The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025

Made: 22nd January 2025

Laid before Parliament: 27th January 2025

Coming into force: 27th February 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by section 19(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the Act”)¹.

The Secretary of State is a relevant national authority for the purposes of section 19(1) of the Act².

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025.

• (2) These Regulations come into force on 27th February 2025.

• (3) A provision of these Regulations that amends or revokes an enactment has the same extent as the enactment amended or revoked unless otherwise specified.

Amendments of subordinate legislation and assimilated direct legislation

2

The Schedules to these Regulations (which contain amendments of subordinate legislation and assimilated direct legislation in consequence of the Retained EU Law (Revocation and Reform) Act 2023) have effect.

Schedule 1 — Scotland Act 1998 Related Instruments

Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999

1

The Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999³ is amended as follows—

• (a) in article 5 for “retained EU”, in both places it occurs, substitute “assimilated”;

• (b) in article 7 for “retained EU” substitute “assimilated”.

Scotland Act 1998 (Modification of Functions) Order 1999

2

The Scotland Act 1998 (Modification of Functions) Order 1999⁴ is amended as follows—

• (a) in article 5 for “retained EU”, in both places it occurs, substitute “assimilated”;

• (b) in article 6 for “retained EU” substitute “assimilated”.

Schedule 2 — Foreign, Commonwealth and Development Office

European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 2018

1

The European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 2018⁵ are amended as follows—

• (a) revoke regulation 3;

• (b) in the heading and in the text of regulation 10 for “retained EU” substitute “assimilated”.

Schedule 3 — Department of Health and Social Care

Part 1 — Subordinate Legislation

Food Supplements (England) Regulations 2003

1

In regulation 5(2)(a) of the Food Supplements (England) Regulations 2003⁶ for “retained direct EU” substitute “assimilated direct”.

Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009

2

In Schedule 1 to the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2009⁷, in the entries in the subject matter column that relate to Article 4(2) and Article 4(3), for “retained EU” substitute “assimilated”.

Part 2 — Assimilated Direct Legislation

Regulation (EC) No 1924/2006

3

In Article 19(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods⁸ for “retained direct EU” substitute “assimilated direct”.

Regulation (EU) No 609/2013

4

Regulation EU No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009⁹ is amended as follows—

• (a) in Article 6(1) and (2) for “retained EU” substitute “assimilated”;

• (b) in Article 15(4) and (5) for “retained EU” substitute “assimilated”.

Schedule 4 — Ministry of Justice

Part 1 — Subordinate Legislation

Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008

1

In regulation 6 of the Law Applicable to Non-Contractual Obligations (England and Wales and Northern Ireland) Regulations 2008¹⁰ for “retained direct EU” substitute “assimilated direct”.

Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009

2

In regulation 5(1) of the Law Applicable to Contractual Obligations (England and Wales and Northern Ireland) Regulations 2009¹¹ for “retained direct EU” substitute “assimilated direct”.

Part 2 — Assimilated Direct Legislation

Regulation (EC) No 864/2007

3

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)¹² is amended as follows—

• (a) in Article 14(3) for “retained EU” substitute “assimilated”;

• (b) in Article 27 for “retained EU”, in both places it occurs including the heading, substitute “assimilated”.

Regulation (EC) No 593/2008

4

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)¹³ is amended as follows—

• (a) in Article 3(4) for “retained EU” substitute “assimilated”;

• (b) in Article 23, for “retained EU”, in both places it occurs including the heading, substitute “assimilated”.

Schedule 5 — Department for Levelling Up, Housing and Communities

Part 1 — Subordinate Legislation

Environmental Assessment of Plans and Programmes Regulations 2004

1

The Environmental Assessment of Plans and Programmes Regulations 2004¹⁴ are amended as follows—

• (a) in regulation 12(4) for “retained EU” substitute “assimilated”;

• (b) in paragraph 1(e) of Schedule 1 for “retained EU” substitute “assimilated”.

Construction Products Regulations 2013

2

In regulation 22(3)(b)(iii) of the Construction Products Regulations 2013¹⁵ for “a retained EU” substitute “an assimilated”.

Planning (Hazardous Substances) Regulations 2015

3

The Planning (Hazardous Substances) Regulations 2015¹⁶are amended as follows—

• (a) in regulation 6(1)(a)(ii) and (iia) for “retained EU” substitute “assimilated”;

• (b) in regulation 10(3)(a)(ii) and (iia) for “retained EU” substitute “assimilated”;

• (c) in regulation 25(6), in the definition of “relevant plan or programme” for “retained EU”, in both places it occurs, substitute “assimilated”;

• (d) in regulation 26(2)(a)(ii) and (iia) for “retained EU” substitute “assimilated”.

Town and Country Planning (Environmental Impact Assessment) Regulations 2017

4

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017¹⁷ are amended as follows—

• (a) in regulation 2(1)¹⁸ in the definition “EU environmental assessment”, for “retained EU” substitute “assimilated”;

• (b) in paragraph 2(1)(c)(vi) of Schedule 3¹⁹ for “retained EU” substitute “assimilated”;

• (c) in paragraph 8 of Schedule 4²⁰ for “retained EU” substitute “assimilated”.

Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

5

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017²¹ are amended as follows—

• (a) in regulation 3(1)²² in the definition of “EU environmental assessment”, for “retained EU” substitute “assimilated”;

• (b) in paragraph 2(1)(c)(vi) of Schedule 3²³ for “retained EU” substitute “assimilated”;

• (c) in paragraph 8 of Schedule 4²⁴ for “retained EU” substitute “assimilated”.

Part 2 — Assimilated Direct Legislation

Regulation (EU) No 305/2011

6

In Article 2(9A) of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC²⁵ for “retained EU” substitute “assimilated”.

Schedule 6 — Department for Business and Trade

Part 1 — Subordinate Legislation

Measuring Container Bottles (EEC Requirements) Regulations 1977

1

In regulation 2(1A) of the Measuring Container Bottles (EEC Requirements) Regulations 1977²⁶ for “retained EU” substitute “assimilated”.

General Product Safety Regulations 2005

2

In regulation 2 of the General Product Safety Regulations 2005²⁷ in the definition of “relevant enactment” for “retained EU” substitute “assimilated”.

Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

3

In regulation 24 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008²⁸ in the text of the modification of section 461(4)(h) of the Companies Act 2006²⁹ for “retained EU” substitute “assimilated”.

Export Control Order 2008

4

• (1) The Export Control Order 2008³⁰ is amended as follows.

• (2) In the following provisions for “retained” substitute “assimilated”—

• (a) article 2(1)—

• (i) in the definition of “the dual-use Regulation”, in paragraph (a);

• (ii) in the definition of “general export authorisation”, in paragraph (a) (in each place it occurs).

