Brexit highlights—6 November 2020

Brexit highlights—6 November 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 6 November 2020.

General Brexit headlines

This section contains key overarching Brexit news headlines.

Brexit Bulletin—‘very serious’ divergences remain in future UK-EU relationship negotiations

In remarks following the second week of intensive negotiations on the future UK-EU relationship, the UK and EU have reported continued deadlock on their respective red lines. EU chief negotiator, Michel Barnier, acknowledged ‘very serious divergences’ in level playing field, governance and fisheries, stressing ‘these are essential conditions for any economic partnership’. UK chief negotiator, David Frost, similarly indicated that there remain ‘wide divergences’ on some core issues. Talks are expected to continue, while preparations are being urged for all scenarios at the end of the Brexit transition period on 31 December 2020 (IP completion day). It was later announced that a conference call would be held between Commission President Ursula von der Leyen and Prime Minister Boris Johnson to discuss the state of play on 7 November 2020.

See: LNB News 05/11/2020 105.

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

On 5 November 2020, the UK and EU held the fourth Specialised Committee meeting on the implementation and application of the Northern Ireland Protocol to the Withdrawal Agreement, with UK and EU delegations meeting via video conference. The Committee reported positive progress in various transition workstreams, while acknowledging ‘significant outstanding issues’ in the practical solutions necessary to ensure the smooth flow of trade. In March 2020, the Joint Committee on the Withdrawal Agreement agreed that ‘proper and timely’ implementation of the Northern Ireland Protocol is a key priority. 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 06/11/2020 93.

Brexit Bulletin—EU considering next steps as UK declines to respond to Withdrawal Agreement breach notice

The European Commission is said to be considering next steps having received no reply from the UK to its letter of formal notice for breach of the Withdrawal Agreement. The Commission sent the letter of formal notice to the UK on 1 October 2020, after the UK government failed to address the EU’s concerns over the United Kingdom Internal Market Bill, which continues to progress through Parliament. The UK was given a month to submit its observations in response to the letter of formal notice. The Commission has since reported that no response was received in that timeframe. Laura Rees-Evans, senior associate at Fietta LLP, comments on the latest development.

See: LNB News 03/11/2020 98.

IfG believes ‘disruption is inevitable’ during Brexit

The Institute for Government (IfG) has published a report which assesses how ready the government, business and individuals are for the end of the Brexit transition period. With just eight weeks to go, the report warns that, ‘regardless of whether a new EU-UK deal is reached’, disruption is ‘inevitable’. Identified causes for concern include, lack of business readiness, questions over the operation of the GB-EU border and implementation Northern Ireland Protocol to the Withdrawal Agreement, plus the impact of the coronavirus (COVID-19) crisis on preparations.

See: LNB News 03/11/2020 65.

Brexit will create ‘challenge’ for SFO caseload, according to its director

Brexit will create ‘a bit of a challenge’ in the way the Serious Fraud Office (SFO) tackles financial crime, its director Lisa Osofsky acknowledged on 29 October 2020. The SFO is working to boost its relationships with neighboring countries to ensure multi-jurisdictional probes continue after the UK leaves the EU.

See News Analysis: Brexit will create ‘challenge’ for SFO caseload, according to its director.

Brexit legislation updates

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

Draft UK laws on post-Brexit State aid correct ‘fundamental deficiencies’, says minister

The draft State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 amend current State aid rules to correct ‘fundamental deficiencies’ to the country’s statute book at the end of the Brexit transition period, Minister for Small Business, Consumers and Labour Markets in the Department for Business, Energy and Industrial Strategy (BEIS), Paul Scully MP, told lawmakers on 3 November 2020.

See News Analysis: Draft UK laws on post-Brexit State aid correct ‘fundamental deficiencies’, says minister.

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

Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020

SI 2020/1213: This enactment is made in exercise of legislative powers under the Immigration Act 1971 and the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) in preparation for IP completion day. This enactment amends five pieces of UK secondary legislation in relation to immigration to provide for EEA nationals who, by 31 December 2020, are working or self-employed in the UK but living elsewhere (‘frontier workers’) to continue to work in the UK for as long as they remain a frontier worker. These Regulations also provide for the restriction of those rights and establishes a scheme for frontier worker permits. It came into force partly on 4 November 2020, and comes into force partly on IP completion day, and fully on 1 July 2021. (Updated from draft on 4 November 2020.)

