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The Harbours and Highways (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2020
Jurisdiction: England, Scotland, Wales
Commencement: IP completion day
Amends:
- Harbours Act 1964
- Highways Act 1980
Mini Summary
1) Harbours Act 1964
The Harbours Act 1964 sets out the requirements for harbour revision orders and harbour empowerment orders.
Harbour revision orders are used to change the legislation governing the management of a harbour. Harbour empowerment orders are mainly concerned with building new harbours and or creating harbour authorities responsible for improving, maintaining and managing them.
2) Highways Act 1980
The Highways Act 1980 sets out powers of different classes of highway authorities. It defines their powers for the creation and maintenance of highways, their adoption and recovery of costs, control over interference with the highway, stopping up and regulation of use.
Amendment
1) Amendment of the Harbours Act 1964 (c.40)
These Regulations come into force on the day the UK leaves the European Union (EU). The 1964 Act is amended to ensure that the processes and procedures for undertaking environmental impact assessments (EIAs) for major harbour schemes will continue to work effectively following the UK’s exit from the EU.
References to EU legislation and institutions are replaced; specifically ‘Member States’ are changed to ‘Secretary of State’, references to ‘Union law’ are changed to ‘retained EU law’ and references to European Economic Area (EEA) are amended to reflect that the UK will no longer be a member of the EEA. There are no changes made to the environmental impact assessment (EIA) regimes for major harbour schemes in Great Britain.
Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.
2) Amendment of the Highways Act 1980 (c.66)
These Regulations come into force on the day the UK leaves the European Union (EU). The 1980 Act is amended to ensure that the processes and procedures for undertaking environmental impact assessments (EIAs) for major road schemes will continue to work effectively following the UK’s exit from the EU.
References to EU legislation and institutions are replaced; specifically ‘Member States’ are changed to ‘Secretary of State’, references to ‘Union law’ are changed to ‘retained EU law’ and references to European Economic Area (EEA) are amended to reflect that the UK will no longer be a member of the EEA. There are no changes made to the environmental impact assessment (EIA) regimes for major road schemes in England and Wales.
Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.
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