Explanatory note

These Regulations are made under section 8C of the European Union (Withdrawal) Act 2018 (c. 16).

The Regulations establish a scheme under which financial assistance can be provided to support compliance with the marking of retail goods requirements in Regulation (EU) 2023/1231 of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles opted for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland, which come into force on 1st October 2023.

Regulation 3 provides a power for the Secretary of State to give financial assistance and establishes the Windsor Framework Transitional Labelling Financial Assistance Scheme (the financial assistance scheme).

Regulation 4 enables the Secretary of State to delegate functions in relation to giving financial assistance.

Regulation 5 imposes a duty on an agreement holder to provide information or evidence to the Secretary of State on request for the checking and monitoring of conditions imposed under the agreement for financial assistance.

Regulation 6 identifies the circumstances which amount to a breach of conditions for financial assistance. Regulation 7 allows the Secretary of State to determine financial assistance was given as the result of an administrative error.

Regulation 8 makes provision for recovery of financial assistance where there has been a breach or an administrative error and for the suspension or termination of the agreement in circumstances where there has been a breach of conditions for financial assistance or financial assistance was given as the result of an administrative error.

Regulation 9 makes provision for the service of notices.

Regulation 10 makes provision for a person to request that the Secretary of State reconsider a decision or determination under regulation 6 or 7. Regulation 11 makes provision for a subsequent appeal to the Secretary of State and for the process by which that appeal will be decided.

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