• (b) article 8(2)(a) and (b);

• (c) article 26(4)(a);

• (d) article 28(3)(a);

• (e) article 31(1) and (2)(b);

• (f) article 32(2);

• (g) article 35(1), (2)(a) and (b), (4), (6) and (7) and in the heading;

• (h) article 40(1)(b)(i) and (2);

• (i) article 43(1)(b).

• (3) In article 2(1), omit the definition of “the retained dual-use Regulation”.

• (4) In article 2(1), before the definition of “category A goods” insert—

“the assimilated dual-use Regulation” means Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)³¹;

Aerosol Dispensers Regulations 2009

5

In regulation 2(1A) of the Aerosol Dispensers Regulations 2009³² for “retained EU” substitute “assimilated”.

Provision of Services Regulations 2009

6

• (1) The Provision of Services Regulations 2009³³ are amended as follows.

• (2) In the following provisions for “retained EU” substitute “assimilated”—

• (a) regulation 5(1)(b) and (c);

• (b) regulation 17(4);

• (c) regulation 22(2)(d)(i) and (ii);

• (d) regulation 31(3)(a).

• (3) In the following provisions for “retained direct EU” substitute “assimilated direct”—

• (a) regulation 6(2)(a) and (b);

• (b) regulation 6(4)(a) and (b);

• (c) regulation 14(3)(a) and (b).

Toys (Safety) Regulations 2011

7

• (1) The Toys (Safety) Regulations 2011³⁴ are amended as follows.

• (2) In the following provisions for “retained EU” substitute “assimilated”—

• (a) regulation 3B(1) and (3);

• (b) Part 6 of Schedule 2.

Pyrotechnic Articles (Safety) Regulations 2015

8

In regulation 2(1A) of the Pyrotechnic Articles (Safety) Regulations 2015³⁵ for “retained EU” substitute “assimilated”.

Lifts Regulations 2016

9

In regulation 2(1A) of the Lifts Regulations 2016³⁶ for “retained EU” substitute “assimilated”.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

10

In regulation 2(1A) and (1C) of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016³⁷ for “retained EU” substitute “assimilated”.

Non-automatic Weighing Instruments Regulations 2016

11

In regulation 2(1A) of the Non-automatic Weighing Instruments Regulations 2016³⁸ for “retained EU” substitute “assimilated”.

Measuring Instruments Regulations 2016

12

In regulation 2(1A) of the Measuring Instruments Regulations 2016³⁹ for “retained EU” substitute “assimilated”.

Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019

13

• (1) The Trade etc. in Dual-Use Items and Firearms etc. (Amendment) (EU Exit) Regulations 2019⁴⁰ are amended as follows.

• (2) In the following provisions for “retained” substitute “assimilated”—

• (a) regulation 5(1) to (7);

• (b) in regulation 5(8), in each place it occurs, in the definitions of “corresponding retained export authorisation”, “retained authorisation for brokering services”, “retained general export authorisation”, “retained global export authorisation”, “retained individual export authorisation” and “retained national general export authorisation”;

• (c) regulation 6(1) to (2);

• (d) in regulation 6(3), in the definition of “retained firearms export authorisation”.

Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020

14

• (1) The Protecting against the Effects of the Extraterritorial Application of Third Country Legislation (Amendment) (EU Exit) Regulations 2020⁴¹ are amended as follows.

• (2) In the following provisions for “retained” substitute “assimilated”—

• (a) regulation 5 (in each place it occurs) and in the heading;

• (b) regulation 6;

• (c) regulation 7, in each of the definitions.

Part 2 — Assimilated direct legislation

EEC Council Regulation No 1

15

In Article 1 of EEC Council Regulation No 1 determining the languages to be used by the European Economic Community⁴² for “retained EU” substitute “assimilated”.

Regulation (EC) No 2157/2001

16

In Article AA1(2)(d) of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE)⁴³ for “retained EU” substitute “assimilated”.

Regulation (EC) No 765/2008

17

In Article 2(21) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93⁴⁴ for “retained EU” substitute “assimilated”.

Regulation (EC) No 428/2009

18

• (1) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast)⁴⁵ is amended as follows.

• (2) In the following provisions for “retained” substitute “assimilated”—

• (a) Article 2(9);

• (b) Article 9(1) (in each place it occurs);

• (c) Annexes 2(a) to (f), in the heading.

Regulation (EU) 2019/1150

19

In Article 1(5) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services⁴⁶ for “retained EU” substitute “assimilated”.

Schedule 7 — Department for Science, Innovation and Technology

Electronic Commerce (EC Directive) Regulations 2002

1

In regulation 10 of the Electronic Commerce (EC Directive) Regulations 2002⁴⁷ for “retained EU” substitute “assimilated”.

Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

2

The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019⁴⁸ are amended as follows—

• (a) in regulation 5⁴⁹—

• (i) in paragraph (2)—

• (aa) for “Retained case law and retained general principles of EU law” substitute “Assimilated case law”;

• (bb) for “are” substitute “is”;

• (ii) in paragraph (3)—

• (aa) for “Retained case law and retained general principles of EU law fall” substitute “Assimilated case law falls”;

• (bb) for “they are, or are” substitute “it is, or is”;

• (iii) in paragraph (4)—

• (aa) omit the definitions of “retained case law” and “retained general principles of EU law”;

• (bb) at the appropriate place insert—

• “assimilated case law” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 6(7) of that Act);

• (cc) at the end of the definition of “the EU GDPR” for “;” substitute “.”;

• (b) in paragraph 112 of Schedule 3 for “retained direct EU” substitute “assimilated direct”.

Schedule 8 — Department for Transport

Part 1 — Subordinate Legislation

Civil Aviation Authority Regulations 1991

1

The Civil Aviation Authority Regulations 1991⁵⁰ are amended as follows—

• (a) in regulation 6(1) and (8)(a)⁵¹ for “retained EU” substitute “assimilated”;

• (b) in regulation 25(1)(c)⁵² for “retained EU” substitute “assimilated”.

Road Vehicles (Display of Registration Marks) Regulations 2001

2

The Road Vehicles (Display of Registration Marks) Regulations 2001⁵³ are amended as follows—

• (a) in regulation 5(3)⁵⁴ for “retained EU” substitute “assimilated”;

• (b) in regulation 9(3)⁵⁵ for “retained EU” substitute “assimilated”.

