Overview of the Act The Financial Services Act ensures the UK’s regulatory framework continues to function effectively following the UK’s withdrawal from the EU, and makes important updates to the regulatory framework. The Act enhances the UK’s world-leading prudential standards and promote financial stability by enabling the implementation of the full set of Basel III […]
All posts by Public Information - See Note in Bottom Menu
Trade Agreements
Overview of the Act The Trade Act provides key measures that are required as the UK Government develops its trade policy for the UK now it has left the European Union (EU). These measures include: A power to ensure that the UK can implement procurement obligations that arise from the UK acceding to the Agreement […]
Procurement GPA
Policy background Government Procurement Agreement The GPA is a plurilateral agreement which mutually opens up government procurement markets among its parties within the framework of the WTO. The UK acceded as an independent party on 1 January 2021. The GPA consists of (a) the main text of the agreement and (b) schedules of coverage. The […]
Qualifications Act
Overview of the Act The Professional Qualifications Act 2022 (“the Act”) revokes the current EU-based system for recognising professional qualifications gained overseas and establishes a new approach based on regulator autonomy and delivering international agreements. It also helps aspiring professionals understand how to access professions.The Act contains provisions to: End the interim system for the […]
Internal Market Act
Overview of the Act The purpose of the United Kingdom Internal Market Act is to preserve the United Kingdom’s (UK’s) internal market as powers previously exercised at European Union (EU) level return to the UK, providing continued certainty for people and businesses that they can work and trade freely across the whole of the UK. […]
Goods
Part 1: UK Market Access: Goods Introductory Section 1: Purpose of the Act This section sets out the purpose of Part 1 of the Act, which is to promote the continued functioning of the UK internal market for goods in the UK by establishing two new market access principles in UK law. These principles are […]
Services
Part 2: UK Market Access: Services UK Market Access: Services Section 17: Services overview This section sets out the scope of the provisions on the regulation of services in this Part by making provision that limits the application and effect of authorisation requirements for mutual recognition in section 19, and regulatory requirements for non-discrimination in […]
Qualifications
Part 3: Professional Qualifications and Regulations UK Market Access: Professional qualifications and regulation Section 24: Access to professions on grounds of qualifications or experience This section sets out when a professional qualified in one part of the UK is automatically treated as qualified in respect of that profession in another part of the UK (the […]
CMA & Monitoring
Part 4: Independent Advice on and Monitoring of UK Internal Market General provision about functions under Part 4 Section 30: Functions of the CMA under Part 4: general provisions This section defines a regulatory provision for the purposes of the CMA’s UK internal market reporting, advisory, and monitoring functions, to be undertaken by the Office […]
NI Protocol & UK Market
Part 5: Northern Ireland Protocol Northern Ireland’s place in the UK internal market and customs territory Section 46: Northern Ireland’s place in the UK internal market and customs territory This section provides that an appropriate authority must have special regard to a number of matters when exercising functions related to the implementation of the Northern […]
Subsidies & Assistance
Part 6: Financial Assistance Powers Financial Assistance Powers Section 50: Powers to provide financial assistance powers for economic development etc This section is a general power to provide financial assistance for a number of specified purposes. Those purposes are economic development, infrastructure, culture, sporting activities, domestic educational and training activities and exchanges, and international education […]
Application
Part 8: Final Provisions Final provisions Section 54: Protection of Act against modification This section inserts references to the UK Internal Market Act into the Scotland Act 1998, the Government of Wales Act 2006 and the Northern Ireland Act 1998, so that the Act is treated as a protected or entrenched enactment under each. […]
VAT GB to NI
Accounting for VAT on goods moving between Great Britain and Northern Ireland from 1 January 2021 Updated 18 May 2022 Background The Northern Ireland Protocol means that Northern Ireland maintains alignment with the EU VAT rules for goods, including on goods moving to, from and within Northern Ireland. However, Northern Ireland is, and will remain, […]