See: LNB News 22/09/2020 20.

Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020

SI 2020/1209: This enactment is made in exercise of legislative powers under the EU(WA)A 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 IP completion day. (Updated from draft on 4 November 2020.)

See: LNB News 22/09/2020 28.

Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020

SI 2020/1210: This enactment is made in exercise of legislative powers under the EU(WA)A 2020 in preparation for IP completion day. This enactment amends two pieces of UK primary legislation and one piece of UK secondary legislation in relation to immigration. It comes into force when the Immigration (European Economic Area) Regulations 2016 are revoked. (Updated from draft on 4 November 2020.)

See: LNB News 22/09/2020 27.

Education (Student Fees, Awards and Support) (Amendment etc) (EU Exit) Regulations 2020

SI 2020/1181: This enactment is made in exercise of legislative powers under the Education (Fees and Awards) Act 1983, Teaching and Higher Education Act 1998, and Higher Education and Research Act 2017 in preparation for IP completion day. This enactment amends seven pieces of UK secondary legislation, and revokes one piece of UK secondary legislation in relation to education. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 30/10/2020 45.

Draft Brexit SIs laid in Parliament

Draft Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the European Union (Withdrawal Act) 2018 (EU(W)A 2018) in preparation for IP completion day. This draft enactment is proposed to amend the Northern Ireland Act 1998 to make provision for the democratic consent mechanisms provided in the Withdrawal Agreement Protocol on Ireland/Northern Ireland. It comes into force on the day after the day on which these Regulations are made.

See: LNB News 03/11/2020 45.

Draft Ozone-Depleting Substances and Fluorinated Greenhouse Gases (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 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.

See: LNB News 04/11/2020 4.

Draft Veterinary Medicines and Residues (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 three pieces of retained direct EU legislation in relation to veterinary medicines and residues in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU and to reflect the Northern Ireland Protocol to the Withdrawal Agreement. It comes into force partly immediately before IP completion day and fully on IP completion day.

See: LNB News 03/11/2020 4.

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

SI 2020/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 six pieces of UK secondary legislation, and three pieces of retained direct EU legislation in relation to aquatic animal health and alien species in aquaculture, animals, and marketing of seed, plant and propagating material to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 03/11/2020 43.

Draft Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment replaces the previous draft SI published on 15 October 2020. This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018, and the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) in preparation for IP completion day. This draft enactment is proposed to amend two pieces of UK secondary legislation, and two pieces of retained EU 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 partly immediately before IP completion day, and fully on IP completion day. This draft enactment was re-laid with technical corrections.

See: LNB News 04/11/2020 20.

Draft Official Controls (Animals, Feed and Food, Plant Health etc) (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, 11 pieces of retained direct EU legislation, and revoke five pieces of retained direct EU legislation in relation to animals, feed and food, and plant health in order to address failures of retained EU legislation 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 04/11/2020 7.

Draft Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc) Regulations 2020

SSI 2020/Draft: This draft enactment is laid 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 draft enactment is proposed to amend one piece of UK primary legislation, one piece of retained direct EU legislation, and to revoke three pieces of retained direct EU legislation in relation to invasive non-native species 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 04/11/2020 24.

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

SSI 2020/Draft: This draft enactment is laid 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 draft enactment is proposed to amend 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.

See: LNB News 06/11/2020 5.

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

SSI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the ECA 1972 and the EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of Scottish primary legislation, six pieces of Scottish secondary legislation, one piece of retained direct EU legislation, and 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.

See: LNB News 05/11/2020 48.

Draft Brexit SIs laid for sifting and sifting committee recommendations

Brexit SI Bulletin—latest drafts and sifting committee reports, 6 November 2020

The Commons European Statutory Instruments Committee (ESIC) and the Lords Secondary Legislation Scrutiny Committee (SLSC) are responsible for the sifting process under the European Union Withdrawal Agreement 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 6 November 2020.

