Brexit-related Statutory Instruments

When the UK leaves the EU (European Union), there will be some laws and regulations that will no longer apply or work properly. To prepare for this, the UK and Scottish governments are developing legislation to provide for the UK's new position as a non-EU member. They are also correcting the laws and regulations that will need some changes to ensure they work properly.

In some cases, the Scottish Government will make laws or regulations for Scotland to replace the EU laws. These regulations are called Scottish Statutory Instruments (SSIs). The Scottish Parliament looks at SSIs regularly, and will continue to look at any SSIs related to Brexit.

In other cases, the UK Government will make a Statutory Instrument (SI) which will cover all parts of the UK, including Scotland. When that happens, the Scottish Parliament is asked to look at a recommendation from the Scottish Government that it consents to the UK Government lodging the SI in the UK Parliament. 

To do this, the Scottish Government writes to a Scottish Parliament committee.  The Committee then decides if it agrees the Scottish Government can give its consent for the UK Government to make this instrument apply to Scotland.

The Scottish Government and the Scottish Parliament have an agreement, or protocol, which sets out how the Scottish Parliament will be involved.

 

If you would like send your views on any of the instruments, please contact us at least 5 days before the dates of consideration given below.

The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

The Justice Committee will consider this instrument on 5 March 2019

Completed Consideration

The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 18 December 2018

The Committee published its report on 20 December 2018

The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 4 December 2018

The Committee published its report on 7 December 2018

The Civil Jurisdiction and Judgments (Amendment etc.) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 4 December 2018

The Committee published its report on 7 December 2018

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

The Justice Committee considered this instrument on 4 December 2018

The Committee published its report on 7 December 2018

The Inquiries and Coroners (Amendment) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 13 November 2018

The Committee published its report on 16 November 2018

The European Enforcement Order, Order for Payment and Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 13 November 2018

The Committee published its report on 16 November 2018

The Service of Documents and the Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provision) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 13 November 2018

The Committee published its report on 16 November 2018

Criminal Justice (Arrangements for Compensation) (Revocation) (EU Exit) Regulations

The Justice Committee considered this instrument on 30 October 2018. The proposed Regulations would amend domestic legislation on compensation to victims of violent crime in the UK law.

The Committee published its report on 2 November 2018

The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 23 October 2018

The proposed Regulations relate to retained EU law in the area of security, law enforcement and criminal justice. Their purpose is to provide technical fixes to UK legislation to deliver a functioning statute book on exit.

The regulations will revoke or amend retained directly applicable EU legislation and domestic legislation for EU security, law enforcement and criminal justice measures where no negotiated agreement is reached with the EU – i.e. the ‘no deal’ scenario.

The Committee published its report on 25 October 2018

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 2 October 2018

The 2005 Hague Convention provides rules in relation to international commercial choice of court agreements relating to both jurisdiction (choice of court) and enforcement and recognition of judgements.

UK participation in the 2005 Hague Convention will cease after the UK's withdrawal from the European Union. This SI is aimed at ensuring the rules of the 2005 Hague Convention will continue to work effectively between the UK and all the existing contracting parties (including the EU).

Read the instrument and accompanying documents:

The Committee published its report on 4 October 2018

The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

The Justice Committee considered this instrument on 2 October 2018

The 2007 Hague Convention provides rules on the international recovery of child support and other forms of family mainenance. It also provides rules for the recognition and enforcement of maintenance decisions across borders.

UK participation in the 2007 Hague Convention will cease after the UK's withdrawal from the European Union. The SI is aimed at ensuring that the rules of the 2007 Hague Convention will continue to work effectively between the UK and all the existing contracting parties (including the EU).

Read the instrument and accompanying documents:

 The Committee published its report on 4 October 2018 

 

If you would like to contribute views to these instruments or have any comments or questions, please email justicecommittee@parliament.scot, or telephone 0131 348 5047.

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