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The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

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1.—(1) These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018.

(2) They come into force on 17th September 2018 except for the following regulations which come into force on 10th November 2018—

(a)regulation 5(b);

(b)regulation 7(2);

(c)regulation 18;

(d)regulation 20(2)(d);

(e)regulations 33(b)(i) and 34(a).

(3) Subject to paragraphs (4) to (6), a provision that amends an enactment has the same extent and application as the enactment, or provision or part of the enactment, that it amends.

(4) Regulation 3 does not extend to Scotland.

(5) Regulation 10 does not apply insofar as the Welsh Ministers may make similar provision by virtue of section 58B of the Government of Wales Act 2006, read with sections 107 and 108A of, and paragraph 171 of Part 2 of Schedule 7A to, that Act(1).

(6) The following regulations do not apply in relation to Wales—

(a)regulation 19;

(b)regulation 30;

(c)regulation 32;

(d)regulation 35;

(e)regulation 44.

(1)

2006 c. 32; section 58B was inserted by the Wales Act 2017 (c. 4), section 20(1). It is prospectively repealed by the European Union (Withdrawal) Act 2018, Schedule 3, paragraphs 27 and 34 from a date to be appointed. Section 107 was amended by the Wales Act 2017, section 2. Section 108A was substituted, for section 108 as originally enacted, by the Wales Act 2017, section 3(1), and is prospectively amended by the European Union (Withdrawal) Act 2018, section 12(3) from a date to be appointed. Schedule 7A was substituted, together with Schedule 7B, for Schedule 7 as originally enacted, by the Wales Act 2017, Schedule 1. Section 58B allows the Welsh Ministers to make secondary legislation using powers in section 2(2) of the European Communities Act 1972 as if they were a Minister of the Crown or government department designated by Order in Council under that provision, provided such legislation would otherwise be within the legislative competence of the National Assembly for Wales. Sections 107 and 108A of the Government of Wales Act 2006, together with paragraph 171 of Part 2 of Schedule 7A to that Act, allow the National Assembly for Wales to make laws in relation to public access to information held by the Assembly, the Assembly Commission, the Welsh Government or any Welsh Public Authority, unless supplied by a Minister of the Crown or government department and held in confidence. “Welsh Public Authority” has the meaning given by section 83 of the Freedom of Information Act 2000 (c. 36), but does not include a reserved authority within the meaning of paragraph 8 of Schedule 7B to the Government of Wales Act 2006.

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