Environment Act Summary
Overview of the Act The Environment Act (“the Act”) comprises two thematic halves. The first provides a legal framework for environmental governance. The second makes provision for specific improvement of the environment, including measures on waste and resource efficiency, air quality and environmental recall, water, nature and biodiversity, and conservation The first part of the […]
Water
Part 5: Water Section 78: Water resources management plans, drought plans and joint proposals Subsection (1) provides that the following subsections will amend Chapter 1 of Part 3 of the Water Industry Act 1991. Subsection (2) makes a number of changes to section 37A of the Act. Subsection (2)(a) amends the heading of section 37A […]
Environmental Regulator
Commentary on provisions of Act Part 1: Environmental Governance Chapter 1: Improving the natural environment Section 1: Environmental targets Section 1 provides a power for the Secretary of State to set long-term targets by Subsection (1) provides the Secretary of State with a power to set long-term targets in relation to the natural environment and […]
NI Environmental Improvement
Part 2: Environmental Governance: Northern Ireland Section 48: Improving the natural environment: Northern Ireland Section 48 introduces Schedule 2, which includes provision for environmental improvement plans and policy statements on environmental principles in Northern Ireland. Section 49: The Office for Environmental Protection: Northern Ireland Section 49 introduces Schedule 3, which makes provision for the functions […]
NI Environment Regulator
Schedule 3: The Office for Environmental Protection: Northern Ireland 1264 The Office for Environmental Protection’s (OEP’s) functions in Northern Ireland are essentially the same as its functions in England. This is dealt with in the Act in two ways: Substantive Northern Ireland functions of the OEP are provided for in Part 1 of Schedule […]
Producer Responsibility
Schedule 4: Producer responsibility obligations 1401 Schedule 4 makes provision for regulations under which producer responsibility obligations can be imposed on specified persons and in relation to specified products or materials. Producer responsibility is a means by which businesses who place in-scope products or materials on the market are obligated to take greater responsibility for […]
Waste & Reuse
Part 3: Waste and Resource Efficiency Section 50: Producer responsibility obligations Section 50 introduces Schedule 4, which allows the relevant national authority to make regulations about producer responsibility obligations and the enforcement of those Subsections (2) and (3) set out who the “relevant national authority” is. This is the Secretary of State in relation to […]
Enforcement Powers
Schedule 10: Enforcement powers Powers to search and seize vehicles in connection with waste offences 1523 Paragraphs 1 and 2 amend section 5(6) of the Control of Pollution (Amendment) Act 1989 and section 34B(6) of the Environmental Protection Act 1990 respectively. Sub-paragraphs 1(a) and 2(a) make amendments to allow a vehicle seized by the […]
Air Pollution
Part 4: Air Quality and Environmental Recall Section 72: Local air quality management framework This section enacts Schedule 11, which amends Part 4 of the Environment Act 1995. Part 4 creates the Local Air Quality Management Framework. The amendments require the Secretary of State to review the National Air Quality Strategy, which sets out policies […]
Biodiversity
Part 6: Nature and Biodiversity Section 98: Biodiversity gain as condition of planning permission Section 98 refers to Schedule 14, which applies a new general condition to all planning permissions granted in England, subject to exceptions. This condition requires that a biodiversity gain plan must be submitted and approved before development may lawfully Section 99: […]
Forestry
Controlling the felling of trees in England Introductory 1774 This Schedule amends Part 2 of the Forestry Act 1967 (“the 1967 Act”). Penalty for felling without licence: increase of fine 1775 Paragraph 2 amends section 17 to preserve in Wales the current level of fine that the Courts are able to impose (level 4 (£2,500) […]
Crown & REACH
Schedule 19: Application of Part 7 to Crown land Part 1: General 1863 Schedule 19 makes provision for Part 7 to have effect with modifications in certain cases where an interest in Crown land is held by or on behalf of the Crown. Interpretation 1864 Paragraph 2 defines “Crown land” and who is the appropriate […]
Application to UK
