for IP completion day. This draft enactment is proposed to amend four pieces of UK secondary legislation in relation to health care 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 including deficiencies arising from the end of the implementation period and other effects of the Withdrawal Agreement. It comes into force immediately before IP completion day.

See: LNB News 08/10/2020 48.

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

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

See: LNB News 09/10/2020 36.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend three pieces of UK primary legislation, eight pieces of UK secondary legislation, and eight pieces of retained EU legislation, and to revoke two pieces of UK 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 on the day after the day on which these Regulations are made, on IP completion day, and fully 12 months after the day on which IP completion day falls.

See: LNB News 15/10/2020 5.

Draft Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the European Communities Act 1972 and the EU(W)A 2018 in preparation for IP completion day. This draft enactment is laid to amend three pieces of UK primary legislation, 31 pieces of UK secondary legislation, and six pieces of retained EU legislation, and revoke one piece of retained EU legislation in relation to securities financing transactions. It comes into force partly on the day after the day on which these Regulations are made, and fully on IP completion day.

See: LNB News 16/10/2020 22.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation and revoke 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 comes into force partly on the day after these Regulations are made and fully immediately before IP completion day.

See: LNB News 15/10/2020 49.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the European Communities Act 1972, and the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend two pieces of UK primary legislation, four pieces of UK secondary legislation, and one piece of retained EU legislation in relation to electronic communications. It comes into force on 21 December 2020.

See: LNB News 14/10/2020 26.

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

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

See: LNB News 08/10/2020 3.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK 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 comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 16/10/2020 1.

Draft Blood Safety and Quality (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to blood safety and quality in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and in order to give effect to the Protocol on Northern Ireland in the withdrawal agreement, respectively. It comes into force immediately before IP completion day.

See: LNB News 14/10/2020 34.

Draft Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018, and the EU(WA)A 2020 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to the human tissue in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and in order to give effect to the Protocol on Northern Ireland in the withdrawal agreement, respectively. It comes into force immediately before IP completion day.

See: LNB News 14/10/2020 42.

Draft Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft 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 draft enactment is proposed to amend one piece of UK secondary legislation in relation to human fertilization and embryology in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and in order to give effect to the Protocol on Northern Ireland in the withdrawal agreement respectively. It comes into force immediately before IP completion day.

See: LNB News 14/10/2020 44.

Draft Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to quality and safety of organs intended for transplantation in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU, and in order to give effect to the Protocol on Northern Ireland in the withdrawal agreement, respectively. It comes into force immediately before IP completion day.

See: LNB News 14/10/2020 46.

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

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend four pieces of UK secondary legislation, and one piece of retained EU legislation in relation to Genetically Modified Organisms (GMOs). It comes into force partly immediately before regulation 12 of the Food and Farming (Amendment) (EU Exit) Regulations 2019 comes into force, immediately before IP completion day, and fully on IP completion day.

See: LNB News 01/01/0001 2662.

Draft Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend three pieces of UK secondary legislation in relation to persistent organic pollutants 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 14/10/2020 58.

Draft Pesticides (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend seven pieces of UK secondary legislation, and two pieces of retained EU legislation, and to revoke 27 pieces of retained EU legislation in relation to pesticides 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 immediate before the coming into force of regulation 3 of the Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019, immediately before IP completion day, and in full on IP completion day.

See: LNB News 15/10/2020 4.

Draft Food (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend four pieces of UK secondary legislation and two pieces of retained EU legislation in relation to food 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 15/10/2020 1.

Draft Nutrition (Amendment etc) (EU Exit) Regulations 2020

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

See: LNB News 08/10/2020 8.

Draft Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. These draft Regulations are proposed to amend three pieces of UK secondary legislation in relation to tobacco and nicotine inhaling products. It partly comes into force immediately before IP completion day, and fully on IP completion day.

See: LNB News 08/10/2020 5.

Draft Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the Road Traffic Act 1988, and the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to road vehicles and non-road mobile machinery in order to address failures of retained EU law to operate effectively and other deficiencies, and to give effect to the UK’s obligations under the protocol on Northern Ireland to the EU withdrawal agreement. It comes into force immediately before IP completion day.

See: LNB News 14/10/2020 18.

