Northern Ireland Legislation
The Withdrawal Agreement and the Protocol are given legal effect in the UK via section 7A of the European Union (Withdrawal) Act 2018 which was amended by the European Union (Withdrawal Agreement) Act 2020. Alongside general implementation powers granted in section 7A, the 2018 Act granted corresponding powers to devolved authorities to implement the Withdrawal Agreement and Protocol via secondary legislation in accordance with the respective competencies of the Scottish Government, Welsh Government and Northern Ireland Executive (see section 8C and Schedule 2).
Relevant secondary legislation passed in Northern Ireland to implement the Protocol is noted below.
| SECONDARY LEGISLATION | MADE | NOTES |
|---|---|---|
| The Edible Crabs (Conservation) (Amendment) Regulations (Northern Ireland) SR 2021/336 | 08.12.2021 | Statutory Rule to amend Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 (SR 2020/152) so as to prohibit the retention on board and bringing to land on or from a sea fishing boat the detached claws of an edible crab. This measure is being taken for conservation reasons in accordance with derogation powers contained in Article 15(2) of Regulation (EU) 2019/1241 that applies under the Protocol. |
| The Spring Traps Approval (Amendment) Order (Northern Ireland) SR 2021/321 | 02.12.2021 | Statutory Rule to update the list of makes and models of spring traps for animals that are authorised for use in Northern Ireland under the Spring Traps Approval Order (Northern Ireland) 2019. According to requirements of Directive 2015/1535 that applies under the Protocol, the European Commission was notified of SR 2021/321. |
| The Agricultural (2017 North West Area Flooding) (Income Support) Scheme (Northern Ireland) 2021, SR 2021/187 | 28.06.2021 | Statutory Rule to provide for income support payments to producers who in 2017 made Force Majeure applications and area-based scheme applications for land from which they suffered a financial loss as a result of income forgone and/or land restoration costs as a consequence of flooding and resulting landslides due to rainfall caused by Storm Lorenzo (22-23 August 2017). SR 2021/187 is made in accordance with a derogation under Article 10(2) of the Protocol whereby UK measures to support agriculture up to an annual limit (£382.2m) are permissible. |
| The Explosives (ppointment of Authorities and Enforcement) (Amendment) (EU Exit) Regulations (Northern Ireland) 2021, SR 2021/37 | 12.02.2021 | Statutory Rule to make minor technical amendments to The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 to ensure Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures that applies under the Protocol continues to operate effectively while ensuring UK obligations under the Protocol are met. |
| The Official Controls (Plant Protection Products) Regulations (Northern Ireland) 2020, SR 2020/360 | 31.12.2020 | Statutory Rule to implement and apply Regulation (EU) 2017/625 on official controls in respect of plant protection products (pesticides) which applies to Northern Ireland under the Protocol. |
| The Marketing of Seed Potatoes, Plant and Propagating Material Regulations (Northern Ireland) 2020, SR 2020/359 | 31.12.2020 | Statutory Rule to update and amend existing secondary legislation related to plant health that transpose various EU acts into domestic law. The changes introduced by SR 2020/359 reflect changes at EU level and are necessary to ensure the UK upholds its commitments under the Withdrawal Agreement, including the Protocol. |
| The Animals (Health, Identification, Trade and Veterinary Medicines) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/353 | 23.12.2020 | Statutory Rule to make various technical amendments to ensure existing secondary legislation relating to animal (including aquatic) health, identification, trade and veterinary medicines continues to operate effectively after the end of the Transition Period and remains aligned with EU law in accordance with the Protocol. |
| The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020, SR 2020/345 | 18.12.2020 | Statutory Rule to make amendments to the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 required to implement EU Directive on Packaging and Packaging Waste (92/62/EC) and Directive (EU) 2018/852 that replaced certain recovery and recycling targets in the earlier EU legislation. The provisions of SR 2020/345 are required under the Protocol. |
| The Carriage of Explosives (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/340 | Statutory Rule to make technical changes to the Carriage of Explosives Regulations (Northern Ireland) 2010 (SR 2010/59) to reflect UK withdrawal from the EU and ensure its provisions continue to function effectively after the end of the Transition Period. The 2010 Regulations implemented Directive 2008/68/EC on the inland transport of dangerous goods which does not apply under the Protocol. | |
