The European Communities Act 1972 (the ECA) confers powers upon DAERA to give effect to EU Regulations that do not otherwise come into direct effect in UK law. This provision enables the UK (and Northern Ireland where the matter is devolved) to implement EU law through domestic legislation. It is under the ECA that DAERA makes domestic legislation to enforce EU law.
It is necessary to make a small number of changes to the existing domestic legislation before the day that the UK leaves the EU, because the European Union (Withdrawal) Act 2018 (EUWA) will repeal the ECA on that day and the powers to make such changes. The proposed Regulations make minor drafting amendments to update an EU reference in the legislation.
The draft legislation does not introduce new policy and simply updates an EU reference in the Northern Ireland domestic legislation.
This consultation is separate to a recent consultation exercise on amendments to the Eggs and Chicks Regulations (Northern Ireland) 2010. That consultation related to changes being made under powers in the EUWA to deal specifically with issues of operability as a consequence of the UK leaving the EU.
‘Marked-up’ copies of the legislation that will be amended by the draft Regulations are also provided to illustrate the impact of the proposed changes on the legislation; proposed amendments are shown in red. Both Regulations have already been amended by the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019 and will be further amended by the Agriculture, Food and Horse (Miscellaneous Amendments) (Northern Ireland) (EU Exit) (No.2) Regulations 2019, which will come into operation on EU Exit Day. The marked-up copies, which are drafted for illustrative purposes only, reflect how the legislation will look once amended by recent legislation.
Copies of the consultation can also be made available, on request, in alternative formats e.g. in large print, Braille disc, audio cassette and other languages. Please contact Samantha Stewart on 028 9037 8538 to arrange such copies, or to discuss the consultation more generally.
For those with hearing difficulties, leave a message on the Department’s text phone (18001 028 9052 5031).
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