New Legislation – relating to retained EU law (coming into force on “exit day”) …

The following 2 new Statutory Instruments (SIs) come into force on "exit day":

New Legislation:

  • "Exit day": SI 2018 No. 1232 - The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (pdf) (link).
  • "Exit day": SI 2018 No. 1234 - The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (pdf) (link).

Notes:

  • The above SI 2018 No. 1232 includes amendments to the following SIs:
    - EIA Regulations 2017.
    - Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.
  • The above SI 2018 No. 1234 includes amendments to the following SIs:
    - DMPO 2015.
    - Hazardous Substances Regulations 2015.
    - Local Planning Regulations 2012.
  • The "Explanatory Memorandum" (link) to the above SI 2018 No. 1232 includes the following information:
    - "This instrument uses powers in the European Union (Withdrawal) Act to make necessary changes to the above legislation to ensure that the law functions correctly after the UK has left the European Union. In particular the amendments update references in UK legislation to EU law, Member States and related terms to reflect the UK leaving the European Union. No substantive changes are being made by this instrument to the way the EIA or SEA regimes operate or the other legislation amended by this instrument. The changes remove unnecessary references, for example to the United Kingdom being a Member State.".
  • The "Explanatory Memorandum" (link) to the above SI 2018 No. 1234 includes the following information:
    - "The 2015 Regulations contain a number of references to the Directive and other European legislation that will no longer function after the United Kingdom’s withdrawal from the European Union on 29th March 2019 (“exit date”). This instrument amends these references.".
    - "No substantive changes will be made as to how the hazardous substances planning regime will operate. The amendments contained in this instrument are technical drafting changes necessary to maintain the 2015 Regulations’ accuracy and consistency following the revocation of the European Communities Act 1972 and the United Kingdom’s withdrawal from the European Union. For example by ensuring that ongoing requirements in England’s hazardous substances planning regime refers to the version of the Directive that is retained EU law.".
  • Note: For other amendments relating to retained EU law, please view this subsequent post.
  • UPDATE: "exit day" is defined as "31 January 2020 at 11.00 p.m." by section 20 of the "European Union (Withdrawal) Act 2018" (link), as amended by regulation 2 of "The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 3) Regulations 2019" (link).

Other Sources of Information:

  • November 2018: Explanatory Memorandum to SI 2018 No. 1232 (pdf) (link).
  • November 2018: Explanatory Memorandum to SI 2018 No. 1234 (pdf) (link).

Updates to the Planning Jungle website: