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

W.S.I. 2023/1332 · Made 6 December 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Retained Eu Law Reform, Wales

Made 6 December 2023

Coming into force 1 January 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 19(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023f1.

The Welsh Ministers are a relevant national authority for the purposes of section 19(1) of the Retained EU Law (Revocation and Reform) Act 2023f2.

In accordance with paragraph 8(1) of Schedule 5 to the Retained EU Law (Revocation and Reform) Act 2023 Act, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru.

Annotations to the whole text

Footnotes

f1

2023 c. 28.

f2

The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.

Contents

  1. Part 1: Introductory
  2. 1Title and commencement
  3. Part 2: Amendments to primary legislation
  4. 2Learner Travel (Wales) Measure 2008
  5. 3Waste (Wales) Measure 2010
  6. 4Tax Collection and Management (Wales) Act 2016
  7. Part 3: Amendments to subordinate legislation
  8. 5The Food Supplements (Wales) Regulations 2003
  9. 6The Landfill Allowances Scheme (Wales) Regulations 2004
  10. 7The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004
  11. 8The Hazardous Waste (Wales) Regulations 2005
  12. 9The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009
  13. 10The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009
  14. 11The Beef and Veal Labelling (Wales) Regulations 2011
  15. 12The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011
  16. 13The Poultrymeat (Wales) Regulations 2011
  17. 14The Trade in Animals and Related Products (Wales) Regulations 2011
  18. 15The Natural Resources Body for Wales (Establishment) Order 2012
  19. 16The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013
  20. 17The Welfare of Animals at the Time of Killing (Wales) Regulations 2014
  21. 18The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016
  22. 19The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
  23. 20The Carcase Classification and Price Reporting (Wales) Regulations 2018
  24. 21The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019
  25. 22The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020
  26. 23The Infant Formula and Follow-on Formula (Wales) Regulations 2020
  27. 24The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020
  28. 25The Feed Additives (Authorisations) (Wales) Regulations 2022
  29. Signature
  30. Explanatory note

1Title and commencement

(1)

The title of these Regulations is the Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023.

(2)

These Regulations come into force on 1 January 2024.

2Learner Travel (Wales) Measure 2008

In section 14A(5) of the Learner Travel (Wales) Measure 2008f1, for “retained direct EU” substitute “assimilated direct”.

3Waste (Wales) Measure 2010

Section 17 of the Waste (Wales) Measure 2010f1 is amended as follows—

(a)

in subsection (4)(a)(i), for “retained EU” substitute “assimilated”;

(b)

in subsection (6)(b), for “retained direct EU” substitute “assimilated direct”.

4Tax Collection and Management (Wales) Act 2016

In section 65(4)(a) of the Tax Collection and Management (Wales) Act 2016f1, for “retained direct EU” substitute “assimilated direct”.

5The Food Supplements (Wales) Regulations 2003

In regulation 5(2)(a) of the Food Supplements (Wales) Regulations 2003f1, for “retained EU” substitute “assimilated”.

6The Landfill Allowances Scheme (Wales) Regulations 2004

Regulation 2 of the Landfill Allowances Scheme (Wales) Regulations 2004f1 is amended as follows—

(a)

in paragraph (4)(a)(i), for “retained EU” substitute “assimilated”;

(b)

in paragraph (6)(b), for “retained direct EU” substitute “assimilated direct”.

7The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004

(1)

The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004f1 are amended as follows.

(2)

In regulation 12(4), for “retained EU” substitute “assimilated”.

(3)

In Schedule 1, in paragraph 1(e), for “retained EU” substitute “assimilated”.

8The Hazardous Waste (Wales) Regulations 2005

Regulation 2A of the Hazardous Waste (Wales) Regulations 2005f1 is amended as follows—

(a)

in paragraph (3)(a)(i), for “retained EU” substitute “assimilated”;

(b)

in paragraph (6)(b), for “retained direct EU” substitute “assimilated direct”.

9The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009

(1)

The Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009f1 are amended as follows.

(2)

In regulation 2(3)(a), for “retained EU” substitute “assimilated”.

(3)

In Schedule 2, in paragraph 1A, for “retained EU” substitute “assimilated”.

10The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009

(1)

The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009f1 are amended as follows.

