UK MINISTERS ACTING IN DEVOLVED AREAS 

 

 

The Maritime Transport Access To Trade And Cabotage (Revocation) (EU Exit) Regulations 2018

Laid in the UK Parliament: 29 October 2018

Sifting

Subject to sifting in UK Parliament?

Yes

Procedure:

Proposed negative

Date of consideration by the House of Commons European Statutory Instruments Committee

13 November 2018

Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee

12 November 2018

Date sifting period ends in UK Parliament

19 November 2018

Written statement under SO 30C: 

Paper 2

SICM under SO 30A (because amends primary legislation)

Not required 

Scrutiny procedure

Outcome of sifting  

Not known 

Procedure

Negative or Affirmative

Date of consideration by the Joint Committee on Statutory Instruments

Not known

Date of consideration by the House of Commons Statutory Instruments Committee

Not known

Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee

Not known

Commentary

 

Assembly Legal Services agree with the summary and objective of the amendments made by these Regulations as set out by the Welsh Government in its Written Statement.

 

As to the reasons why the Welsh Government think it is appropriate that these UK Government Regulations include the devolved provisions, Members may wish to consider the reasoning provided in the final three paragraphs of the Written Statement:

 

“This SI revokes a variety of EU legislation around shipping/maritime transport services. The reservation of shipping in GoWA 2006 applies to ships on the sea or any other waterway and it covers all aspects of shipping, including shipping services. The competence of the NAfW is only in respect of financial assistance for shipping services to, from or within Wales.

 

The Welsh Government consider that it would not be proportionate for the Welsh Minsters to legislate in such a limited way, and that it is appropriate for the UK Government to do. No practical impact for Wales is expected to arise from these changes. 

 

On this basis, it is considered making separate SIs in Wales and England would lead to duplication, and unnecessary complication of the statute book. Agreeing to a UK wide/ England and Wales wide SI ensures that there is a coherent approach wherever possible in preparing the statute book to function properly after the UK has left the EU. This approach will promote the clarity and accessibility of legislation across the UK. In these exceptional circumstances, the Welsh Government considers it appropriate that the UK Government legislates on our behalf in this instance.”