| The Marketing of Plant and Propagating Material (Legislative Functions) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/339 | 17.12.2020 | Statutory Rule to provide for legislative functions currently conferred by Council Directive 98/56/EC related to the regulation of ornamental plant propagating material on the European Commission to be exerciseable instead by DAERA as the appropriate authority in Northern Ireland. Directive 98/56/EC was not at the time included in Annex 2 of the Protocol but was subsequently added following a Joint Committee Decision (3/2020). |
| The Regulation (EC) No 1370/2007 (Public Service Obligations in Transport) (Amendment) (Northern Ireland) (Revocation) Regulations 2020, SR 2020/338 | 17.12.2020 | Statutory Rule to revoke Regulation (EC) 1370/2007 (Public Service Obligations in Transport) (Amendment) (EU Exit) (Northern Ireland) Regulations 2020 (SR 2020/252) which provided for the disapplication of parts of Regulation (EC) 1370/2007. SR 2020/338 reinstates the requirements of Regulation (EC) 1370/2007 to reflect that it continues to apply in Northern Ireland under the Protocol. |
| The Alien and Locally Absent Species (Aquaculture) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/333 | 16.12.2020 | Statutory Rule to make amendments to existing secondary legislation related to alien and locally absent species in aquaculture to ensure it is compatible with the requirements of the Protocol and continues to operate effectively after the end of the Transition Period. |
| The Health and Safety (Amendments and Revocation) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/330 | 16.12.2020 | Statutory Rule to make amendments to 11 existing sets of Northern Ireland Regulations related to health and safety protections that are necessary to ensure protections afforded by the regulations continue after the end of the Transition Period without imposing any new liabilities or obligations on relevant persons. |
| The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/327 | 11.12.2020 | Statutory Rule to make various, mostly technical, changes to existing secondary legislation related to plant health and animal health and welfare, to ensure it continues to operate effectively after the end of the Transition Period and aligns with obligations in these areas necessary under the Protocol. |
| The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/324 | 11.12.2020 | Statutory Rule to make various, mostly technical, changes to existing secondary legislation related to Animal Health and Welfare, alien and locally absent species in aquaculture, common marketing organisation and common agricultural policy, to ensure it continues to operate effectively after the end of the Transition Period and aligns with obligations in these areas necessary under the Protocol. |
| The Seed Marketing (Amendment) (No. 2) Regulations (Northern Ireland) 2020, SR 2020/322 | 10.12.2020 | Statutory Rule to make a technical change to regulation 1 of the Seed Marketing (Amendment) Regulations (Northern Ireland) 2020 (SR 2020/301) to amend the date on which it comes into effect. |
| The Pension Protection Fund (State Aid) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/318 | 10.12.2020 | Statutory Rule to make amendments to existing secondary provisions relating to State Aid in the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations (Northern Ireland) 2005, the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 and the Payment of Pension Levies for Part Periods Regulations (Northern Ireland) 2015 consequential to UK withdrawal from the EU. SR 2020/318 in effect maintains the position as it was prior to EU Exit which, in particular, gave effect to a 2009 Commission ruling on the lawfulness of PPF levies in certain circumstances. |
| Seed Marketing and Fertilisers (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/319 | 10.12.2020 | Statutory Rule to amend the Seed Marketing Regulations (Northern Ireland) 2016 that provides for the implementation of EU directives related to the marketing of agricultural seed, to reflect that Council Directives 66/402/EEC (cereal seed), 2002/54/EC (beet seed), 2002/55/EC (vegetable seed) and 2002/57/EC (oil and fibre plant seed) are listed in Annex 2 of the Protocol and therefore continue to apply in Northern Ireland, but Directive 66/401/EEC (fodder seed) is not. SR 2020/319 amends the 2016 Regulations to implement the Protocol in respect of seed of cereal, beet, vegetables and oil and fibre plants and also provides for the marketing of fodder seed to continue under the UK regime as well as providing for fodder seed that has been certified in the EU to be marketed in Northern Ireland under OECD trade rules. |