See News Analysis: Brexit SI Bulletin—latest drafts and sifting committee reports, 6 November 2020.

Brexit SI Bulletin—drafts laid for sifting on 2 November 2020

Under the EU(W)A 2018, before certain statutory instruments are formally laid in Parliament, they have to go through a preliminary sifting process to determine the appropriate parliamentary procedure. The latest draft Brexit SIs laid for sifting are covered here. Subjects covered include amendments to legislation in the fields of animal and aquatic health, invasive alien species, plant propagating material and seeds, to ensure that environmental law continues to operate effectively after the end of the Brexit transition period, reflecting continuing obligations under the Withdrawal Agreement, including the Northern Ireland Protocol, and directly applicable EU legislation made during the transition period. The amendments are described as being ‘technical in nature with no changes to policy’.

See News Analysis: Brexit SI Bulletin—drafts laid for sifting on 2 November 2020.

Brexit transition guidance

UKNI marking from 1 January 2021—new Brexit transition guidance from BEIS

The Department for Business, Energy & Industrial Strategy (BEIS) has published new guidance on the new UKNI marking and how to use it 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 02/11/2020 21.

Science, research and innovation sector—further Brexit transition guidance from BEIS

BEIS has published a collection of guidance to help stakeholders in the science, research and innovation sector prepare for the end of the transition period and beyond. 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 03/11/2020 48.

Life sciences sector—further Brexit transition guidance from BEIS

BEIS has published a collection of guidance to help stakeholders in the life science sector prepare for the end of the transition period and beyond. 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 03/11/2020 37.

Arts, heritage and culture—new Brexit transition guidance from DCMS

DCMS has published a seven-point checklist 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 30/10/2020 77.

Art market sector—new Brexit transition guidance from DCMS

DCMS has published a six-point checklist to help stakeholders in the art market sector 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 02/11/2020 93.

Civil society sectors—new Brexit transition guidance from DCMS 

The Department for Digital, Culture, Media & Sport (DCMS) has published new guidance for those working in the civil society sectors 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 02/11/2020 33.

Gambling sector—new Brexit transition guidance from DCMS

DCMS has published new guidance for the gambling sector 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 02/11/2020 24.

Telecoms and information services sector—new Brexit transition guidance from DCMS

DCMS has published a six-point checklist 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 02/11/2020 29.

Tourism sector—new Brexit transition guidance from DCMS

DCMS has published new guidance for the tourism sector 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 02/11/2020 20.

ECMT road haulage permits—updated Brexit transition guidance from DVSA 

The Driver and Vehicle Standards Agency (DVSA), in conjunction with the Traffic Commissioners for Great Britain, has published updated guidance on international road haulage permits for European Conference of Ministers of Transport (ECMT) member countries to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 02/11/2020 27.

Marketing standards for food products—updated Brexit transition guidance from Defra

The Department for Environment, Food & Rural Affairs (Defra) has published updated 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 as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 05/11/2020 74.

Trade with non-EU countries—updated Brexit transition guidance from DIT

The Department for International Trade (DIT) has published updated guidance to help stakeholders trading with non-EU countries to prepare for new trading arrangements taking effect at the end of the transition period and beyond. The updated guidance contains additional information on import tariff rates and rules of origin, as well as links to related trade agreements and document collections, which are collated for ease of reference and bookmarking. Further guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/11/2020 74.

Trade arrangements—new Brexit transition letter from HMRC

HM Revenues & Customs (HMRC) has published its latest letter sent to VAT-registered traders to help them prepare for the end of the transition period. Some of the guidance may change as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 05/11/2020 94.

Business grants for customs declarations—updated Brexit transition guidance from HMRC

HMRC has published updated guidance on applying for grants if a business completes customs declarations 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 02/11/2020 11.

Blood establishments—further Brexit transition guidance from the Department of Health and Social Care

The Department of Health and Social Care has published new guidance on the quality and safety of human blood and blood components for blood establishments, blood banks and manufacturers of blood to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/11/2020 11.

