Explanatory note

These Regulations make amendments to legislation in the field of environmental protection, specifically to Part V of the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15)), which relates to environmental impact assessment of road construction projects.

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. These Regulations are also made under section 2(2) of the European Communities Act 1972 (c. 68) for reasons unconnected to the withdrawal of the United Kingdom from the European Union.

Apart from regulation 3(2)(a)(i), these Regulations make amendments to Part V of the Roads (Northern Ireland) Order 1993 to correct deficiencies of the type mentioned in section 8(2)(a) and (g) of the European Union (Withdrawal) Act 2018 (matters which have no practical application to the United Kingdom or are otherwise redundant, and EU references which are no longer appropriate).

Regulation 3(2)(a)(i) amends the definition of “the Directive” for the purposes of the superseded provisions of Part V of the Roads (Northern Ireland) Order 1993 which continue to apply in relation to certain road projects initiated before 16 May 2017. The amendment reflects the repeal and replacement of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ No. L175, 5.7.85, p.40) by Directive 2011/92/EU of the European Parliament and of the Council (OJ No. L26, 28.1.2012, p.1).

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

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.