Tenth Report Contents

Proposed Negative Statutory Instruments under the European Union (Withdrawal) Act 2018

Proposed Negative Statutory Instruments about which no recommendation to upgrade is made

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020

1.As well as amending references to the UK being a Member State of the EU, these Regulations would maintain the current dangerous goods regulatory framework and the international process behind it. This includes the power for the Secretary of State for Transport or the Health and Safety Executive for Northern Ireland to grant authorisations and implement derogations from the standards imposed by the Dangerous Goods and Transportable Pressure Equipment (“TPE”1) Directives. The Regulations would also maintain recognition of the EU ‘pi’ marking for TPE that meets the required standards, and introduce the optional use of a new UK ‘rho’ marking for TPE either manufactured in the UK or imported and conformity assessed in the UK by appointed inspection bodies.

2.Although the practical effect of the revision will be minimal, regulations 24(3) and 47(3) provide that no fee is to be charged where a UK competent authority appoints a person that was a notified body before Implementation Period Completion Day (that is, 31 December 2020) after that date.

3.In line with the Committee’s policy remit, we do not express a definitive view on what is essentially a legal issue; however, this alteration to the fee structure may be regarded as triggering the affirmative procedure under the broad provision of Schedule 7 paragraph1(2)(b) of the European Union (Withdrawal) Act 2018, according to which a statutory instrument should be subject to the affirmative procedure if it “relates to a fee in respect of a function exercisable by a public authority” in the UK.

1 “Transportable pressure vessel” means a cylinder, tube or cryogenic receptacle, used or intended to be used for the storage or transport of a gas.

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