Business Surgery: Tim Ridyard, of Ashtons Legal in Bury St Edmunds looks at a possible 'bonfire of regulations'
There is significant ongoing concern about the possible impact on laws relating, amongst other things, to animal welfare, the environment, food standards and health and safety because of the so-called possible ‘bonfire of regulations’.
This terminology relates to proposals to let many existing regulations lapse, a mechanism being introduced through the Retained Law (Revocation and Reform) Bill 2022.
Interested groups, including those working in the environmental and agricultural sectors, are concerned that this legislation could reverse legal protections such as those enhancing pollution (such as air and water), wildlife and food. Additionally, the proposals potentially affect areas of everyday life. Would anyone wish to see the disappearance of regulations relating to seat-belt standards, for example?
All of this is linked to the aftermath of the UK leaving the EU.
As part of the Brexit process, the UK transitioned EU law that was still being applied, into its own laws. These have continued to be in place, otherwise all EU law would have ended abruptly, leading to huge legal problems and disruption: a legal cliff edge.
This retention of EU law is referred to as Retained EU Law (REUL). It is proposed that individual regulations within this body of law disappear at the end of 2023, unless a decision is made to positively retain it. There are almost 3,800 sets of REUL laws and measures, many of which relate to the rural sector and its businesses.
There is a proposal that states that EU laws that have not been actively kept should expire on December 23, 2023, however, the UK Government intend to review what should be retained and what should expire.
This is a major issue of huge potential significance to be watched in 2023.