Lords EU exit regulations: 9 April

10 April 2019

On Tuesday 9 April, the House of Lords examined three statutory instruments preparing for Brexit.

A statutory instrument (SI), a type of secondary legislation, is a law created under powers given by an Act of Parliament. It is used to fill in the details of Acts (primary legislation).

The proposed SIs make changes to laws on:

1. Breaches of personal data in electronic communications
2. Food additives, flavourings, enzymes and extraction solvents
3. Discrimination against customers on the basis of their nationality or location.

The Brexit SIs under examination on Tuesday 9 April were all made under the EU (Withdrawal) Act 2018 and are changes to the law to be made in the event of the UK leaving the EU without a withdrawal agreement.

All these SIs are made under the draft affirmative procedure, meaning they need to be approved by both Houses of Parliament before they can be made (signed into law) and brought into effect as law. Draft affirmative SIs can be stopped if either House votes against the government’s motion calling for the SI to be approved.  

Following the debates on the floor of the House, all three SIs under consideration were approved.

Lords scrutiny

The House of Lords Secondary Legislation Scrutiny Committee (SLSC) examines every SI, including all EU Exit SIs. It publishes reports drawing members' attention to SIs.

SLSC (Sub-Committee A) reported on the SI making changes to laws on personal data breaches in electronic communications.

SLSC (Sub-Committee B) reported on the regulations making changes to laws on discrimination against customers on the basis of their nationality or location.

Further information

Image: Creative Commons

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