Medical devices—updated Brexit transition guidance from Medicine and Healthcare products Regulatory Agency

The Medicines and Healthcare products Regulatory Agency (MHRA) has published updated guidance on regulating medical devices which includes a link to new UKNI guidance and provides clarification of grace periods, to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/11/2020 98.

Aerospace sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the aerospace sector, collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include the aerospace sector, importing and exporting, selling your goods, trading with the EU, workforce, data, providing services, Northern Ireland Protocol and access to research and development funding. 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 03/11/2020 114.

Art market sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the art market sector collating existing stakeholder and sectoral guidance on preparation for changes coming into effect after the end of the transition period. Subjects covered include employees, using personal data, visiting Europe and movement of goods. 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 04/11/2020 26.

Civil society sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the civil society sector, collating existing stakeholder and sectoral guidance on preparation for changes coming into effect after the end of the transition period. Subjects covered include employees, data, movement of goods and EU funding. 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 04/11/2020 37.

Construction sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the construction sector collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include importing and exporting, selling your goods, trading with the EU, workforce, data, providing services, Northern Ireland Protocol, intellectual property, access to research and development funding, chemical regulations and timber regulations. 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 03/11/2020 115.

Consumer goods sector—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 textile and footwear labelling, using the UKCA mark, importing and exporting products, selling goods in the UK and EU, trading with the EU, workforce and immigration policies, using personal data, intellectual property, the Northern Ireland Protocol, and climate change requirements. The majority of the guidance within the new webpage is not new but has been collated by sector for ease of reference and bookmarking.

See: LNB News 03/11/2020 112.

Creative industries sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the creative industries sector, collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include using personal data in your business after the transition period, visiting Europe from 1 January 2021, changes to copyright law, broadcasting and video on-demand and taking goods temporarily out of the UK. 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 04/11/2020 6.

Digital, technology and computer services sectors—new Brexit transition webpage

The government has published a fresh webpage for the digital, technology and computer services sectors, collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include applying to the EU Settlement Scheme (settled and pre-settled status), recruiting people from outside the UK, use of personal, accounting for UK companies, getting an EORI number and visiting Europe. 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 04/11/2020 35.

Electronics and machinery sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the electronics and machinery sector, collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include getting an EORI number, applying to use simplified declarations for imports, customs, trading with developing nations, visiting Europe from 1 January 2021 and the eCommerce Directive after the transition period. 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 03/11/2020 113.

Exporting and importing goods—new Brexit transition webpage

The government has published new webpages for UK businesses collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include the UK global tariff tool, finding commodity codes, checking tariffs, trade agreements and exporting and importing and trade remedies. 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 02/11/2020 9.

Financial Services—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the financial services sector collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include foreign travel insurance, financial services legislation under the European Union (Withdrawal) Act 2018, the temporary permissions regime and Temporary Transitional Power (Bank/PRA). 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 06/11/2020 9.

Gambling sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the gambling sector collating existing stakeholder and sectoral guidance on preparation for changes coming into effect after the end of the transition period. Subjects covered include employees, visiting Europe, organisation and services and movement of goods. 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 04/11/2020 30.

Media and broadcasting sectors—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the media and broadcasting sectors collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include data protection, broadcasting and video-on demand, ATA Carnet, copyright law, and NIS Regulations. 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 04/11/2020 49.

Services and investment sectors—new Brexit transition webpage

BEIS has published fresh webpages for UK businesses in the services and investment sectors collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include visiting Europe from 1 January 2021, auditing, complying with the new immigration policies for recruiting from overseas,.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 03/11/2020 87.

Sports and recreation sector—new Brexit transition webpage

The government has published a fresh webpage for the sports and recreation sector, collating existing stakeholder and sectoral guidance on preparation for the end of the transition period. Subjects covered include continuing to live in the UK if you are an EU, EEA or Swiss citizen, use of personal data, visiting Europe, taking goods temporarily out of the UK and continued UK participation in EU programmes. 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 04/11/2020 36.

Telecoms and information services sector—new Brexit transition webpage

DCMS has published a fresh webpage for UK businesses and organisations in the telecoms and information services sector, collating existing stakeholder and sectoral guidance on preparation for changes coming into effect after the end of the transition period. Subjects covered include using personal data in your business or other organisation, accounting for UK companies, the eCommerce Directive, using your mobile in EU and EEA countries and preparing to import goods from the EU to Great Britain from 1 January 2021. 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 04/11/2020 21.