Railways and Other Guided Transport Systems (Safety) Regulations 2006

3

The Railways and Other Guided Transport Systems (Safety) Regulations 2006⁵⁶ are amended as follows—

• (a) in regulation 2(1)—

• (i) for “retained” substitute “assimilated” in the following definitions⁵⁷—

• (aa) “2019 EU ECM Regulation”;

• (bb) “cross-border UK-issued ECM certificate”;

• (ii) omit the definition of “retained 2019 EU ECM Regulation”;

• (iii) at the appropriate place insert—

• “assimilated 2019 EU ECM Regulation” means Commission Implementing Regulation (EU) 2019/779 laying down detailed provisions on a system of certification of entities in charge of maintenance of vehicles pursuant to Directive (EU) 2016/798 of the European Parliament and of the Council and repealing Commission Regulation (EU) No 445/2011, as it has effect in the UK after IP completion day;

• (b) in regulation 18A(1A)(b)⁵⁸ for “retained” substitute “assimilated”;

• (c) in regulation 27—

• (i) in paragraph (1)(de)⁵⁹ for “retained” substitute “assimilated”;

• (ii) in paragraph (1A)(c)⁶⁰ for “retained”, in both places it occurs, substitute “assimilated”.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

4

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006⁶¹ are amended as follows—

• (a) in rule 4(5)(b)⁶² for “retained EU” substitute “assimilated”;

• (b) in rule 7(5) and (11)(b)⁶³ for “retained EU” substitute “assimilated”;

• (c) in rule 11(2)(c)⁶⁴ for “retained EU” substitute “assimilated”;

• (d) in paragraph 8 of Schedule 1⁶⁵ for “retained EU” substitute “assimilated”;

• (e) in paragraph 7(b) of Schedule 7⁶⁶ for “retained EU” substitute “assimilated”.

Department for Transport (Fees) Order 2009

5

The Department for Transport (Fees) Order 2009⁶⁷ is amended as follows—

• (a) in paragraph 8⁶⁸ of Schedule 1 for “retained EU” substitute “assimilated”;

• (b) in paragraph 45⁶⁹ of Schedule 1 for “retained EU” substitute “assimilated”.

Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

6

In paragraph 6 of Schedule 3 to the Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019⁷⁰ for “retained direct EU” substitute “assimilated direct”.

Part 2 — Assimilated Direct Legislation

Regulation (EC) No 1072/2009

7

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market⁷¹ is amended as follows—

• (a) in Article 2(7) for “retained EU” substitute “assimilated”;

• (b) in Article 9(1) for “retained EU” substitute “assimilated”;

• (c) in Article 13(1) for “retained direct EU” substitute “assimilated direct”.

Schedule 9 — HM Treasury

Part 1 — Subordinate Legislation

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

1

The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001⁷² is amended as follows—

• (a) in article 3(1)—

• (i) in the definition of “EU Securitisation Regulation 2017”⁷³ for “retained EU” substitute “assimilated”;

• (ii) in the definition of “markets in financial instruments regulation”⁷⁴ for “retained EU” substitute “assimilated”;

• (b) in article 35A(2)⁷⁵ for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges, Clearing Houses and Central Securities Depositories) Regulations 2001

2

The Schedule to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges, Clearing Houses and Central Securities Depositories) Regulations 2001⁷⁶ is amended as follows—

• (a) in paragraph 9(6)(d)⁷⁷ for “retained direct EU” substitute “assimilated direct”;

• (b) in paragraph 9ZB(6)⁷⁸, in paragraph (c) of the definition of “the disclosure obligations” for “retained direct EU” substitute “assimilated direct”;

• (c) in paragraph 9A(2)(b)⁷⁹ for “retained direct EU” substitute “assimilated direct”;

• (d) in paragraph 9J(1)⁸⁰ for “retained direct EU” substitute “assimilated direct”;

• (e) in paragraph 31A(1)⁸¹ for “retained direct EU” substitute “assimilated direct”;

• (f) in paragraph 37⁸² for “retained direct EU” substitute “assimilated direct”;

• (g) in paragraph 39(1)⁸³ for “retained direct EU” substitute “assimilated direct”;

• (h) in paragraph 40(1)(b)⁸⁴ for “retained direct EU” substitute “assimilated direct”.

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

3

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001⁸⁵ are amended as follows—

• (a) in regulation 2—

• (i) in paragraph (b) of the definition of “capital requirements directive information”⁸⁶ for “retained EU” substitute “assimilated”;

• (ii) in paragraph (b)(i) of the definition of “market in financial instruments information”⁸⁷ for “retained EU” substitute “assimilated”;

• (iii) omit the definition of “retained EU law restrictions”⁸⁸;

• (iv) in paragraph (b) of the definition of “specified confidential EU law information”⁸⁹ for “retained EU” substitute “assimilated”;

• (v) at the appropriate place insert—

• “assimilated law restrictions” means the restrictions imposed on the disclosure of confidential information by the relevant provisions, and (excluding those specified at paragraphs (h) and (j) of that definition) as they had effect immediately before IP completion day, and as modified as follows— requirements imposed on a Member State or an EU entity are to be read as if they are requirements imposed on the United Kingdom or, where relevant, a primary recipient; a restriction on the disclosure of confidential information to a person in a third country applies to any disclosure of confidential information to any person in a country or territory outside the United Kingdom; a requirement to seek the consent of an EU entity only applies where an equivalent requirement applies in relation to an equivalent entity in a third country; and for the purposes of sub-paragraph (b) a reference to a person in a third country, which is a third country regulatory authority, is to be read as including an ESA and the ESRB;

• (b) in regulation 3(3)⁹⁰ for “retained EU” substitute “assimilated”;

• (c) in regulation 5(5)⁹¹ for “retained EU” substitute “assimilated”;

• (d) in regulation 9(2B)(b)(ii)⁹² for “retained EU” substitute “assimilated”;

• (e) in the heading to Part IV⁹³ for “RETAINED EU” substitute “ASSIMILATED”;

• (f) in the heading to Schedule 1⁹⁴ for “RETAINED EU” substitute “ASSIMILATED”;

• (g) in the heading to Schedule 2⁹⁵ for “RETAINED EU” substitute “ASSIMILATED”.

Financial Services and Markets Act 2000 (Gibraltar) Order 2001

4

The Financial Services and Markets Act 2000 (Gibraltar) Order 2001⁹⁶ is amended as follows—

• (a) in article 2(5D)(c)(ii) for “retained direct EU” substitute “assimilated direct”;

• (b) in article 2(8)(a), (b)(i)(bb) and (i)(i) for “retained direct EU” substitute “assimilated direct”;

• (c) in article 4(3A)(e) for “retained direct EU” substitute “assimilated direct”;

• (d) in article 4(3B)(e)(ii) for “retained direct EU” substitute “assimilated direct”;

• (e) in article 4(3D)(a)(i), in the substituted sub-paragraph (ii) for “retained direct EU” substitute “assimilated direct”;

• (f) in article 5(3)(b)(iii), in paragraph (b) of the substituted definition of “implementing provision” for “retained direct EU” substitute “assimilated direct”.

Credit Institutions (Reorganisation and Winding up) Regulations 2004

5

In regulation 2(1A) of the Credit Institutions (Reorganisation and Winding up) Regulations 2004⁹⁷ for “retained EU” substitute “assimilated”.

Regulated Covered Bonds Regulations 2008

6

In regulation 1(4) of the Regulated Covered Bonds Regulations 2008⁹⁸ for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009

7

The Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2009⁹⁹ is amended as follows—

• (a) in regulation 1(2), in the definition of “the Rome I Regulation”¹⁰⁰ for “retained direct EU” substitute “assimilated direct”;

• (b) in regulation 3¹⁰¹ for “retained direct EU” substitute “assimilated direct”.

Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009

8

In article 1(6) of the Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009¹⁰² for “retained EU” substitute “assimilated”.

Alternative Investment Fund Managers Regulations 2013

9

The Alternative Investment Fund Managers Regulations 2013¹⁰³ are amended as follows—

• (a) in regulation 2(1), in paragraph (c) of the definition of “implementing provision”¹⁰⁴ for “retained EU” substitute “assimilated”;

• (b) in regulation 2(2)(b)¹⁰⁵ for “retained EU” substitute “assimilated”;

• (c) in regulation 33¹⁰⁶ for “retained EU” substitute “assimilated”;

• (d) in regulation 57(4)(a)¹⁰⁷ for “retained EU” substitute “assimilated”;

• (e) in regulation 59(2)(d)¹⁰⁸ for “retained EU” substitute “assimilated”;

• (f) in regulation 65¹⁰⁹ for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013

10

The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013¹¹⁰ is amended as follows—

• (a) in article 1¹¹¹ for “retained direct EU” substitute “assimilated direct” in the following paragraphs—

• (i) (4)(a);

• (ii) (5)(a);

• (iii) (5A)(a);

• (iv) (6)(a);

• (v) (7)(a);

• (b) in article 5(7)(a)¹¹² for “retained direct EU” substitute “assimilated direct”.

Capital Requirements Regulations 2013

11

The Capital Requirements Regulations 2013¹¹³ are amended as follows—

• (a) in regulation 2(1), in the definition of “Specified EU Regulations under the Capital Requirements Regulation”¹¹⁴ for “retained EU” substitute “assimilated”;

• (b) in regulation 2(3)¹¹⁵ for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Qualifying Provisions) (No. 2) Order 2013

12

In Article 1(4)(a)(i) and (b)(i) of the Financial Services and Markets Act 2000 (Qualifying Provisions) (No. 2) Order 2013¹¹⁶ for “retained direct EU” substitute “assimilated direct”.

Capital Requirements (Country-by-Country Reporting) Regulations 2013

13

In regulation 1(3) of the Capital Requirements (Country-by-Country Reporting) Regulations 2013¹¹⁷ for “retained EU” substitute “assimilated”.

Central Securities Depositories Regulations 2014

14

The Central Securities Depositories Regulations 2014¹¹⁸ are amended as follows—

• (a) in regulation 5N(1)¹¹⁹ for “retained EU” substitute “assimilated”;

• (b) in regulation 5O(2)(a)(ii)¹²⁰ for “retained direct EU” substitute “assimilated direct”.

Bank Recovery and Resolution (No. 2) Order 2014

15

The Bank Recovery and Resolution (No. 2) Order 2014¹²¹ is amended as follows—

• (a) in article 2(4)¹²² for “retained EU” substitute “assimilated”;

• (b) in article 123(6)(f)¹²³ for “retained EU” substitute “assimilated”;

• (c) in article 126(8)(a)(vi)¹²⁴ for “retained EU” substitute “assimilated”.

Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014

16

The Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014¹²⁵ is amended as follows—

• (a) in regulation 2¹²⁶—

• (i) omit the definition of “retained EU law restrictions”;

• (ii) at the appropriate place insert—

• “assimilated law restrictions” has the meaning given in regulation 2 of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001;

• (b) in regulation 3(3)¹²⁷ for “retained EU” substitute “assimilated”;

• (c) in regulation 5(4)¹²⁸ for “retained EU” substitute “assimilated”.

Capital Requirements (Capital Buffers and Macro-prudential Measures) Regulations 2014

17

In regulation 2(2A) of the Capital Requirements (Capital Buffers and Macro-prudential Measures) Regulations 2014¹²⁹ for “retained EU” substitute “assimilated”.

Banking Act 2009 (Banking Group Companies) Order 2014

18

In the definition of “the Capital Requirements Regulation” in article 2(2) of the Banking Act 2009 (Banking Group Companies) Order 2014¹³⁰ for “retained EU” substitute “assimilated”.

Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014

19

In article 5(1) of the Banking Act 2009 (Restriction of Special Bail-in Provision, etc.) Order 2014¹³¹ for “retained EU” substitute “assimilated”.

Solvency 2 Regulations 2015

20

The Solvency 2 Regulations 2015¹³² are amended as follows—

• (a) in regulation 39(8)(a) for “retained EU” substitute “assimilated”;

• (b) in regulation 43(5)(b) for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016

21

Regulation 2 of the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016¹³³ is amended as follows—

• (a) in the definition of “the market abuse regulation” for “retained EU” substitute “assimilated”;

• (b) in the definition of “supplementary market abuse enactment” for “retained direct EU” substitute “assimilated direct”.

Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

22

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017¹³⁴ is amended as follows—

• (a) in regulation 1(3)(b)(i) and (ii)¹³⁵ for “retained EU” substitute “assimilated”;

• (b) in regulation 2A¹³⁶ for “retained EU” substitute “assimilated;

• (c) in regulation 38(1)(c)¹³⁷ for “retained EU” substitute “assimilated”;

• (d) in paragraph 2 of Schedule 1¹³⁸—

• (i) in the heading for “Retained EU” substitute “Assimilated”;

• (ii) in paragraph (1)(a) for “a retained EU” substitute “an assimilated”;

• (iii) in paragraph (2) for “retained EU” substitute “assimilated”.

Payment Services Regulations 2017

23

The Payment Services Regulations 2017¹³⁹ are amended as follows—

• (a) in regulation 107¹⁴⁰, in the heading and in paragraph (c), for “retained direct EU” substitute “assimilated direct”;

• (b) in paragraph 13(g) of Schedule 6¹⁴¹ for “retained EU” substitute “assimilated”.