Annex A – Territorial extent and application 1893 Section 146 sets out the territorial extent of the sections in the Act. The extent of an Act is the legal jurisdiction where it forms part of the law. The extent of an Act can be different from its application. Application refers to where it has practical […]
Recitals to Decision
DRAFT DECISION No /2023 OF THE JOINT COMMITTEE ESTABLISHED BY THE AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY of XX 2023 XXX laying down arrangements relating to the Windsor Framework THE JOINT COMMITTEE, Having regard […]
Protocol Revisions
Article 6(2) Customs In Article 6(2) of the Protocol, the following sentence shall be added after the first sentence: ‘This includes specific arrangements for the movement of goods within the United Kingdom’s internal market, consistent with Northern Ireland’s position as part of the customs territory of the United Kingdom in accordance with this Protocol, where […]
Goods Not at Risk
Subject matter This Section sets out rules for implementing Article 5(2) of the Protocol as regards: the conditions for considering that a good brought into Northern Ireland from outside the Union will not be subject to commercial processing in Northern Ireland; the criteria for considering that a good brought into Northern Ireland from outside the […]
VAT & Excise
Establishment of an enhanced coordination mechanism related to the functioning of the Protocol in the areas of VAT and excise Subject matter An Enhanced Coordination Mechanism on VAT and excise concerning goods (“the Mechanism”) is hereby established. The purpose of the Mechanism is to assist the Joint Committee in fulfilling its task to review the […]
Effect and Operation
Review, suspension and termination of Section 2 of this Decision 1. The Joint Committee shall discuss the application of this Section of this Decision unless the Parties decide otherwise. 2. The Union may notify the United Kingdom within the Joint Committee where the United Kingdom: (a) in a sustained manner, fails to implement Article 5 […]
Authorisation Application & Criteria
Application for Authorisation to bring goods into Northern Ireland for end consumers (referred to in Article 9 of the Decision) Application information Supporting documents Mandatory supporting documents and information to be provided by all applicants: Document of establishment / proof of a permanent business establishment Other supporting documents and information to be provided by the […]
EU UK Joint Windsor Declarations
References to Windsor Protocol DRAFT JOINT DECLARATION Reflecting the arrangements laid down in Decision No XX/2023 of the Joint Committee, the Protocol on Ireland/Northern Ireland (‘the Protocol’), as amended by that Joint Committee Decision, should now be known as the “Windsor Framework”. Therefore, wherever relevant in dealings between the Union and the United Kingdom under […]
EU Explanatory Note
EXPLANATORY MEMORANDUM SUBJECT MATTER OF THE PROPOSAL The Commission proposes that the Council establishes the position to be taken on the Union’s behalf in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community […]
UK Command Paper Goods
Goods movements The agreement establishes a new UK internal trade scheme based on commercial data-sharing, not international customs processes, for the movement of goods. This new scheme will significantly expand the range of businesses who can benefit; end the requirement for traders to provide customs commodity codes for each movement; scrap burdensome supplementary declarations; and […]
UK Command Paper Regulatory
Changes The issues with the old Protocol did not, though, solely concern trade frictions on the movement of goods. It disrupted trade between Northern Ireland and its most important market in Great Britain; reduced the availability of goods; and treated Northern Ireland differently to the rest of the United Kingdom in areas at the heart […]
UK Command Paper General
SUMMARY The Northern Ireland Protocol has been the source of acute political, economic and societal difficulties in the two years since it has been operating. The prospect of rigorous implementation of the Protocol has been regarded by communities and businesses in Northern Ireland as unworkable without lasting economic and political damage. The Protocol has already […]
Conservation Covenants
Part 7: Conservation Covenants Section 117: Conservation covenant agreements 1062 Subsection (1) defines a conservation covenant agreement. It is a voluntary, private agreement between a landowner and a “responsible body” (as defined in section 119), executed as a deed by the parties, and containing provision which meets specified conditions as set out in subsection (1)(a). […]
Customs Position Paper