Tourism sector—new Brexit transition webpage

The government has published a fresh webpage for UK businesses and organisations in the tourism sector collating existing stakeholder and sectoral guidance on preparation for changes coming into effect after the end of the transition period. Subjects covered include visiting Europe, visiting the UK, employees, data, organisation and services, and movement of goods. 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 04/11/2020 38.

Beyond Brexit

A ‘Global Britain’—the UK’s changing role at the World Trade Organization

In this analysis, Paul Hardy, Brexit Director and UK Head of Government Affairs, John Forrest, Head of International Trade, Richard Sterneberg, Head of Global Government Relations, and Gaurav Kapoor, Associate in Global Trade and Government Affairs, at DLA Piper look at how Brexit will change the UK’s relationship with the World Trade Organization (WTO) and shed light on the election of the new WTO Director-General, and what this means for the UK’s post-Brexit future.

See News Analysis: A ‘Global Britain’—the UK’s changing role at the World Trade Organization.

UK plan to roll over EU trade-defense measures draws criticism from China, Russia

The UK’s plan to roll over EU trade-defense measures after the end of the Brexit transition period on 31 December 2020 has drawn the opposition of Russia and China at the World Trade Organization, MLex has learned.

See News Analysis: UK plan to roll over EU trade defense measures draws criticism from China, Russia.

Beyond Brexit—‘significant proportion of legal text’ agreed in UK-US FTA negotiations

The Department for International Trade (DIT) has issued an update on the negotiations for a UK-US FTA, reporting an ‘intensive’ round of talks between 19 and 30 October 2020. Delegations confirmed that discussions were in the advanced stages in most areas and a ‘significant proportion of legal text’ has been agreed across multiple chapters in the talks. Detailed discussions were also held on the overall legal framework for a future agreement. With both delegations confident of progress towards a comprehensive FTA, talks are set to resume shortly after the US election.

See: LNB News 02/11/2020 96.

Beyond Brexit—UK-Kenya FTA secured

The UK has finalised free trade agreement (FTA) negotiations with Kenya on 3 November 2020. The deal secures tariff-free market access for companies operating in Kenya, including British businesses, as they export products—such as tea and spices, vegetables, and teas and plants (mostly flowers)—to their UK customers. With an ambition to secure free trade agreements with countries ‘covering 80% of UK trade’ by 2022, the DIT is continuing its engagement with a number of existing EU trade partners. Rolling over existing terms previously agreed between the EU and the East African Community (EAC), the UK-Kenya FTA also includes clauses to allow other EAC States to join ‘when they are ready’.

See: LNB News 03/11/2020 110.

Beyond Brexit—explainers on the UK–Japan Comprehensive Economic Partnership Agreement

The DIT has published a number of brief explainer documents highlighting key benefits of the UK-Japan Comprehensive Economic Partnership Agreement (CEPA), including rules of origin, geographical indications, digital, data and agri-food.

See: LNB News 05/11/2020 92.

Beyond Brexit—Trade and Agriculture Commission mandate extended

The International Trade Secretary, Liz Truss, has extended the Trade and Agriculture Commission (TAC) beyond its original six-month mandate and placed it on a full statutory footing. The measure seeks to give farmers a stronger voice in UK trade policy. The TAC is designed to ‘bring together voices from across the sector’ in order to inform trade policy and negotiations. The TAC will report on the impact on animal welfare and agriculture of each FTA the government signs after IP completion day.

See: LNB News 02/11/2020 40.

Brexit transition review—anti-dumping duties on Chinese wire rod

The DIT and Trade Remedies Investigations Directorate (TRID) have published a Notice of Determination on the anti-dumping duties on wire rod originating in the People’s Republic of China. The notice enables the TRID to begin a transition review. Further transition reviews of EU trade remedies may be issued as part of the development of the UK’s independent trade policy, so stakeholders are advised to monitor these pages for updates.

See: LNB News 04/11/2020 93.