Central Securities Depositories Regulations 2017

24

In regulation 7(2)(a) and (5)(b) of the Central Securities Depositories Regulations 2017¹⁴² for “retained EU” substitute “assimilated”.

Packaged Retail and Insurance-based Investment Products Regulations 2017

25

In regulation 6(1)(a)(ia) of the Packaged Retail and Insurance-based Investment Products Regulations 2017¹⁴³ for “retained direct EU” substitute “assimilated direct”.

Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018

26

The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018¹⁴⁴ are mended as follows—

• (a) in regulation 2(1), in the definition of “the EU Benchmarks Regulation 2016”¹⁴⁵ for “retained EU” substitute “assimilated”;

• (b) in regulation 3¹⁴⁶—

• (i) in the heading for “Retained direct EU” substitute “Assimilated direct”;

• (ii) in the text of the regulation for “retained direct EU” substitute “assimilated direct”;

• (c) in regulation 8(2), (3) and (5)¹⁴⁷ for the words “a retained EU” substitute “an assimilated”.

Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018

27

In the definition of “the EMIR Regulation” in regulation 1(4) of the Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018¹⁴⁸ for “retained EU” substitute “assimilated”.

Securitisation Regulations 2018

28

In regulation 3 of the Securitisation Regulations 2018¹⁴⁹ for “retained direct EU” substitute “assimilated direct”.

Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019

29

In the definition of “EMIR regulation” in regulation 1(2) of the Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019¹⁵⁰ for “retained EU” substitute “assimilated”.

Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019

30

The Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019¹⁵¹ are amended as follows—

• (a) in regulation 1¹⁵²—

• (i) in paragraphs (4)(b) and (d) for “retained EU” substitute “assimilated”;

• (ii) in paragraph (5) for “retained EU law on IP completion day” substitute “assimilated law”;

• (b) in regulation 4(2)(c) for “retained EU” substitute “assimilated”;

• (c) in regulation 6(2)(b)(i) for “retained EU” substitute “assimilated”.

Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019

31

The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019¹⁵³ are amended as follows—

• (a) in regulation 199(2), in paragraph (b) of the definition of “enactment” for “retained direct EU” substitute “assimilated direct”;

• (b) in regulation 202(2)(a)(i)(bb) and (c)(i)(cc) for “retained EU” substitute “assimilated”.

Prospectus (Amendment etc.) (EU Exit) Regulations 2019

32

The Prospectus (Amendment etc.) (EU Exit) Regulations 2019¹⁵⁴ are amended as follows—

• (a) in regulation 74(2) for “retained EU” substitute “assimilated”;

• (b) in regulation 75(2) for “retained EU” substitute “assimilated”.

Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020

33

The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020¹⁵⁵ are amended as follows—

• (a) in regulation 2(4) for “retained EU law on or after IP completion day” substitute “assimilated law”;

• (b) in regulation 8(1)(b) and (2)(a) for “retained EU” substitute “assimilated”;

• (c) in Table 1 in Schedule 1, in the heading of column 1 for “Retained EU law Regulation” substitute “Assimilated direct legislation”;

• (d) in Table 2 in Schedule 4, in the heading of column 2 for “retained EU” substitute “assimilated”;

• (e) in Table 3 in Schedule 4, in the heading of column 2 for “retained EU” substitute “assimilated”.

Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020

34

The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020¹⁵⁶ are amended as follows—

• (a) in regulation 29, in the definition of “SFT Regulation” for “retained EU” substitute “assimilated”;

• (b) in regulation 36 in the definition of “Securitisation Regulation” for “retained EU” substitute “assimilated”.

Payment and Electronic Money Institution Insolvency Regulations 2021

35

In paragraph (c) of the definition of “enactment” in the table in regulation 6 of the Payment and Electronic Money Institution Insolvency Regulations 2021¹⁵⁷ for “retained direct EU” substitute “assimilated direct”.

Part 2 — Assimilated Direct Legislation

Regulation (EC) No 1060/2009

36

Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies¹⁵⁸ is amended as follows—

• (a) in Article 4(6)(b)¹⁵⁹ for “retained EU” substitute “assimilated”;

• (b) in Article 5, in paragraph (1)(b) and paragraph (7)¹⁶⁰ for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) No 231/2013

37

Commission Delegated Regulation (EU) No 231/2013 of 19 December 2012 supplementing Directive 2011/61/EU of the European Parliament and of the Council with regard to exemptions, general operating conditions, depositaries, leverage, transparency and supervision¹⁶¹ is amended as follows—

• (a) in Article 7 for “retained EU” substitute “assimilated”;

• (b) in Article 8(1) for “retained EU” substitute “assimilated”.

Regulation (EU) No 596/2014

38

In Article 6(2A) of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC¹⁶² for “retained EU” substitute “assimilated”.

Regulation (EU) No 600/2014

39

Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012¹⁶³ is amended as follows—

• (a) in Article 47(2)¹⁶⁴ for “retained EU” substitute “assimilated”;

• (b) in Article 48A(9), in paragraph (a) of the definition of “enactment”¹⁶⁵ for “retained direct EU” substitute “assimilated direct”;

• (c) in paragraph 7(2) of Schedule 3¹⁶⁶ for “retained EU” substitute “assimilated”.

Regulation (EU) 2015/751

40

In Article 3(3A) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions¹⁶⁷ for “retained EU” substitute “assimilated”.

Regulation (EU) 2015/2365

41

In paragraph (g) of the definition of “financial counterparty” in Article 3(3) of Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012¹⁶⁸ for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) 2016/860

42

In Article 9(2)(a) of the Commission Delegated Regulation (EU) 2016/860 of 4 February 2016 specifying further the circumstances where exclusion from the application of write-down or conversion powers is necessary under Article 44(3) of Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms¹⁶⁹ for “retained EU” substitute “assimilated”.

Regulation (EU) 2016/1011

43

In Article 2(2)(c) of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014¹⁷⁰ for “retained EU” substitute “assimilated”.

Commission Delegated Regulation (EU) 2017/567

44

In Article 5(1A)(c) of Commission Delegated Regulation (EU) 2017/567 of 18 May 2016 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to definitions, transparency, portfolio compression and supervisory measures on product intervention and positions¹⁷¹ for “retained EU” substitute “assimilated”.

Regulation (EU) 2017/1131

45

Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds¹⁷² is amended as follows—

• (a) in Article 5(8)(b) for “retained direct EU” substitute “assimilated direct”;

• (b) in Article 7(6)(b) for “retained direct EU” substitute “assimilated direct”.