| The Electricity (Internal Markets) Regulations (Northern Ireland) 2020, SR 2020/307 | 04.12.2020 | Statutory Rule to transpose elements of the Electricity (Recast) Directive (EU) 2019/944 on the internal market for electricity. This SR forms part of the legislative basis for the Single Electricity Market. |
| The Electricity (Priority Dispatch) Regulations (Northern Ireland) 2020, SR 2020/306 | 04.12.2020 | Statutory Rule to implement Regulation (EU) 2019/943 on the EU internal market for electricity (the EU Electricity Regulation) which repealed and replaced, with amendments Regulation (EC) 714/2009 on conditions for access to the network for cross-border exchanges in electricity. To implement the Electricity Regulation, SR 2020/306 amends the Electricity (Northern Ireland) Order 1992 and revokes the Electricity (Priority Dispatch) Regulations (Northern Ireland) 2012, the Electricity (Priority Dispatch) (Amendment) Regulations (Northern Ireland) 2013, regulation 12 of the Energy Efficiency Regulations (Northern Ireland) 2014 and regulation 6(6)(a) of the Electricity and Gas (Internal Markets) Regulations 2020, to ensure that they conform with the requirements of Article 12 of the EU Electricity Regulation which outlines the new rules for priority dispatch. This SR forms part of the legislative basis for the Single Electricity Market. |
| The Flourinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/304 | 04.12.2020 | Statutory Rule to make make amendments in the field of ozone depleting substances "ODS" and flourinated greenhouse gases "F-gases". Previous amendment legislation was drafted in anticipation of EU exit, to remove all references to the EU in Northern Ireland legislation on F-gases and ODS. SR 2020/304 reinstates some requirements of EU rules to reflect the obligations on Northern Ireland to implement EU requirements regarding ODS and F-gases under the Protocol. |
| The Seeds (Variety Lists) Regulations (Northern Ireland) 2020, SR 2020/302 | 04.12.2020 | Statutory Rule to give effect in Northern Ireland to Council Directive 2002/53/EC on the catalogue of varieties of agricultural plant species and those aspects of Council Directive 2002/55/EC on the marketing of vegetable seed that require national lists of vegetable varieties to be established. |
| The Seed Marketing (Amendment) Regulations (Northern Ireland) 2020, SR 2020/301 | 04.12.2020 | Statutory Rule to amend the Seed Marketing Regulations (Northern Ireland) 2016 to transpose various pieces of EU implementing legislation in the field of seed marketing, namely, Commission Implementing Directive (EU) 2019/990, 2020/432 and 2020/177. |
| The Planning (Environmental Assessments and Technical Miscellaneous Amendments) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/300 | 04.12.2020 | Statutory Rule to make various technical changes to existing legislation that arise from UK withdrawal from the EU, the effect of these changes are to ensure provisions continue after the end of the Transition Period. SR 2020/200 amends the Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015, the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015, the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015, the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 and the Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018. |
| Gas (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/305 | 04.12.2020 | Statutory Rule to make various changes to energy legislation in Northern Ireland to ensure it continues to operate effectively after the end of the Transition Period. In particular, the SR 2020/305 amends The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019 which amended the Gas (Northern Ireland Order) 1996 to the same end. SR 2020/305 amends the 2019 EU Exit Regulations to take account of subsequent amendments to the Gas Order 1996 made by the Gas (Internal Markets) Regulations (Northern Ireland) 2020 in order to transpose the requirements of the 2009 EU Gas Directive (2009/73/EC) as amended by EU Directive 2019/692 into Northern Ireland law. |
| The Marketing of Fruit Plant and Propagating Material (Amendment) Regulations (Northern Ireland) 2020, SR 2020/294 | 01.12.2020 | Statutory Rule to amend the Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 to make provision for a supplier's document to be yellow in colour when affixed to fruit material of the grade Conformitas Agraria Communitatis ("CAC") and reduces the information required in the supplier's document. These changes are required to implement Council Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production and Council Directive 2008/90/EC as regards the colour of the label for certified categories of propagating material and fruit plants and the content of the supplier's document. |