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 publishes webpages on market making exemptions and reporting net short positions in preparation for Brexit

The Financial Conduct Authority (FCA) has published webpages for firms considering the use of market making exemptions from January 2021, reminding firms of the need to notify the FCA before the end of the Brexit transition period, and for firms that report net short positions.

See: LNB News 29/10/2020 96.

EPC sets out measures for PSPs to process cross-border SEPA payments post-Brexit

The European Payments Council (EPC) has issued a statement reminding payment service providers (PSPs) of the need to implement without delay measures to ensure a continued smooth processing of cross-border Single Euro payments area (SEPA) payments involving a UK-based SEPA payment scheme participant after the Brexit transition period ends on 31 December 2020.

See: LNB News 04/11/2020 45.

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

Commercial

Draft text for certain customs declarations updated

Statutory guidance providing draft text for certain customs declarations made under the Customs (Bulk Customs Declaration and Miscellaneous Amendments) (EU Exit) Regulations 2020, SI 2020/967 has been updated.

See: LNB News 02/11/2020 78.

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

Construction

NFB and Irwin Mitchell consider no-deal Brexit impact for UK construction

The National Federation of Builders (NFB) and Irwin Mitchell have published a report on issues arising from Brexit for the UK construction industry. The report offers advice for construction and building contractors preparing for IP completion day. The paper focuses primarily on issues arising from a no-deal Brexit and covers supply chains, labour and contracts.

See: LNB News 06/11/2020 14.

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

Corporate Crime

Brexit Bulletin—ESC reports on UK participation in the European Arrest Warrant

The European Scrutiny Committee has published its 26th report of session 2019–21, focusing on recently drafted 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. Issues identified as legally and/or politically important include UK participation in the European Arrest Warrant and EU firearms laws in Northern Ireland.

See: LNB News 29/10/2020 119.

Anti-Counterfeiting Group provides insight into Brexit updates and concerns

The Anti-Counterfeiting Group (ACG) has published a review informing and updating ACG members on the UK’s planning for IP completion day, as well as current concerns and risks. The report notes that the government’s focus shifted from Brexit to the coronavirus (COVID-19) pandemic and reports that less than a quarter of staff in key government departments have so far returned to their Brexit duties. The ACG states that supply chains could worsen before IP completion day, opening doors to counterfeiters as legitimate businesses are weakened. The ACG concludes that the government needs a ‘major information drive’ to provide detail about its progress and what remains to be done, while informing businesses about what they need to do to ease any risks.

See: LNB News 03/11/2020 101.

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

Energy

EU Environment Sub-Committee Chair congratulates ONR on Brexit preparedness

The Chair of the EU Environment Sub-Committee, Lord Teverson, has written to Minister for Work and Pensions, Baroness Stedman-Scott, welcoming the work carried out by the Office for Nuclear Regulation’s (ONR) in preparation for IP completion day. From 1 January 2021, the ONR will take over Euratom’s safeguarding role in the UK. In her letter, the Minister detailed the ‘positive work’ carried out by the ONR in terms of Brexit preparedness.

See: LNB News 29/10/2020 16.

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

Environment

Defra announces Environment Bill reintroduced to Parliament

Defra announced that the Environment Bill is to resume its passage through Parliament after it was paused due to the coronavirus (COVID-19) outbreak. The Bill aims to introduce legally binding targets for air quality, nature, water and resource and waste efficiency and the creation of a new, independent Office for Environmental Protection (OEP). The OEP’s enforcement powers will cover all climate change legislation and hold the government to account on its commitments to reach net-zero emissions by 2050. Ahead of the Bill’s return to Parliament, a number of amendments have been tabled for consideration including how the OEP should exercise enforcement powers and the creation of Species Conservation Strategies and Protected Site Strategies.

See: LNB News 03/11/2020 108.

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

Financial Services

FCA announces open banking changes to limit Brexit payments disruption

The FCA announced changes to the open banking identification requirements aimed at limiting the risk of disruption to open banking services after Brexit. In policy statement PS20/13, Amendments to the open banking identification requirements (eIDAS certificates), the FCA says it will permit UK-based third-party providers (TPPs) to use an alternative to eIDAS certificates to access customer account information from account providers, or initiate payments, after Brexit. The FCA says firms must act to ensure they can continue to provide open banking services.