Commission Delegated Regulation (EU) 2019/980

46

In Article 1(b), in the definition of “equivalent third country market” of the Commission Delegated Regulation (EU) 2019/980 of 14 March 2019 supplementing Regulation (EU) 2017/1129 of the European Parliament and of the Council as regards the format, content, scrutiny and approval of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Commission Regulation (EC) No 809/2004¹⁷³ for “retained EU” substitute “assimilated”.

Schedule 10 — Northern Ireland Secondary Legislation

Forest Reproductive Material Regulations (Northern Ireland) 2002

1

In regulation 18(3)(c) of the Forest Reproductive Material Regulations (Northern Ireland) 2002¹⁷⁴ for “retained EU” substitute “assimilated”.

Waste Management Licensing Regulations (Northern Ireland) 2003

2

The Waste Management Licensing Regulations (Northern Ireland) 2003¹⁷⁵ are amended as follows—

• (a) in regulation 11C¹⁷⁶ for “retained EU” substitute “assimilated”;

• (b) in regulation 26(2)¹⁷⁷ for “retained EU” substitute “assimilated”;

• (c) in Schedule 1A, in paragraphs (c), (d) and (g) of the definition of “Relevant Waste”¹⁷⁸ for “retained EU” substitute “assimilated”;

• (d) in Part II of Schedule 3, in the table in column 2 opposite the entry in column 1 row D11¹⁷⁹ for “retained EU” substitute “assimilated”;

• (e) in paragraph 5(2A) of Part IV of Schedule 3¹⁸⁰ for “EU retained” substitute “assimilated”.

Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004

3

The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004¹⁸¹ are amended as follows—

• (a) in regulation 7 for “retained EU” substitute “assimilated”;

• (b) in regulation 11(4) for “retained EU” substitute “assimilated”;

• (c) in paragraph 1(e) of Schedule 1 for “retained EU” substitute “assimilated”.

Hazardous Waste Regulations (Northern Ireland) 2005

4

The Hazardous Waste Regulations (Northern Ireland) 2005¹⁸² are amended as follows—

• (a) in regulation 3A(3)(a)(i) for “retained EU” substitute “assimilated”;

• (b) in regulation 3A(6)(b) for “retained direct EU” substitute “assimilated direct”.

Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

5

In regulation 57(1)(b) of the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006¹⁸³ for “retained EU” substitute “assimilated”.

Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

6

In regulation 36(1)(b) of the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006¹⁸⁴ for “retained EU” substitute “assimilated”.

Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006

7

The Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006¹⁸⁵ are amended as follows—

• (a) in regulation 2(1), in the definition of “Union legislation”¹⁸⁶ for “giving effect to retained EU” substitute “which is assimilated”;

• (b) in Schedule 1¹⁸⁷, in Part 1, in paragraphs 6 and 9 for “retained EU” substitute “assimilated”.

Welfare of Animals (Transport) Regulations (Northern Ireland) 2006

8

In regulation 24(1)(b) of the Welfare of Animals (Transport) Regulations (Northern Ireland) 2006¹⁸⁸ for “retained EU” substitute “assimilated”.

Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007

9

In regulation 84(e) of the Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007¹⁸⁹ for “retained EU” substitute “assimilated”.

Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007

10

In regulation 18(d) of the Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007¹⁹⁰ for “retained EU” substitute “assimilated”.

Urban Waste Water Treatment Regulations (Northern Ireland) 2007

11

The Urban Waste Water Treatment Regulations (Northern Ireland) 2007¹⁹¹ are amended as follows—

• (a) in regulation 7(7)(a) for “retained EU” substitute “assimilated”;

• (b) in paragraph (c) of Part 1 of Schedule 1 for “retained EU” substitute “assimilated”;

• (c) in paragraph 4 of Part 1 of Schedule 3 for “retained EU” substitute “assimilated”;

• (d) in Schedule 4 for “retained EU” substitute “assimilated”.

Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

12

In regulation 24(d) of the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007¹⁹² for “retained EU” substitute “assimilated”.

Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

13

In regulation 22(d) of the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007¹⁹³ for “retained EU” substitute “assimilated”.

Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

14

In regulation 2B(4)(b) of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007¹⁹⁴ for “retained direct EU” substitute “assimilated direct”.

Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

15

In regulation 2(1) of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007¹⁹⁵—

• (a) in the definition of “EU environmental assessment” for “retained EU” substitute “assimilated”;

• (b) in the definition of “Union legislation” for “giving effect to retained EU” substitute “which is assimilated”.

Sea Fishing (Enforcement of Measures) (Penalty Notices) Order (Northern Ireland) 2008

16

In Article 2(2) of the Sea Fishing (Enforcement of Measures) (Penalty Notices) Order (Northern Ireland) 2008¹⁹⁶, in the definition of “penalty offence” for “retained EU”, in each place it occurs, substitute “assimilated”.

Swine Vesicular Disease Regulations (Northern Ireland) 2009

17

In regulation 37(5)(b) of the Swine Vesicular Disease Regulations (Northern Ireland) 2009¹⁹⁷ for “retained EU” substitute “assimilated”.

Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009

18

In paragraph 11 of Schedule 2 to the Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009¹⁹⁸ for “retained EU” substitute “assimilated”.

Groundwater Regulations (Northern Ireland) 2009

19

The Groundwater Regulations (Northern Ireland) 2009¹⁹⁹ are amended as follows—

• (a) in regulation 16²⁰⁰, in the opening words and in paragraph (i) for “retained EU” substitute “assimilated”;

• (b) in the following places in Part 1 of Schedule 2²⁰¹ for “retained EU” substitute “assimilated”—

• (i) paragraph 2(c);

• (ii) paragraph 3;

• (iii) paragraph 5(b);

• (iv) paragraph 6(a) and (b);

• (v) paragraph 7(a) and (b);

• (vi) paragraph 9(b)(i)(aa);

• (vii) paragraph 9(b)(ii)(aa);

• (viii) paragraph 10(d) and (f);

• (ix) paragraph 11(a);

• (c) in the following places in Part 2 of Schedule 2 for “retained EU” substitute “assimilated”—

• (i) paragraph 2(b);

• (ii) paragraph 6(c).

Air Quality Standards Regulations (Northern Ireland) 2010

20

In regulation 28(3) of the Air Quality Standards Regulations (Northern Ireland) 2010²⁰² for “retained EU” substitute “assimilated”.

Waste Regulations (Northern Ireland) 2011

21

The Waste Regulations (Northern Ireland) 2011²⁰³ are amended as follows—

• (a) in regulation 9C(11)(c)(ii) and (12)(d)(ii) for “retained EU” substitute “assimilated”;

• (b) in regulation 9D(3)(a)(i) for “retained EU” substitute “assimilated”;

• (c) in regulation 9D(6)(b) for “retained direct EU” substitute “assimilated direct”.

Trade in Animals and Related Products Regulations (Northern Ireland) 2011

22

In regulation 15(3)(a) of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011²⁰⁴ for “retained EU” substitute “assimilated”.

Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014

23

In paragraph 3(2) of Schedule 2 to the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014²⁰⁵ for “retained EU” substitute “assimilated”.

Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

24

The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015²⁰⁶ are amended as follows—

• (a) in regulation 2(2) in the definition of “unpolluted soil” for “retained EU” substitute “assimilated”;

• (b) in regulation 7(2)(b)(i) for “retained EU” substitute “assimilated”;

• (c) in regulation 9(1)(a) for “retained EU” substitute “assimilated”;

• (d) in regulation 10(3)(b) for “retained EU” substitute “assimilated”.

Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

25

The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015²⁰⁷ are amended as follows—

• (a) in regulation 6(2)(d) and (da) for “retained EU” substitute “assimilated”;

• (b) in regulation 11(3)(a)(ii) and (iia) for “retained EU” substitute “assimilated”;

• (c) in regulation 18(6), in the definition of “relevant plan or programme”, in both places it occurs, for “retained EU” substitute “assimilated”;

• (d) in regulation 19(2)(a)(ii) and (iia) for “retained EU” substitute “assimilated”.

Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015

26

In Schedule 6 to the Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015²⁰⁸ for “retained EU”, in each place it occurs, substitute “assimilated”.

Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017

27

The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017²⁰⁹ are amended as follows—

• (a) in regulation 10(2)(b) for “retained EU” substitute “assimilated”;

• (b) in regulation 11(2)(c)(i) for “retained EU” substitute “assimilated”;

• (c) in regulation 13(6) for “retained EU”, in both places it occurs, substitute “assimilated”;

• (d) in regulation 14(b) for “retained EU” substitute “assimilated”;

• (e) in regulation 20(2)(j)(iv)(aa) for “retained EU” substitute “assimilated”;

• (f) in paragraph 1(2) of Schedule 1 in the definition of “good surface water chemical status” for “retained EU” substitute “assimilated”;

• (g) in Part 1 of Schedule 5 for “retained EU” substitute “assimilated” in the following provisions—

• (i) paragraph 2(c);

• (ii) paragraph 3;

• (iii) paragraph 5(b);

• (iv) paragraph 6(a) and (b);

• (v) paragraph 8(a) and (b);

• (vi) paragraph 14(b)(i)(aa) and (b)(ii)(aa);

• (vii) paragraph 15(a)(i), (ii) and (iii);

• (viii) paragraph 16(d) and (f);

• (ix) paragraph 18(a);

• (h) in Part 2 of Schedule 5 in paragraphs 2(b) and 8(b) for “retained EU” substitute “assimilated”;

• (i) in Part 3 of Schedule 5 in paragraph 4(b) for “retained EU” substitute “assimilated”.

Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

28

In in regulation 2(2) of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017²¹⁰ in the definition of “Union legislation” for “retained EU” substitute “assimilated”.

Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

29

The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017²¹¹ are amended as follows—

• (a) in regulation 2(1), in the definition of “Union legislation” for “giving effect to retained EU” substitute “which is assimilated”;

• (b) in regulation 6(3) and (5)(a)(ii) for “retained EU” substitute “assimilated”;

• (c) in paragraph 2(c)(vi) of Schedule 2 for “retained EU” substitute “assimilated”;

• (d) in paragraph 5(2) and paragraph 8 of Schedule 3 for “retained EU” substitute “assimilated”.

Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

30

The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017²¹² are amended as follows—

• (a) in regulation 2, in the definition of “EEA Agreement” for “retained direct EU” substitute “assimilated direct”;

• (b) in regulation 8(1) and (7) for “retained EU” substitute “assimilated”;

• (c) in regulation 17(2)(b) for “retained EU” substitute “assimilated”.

Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018

31

In paragraph 14(3) of Schedule 3 to the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2018²¹³ for “retained EU”, in both places it occurs, substitute “assimilated”.

Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018

32

The Carcase Classification and Price Reporting Regulations (Northern Ireland) 2018²¹⁴ are amended as follows—

• (a) in regulation 2(1)—

• (i) in the definition of “classification” for “retained EU”, in each place it occurs, substitute “assimilated”;

• (ii) omit the definitions of “retained EU beef provision” and “retained EU pig provision”;

• (iii) at the appropriate place insert—

• “assimilated beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;

• (iv) at the appropriate place insert—

• “assimilated pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;

• (b) in regulation 8 for “retained EU” substitute “assimilated”;

• (c) in regulation 16 for “retained EU” substitute “assimilated”;

• (d) in regulation 23—

• (i) in the heading for “retained EU” substitute “assimilated”;

• (ii) in paragraphs (1)(a) and (b) for “a retained EU” substitute “an assimilated”;

• (iii) in paragraphs (2) and (3) for “retained EU” substitute “assimilated”;

• (e) in regulation 24—

• (i) in the heading for “retained EU” substitute “assimilated”;

• (ii) in paragraphs (1)(a) and (b) for “a retained EU” substitute “an assimilated”;

• (iii) in paragraphs (2) and (3) for “retained EU” substitute “assimilated”;

• (f) in regulation 33(1)(b) and (c) for “retained EU” substitute “assimilated”;

• (g) in Schedule 1 for “retained EU”, in each place it occurs including the heading, substitute “assimilated”;

• (h) in Schedule 2 for “retained EU” in each place it occurs including the heading, substitute “assimilated”.

Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

33

Schedule 3 to the Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019²¹⁵ is amended as follows—

• (a) in paragraph 3(9) for “retained EU” substitute “assimilated”;

• (b) in paragraph 8(3)(c) for “retained EU” substitute “assimilated”;

• (c) in paragraph 8(3)(f) for “retained direct EU” substitute “assimilated direct”;

• (d) in paragraph 8(4)(b) for “retained EU” substitute “assimilated”;

• (e) in paragraph 8(9)(b)(i) and (ii) for “retained EU” substitute “assimilated”;

• (f) in paragraph 8(11)(c) for “retained EU” substitute “assimilated”;

• (g) in paragraph 8(16)(b)(i) for “retained EU” substitute “assimilated”;

• (h) in paragraph 8(41)(a) for “retained EU” substitute “assimilated”;

• (i) in paragraph 9(7)(b) for “retained EU” substitute “assimilated”;

• (j) in paragraph 9(8)(a)(i) and (ii) for “retained EU” substitute “assimilated”;

• (k) in paragraph 11(3)(a)(i) for “retained EU” substitute “assimilated”;

• (l) in paragraph 11(7)(b) for “retained direct EU” substitute “assimilated direct”.

