Explanatory note

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, deficiencies falling within subsection (2)(c) and (d) of section 8) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 4 remedies a deficiency in the determination of United Kingdom jurisdiction in respect of video-sharing platform services after IP completion day (“IP completion day” is defined in the European Union (Withdrawal Agreement) Act 2020 (c.1) as 11pm on 31st December 2020). It sets out how jurisdiction is to be determined after that time.

Regulation 5 substitutes “IP completion day” for various references to “exit day” in the Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/24). This will ensure that the provisions in the existing regulations will take effect by reference to IP completion day rather than exit day.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.