No-deal preparations continue as two new SIs laid

Two new tax/customs related statutory instruments (SIs) have been laid. 


They have been set out below:

Taxes (Amendments) (EU Exit) Regulations 2019

This instrument will make changes to keep tax law working in the same way as it does now if the UK leaves the EU without a negotiated deal. The instrument amends references to the EU, the European Economic Area (EEA) and related concepts, such as member state. Where changes have been made to other areas of law that have consequences for tax law, this instrument makes changes to the relevant provisions of tax law. The instrument makes changes to maintain the effect of an existing power which permits the government to bring international tax agreements into effect in the UK. It also removes references to mistaken assumptions relating to the operation of EU legislation to prevent them being taken into account when HMRC are considering whether, and the extent to which, a taxpayer is unjustly enriched by repayment of insurance premium tax, landfill tax, or excise duty.

Made negative. Laid 27/03/2019. Objection period ends 23/5/19. Comes into force on exit day. 28 pages.


Customs (Revocation of Retained Direct EU Legislation, etc) (EU Exit) Regulations 2019    

This instrument forms part of legislation to be made under the EUWA to ensure that, in the event of the UK leaving the EU without a deal, the UK has an independent customs regime in place before the date of departure. It will revoke retained EU legislation which will not be needed if the UK leaves the EU without a deal and ensure that imports and exports between the Channel Islands and the UK are excluded from the collection of trade statistics.        

Made negative. Laid 28/03/2019. Objection period ends 24/5/19. Will come into force on exit day. 8 pages.


Additionally the SI changing the Brexit date was laid on March 25th and approved by both Houses of Parliament on March 27th.


Also published this week were the following:

At its March 19th meeting the European Statutory Instruments Committee (ESIC) noted and welcomed the Government’s confirmation that it had accepted the Committee’s recommendation and would lay the Customs Safety and Security Procedures (EU Exit) Regulations 2019 under the affirmative procedure.

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