(2)

In Schedule 1, in the “Subject-matter” column of the table—

(a)

in the entry relating to Article 4(2)), for “retained EU” substitute “assimilated”;

(b)

in the entry relating to Article 4(3), for “retained EU” substitute “assimilated”.

11The Beef and Veal Labelling (Wales) Regulations 2011

Regulation 4 of the Beef and Veal Labelling (Wales) Regulations 2011f1 is amended as follows—

(a)

in the heading, for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph (1), for “retained direct EU” substitute “assimilated direct”.

12The Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011

Regulation 2 of the Recycling, Preparation for Re-use and Composting Targets (Monitoring and Penalties) (Wales) Regulations 2011f1 is amended as follows—

(a)

in paragraph (4)(a)(i), for “retained EU” substitute “assimilated”;

(b)

in paragraph (6)(b), for “retained direct EU” substitute “assimilated direct”.

13The Poultrymeat (Wales) Regulations 2011

(1)

The Poultrymeat (Wales) Regulations 2011f1 are amended as follows.

(2)

In regulation 2(1), for ““retained EU poultrymeat provision” (“darpariaeth cig dofednod yr UE a ddargedwir”)” substitute ““assimilated poultrymeat provision” (“darpariaeth cig dofednod a gymathwyd”)”.

(3)

In regulation 9—

(a)

in paragraph (1), for “retained EU” substitute “assimilated”;

(b)

in paragraph (2)(a), for “retained EU” substitute “assimilated”.

(4)

In regulation 14(1)(a), for “a retained EU” substitute “an assimilated”.

(5)

In the heading of Schedule 1, for “retained EU” substitute “assimilated”.

14The Trade in Animals and Related Products (Wales) Regulations 2011

(1)

The Trade in Animals and Related Products (Wales) Regulations 2011f1 are amended as follows.

(2)

In regulation 15—

(a)

in paragraph (1), for “retained direct EU” substitute “assimilated direct”;

(b)

in paragraph (4)—

(i)

in sub-paragraph (a), for “retained direct EU” substitute “assimilated direct”;

(ii)

in sub-paragraph (c), for “retained direct EU” substitute “assimilated direct”;

(iii)

in sub-paragraph (e), for “retained direct EU” substitute “assimilated direct”.

(3)

In Schedule 2, in paragraph 11A(1), for “retained direct minor EU legislation” substitute “assimilated direct minor legislation”.

15The Natural Resources Body for Wales (Establishment) Order 2012

(1)

The Natural Resources Body for Wales (Establishment) Order 2012f1 is amended as follows.

(2)

In article 11(3)(a), for “retained EU” substitute “assimilated”.

(3)

In article 11A—

(a)

in paragraph (2)(b)(i), for “retained EU law” substitute “assimilated”;

(b)

in paragraph (4)(a), for “retained EU law” substitute “assimilated”.

16The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013

(1)

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013f1 are amended as follows.

(2)

In regulation 2(1), for ““the retained EU Regulations” (“Rheoliadau’r UE a ddargedwir”)” substitute ““the specified food Regulations” (“ y Rheoliadau bwyd penodedig”)”.

(3)

In regulation 16, for “retained EU” substitute “specified food”.

(4)

In regulation 19(2), in the words before sub-paragraph (a), for “retained EU” substitute “specified food”.

17The Welfare of Animals at the Time of Killing (Wales) Regulations 2014

In Schedule 2, paragraph 3(2) to the Welfare of Animals at the Time of Killing (Wales) Regulations 2014f1, for “retained EU” substitute “assimilated”.

18The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

(1)

The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016f1 are amended as follows.

(2)

In regulation 2(2), for “the retained EU Regulation concerned” substitute “Regulation 178/2002, Regulation 1831/2003 or Regulation 767/2009, respectively”.

(3)

In regulation 15A(4)(c), for “retained direct EU” substitute “assimilated direct”.

19The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

(1)

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017f1 are amended as follows.

(2)

In regulation 5—

(a)

in paragraph (8)(b), for “retained EU” substitute “assimilated”;

(b)

in paragraph (13)(b)(ii), for “retained EU” substitute “assimilated”.

(3)

In regulation 6(4), for “retained EU” substitute “assimilated”.

(4)

In regulation 17(4)(e), for “retained EU” substitute “assimilated”.

(5)

In regulation 25(3)(c), for “retained EU” substitute “assimilated”.

(6)

In regulation 31(3), for “retained EU” substitute “assimilated”.

