SL(5)364 – The Waste (Wales) (Miscellaneous Amendment) (EU Exit) Regulations 2019

This instrument makes amendments using powers under the European Union (Withdrawal) Act 2018 (except part 2 – see below) to the following legislation:

• The Waste (Wales) Measure 2010

• The Landfill Allowance Scheme (Wales) Regulations 2004

• The Hazardous Waste (Wales) Regulations 2005

• The Recycling Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011

The amendments are to ensure that the statute book remains functional following the UK’s exit from the EU and will address deficiencies in Welsh domestic legislation arising from EU Exit.

Part 2 of the Instrument is made under section 2(2) of the European Communities Act 1972 and corrects out of date references to European law and domestic legislation prior to, and in readiness for the UK’s exit from the EU. This is required because out of date references to legislation are not necessarily interpreted as references to the correct (updated) legislation and there is therefore a risk that the statute book would not work effectively and inaccessible post-Brexit.

Negative.

No points are identified for reporting under Standing Order 21.2 in respect of this instrument.

One point is identified for reporting under Standing Order 21.3 in respect of this instrument.

1. Standing Order 21.3(ii) - that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Assembly

A draft of these Regulations was laid before the Assembly for sifting in accordance with paragraph 4 of Schedule 7 to the European Union (Withdrawal) Act 2018. The Committee agreed that the negative procedure was the appropriate procedure for these Regulations.

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

 

No government response is required.

Legal Advisers

Constitutional and Legislative Affairs Committee

13 March 2019