| The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/295 | 01.12.2020 | Statutory Rule to amend the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009 and the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 to ensure references continue to operate effectively following the end of the Transition Period. Amendments include revocation of changes previously made in preparation for the possibility of a 'no deal' UK exit. |
| The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020, SR 2020/293 | 01.12.2020 | Statutory Rule to revoke and replace the Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 and regulations 6 and 7 of the Plant Health and Seeds (Miscellaneous Provisions) Regulations (Northern Ireland) 2019 so as to give effect to Regulation (EU) 2016/2031 (the EU Plant Health Regulation) and Regulation (EU) 2017/625 (the EU Official Controls Regulation). In addition, SR 2020/293 implements, in relation to Northern Ireland, notification requirements for seed potatoes from GB, an exception in respect of notification requirements for solid fuel wood originating in Ireland and temporary national emergency measures agreed with DEFRA in respect to certain plants. |
| The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/296 | 01.12.2020 | Statutory Rule to make amendments to the principle further education student support regulations - The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 - including technical amendments to ensure eligibility requirements for support to students from EU and EEA states continue after the end of the Transition Period. |
| The Food and Feed Hygiene and Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2020, SR 2020/291 | 30.11.2020 | Statutory Rule to enforce Regulation (EU) 2020/354 on establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC in Northern Ireland by amending the Animal Feed (Composition, Marketing and Use) Regulations (Northern Ireland) 2016 and the Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016. SR 2020/291 also makes minor technical amendments to existing legislation necessary to implement new EU Regulation 2020/354. |
| The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/284 | 26.11.2020 | Statutory Rule to make minor technical amendments to the Marine Liscensing (Exempted Activites) Order (Northern Ireland) 2011 and to two existing EU Exit SIs (the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019) to ensure that the legislation amended by those instruments continues to operate effectively after the end of the Transition PEriod. SR 2020/284 also makes minor technical amendments to the Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 that are necessary under the Protocol. |
| The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020, SR 2020/186 | 25.11.2020 | Statutory Rule to revoke the Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (the 2019 Regulations) before it was due to come into force at the end of the Implementation Period. The 2019 Regulations were made to reflect the possibility of a 'No Deal' UK exit from the EU. By revoking the earlier regulations, SR 2020/286 ensures Northern Ireland stays aligned with EU rules regarding food compositional standards and food labelling as required under the Protocol. |
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The Pesticides and Invasive Alien Species (Enforcement and Permitting) (Amendment) (EU Exit) Regulations Northern Ireland 2020, SR 2020/268 |
19.11.2020 | Statutory Rule to ensure Northern Ireland alignment to EU rules concerning use of pesticides and management of invasive alien species listed in Annex 2 of the Protocol. Specifically, SR 2020/268 makes provision for implementation of Regulation (EC) 1107/2009 and Regulation EU 1143/2014. |
| The Genetically Modified Organisms (Amendment) (EU Exit) (Regulations) (Northern Ireland) 2020, SR 2020/269 | 19.11.2020 | Statutory Rule to amend the Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (the 2019 Regulations) so as to reinstate EU provisions regarding the control and marketing of GMOs that apply under the Protocol. The 2019 Regulations were made as part of preparations for UK exit from the EU prior to the agreement for Northern Ireland to stay aligned, under the Protocol, with rules in this area, SR 2020/269 updates the 2019 Regulations to reflect requirements of the Protocol. |