Draft Environment and Wildlife (Miscellaneous Amendments etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018, and the EU(WA)A 2020 in preparation for IP completion day. This draft enactment is proposed to amend four pieces of UK secondary legislation, and three pieces of retained EU legislation, and to revoke two pieces of UK secondary legislation in relation to environmental protection and wildlife in order to address failures of retained EU law to operate effectively and correct other deficiencies arising from the withdrawal of the UK from the EU. It comes into force on IP completion day.

See: LNB News 14/10/2020 13.

Draft Brexit SIs laid for sifting and sifting committee recommendations

Brexit SI Bulletin—latest drafts and sifting committee reports, 16 October 2020

The Commons European Statutory Instruments Committee and the Lords Secondary Legislation Scrutiny Committee (SLSC) are responsible for the sifting process under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). These committees scrutinise proposed negative Brexit SIs and make recommendations on the appropriate parliamentary procedure before the instruments are laid in Parliament. This bulletin outlines the latest updates and recommendations, collated on 16 October 2020.

See News Analysis: Brexit SI Bulletin—latest drafts and sifting committee reports, 16 October 2020.

Brexit transition guidance

Trader Support Service—updated Brexit transition guidance from Cabinet Office

The Cabinet Office has published new promotional material, including images and files for use when communicating with traders in Northern Ireland 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 12/10/2020 50.

Trading with the EU—updated Brexit transition guidance from BEIS

The Department for Business, Energy and Industrial Strategy (BEIS) has announced that it will hold a series of free webinars in October 2020 and November 2020 on actions businesses can take to ensure they are ready for 1 January 2021, to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued, so stakeholders are advised to monitor these pages for updates.

See: LNB News 15/10/2020 48.

DCMS sectors—new Brexit transition webpage

The government has published fresh webpages for UK businesses collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include broadcasting, telecoms, .eu domain names, eCommerce Directive, data protection and NIS Regulations, among other things. The majority of the guidance within the new webpage is not new but has been collated by sector for ease of reference and bookmarking. Some of the guidance may change as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 16/10/2020 37.

International road haulage—updated Brexit transition guidance from the DfT

The DfT has updated its guidance on carrying out international road haulage from 1 January 2021 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 16/10/2020 62.

Foreign travel insurance—updated Brexit transition guidance from the FCDO

The Foreign, Commonwealth & Development Office (FCDO) has updated its guidance on foreign travel insurance 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 16/10/2020 63.

Environmental standards—further Brexit transition guidance from Defra

The Department for Environment, Food and Rural Affairs (Defra) has published updated guidance on upholding environmental standards in the UK 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 13/10/2020 57.

Fluorinated gases and ozone-depleting substances—updated Brexit transition guidance from Defra

Defra and the Environment Agency have published updated guidance on fluorinated gases and ozone-depleting substances to help stakeholders prepare for the end of the transition period and beyond. The updated guidance clarifies the scope of application of the guidance. 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 15/10/2020 25.

Industrial emissions standards—further Brexit transition guidance from Defra

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

See: LNB News 14/10/2020 68.

Trading and moving CITES specimens—new Brexit transition guidance from Defra

Defra has published new guidance on trading and moving the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) specimens 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 14/10/2020 61.

Manufacturing and marketing fertilisers—updated Brexit transition guidance from Defra

Defra has published updated guidance on manufacturing and marketing fertilisers 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 08/10/2020 80.

Plant variety rights and marketing plant reproductive material—further Brexit transition guidance from Defra

Defra has published new guidance on plant variety rights and marketing plant reproductive material 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 14/10/2020 33.

Developing genetically modified organisms—new Brexit transition guidance from Defra

Defra has published new guidance on how to market, trial and release genetically modified organisms 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 14/10/2020 69.

Food and drink names—updated Brexit transition guidance from Defra

Defra has published updated guidance on the UK geographical indication protection for food and drinks 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 13/10/2020 83.

Food and drink businesses—further Brexit transition guidance from Defra

Defra has published new guidance on food and drink businesses 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 14/10/2020 72.

Exporting live animals and animal products—further Brexit transition guidance from Defra

Defra, in collaboration with the Animal and Plant Health Agency (APHA), has published new guidance on exporting or moving live animals and animal products to 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 16/10/2020 64.

Farming businesses—further Brexit transition guidance from Defra

Defra has published new guidance on preparing a farming business 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 14/10/2020 65.

Employing EU citizens in the UK—further Brexit transition guidance from Home Office

The Home Office has published new guidance on Employing EU citizens 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 14/10/2020 36.

Trading in drug precursors—further Brexit transition guidance from Home Office

The Home Office has published new guidance on trading in drug precursors 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 14/10/2020 35.

European firearms requirements—further Brexit transition guidance from Home Office

The Home Office has published new guidance on European firearms 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 14/10/2020 40.

Education guidance—further Brexit transition guidance from the Department for Education

The Department for Education (DfE) has published new guidance for education 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 15/10/2020 90.

Local authority children’s services—further Brexit transition guidance from DfE

DfE has published a collection of guidance for local authority children’s services 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 15/10/2020 91.

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

DfE has published new guidance for schools on changes to checks for EU sanctions that they need to carry out on teachers coming from EEA nations, in order to help stakeholders prepare for the end of the transition period. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 16/10/2020 60.

Government sets out position on national ID cards for EU, EEA and Swiss citizens

The Home Office has updated its guidance webpage 'Visiting the UK: information for EU, EEA and Swiss citizens' on 8 October 2020. It confirms that EEA and Swiss citizens may continue to use a national ID card to enter the UK until 'at least 31 December 2025', if they: have pre-settled or ​​settled status under the EU Settlement Scheme, possess a frontier worker permit or if they are an S2 healthcare visitor, or a Swiss service provider. Individuals who do not meet the criteria will not be able to use a national ID card to enter the UK from 1 October 2021.

See: LNB News 01/01/0001 2656.

Beyond Brexit

Draft text shared and groundwork laid for exchange of tariff offers in UK-Australia FTA negotiations

The DIT has issued an update on the negotiations for a UK-Australia FTA, reporting a ‘productive’ second round of remote talks between 21 September and 2 October 2020. Delegations from both sides ‘shared draft chapter text or papers outlining their preferred approach, and the groundwork was laid for an initial exchange of tariff offers’. With both delegations ‘keen to continue the momentum of discussions’, the third round of UK-Australia talks is scheduled for November 2020.

See: LNB News 13/10/2020 68.

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.

Banking and Finance

FCA and PRA set out final preparations for firms before end of Brexit transition period

The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have written a joint letter to CEOs of UK and international banks preparing for the end of the Brexit transition period, stressing the importance of firms continuing to build on their preparatory work to ensure that they and to the extent possible their clients, are ready for a range of scenarios.

See: LNB News 09/10/2020 54.

John Glen on UK-EU equivalence decisions and regulatory co-operation and the future regulatory framework for UK financial services

The House of Lords EU Services Sub-Committee has published a letter to its chair from the economic secretary to HM Treasury, John Glen MP. In the letter, which is dated 21 September 2020, Glen provides information on UK-EU equivalence decisions, future UK-EU regulatory co-operation and the future regulatory framework for UK financial services.

See: LNB News 09/10/2020 46.

For further updates from Banking and Finance, see: Banking and Finance weekly highlights—overview.

Commercial

UK businesses urged to prepare for end of Brexit transition period

The Business Secretary, Alok Sharma, has urged UK businesses to take action now to prepare for the end of the Brexit transition period in 81 days. The Business Secretary is calling on all businesses to familiarise themselves with the actions they will need to take in advance of 31 December 2020, as a ‘vast’ number of changes will come into effect regardless of the outcome of UK-EU negotiations.

See: LNB News 12/10/2020 17.

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

Energy

Ofgem issues REMIT contingency arrangements letter to market participants

Ofgem has written a letter to market participants providing them with an update on the REMIT arrangements that will apply in Great Britain from 1 January 2021 following the end of the transition period. The letter outlines to market participants that the REMIT arrangements are expected to be consistent with the arrangements set out in Ofgem’s No-deal EU exit REMIT contingency arrangements—September update letter. The letter discusses monitoring and enforcement, registration, data reporting and the next steps.

See: LNB News 14/10/2020 10.

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

Environment

Brexit and the environment—current state of play

Environment analysis: Simon Tilling, Partner and head of environmental law at Burges Salmon LLP considers the current UK-EU negotiating position on key environmental issues, the alignment of UK laws with EU-laws and non-regression, the potential impact of the Internal market Bill on these issues and what to expect moving forward.

