Instruments of interest
Draft Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020
50.This Order proposes for certain functions to be exercised by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Sheffield City Region Combined Authority—SCRCA) and its Mayor, as well as changes to governance and constitutional arrangements. The SCRCA was established in 2014. Following the creation of the position of elected Mayor in 2016, the first election was held in May 2018. The Ministry of Housing, Communities and Local Government (MHCLG) explains that this Order now transfers functions in line with the Government’s 2019 Manifesto which set out an “ambition for full devolution across England”.14 The Order has been laid with an Explanatory Memorandum (EM) and a report, as required under the Local Democracy, Economic Development and Construction Act 2009, setting out the effect of the Order and why the Secretary of State considers it appropriate to be made. The functions to be exercised by the SCRCA relate to transport, education, skills and training as well as housing and regeneration, while the proposed governance and constitutional arrangements deal with issues such as the appointment of political advisers, the establishment of an independent remuneration panel and the ability of the Mayor to cast a deciding vote. The Order also proposes initial measures to create a Mayoral Development Corporation (MDC) in the SCRCA area which is to enable the Mayor to designate mayoral development areas and which will require a further instrument to be established. MHCLG says that if agreement is reached on a debt cap with HM Treasury, a further instrument will be brought forward to confer additional borrowing powers to the SCRCA. The EM sets out the outcome of consultation undertaken on the proposals between 3 February and 15 March 2020 in which support for the proposals ranged from 88% for the principle of devolving powers from Westminster and 84% for devolving functions in relation to skills and training to 65% for the proposals in relation to the constitutional and governance arrangements.
Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (SI 2020/676)
Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (SI 2020/678)
51.These two instruments make changes to product safety legislation to ensure that it meets the requirements of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (“the Protocol”). SI 2020/676 amends the extent of the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/696) (“the 2019 Regulations”),15 so that most of the amendments made by the 2019 Regulations extend only to England, Wales and Scotland, rather than the UK. It also revokes amendments made to some subordinate legislation that extends only to Northern Ireland. The Department for Business, Energy and Industrial Strategy (BEIS) explains that this creates an operable legal framework for Great Britain only at the end of the Transition Period, whilst helping to ensure that relevant EU law remains implemented in respect of Northern Ireland, in line with the requirements of the Protocol. Similarly, SI 2020/678 makes changes to ensure that the UK meets its obligations under the Protocol specifically in relation to product safety requirements for simple pressure vessels and pressure equipment in Northern Ireland. One of the key changes introduced by the 2019 Regulations was a framework for a stand-alone UK marking system for manufacturers to show that their products comply with relevant product safety requirements, to replace the EU’s CE marking. We asked BEIS what the impact would be on manufacturers in Northern Ireland if the 2019 Regulations no longer apply to them, but they want to continue to market their products in Great Britain. The Department told us that:
“If manufacturers based in Northern Ireland (or indeed elsewhere) want to place their products on the NI market, they must continue to mark their products ‘CE’, in line with the relevant EU rules applied by the Northern Ireland Protocol. For certain products requiring third-party conformity assessment before being placed on the NI market, approvals may be provided either by a EU-recognised conformity assessment body or a UK-recognised conformity assessment body (though the latter will be able to approve only for the UK market, as set out in our May Command Paper). Further provision for these processes will be set out later this year. In terms of NI manufacturers placing their products on the market in GB, the Government has committed to guaranteeing ‘unfettered access’ for Northern Ireland’s businesses to the whole of the UK internal market in legislation by the end of this year.”
14 See the Conservative and Unionist Party, Manifesto 2019: https://assets-global.website-files.com/5da42e2cae7ebd3f8bde353c/5dda924905da587992a064ba_Conservative%202019%20Manifesto.pdf, p.29.[accessed 15 July 2020].
15 See: SLSC (Sub-Committee B), 17th Report, Session 2017–19 (HL Paper 293).