These Regulations make provision under section 2(1) of the Trade Act 2021 to implement provisions relating to co-operation in the regulation of chemicals contained in the EEA EFTA Agreement. The Regulations also make amendments to retained EU legislation in exercise of powers conferred by sections 8(1) and 8C(1) of the European Union (Withdrawal) Act 2018 and by paragraph 7 of Schedule 4 to that Act.
They make provision under section 8(1) of that Act in order to address failures of retained EU legislation to operate effectively and other deficiencies falling under section 8(2)(a), (d) and (e) arising from the UK’s exit from the European Union. They make provision under section 8C(1) in order to make amendments relating to the Northern Ireland Protocol.
These Regulations make provision under paragraph 7 of Schedule 4 to alter fees contained in regulation 21 of the Health and Safety and Nuclear (Fees) Regulations 2021 (S.I. 2021/33) (“the 2021 Regulations”), which came into force on 1st April 2021. Amendments were made to regulation 21 of the Health and Safety and Nuclear (Fees) Regulations 2016 (S.I. 2016/253) (“the 2016 Regulations”) by the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720) which came into force on 31st December 2020 and which were erroneously omitted from the 2021 Regulations, which remade the 2016 Regulations. The amendment intends to clarify the law in relation to the charging of fees in relation to biocidal products.
Source: HMSO.