See: LNB News 03/11/2020 56.

FCA confirms position on share trading obligation post-Brexit

The FCA confirmed its approach to the share trading obligation (STO) at the end of the Brexit transition period, if mutual equivalence is not agreed. The FCA says it will use its Temporary Transitional Power (TTP) to avoid disruption and allow firms to continue trading all shares on EU trading venues and systematic internalisers (SIs).

See: LNB News 04/11/2020 57.

Sub-Committee seeks views on financial services after Brexit

The House of Lords EU Services Sub-Committee is inviting written contributions to its ongoing inquiry into financial services after Brexit. It seeks evidence on the priorities for the future UK-EU relationship in the financial services sector and the potential consequences if no free trade agreement is reached. The Committee is particularly keen to hear from practitioners and small businesses across the UK, including the regions and devolved nations. Responses are sought by 20 November 2020.

See: LNB News 04/11/2020 54.

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

Immigration

IPPR presents risks and opportunities of post-Brexit points-based immigration system

The Institute for Public Policy Research (IPPR) has published a briefing paper on building a post-Brexit immigration system for economic recovery. The report assesses potential implications of the government’s new points-based immigration system and proposes ways in which the system can facilitate the UK’s economic recovery from the coronavirus (COVID-19) pandemic and the UK’s departure from the single market. The IPPR has put forward six main recommendations to the Home Office to address the risks of ending freedom of movement and maximise opportunities of the new points-based system.

See: LNB News 03/11/2020 79.

For further updates from Immigration, see: Immigration monthly highlights—overview.

Information Law

Legacy data under Article 71 of the Withdrawal Agreement

Eleonor Duhs, director in the Technology, Outsourcing and Privacy team at Fieldfisher, discusses how Article 71 of the EU-UK Withdrawal Agreement will apply from a data protection perspective if the UK does not obtain an adequacy decision at the end of the Brexit transition (or ‘implementation’) period.

See News Analysis: Legacy data under Article 71 of the Withdrawal Agreement.

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

Life Sciences

Committee cautious over pharmaceutical supplies to Northern Ireland post-Brexit

The EU Environment Sub-Committee has expressed concerns over the supply of pharmaceuticals to Northern Ireland, as 98% of medicines are imported from Great Britain where the Falsified Medicines Directive, Directive 2011/62/EU, will no longer apply from 1 January 2021. Chair of the EU Sub-Committee, Lord Teverson, has written to the Minister for Health, Edward Argar MP, raising serious queries.

See: LNB News 29/10/2020 72.

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

Local Government

UK on notice over failure to transpose free movement directive

The European Commission has sent a complementary letter of formal notice to the UK ‘for failing to transpose the Free Movement Directive (2004/38/EC) as regards the requirement for economically inactive EU citizens to have comprehensive sickness insurance when on UK territory’. The Commission considers that the UK’s relevant rules are in breach of EU law. In the UK, EU citizens who are affiliated with the UK public healthcare scheme (NHS) and are entitled to get medical treatment provided by the NHS are not considered as having sufficient sickness insurance.

See: LNB News 30/10/2020 92.

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

Public Law

Industrial strategy roundtables to discuss impact of Brexit and coronavirus (COVID-19)​​

The Department for Business Energy and Industrial Strategy (BEIS) is inviting businesses to register interest for an online round table as part of its inquiry into the government’s industrial strategy. Subjects under discussion at the session on 19 November 2020 will include resourcing and productivity, skills and job creation and private investment. The round table will also seek views on how the industrial strategy might respond to Brexit, the coronavirus (COVID-19) pandemic and the government’s net-zero emissions targets. The committee is also interested in views on how well businesses are coping with the impact of coronavirus and the uncertainty caused by the prospect of a no-deal scenario at the end of the Brexit transition period. Those interested in attending the session are invited to complete an online survey, which closes at midday on 9 November 2020.

See: LNB News 04/11/2020 96.

For further updates from Public Law, see: Public Law 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.

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.