{
  "url": "https://openlegislation.uk/draft-hazardous-substances-and-packaging-legislative-functions-and-amendment-eu-exit-regulations-2020/regulation-9",
  "json_url": "https://openlegislation.uk/draft-hazardous-substances-and-packaging-legislative-functions-and-amendment-eu-exit-regulations-2020/regulation-9.json",
  "legislation": "ukdsi/2020/9780348213607",
  "legislation_title": "The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/draft-hazardous-substances-and-packaging-legislative-functions-and-amendment-eu-exit-regulations-2020",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Transitional provision: new exemptions",
  "text": "(1) Paragraph (3) applies where—\n(a) the Secretary of State proposes, either on an application under regulation 6 or on the Secretary of State’s own initiative, to make regulations under regulation 5(1) granting an exemption (“the proposed exemption”); and\n(b) the conditions in paragraph (2) are satisfied in relation to the proposed exemption.\n(2) The conditions are that—\n(a) before IP completion day, an application has been made to the European Commission for an exemption to be granted under Article 5 of Directive 2011/65/EC;\n(b) on or after IP completion day, the European Commission publishes a decision to grant that exemption (“the EU exemption”); and\n(c) the proposed exemption has substantially the same effect as the EU exemption.\n(3) Where this paragraph applies—\n(a) the Secretary of State may treat the requirements in paragraphs (2) to (5) of regulation 5 as satisfied, without considering or determining any of those matters; and\n(b) the Secretary of State is not required to consult before determining the application (if any) or making the regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2020/9780348213607/regulation/9",
    "retrieved_at": "2026-10-30T14:48:40.980706+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}