Thirty-Eighth Report of Session 2019-21 Contents

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Instruments reported

At the Committee’s meeting on 14 April 2021 it scrutinised a number of instruments. It was agreed that the special attention of the House of Commons should be drawn to one of those considered in accordance with Standing Orders. The instrument and the grounds for reporting it are given below. The relevant departmental memorandum is published as an appendix to this report.

1 S.I. 2020/1434: Reported for defective drafting

Customs (Tariff-Free Access for Goods from British Overseas Territories) (EU Exit) Regulations 2020

1.1The Committee draws the special attention of the House to these Regulations on the ground that they are defectively drafted in one respect.

1.2These Regulations, which are subject to the negative resolution procedure, make provision to implement arrangements between HM Government and the governments of certain British Overseas Territories for tariff-free access for goods originating in those Territories, reflecting the fact that, as of the end of the Brexit Implementation Period, Council Decision (EU) 755/2013 no longer applies. Regulation 9 modifies the application of the Regulations where goods originating from certain Territories are also subject to tariff free access under equivalent Channel Islands or Isle of Man customs legislation. The Committee did not understand the modifications in regulation 9(2) and asked HM Treasury to explain. In a memorandum printed as an Appendix, the Department explains that those modifications were included in error and undertakes to remove them at the earliest opportunity. The Committee accordingly reports regulation 9(2) for defective drafting, acknowledged by the Department.