See News Analysis: Brexit and the environment—current state of play.

Consultations launched on fisheries amid UK-EU relationship negotiations

Defra has launched three consultations on new measures ‘to boost the fishing industry’. The first consultation concerns the fisheries economic link licence condition as it is currently applied in England. The government is looking at plans for an increased landing requirement. The second consultation relates to the fishing quota management in England and crown dependencies. Views can be submitted as to how to ‘allocate any additional quota to industry and future quota management trials’. The third consultation covers the allocation of additional quota between the UK administrations. The general public can share their opinion on how to split the additional quota. Views can be submitted until 10 November 2020.

See: LNB News 13/10/2020 59.

Final outcome on regulating CO2 emissions from new cars and vans published

The DfT has published the final outcome of its consultation on how to regulate CO2 emissions from newly registered cars and vans after the Brexit transition period ends on 31 December 2020.

See: LNB News 14/10/2020 101.

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

Financial Services

Treasury Committee welcomes FCA response on expats’ accounts post Brexit

The FCA responded to a Treasury Committee letter of 29 September 2020 asking the FCA to set out how much notice firms should provide if they decide to close the accounts of UK bank customers living in the EU. The FCA’s response said that not all firms are informing customers their current accounts will be closed but, if firms do decide to do so, they must provide sufficient notice and ensure their actions are consistent with the customers’ contractual rights.

See: LNB News 14/10/2020 93.

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

Information Law

UK’s EU data adequacy decision uncertain as talks bog down

The future of data flows between the EU and the UK remains uncertain as the negotiations over a data adequacy decision for the UK ‘have gone a bit more slowly than we thought’, the UK’s chief negotiator David Frost said on 7 October 2020.

See News Analysis: UK’s EU data adequacy decision uncertain as talks bog down.

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

Life Sciences

UK to join initiatives for sharing medicine evaluations after Brexit

The Department of Health and Social Care has announced that international regulators from the UK, USA, Canada, Australia, Switzerland, Singapore and Brazil will be co-operating to increase the approval of ‘innovative medicines’ after IP completion day. This will lead to quicker access to ‘cutting-edge treatments’ for NHS patients, as the UK will no longer be subject to the EU’s approval process for medicines. Two initiatives will be undertaken to enable pharmaceutical companies to submit medicines to be reviewed by multiple countries simultaneously.

See: LNB News 14/10/2020 24.

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

Public Law

Committee considers Brexit financial settlement and EU spending

The ESC has published its 24th report of session 2019–2021, which considers recently drafted EU legislation and policy documents deposited in Parliament by the government. Among some of the documents considered by the ESC is HM Treasury’s EU budget 2021: possible financial implications for the UK, which sets out the EU’s 2021 spending proposals and plays a role in determining how much its aim of continued participation in various EU programmes would cost the UK. Chief Secretary to the Treasury, Stephen Barclay MP, confirmed the government position that the ‘Brexit financial settlement does not leave the UK liable for new EU spending beyond 1 January 2021, but does not detail how the 2021 EU budget might affect this; should the UK secure continued participation in EU programmes such as Horizon Europe, Euratom, Copernicus, PEACE PLUS and Erasmus+’.

See: LNB News 15/10/2020 37.

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

Tax

HMRC publishes guidance on draft notices to be made under the Customs (Transitional Arrangements) (EU Exit) Regulations 2020

HMRC has published new guidance providing draft text for certain notices made under The Customs (Transitional Arrangements) (EU Exit) Regulations 2020, SI 2020/1088. The draft notices cover a number of different matters which have been set out according to the order of the regulations to which they relate. The documents also cover certain draft notices made under other regulations that have been updated as a result of the provisions set out in these regulations.

See: Draft notices to be made under The Customs (Transitional Arrangements) (EU Exit) Regulations 2020.

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 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

● 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 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 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

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

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

● Brexit—Towards the Cliff Edge? In this article, Paul Henty provides an update on Brexit negotiations with the possibility of a no-deal scenario looming large. See: New Law Journal 170 NLJ 7906, p9

● PM 'undermined rule of law': In this article, Jan Miller looks at the legal community’s reaction to attempts to 'politicise' lawyers. See: New Law Journal 170 NLJ 7905, p4 (1)

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.