Statutory Instruments with clear reports, that were previously
considered for sifting and are now subject to scrutiny under
Standing Orders 21.2 and 21.3
11 March 2019
The following instruments were previously considered for sifting in accordance with Standing Order 21.3B. In the sift process, the Committee agreed that in all cases the appropriate procedure for the Regulations was the negative resolution procedure. Now the instruments are subject to usual scrutiny in accordance with Standing Orders 21.2 and 21.3. Although all the instruments have clear reports they also contain a merits point to highlightthe sift process:
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
SL(5)363 – The Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019
Procedure: Negative
These Regulations make amendments to the Air Quality Standards (Wales) Regulations 2010 in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union. Although relevant Directives will remain effective as retained EU law, they are to be read as if Member-State functions were functions of the Welsh Ministers, and functions of the European Commission were removed.
Parent Act: European Union (Withdrawal) Act 2018
Sift requirements satisfied: 18 February 2019
Date Made: 26 February 2019
Date Laid: 28 February 2019
Coming into force: In accordance with regulation 1(1)
SL(5)377 – The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
Procedure: Negative
These Regulations make amendments to subordinate legislation applying in Wales in the field of food composition and labelling.
These Regulations, other than regulation 6, are to be made in exercise of the powers conferred on the Welsh Ministers by paragraph 1(1) of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.
Regulation 6 is made under section 16 of the Food Safety Act 1990 to amend the Honey (Wales) Regulations 2015 to set the method of analysis that food authorities must use to verify compliance with those Regulations’ requirements.
Parent Act: European Union (Withdrawal) Act 2018
Sift requirements satisfied: 18 February 2019
Date Made: 4 March 2019
Date Laid: 5 March 2019
Coming into force: In accordance with regulation 1(3)