(7)

In Schedule 3, paragraph 2(c)(vi), for “retained EU” substitute “assimilated”.

(8)

In Schedule 4, paragraph 8, for “retained EU” substitute “assimilated”.

20The Carcase Classification and Price Reporting (Wales) Regulations 2018

(1)

The Carcase Classification and Price Reporting (Wales) Regulations 2018f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

in the definition of “classification”, in both places it occurs, for “retained EU” substitute “assimilated”;

(b)

for ““retained EU beef provision” (“darpariaeth eidion yr UE a ddargedwir”)” substitute ““assimilated beef provision” (“darpariaeth cig eidion a gymathwyd”)”;

(c)

for ““retained EU pig provision” (“darpariaethmoch yr UE a ddargedwir”)” substitute ““assimilated pig provision” (“ darpariaeth moch a gymathwyd”)”.

(3)

In regulation 15, for “retained EU” substitute “assimilated”.

(4)

In regulation 26—

(a)

in the heading, for “retained EU” substitute “assimilated”;

(b)

in paragraph (a), for “retained EU” substitute “assimilated”;

(c)

in paragraph (b), for “retained EU” substitute “assimilated”.

(5)

In regulation 27—

(a)

in the heading, for “retained EU” substitute “assimilated”;

(b)

in paragraph (1)—

(i)

in sub-paragraph (a), for “retained EU” substitute “assimilated”;

(ii)

in sub-paragraph (b), for “retained EU” substitute “assimilated”;

(c)

in paragraph (2), for “retained EU” substitute “assimilated”;

(d)

in paragraph (3), for “retained EU” substitute “assimilated”.

(6)

In regulation 36—

(a)

in paragraph (1)(b), for “retained EU” substitute “assimilated”;

(b)

in paragraph (1)(c), for “retained EU” substitute “assimilated”.

(7)

In Schedule 1—

(a)

in the heading, for “Retained EU” substitute “Assimilated”;

(b)

in the table, in the heading of the first column, for “retained EU” substitute “assimilated”.

(8)

In Schedule 2—

(a)

in the heading, for “Retained EU” substitute “Assimilated”;

(b)

in Part 1, in the table, in the heading of the first column, for “retained EU” substitute “assimilated”;

(c)

in Part 2, in the table, in the heading of the first column, for “retained EU” substitute “assimilated”.

21The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019

In regulation 2(1) of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Wales) Regulations 2019f1, in the definition of “unauthorised substance”, for “retained EU” substitute “assimilated”.

22The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020

In regulation 2(1) of the Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020f1, in the definition of “relevant legislation”, for “retained direct EU” substitute “assimilated direct”.

23The Infant Formula and Follow-on Formula (Wales) Regulations 2020

In Schedule 4, paragraph 11(3)(a), to the Infant Formula and Follow-on Formula (Wales) Regulations 2020f1, for “retained EU” substitute “assimilated”.

24The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

(1)

The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020f1 are amended as follows.

(2)

In regulation 21(3), in the definition of “plant health derogation”, for “retained EU” substitute “assimilated”.

(3)

In regulation 38(1)(f), for “retained direct EU” substitute “assimilated direct”.

(4)

In regulation 43(2)(b), in both places it occurs, for “retained EU” substitute “assimilated”.

(5)

In the heading of Schedule 3, for “retained direct EU” substitute “assimilated direct”.

25The Feed Additives (Authorisations) (Wales) Regulations 2022

In regulation 2(2) of the Feed Additives (Authorisations) (Wales) Regulations 2022f1, for “those retained EU Regulations” substitute “Regulation 1831/2003 or Regulation 767/2009, respectively”.

Signature

Lesley Griffiths

Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers

6 December 2023

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 19(1) and 20(1)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) (“the 2023 Act”). Section 19(1) is the power to make appropriate provision in consequence of provisions of the 2023 Act and which by virtue of section 20(1) includes the ability to make supplementary, incidental, consequential, transitional, transitory or saving provision.

These Regulations make amendments to primary legislation and subordinate legislation which apply in relation to Wales, in consequence of the renaming of retained EU law (and related terms) as assimilated law (and related terms) at all times after the end of 2023, as set out in section 5 of the 2023 Act.

Part 2 of these Regulations makes consequential amendments to relevant primary legislation and Part 3 makes consequential amendments to relevant subordinate legislation.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.