Protocol on Ireland/Northern Ireland Position paper on simplifications in the area of Customs Context On 27 February 2023, the European Commission (‘the Commission’) and the Government of the United Kingdom (“the UK”) reached a political agreement in principle on the way forward regarding the operation of the Protocol on Ireland/Northern Ireland (‘the Protocol’). The way […]
SPS Position Paper
Position paper on agri-food, plants and pet animals Context On 27 February 2023, the European Commission (“the Commission”) and the Government of the United Kingdom (“the UK”) reached a political agreement in principle on the way forward regarding the operation of the Protocol on Ireland/Northern Ireland (the Protocol). The way forward includes joint solutions that […]
Child Protection EU
Fighting child sexual abuse Directive 2011/93/EU — combating sexual abuse and sexual exploitation of children and child pornography It aims at improving the protection of children from sexual abuse and exploitation. To achieve this, it obliges EU countries to: adopt prevention measures; protect child victims; investigate and prosecute offenders. Key Points To facilitate the prosecution […]
Getting GVMS Reference
Guidance Get a goods movement reference Use this service to get a goods movement reference so you can move goods through locations which use the goods vehicle movement service. From: HM Revenue & Customs Published 23 December 2020 Last updated 31 December 2021 — See all updates Contents What you’ll need Get a goods movement reference […]
Falsified Medicines Directive
Guidance Implementing the Falsified Medicines Directive: Safety Features How to prepare for implementation and compliance of the Safety Features Regulation. From: Medicines and Healthcare products Regulatory Agency Published 24 October 2018 Last updated 22 December 2021 — See all updates Contents Introduction How the Falsified Medicines Directive works Guidance and useful resources Print this page Introduction […]
Supplying Medicines in NI
Guidance Supplying authorised medicines to Northern Ireland What you need to do to supply authorised medicines from Great Britain to Northern Ireland. From: Medicines and Healthcare products Regulatory Agency Published 31 December 2020 Last updated 22 December 2021 — See all updates Contents 1. Supply of authorised medicines to Northern Ireland Licensing requirements for medicines containing […]
Importing Medicines to UK
Guidance Sourcing medicines for the UK Market The actions to take for sourcing medicines in different circumstances. From: Medicines and Healthcare products Regulatory Agency Published 31 December 2020 Last updated 22 December 2021 — See all updates Contents 1. Importing medicines from an EEA State which is on an approved country for import list 2. Importing […]
Importing & Moving Fish to UK
Guidance Importing or moving fish to the UK How to import or move fish for human consumption to the UK. From: Department for Environment, Food & Rural Affairs Published 31 December 2020 Last updated 20 December 2021 — See all updates Contents Import documents Freight imports of fish to the UK Imports from non-EU countries Imports […]
Clearance to Leave UK Port
Guidance Get clearance to leave a UK port for commercial vessels If you’re the ship’s master (or their agent) of a commercial vessel, you will need to get clearance to leave a UK port. From: HM Revenue & Customs Published 22 December 2020 Last updated 25 November 2021 — See all updates Contents Get clearance to […]
Transport
Publication Transport and Logistics From Department of the Taoiseach Published on 20 February 2020 Last updated on 25 February 2021 1. Traffic Management Plans for Dublin Port and Dublin City Road Network 2. Aviation 3. Using the UK Landbridge 4. Road haulage 5. Driver licence and insurance requirements Given Ireland’s unique geographic position, securing effective connectivity between Ireland, […]
Using the Landbridge
Using the UK Landbridge From Department of the Taoiseach Published on 21 November 2020 Last updated on 17 June 2021 1. Seven things you need to take on board 2. Moving your goods across the Landbridge 3. Other transit routes (via Ireland) 4. Additional information Seven things you need to take on board Although the UK has left […]
Regulation and Licensing
Publication Certification, Regulation and Licensing From Department of the Taoiseach Published on 20 February 2020 Last updated on 11 February 2021 1. For all businesses 2. For companies importing chemicals from the UK 3. Professional qualifications and licences to practise 4. Fluorinated Gas (F-Gas) For all businesses Certificates, licences and authorisations are required for trade in the EU […]
Banking and Financial Services
