At its meeting on 16 October 2018 the Committee considered proposed negative instruments laid by the Government, none of which was recommended to be subject to the affirmative procedure.
At its meeting on 16 October 2018 the Committee considered proposed negative instruments and has recommended that the appropriate procedure for the following instruments is for them to be subject to annulment in pursuance of a resolution of either House of Parliament (i.e. the negative procedure).
The Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations 2018
The Animals (Scientific Procedures) Act 1986 (EU Exit) Regulations 2018
The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018
The Communication of Investments (Revocation) (EU Exit) Regulations 2018
The Export of Objects of Cultural Interest (Control) (Amendment etc.) (EU Exit) Regulations 2018
The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018
The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018
1 The Committee noted that the ‘appropriateness statement’ made by the Minister in support of the Instrument states that it “is within the vires set out in section 10 of the European Union (Withdrawal) Act 2018”. According to the preamble, however, the instrument is made under section 8(1) of the Act, and section 10 restricts rather than grants regulation-making powers. Despite the apparent error, the Committee nonetheless feels that the statement fulfils the requirements of paragraph 28(2) of Schedule 7 of the Act.
Published: 18 October 2018