Schedule 11 — Food Standards Agency

Part 1 — Subordinate legislation

Materials and Articles in Contact with Food (England) Regulations 2012

1

In regulation 30(2) and (6) of the Materials and Articles in Contact with Food (England) Regulations 2012²¹⁶ for “retained EU” substitute “assimilated”.

Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

2

The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013²¹⁷ are amended as follows—

• (a) in regulation 2(1), in the definition of “the retained EU Regulations” for “retained EU” substitute “assimilated”;

• (b) in regulation 16 for “retained EU” substitute “assimilated”;

• (c) in regulation 19(2) for “retained EU” substitute “assimilated”.

Food Safety and Hygiene (England) Regulations 2013

3

In the heading of the first column of the table in Schedule 2 to the Food Safety and Hygiene (England) Regulations 2013²¹⁸ for “retained EU” substitute “assimilated”.

Animal Feed (Composition, Marketing and Use) (England) Regulations 2015

4

The Animal Feed (Composition, Marketing and Use) (England) Regulations 2015²¹⁹ are amended as follows—

• (a) in regulation 2(2) for “retained EU” substitute “assimilated”;

• (b) in regulation 15A(4)(a) for “retained direct EU” substitute “assimilated direct”.

Part 2 — Assimilated direct legislation

Regulation (EC) No 1829/2003

5

Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed²²⁰ is amended as follows—

• (a) in Article 5(6) for “retained EU” substitute “assimilated”;

• (b) in Article 7(1) and (5) for “retained EU” substitute “assimilated”;

• (c) in Article 13(1) for “retained EU” substitute “assimilated”;

• (d) in Article 17(6) for “retained EU” substitute “assimilated”;

• (e) in Article 19(1) and (5) for “retained EU” substitute “assimilated”;

• (f) in Article 25(1) for “retained EU” substitute “assimilated”.

Regulation (EC) No 1831/2003

6

Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition²²¹ is amended as follows—

• (a) in Article 7(3)(g) and (i) for “retained EU” substitute “assimilated”;

• (b) in Article 9(1) and (6) for “retained EU” substitute “assimilated”.

Regulation (EC) No 2065/2003

7

Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods²²² is amended as follows—

• (a) in Article 5(3) for “retained EU” substitute “assimilated”;

• (b) in Article 9(1) for “retained EU” substitute “assimilated”;

• (c) in Article 13(4) for “retained EU” substitute “assimilated”;

• (d) in paragraphs 1 and 2 of Annex 1 for “retained EU” substitute “assimilated”.

Regulation (EC) No 1935/2004

8

Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC²²³ is amended as follows—

• (a) in Article 4(1) and (2) for “retained EU” substitute “assimilated”;

• (b) in Article 11(2) for “retained EU” substitute “assimilated”;

• (c) in Article 15(1)(e) for “retained EU” substitute “assimilated”.

Regulation (EC) No 183/2005

9

Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene²²⁴ is amended as follows—

• (a) in Article 4(1) for “retained EU” substitute “assimilated”;

• (b) in Article 9(1) for “retained EU” substitute “assimilated”;

• (c) in Annex 1, in Part A, in point 3 and in Part B, in point 2 for “retained EU” substitute “assimilated”;

• (d) in Annex 2, in the part headed “DIOXIN MONITORING FOR OILS, FATS AND DERIVED PRODUCTS”, in point 2(c)(i), at the third indent, for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 378/2005

10

In Article 3(1)(a), in the third indent of Commission Regulation (EC) No 378/2005 of 4 March 2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives²²⁵ for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 429/2008

11

Annex 2 to Commission Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives²²⁶ is amended as follows—

• (a) in the part of the Annex headed “General Aspects”, in the fifth paragraph for “retained EU” substitute “assimilated”;

• (b) in point 1.1.2(f) in Section I for “retained EU” substitute “assimilated”;

• (c) in Section II—

• (i) in point 2.1.4, in the third paragraph for “retained EU” substitute “assimilated”;

• (ii) in point 2.6.1.1, in the first indent for “retained EU” substitute “assimilated”;

• (d) in Section III—

• (i) in point 3.2.1, in the second paragraph for “retained EU”, in both place it occurs, substitute “assimilated”;

• (ii) in point 3.2.2, in the final paragraph for “retained EU”, in both place it occurs, substitute “assimilated”.

Regulation (EC) No 1331/2008

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Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings²²⁷ is amended as follows—

• (a) in Article 3(4) for “retained EU” substitute “assimilated”;

• (b) in Article 7(1) for “retained EU” substitute “assimilated”.

Regulation (EC) No 1332/2008

13

In Article 11(1)(g) of Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97²²⁸ for “retained EU” substitute “assimilated”.

Regulation (EC) No 1333/2008

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Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives²²⁹ is amended as follows—

• (a) in Article 2(2)(b) and (4) for “retained EU” substitute “assimilated”;

• (b) in Article 22(1)(g) for “retained EU” substitute “assimilated”.

Regulation (EC) No 1334/2008

15

In Article 15(1)(g) of Regulation (EC) No 1334/2008 of the European Parliament of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC²³⁰ for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 152/2009

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Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed²³¹ is amended as follows—

• (a) in Annex 1—

• (i) in the fourth paragraph in point 1 (in both place it occurs) for “retained EU” substitute “assimilated”;

• (ii) in the fourth paragraph in point 8.2.1 (in both place it occurs) for “retained EU” substitute “assimilated”;

• (iii) in the second paragraph in point 8.2.2 (in both place it occurs) for “retained EU” substitute “assimilated”;

• (iv) in point 8.3 (in both place it occurs) for “retained EU” substitute “assimilated”;

• (v) in point 8.4.1 (in both place it occurs) for “retained EU” substitute “assimilated”;

• (vi) in point 8.4.2.2 (in both place it occurs) for “retained EU” substitute “assimilated”;

• (b) in point 7.1.4 of Chapter II of Part B of Annex 5 for “retained EU” substitute “assimilated”.

Commission Regulation (EC) No 450/2009

17

Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food²³² is amended as follows—

• (a) in Article 5(2)(b) for “retained EU” substitute “assimilated”;

• (b) in Article 9 (in each place it occurs) for “retained EU” substitute “assimilated”;

• (c) in point 6 of Annex 2 for “retained EU” substitute “assimilated”.

Regulation (EC) No 767/2009

18