Banking and Financial Services From Department of the Taoiseach Published on 20 February 2020 Last updated on 18 February 2021 1. Banking and financial services 2. Commercial contracts 3. Financial risk and currency management Banking and financial services There has been significant work at the national and EU level to ensure continuity of service across banking, payments, insurance […]
Retail
Retail From Department of the Taoiseach Published on 20 February 2020 Last updated on 24 February 2021 The introduction of new import and export processes and enhanced checks and controls on EU-UK trade may lead to disruption in the supply chains of Irish-based retail businesses. Supply chains have been built up over time and will take time to […]
Healthcare & Medicines
Healthcare, Medicines and Medical Products From Department of the Taoiseach Published on 20 February 2020 Last updated on 24 February 2021 1. Access to Medicines 2. Customs and logistics 3. Regulatory, certification and operational implications 4. Professional qualifications Brexit has implications for the life sciences and healthcare sectors in Ireland, particularly in relation to supply chains and regulatory […]
Tourism
Tourism From Department of the Taoiseach Published on 20 February 2020 Last updated on 24 February 2021 The UK is now outside the EU Single Market and Customs Union. It means that businesses that move goods from, to or through Great Britain will be subject to a range of customs formalities, checks and regulatory requirements that do not […]
Construction
Publication Construction From Department of the Taoiseach Published on 20 February 2020 Last updated on 24 February 2021 Brexit may have a number of implications for your construction business and there are a number of steps businesses can take to ensure they minimise any disruption to their operations. Construction manufacturing and certification UK notified bodies are no longer […]
Agri-Food & Fisheries Support
Agrifood and Fisheries From Department of the Taoiseach Published on 20 February 2020 Last updated on 24 February 2021 1. Government supporting measures 2. Trading with the UK 3. Market diversification 4. Working with our EU partners 5. Fisheries Quota Shares The agri-food sector is one of the most exposed to the impacts of Brexit, primarily due to […]
Register to Import or Export
Register to Import or Export From Department of Agriculture, Food and the Marine Published on 22 July 2019 Last updated on 9 November 2021 1. Who has to register 2. What the role of the operator responsible for a consignment is 3. What are the Import Control fees 4. What the importer must do 5. What the exporter […]
Trading in Plants or Plant Products
Publication Trading in Plants and Plant Products with GB From Department of Agriculture, Food and the Marine Published on 1 January 2020 Last updated on 22 February 2021 1. Registration and procedures for import of plants and plant products 2. Registering as a professional operator 3. Fees and charges for importers 4. Additional declarations for phytosanitary certificates 5. […]
Trading in Animals or Animal Products
Trading in Animals and Animal Products From Department of Agriculture, Food and the Marine Published on 14 October 2020 Last updated on 22 September 2021 1. Registration 2. Import Procedures 3. Import Conditions- Type of Commodities 4. Information on using the UK landbridge and other transit routes via Ireland 5. For All traders: Wood Packaging Material standard 6. […]
Exporting Agrifood to UK in 2022
Publication Exporting to the UK from Ireland From Department of Agriculture, Food and the Marine Published on 19 February 2021 Last updated on 16 December 2021 1. Changes to exporting to the UK (excl. NI) 2. Changes to exporting to the UK (excl. NI) taking effect from 1 January 2021 3. Changes to exporting to the UK (excl. […]
Financial and Upskilling Supports
Publication Government Brexit Advisory, Financial and Upskilling Supports From Department of the Taoiseach Published on 20 February 2020 Last updated on 1 December 2021 1. Assessing your Brexit readiness 2. Getting advice 3. Managing currency risk 4. Financial supports 5. Upskilling supports As of 1 January 2021, the UK is now outside the Single Market and Customs Union. […]
State Aid EU Guidance
Important Notice- See the Disclaimer Below Brexit Legal, McMahon Legal and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website
EU Adjustments Oct 21
NTRODUCTION What have you adopted today? The European Commission has today proposed bespoke arrangements to respond to the difficulties that people in Northern Ireland have been experiencing because of Brexit and challenges in East-West trade, in particular (i.e. Great Britain to Northern Ireland). These arrangements are set out in four non-papers, which the College of […]