MIL-OSI UK: Lords examines Financial Services (Implementation of Legislation) Bill

Source: British Parliament News

07 January 2019
The Financial Services (Implementation of Legislation) Bill will have its committee stage, the first chance for line-by-line scrutiny, in the Lords on Tuesday 8 January.

Members are expected to discuss a range of subjects, including:
limiting the new regulations to ensure there are no changes in government policy other than to reflect the UK’s status as a non-EU member
ensuring the competitiveness of UK financial markets is not affected by EU withdrawal
requiring HM Treasury to begin reporting on the use of its powers by October 2019 and every six months thereafter.
Baroness McDonagh (Labour) has laid a motion against the debate, recommending that committee stage of the bill be postponed until after the scheduled date for the Lords committee stage of the Trade Bill has been published in the House of Lords Business Paper.
Lords second reading: Tuesday 4 December
Members discussed a range of issues raised by the bill, including restrictions within the EU (Withdrawal) Act 2018 on the use of delegated legislation, the accurate number of ‘in flight’ pieces of EU legislation and shortening the bill’s regulatory period following a ‘no deal’ scenario down from the current twelve-month proposal.
Lord Bates (Conservative), minister of state in the Department for International Development, responded on behalf of the government.
Financial Services (Implementation of Legislation) Bill summary
This bill will aim to provide the government with powers to implement and make changes to ‘in flight’ files of EU financial services legislation. The powers will last for two years after UK withdrawal from the EU, in the event of a ‘no-deal’ scenario.
‘In flight’ refers to pieces of EU legislation that:
have been adopted by the EU but not yet enacted, and so would not apply under the European Union (Withdrawal) Act 2018
are currently in negotiation and may be adopted up to two years following EU withdrawal
Further information
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MIL-OSI UK News

MIL-OSI UK: Lords debates operation of air services regulations post Brexit

Source: British Parliament News

17 December 2018
Members of the House of Lords will discuss draft regulations which address deficiencies in air regulations arising as a result of the UK leaving the EU, in the Lords on Tuesday 18 December 2018.

Draft Operation of Air Services (Amendment etc.) (EU Exit) Regulations 2018
This statutory instrument is a contingency that would take effect in the event that the UK leaves the EU without a negotiated deal. It reflects the fact that it applies only within the UK and affects UK entities, rather than the EU and EU entities. Therefore it will not provide air carriers with the ability to operate intra-EU air services. It will continue to set out the requirements for holding an operating licence, although these will now apply to UK carriers and it will provide continuity of the regime for approving the wet lease of aircraft (which includes crew, maintenance and insurance).
Lord Foulkes of Cumnock (Labour) will propose a motion to regret the regulations, on the grounds that the effect of a no deal exit from the EU risks grounding all civil aircraft after 29 March 2019; and calls on the government to seek UK membership of the European Common Aviation Area in its own right to prevent such an outcome.
If agreed, this motion will not stop the regulations, which came into force in April, but will provide an opportunity for the House to put on record its regret that the government is making these changes, in respect of a potential no deal exit from the EU.
How do these regulations become law
These regulations are presented as a Statutory Instrument (SI). An Act will often contain a broad framework and statutory instruments are used to provide the necessary detail that would be too complex to include in the Act itself. They are also easier to change than an Act – for example to upgrade the rate of payment each year or amend the necessary forms in the light of experience.
This instrument is subject to the affirmative procedure, this means that it must be debated in both Houses before it can be made law. A vote can be taken on them if the House wishes but is not essential.  
Further information
Image: iStockphoto 

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